• Home
  • News
    • Press Statements
    • Speeches
    • Bar News
    • AGMs and EGMs
    • In Memoriam
    • Legal and General News
    • Court Judgments
    • Highlights from the Appellate Courts
  • Members
    • Circulars
    • Peer Support Network
    • Sijil Annual and Payments
    • Benefits
    • Practice Management
    • Professional Development
    • Opportunities for Practice
    • Mentor-Mentee Programmes
    • Laws, BC Rulings and Practice Directions
    • Resources
    • Become a Member
  • Find
    • Legal Directories
    • BC Legal Aid Centres
    • State Bar Committees
    • Law Firms | Areas of Practice
    • Jobs
    • Useful Forms
  • About Us
    • Malaysian Bar and Bar Council
    • President's Corner
    • Committees
    • Previous Committees
    • Contacts
    • Advertising
    • Malaysian Bar Lifetime Achievement Award
  • Public
    • Notices
    • Compensation Fund
    • Complaints
    • Legal Aid
    • MyBar Pro Bono Hub
  • Search
  • Login
Search for

New login method: If first-time login, the password is your NRIC No. Call 20502191 for help.

 
Lost your password? Remember Me

 
No User ID/Password for firm? Click here for more information. Forgot Firm Username/Password?

Set a new password

If you have lost your password, you must set a new password. To begin this process, please key in your 12-digit NRIC No. below.

Forgot Firm Username/ Password?

Please enter name of firm or registered email address, indicate whether you want to retrieve your firm's username or password, and click "Submit".

Username Password
 
Access to Member Portal

Please key in your membership number, and click "GO"

BC
Resume Practice Request

Please key in your membership number, and click "GO"

BC
Newly-Called Request

Please key in your pupil code, and click "Submit"

Pupil Code

Change Password


Please enter your Password and Confirm Password then click on the Change Password button.
You will receive a new password shortly. Use this new password to access the site.

Password:
Confirm Password:
 
Change Password


Shortcut
  • Legal Directory
  • Find a Job
  • CPD
  • Online Shop
  • Payments
  • Complaints
  • Committees

Search the site

  • Search Me
Member Login
  • BC Online Facilities
  • Login Type 2
  • Login Type 3
  • Login Type 4
  • About Us
  • Previous Committees
  • International Malaysia Law Conference 2012
About Us
Malaysian Bar and Bar Council
  • About Us
  • Bar Council Members
  • Malaysian Bar Secretariat
  • Elections
President's Corner
  • Roll of Chairmen / Presidents
  • Press Statements
Committees
  • * Committees | Introduction
  • Ad Hoc Committee on Conditional Fee Rules (Re Non-Personal Injuries)
  • Ad Hoc Committee on Conditional Fee Rules (Re Personal Injuries)
  • Ad Hoc Committee on Contempt of Court
  • Ad Hoc Committee on Corporatisation of Law Firms and Multi-Disciplinary Practice
  • Ad Hoc Committee on Legal Services Blueprint
  • Ad Hoc Committee on Personal Data Protection
  • Ad Hoc Committee on Prison Reforms
  • Ad Hoc Committee on Sectoral Law and Practice Integration
  • Ad Hoc Committee on Sectoral Law and Practice Integration
  • Ad Hoc Committee on Statelessness
  • Ad Hoc Committee on Touting
  • Ad Hoc Pandemic Response
  • Ad Hoc Parliament Liaison Committee
  • Ad Hoc Peer Support Network
  • Ad Hoc Waqf Committee
  • Advocacy Training
  • AMLA Training Committee
  • Animal Rights Committee
  • Anti-Touting Committee
  • Arbitration
  • Art and Law Committee
  • Bahasa Melayu
  • Building
  • Child Rights
  • Civil Law and Law Reform Committee
  • Committee on AMLA
  • Committee on Orang Asli Rights
  • Committee on Persons with Disabilities
  • Committee on Reform to the Legal Sector
  • Constitutional Law Committee
  • Construction Law
  • Conveyancing Practice
  • Corporate and Commercial Law
  • Court Liaison
  • Criminal Law
  • Cyber and Privacy Laws Committee
  • Cyberlaw
  • Digital and Communications Committee
  • Enforcement Committee
  • Environment and Climate Change
  • Family Law
  • Finance
  • Human Rights
  • Industrial and Employment Law
  • INSAF Committee
  • Integration
  • Intellectual Property
  • International Malaysia Law Conference 2026 Organising Committee
  • International Policy and Practice Committee
  • Islamic Finance
  • Joint Committee on Environmental, Social and Governance (“ESG”)
  • Joint Working Committee on ELEVATE
  • Joint Working Task Force to Reform the Healthcare Dispute Resolution System
  • Law Reform and Special Areas
  • LAWASIA Conference 2024 Organising Committee
  • LawCare
  • Legal Databases Liaison
  • Legal Profession
  • Legal Profession Practical Course Committee
  • Legal Tech, AI and Sandbox Committee
  • Mediation
  • Migrants, Refugees and Immigration Affairs Committee
  • MyBar Academy
  • MyBar Ageing Rights Advisory ("MBARA") Committee
  • MyBar Carnival Organising Committee
  • National Legal Aid Committee
  • National Young Lawyers and Pupils Committee
  • Personal Injury Claims and Awards
  • Professional Indemnity Insurance Committee
  • Professional Standards and Development
  • Publications
  • Risk Management
  • Shipping and Admiralty Law
  • Small Firms Practice
  • Solicitors' Remuneration Enforcement
  • Sports
  • Sports and e-Sports Law Practice Committee
  • Strategic Litigation Committee
  • Syariah Court Liaison Committee
  • Syariah Law
  • Task Force on Independent Police Complaints and Misconduct Commission ("IPCMC") and Police Accountability
  • Tax and Customs Committee
  • Tender Review Committee
  • Trade in Legal Services Committee
  • Trade in Legal Services Committee
  • Women's Rights
  • Yayasan Bantuan Guaman Kebangsaan Committee
Previous Committees
  • * Previous Committees | Introduction
  • Ad Hoc Committee on Amendments to the LPA
  • Ad Hoc Committee on Anti-Money Laundering
  • Ad Hoc Committee on Benchmarking Law Firms
  • Ad Hoc Committee on Judicial Commission
  • Ad Hoc Committee On National Legal Aid Foundation
  • Ad Hoc Committee on Quality and Standards
  • Ad Hoc Committee on Rules and Regulations
  • Alternative Dispute Resolution
  • Gender Issues & Equal Opportunities (2005-2007)
  • Institutional and Law Reform
  • International Malaysia Law Conference 2012
  • International Malaysia Law Conference 2014
  • International Malaysia Law Conference 2016
  • International Malaysia Law Conference 2018
  • International Malaysia Law Conference 2020
  • International Malaysia Law Conference 2022
  • International Malaysia Law Conference 2023
  • LawCare Fund Management
  • Library
  • Malaysian Law Conference 2007
  • Malaysian Law Conference 2010
  • Motor Insurance Review Ad Hoc Committee
  • No-Fault Liability Scheme
  • Practice Management Support
  • Safer Malaysia
  • Standing Committee for the Promotion of Best Practices by Detaining Authorities (2005-2007)
  • Standing Committee on Court Rules (2005-2007)
  • Standing Committee on Eliminating Discrimination (2005-2007)
  • Standing Committee to Review LPA 1976
  • Study Loan
  • Task Force on Combined Rules of Court
  • Task Force to Review the Compendium of Personal Injury Awards
Contacts
  • Web Administrator
  • Complaints
  • Legal Aid Centres
  • State Bar Committees
  • Malaysian Bar Secretariat
  • Bar Council Members
  • Bar Council
Advertising
  • Advertise with Bar Council
Malaysian Bar Lifetime Achievement Award
  • Malaysian Bar Lifetime Achievement Award
  • Go back to list
IMLC 2012 – Human Rights: Do Businesses have roles and obligations as corporate citizens? 29 Sep 2012 12:00 am

Contributed by Gregory Das and Nizam Bashir

Corporations have often been perceived as purely self-serving and profit-orientated entities. However, in the modern era of ‘go-green’ initiatives and the codification of rules that regulate the social conduct of companies, there has developed a firmly entrenched culture of corporate social responsibility within the commercial sector.

It was against this backdrop that the speakers at this session purported to address the role of businesses in upholding human rights in society. 

The session was moderated by Mr. Khairil Azmi b Haji Mohamad Hasbie, the President of the Advocates’ Association of Sarawak. The panel of speakers comprised of a well qualified academic and an experienced set of practitioners, which ensured that the well-attended event contained both a conceptual and a practical discussion of the topic at hand. 

The first speaker was Mr. Nahendran Navaratnam of Kadir Andri & Partners. He commenced his presentation by stating that it was imperative to ensure that corporations owe an obligation to uphold human rights. Mr. Navaratnam remarked that this was patently necessary as corporations employ 3.7% of the world’s labour force and that they therefore have the ability to be omnipresent in society.

Mr. Navaratnam then recounted the many notable instances of human rights violations perpetrated by corporations worldwide. He stated that these well-documented infringements resulted in the implementation of the mercilessly named United Nations Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human Rights (“the Norms”) and also the United Nations Framework for Business and Human Rights (designed by John Ruggie). Mr. Navaratnam lauded the two sets of documents as being unprecedented in requiring corporations to promote and respect the Rule of Law in their operations.

The second speaker of the session was Mr. David Watkins of Slaughter and May, Hong Kong. Mr. Watkins’ presentation was focused on the role of corporations in safeguarding the human right to water. His speech commenced with the harrowing statement that there was indeed a ‘water crisis’ in the world at present as more than 1/3 of the global population lacked access to properly sanitized water. He then asserted that it was incumbent on both governments and businesses to take steps to address this problem and safeguard the human right to water in their respective societies. 

Mr. Watkins proceeded to claim that there is scope for the private sector to actively assist in the provision of water in society. He cited the water industry in England as an example of the complete divestiture of all assets in the supply of water to the private sector. Mr. Watkins attributed the success of the water industry in England to the innovative financing of the government and the clear regulations that have been implemented. 

Mr. Watkins then concluded his presentation by referring to the numerous examples of large corporations playing an active role in the promotion of the human right to clean and sanitized water (eg. Pepsi Co.).

The final speaker of the session was Dr. Tan Seng Teck, a Senior Lecturer of the Taylor’s Business School, Taylor’s University. Dr. Tan began his speech by suggesting that the modern perspective of human rights abuses differed from the conventional perception of the same. Specifically, he noted that human rights abuses in the present day was subtle in nature, as is evidenced by the unethical practices of businesses in the context of globalization (Dr. Tan here cited Nike’s exploitation of foreign child labour as an example). 

Dr. Tan then made the bold assertion that “human rights was never part of the corporate DNA”, in claiming that businesses were not conventionally designed to protect and promote human rights. He however stated that the modern perception was that there was a clear need for companies to take heed of corporate social responsibility initiatives. Dr. Tan then referred to the Malaysian Code of Corporate Governance, which provides for the delisting of companies in the event they fail to adequately safeguard human rights in their operations. 

Dr. Tan concluded his presentation by suggesting that the ‘Value Chain Model’ promulgated by Michael Porter in 2002 was the most viable way to ensure that corporations adopted a balanced approach in achieving their commercial aspirations whilst simultaneously upholding their social obligations in safeguarding human rights. He referred to Starbucks as an example of a company that adopts the Michael Porter Model as they often valiantly boast of the ethical procurement of the coffee beans used in their products.

The instructive session then culminated in a brief question and answer segment, where Mr. Navaratnam stated that it would be difficult to draft legislation that would compel companies to behave in a socially responsible way. He did however state that it was open to countries to implement laws to prevent companies from behaving unethically in their commercial endeavors.

© Copyright Reserved 2026. Malaysian Bar.
Wisma Badan Peguam Malaysia, 2 Leboh Pasar Besar, 50050 Kuala Lumpur, Malaysia
Terms and Conditions.
 

I'm a

 
 
 
 
 

I'm a