The Borneo Post (Sabah)

Companies at risk if neglect human rights issues – KPMG

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PETALING JAYA: Legal actions and sanctions against companies over human rights issues are increasing worldwide, and KPMG cautions Malaysian companies to wake up to this risk before it’s too late.

A check of the Withhold Release Orders (WRO) list issued by the US Customs and Border Protection (CBP) included four companies from Malaysia as of December 2020: Sime Darby Plantation Bhd, FGV Holdings Bhd, Top Glove Sdn Bhd and TG Medical Sdn Bhd.

The WRO effectivel­y prevents imported goods from entering the US if suspected to be produced by forced labor.

Based on the updated active list, Malaysia currently has the second highest number of companies in the WRO – second only to China. On January 12, 2021, the UK and Canada became the latest jurisdicti­ons to impose new policies on imports as measures to combat forced labour and human rights violations.

In a press statement, KPMG’s Governance and Sustainabi­lity advisory unit executive director Phang Oy Cheng commented: “For unprepared companies, receiving a WRO or import sanction can be costly not least for the impact to the company’s future earnings.

“Failure to identify and respond to human rights issues will lead to costly and disruptive legal actions, cause investor divestment, negative publicity, reputation damage and significan­t financial loss.

“The damages cause by poor human rights risk management have a perpetual effect that will take companies tremendous effort and resources to repair.”

Unfortunat­ely, many business leaders in Malaysia tend to underestim­ate human rights risks and the impact on their companies until the damage is done, KPMG warned.

Phang pointed to several widely reported human rights cases that emerged out of Malaysia recently, which were brought to light because of the Covid-19 contagion among migrant workers.

A jarring example is the case of Top Glove, which drew national and internatio­nal a ention when over 1,000 of the company’s contract workers were infected giving rise to community spread.

Investigat­ions revealed the source of the contagion was found in the housing facilities provided to its workers. Subsequent enforcemen­t operations in five states (Perak, Kedah, Kelantan, Negeri Sembilan and Johor) resulted in the Ministry of Human Resources (MoHR) opening 19 investigat­ion papers against six companies related to Top Glove Corp under the Workers’ Minimum Standards of Housing and Amenities Act 1990 (Act 446).

The impact to the company was immediate. Top Glove’s shares declined 17 per cent with about RM11 billion in market capitalisa­tion reportedly wiped out. The glove maker had also spent over RM1 billion, more than half its FY20 earnings, repurchasi­ng its own shares.

Phang remarked, “These cases show that managing human rights is not only about doing the right thing, it is also about protecting the bo om line.

“Corporate Malaysia must acknowledg­e that every business, partnershi­p or sourcing decision entails significan­t questions about potential human rights issues.

“This reality demands a shi in thinking, away from traditiona­l risk-to-business concerns and towards non-financial risk-to-people concerns.”

Human rights risk goes beyond working conditions for workers to also encompass aspects across the enterprise, including suppliers and partners in the value chain, acquired businesses or activities in new global markets and regions, project financing, loans, assetmanag­ement services, and more.

Awareness of human rights across the organisati­on and prioritisi­ng them is only the beginning of the governance process.

“The pandemic has amplified a global movement driven by investors and consumers for companies to put purpose over profit.

“As expectatio­ns and requiremen­ts to improve human rights risk management grow, Corporate Malaysia should explore new ways to identify, manage and report on potential issues that can negatively impact the company.

“Examples have shown that business leaders underestim­ate this risk only at their peril,” cautioned Phang.

Some strategic steps that companies and business leaders should consider to enhance and prioritise their management of human rights risk include se ing the tone at the top by appointing a board member or board commi ee with responsibi­lity for human rights.

KPMG also advised that boards and leaders should be commi ed to respecting human rights and to challengin­g traditiona­l assumption­s about corporate responsibi­lity.

Companies should also set up a cross-functional working group that includes the sales, procuremen­t, operations, legal, ethics, safety and HR functions to implement a human rights policy and build human rights actions into annual business-unit plans and ensure that accountabi­lity sits with business unit leaders, KPMG added.

Aside from that, it suggested companies to integrate human rights risks into risk management across different business functions.

For unprepared companies, receiving a WRO or import sanction can be costly not least for the impact to the company’s future earnings.

Phang Oy Cheng

 ??  ?? According to KPMG, a jarring example of a company’s neglect over human rights issues is the case of Top Glove, which drew national and internatio­nal a ention when over 1,000 of the company’s contract workers were infected by Covid-19, giving rise to community spread.
According to KPMG, a jarring example of a company’s neglect over human rights issues is the case of Top Glove, which drew national and internatio­nal a ention when over 1,000 of the company’s contract workers were infected by Covid-19, giving rise to community spread.
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