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We have just been awarded a grant to develop a policy paper for legal and policy reforms to enhance the connectivity of fragmented green spaces in the Klang Valley by enabling community-led interventions. The Project Our project will involve studying community-led efforts and the role and value of civic engagement, as well as the conditions for stronger partnerships between public sector actors and civil society actors. We will conduct a review of the laws and policies related to green space management, as well as conduct consultation sessions or Focus Group Discussions with various stakeholders. The project will relate to the themes of access to information, public participation in decision-making processes, development planning, biodiversity and climate adaptation. This is underpinned by the recognition of environmental rights, especially the right to a safe, clean, healthy, and sustainable environment, and the right to be safe from the adverse impacts of climate change. The project is expected to be completed by the end of February 2026, where the findings will be published in a policy paper that will be publicly accessible. The policy paper will be an advocacy tool for green space connectivity. Project Partners Kiu & Co. is undertaking this project together with Pusat KOMAS , with the support of the Malaysian Nature Society (“MNS”). This project comes under the 7 th  Operational Phase of the Global Environment Fund (GEF) Small Grants Programme (SGP) in Malaysia which is administered by the United Nations Developmental Programme (UNDP). Our policy research project will complement the broader project led by MNS known as Rantaian Urban Green Spaces (“RUGS”). RUGS is a conservation project that aims to steward and support multi-stakeholder collaboration between community-led conservation efforts, civil society organisations, government bodies, city councils and the grassroots to collectively safeguard, rehabilitate, and connect the fragmented green spaces within the Klang Valley. It is also supported by the GEF-SGP. RUGS involves many community-based organisations have made strides in conserving the landscape in Klang Valley through many local community-led initiatives. Our policy research project seeks to develop landscape policy recommendations based on the past experiences of these organisations. This will include identifying the various factors that inhibited and enabled local community initiatives for green space management, distilling lessons learned, and recommending areas for reforms and improved practices. We are Hiring for this Project Kiu & Co. is looking for legal researchers for this project. It will be a 4-month contract, commencing on 1 st  November 2025. We are seeking a passionate, self-motivated individual with a background in law, public policy, environmental studies, or a related field. The ideal candidate excels at research, drafting, and stakeholder coordination. If you are ready to translate your skills and passion into policy and turn grassroots success into a model blueprint, please send your resume with a cover letter to Mellaney.goh@kiu-co.com  by 20 th  October 2025 . To download the hiring poster:

The Legal Affairs Divis io n of the Prime Minister’s Department has launched the National Action Plan on Business and Human Rights (2025-2030) (“NAPBHR”)! Launch of Malaysia’s National Action Plan The Malaysian government has launched the National Action Plan on Business and Human Rights (2025-2030) (“NAPBHR”) on 12 August 2025. YB Dato’ Sri Azalina Othman, Minister in the Prime Minister’s Department (Law and Institutional Reform) officiated the ceremony held at the Asian International Arbitration Centre (AIAC) in Kuala Lumpur. The NAPBHR is our first national framework that integrates human rights into business and corporate governance. Read more about the launch event on our News post here . Why has Malaysia come up with it? Human rights are fundamental rights and freedoms inherent to all human beings. They are universally recognised legal entitlements to ensure that we are able to live freely and with dignity. Internationally, the Universal Declaration of Human Rights (“UDHR”) is the foundational document for all international human rights law. Nationally, the basis for human rights protection is constitutionally grounded in the fundamental liberties (in Part II of the Federal Constitution). In the business context, the United Nations Guiding Principles on Business and Human Rights (“UNGPs”) is a framework guiding responsible business conduct and addressing human rights abuses in business operations and global supply chains. At the global level, the UNGPs were adopted in 2011. Since then, the UN Working Group on Business and Human Rights have strongly encouraged states to develop their respective National Action Plan to implement the UNGPs domestically, according to each state’s circumstances and priorities. In Malaysia, the development of the NAPBHR was spearheaded by the Legal Affairs Division of the Prime Minister’s Department ( Bahagian Hal Ehwal Undang-Undang, “BHEUU”). The Human Rights Commission of Malaysia (“SUHAKAM”) provided foundational work and strategic policy direction, based on its Strategic Framework in 2015, while the United Nations Development Programme (“UNDP”) provided technical support. In order to develop the NAPBHR, Malaysia’s first National Baseline Assessment (“NBA”) was initiated in July 2022 to assess the legal and policy gaps in UNGP implementation.  It reviewed some of the most salient human rights impacts by businesses, particularly those affecting vulnerable groups like migrant workers and indigenous peoples. The NBA was completed and published in August 2024 (available here ). Based on the NBA, and with further stakeholder and public engagement sessions, the Malaysian government then produced the NAPBHR. We attended the event: Unveiling Insights and Actions: Malaysia's Baseline Assessment on Business and Human Rights (25 October 2023) What does it cover? The NAPBHR is a government-led policy document that sets a framework and expectations for both the government and the private sector. Its timeline requires for specific actions to be completed by 2030. It articulates Malaysia’s expectations on all business operating in the country, from multinational corporations (MNCs) to small and medium-sized enterprises (SMEs). Reflecting the UNGPs, the NAPBHR is anchored on three key pillars: “ The State duty to protect human rights ” – affirming that all countries owe a duty to uphold the human rights of their people, such as the fundamental rights guaranteed in our Federal Constitution; “ The corporate responsibility to respect human rights ” – ensuring that business activities do not contribute to the infringement of human rights, especially towards marginalised communities; and “ Access to remedy ” – where victims of human rights infringements are able to seek remedial actions and compensation for their loss and suffering. The NAPBHR covers the following key thematic areas: Governance – promoting the integration of human rights into corporate operations conducting due diligence, and strengthening anti-corruption efforts Labour – addressing issues such as forced labour, child labour, fair wages, and the rights of workers Environment – embedding environmental and human rights commitments into corporate policies, preventing greenwashing, and engaging with indigenous communities and environmental defenders Special issues – focusing on other areas such as children’s rights, digital rights, and the rights of refugees and asylum seekers Actions needed now The core expectation for the private sector under the NAPBHR is the corporate responsibility to respect human rights . This expectation applies to all companies, regardless of their size, sector, or location, throughout their operations and value chains. Specifically, the NAPBHR states that companies should: Adopt a progressive policy that articulates the company’s commitments towards human rights, responsible business conduct, and implementing Human Rights and Environmental Due Diligence (“HREDD”). Implement HREDD by undertaking to proactively identify, prevent, mitigate and account for how the company addresses its actual and potential adverse human rights impacts. This also includes ensuring that HREDD policies are embedded into core management systems and integrated across all regular business processes (i.e., governance, risk management, procurement, and compliance) Establish and operate effective operational-level grievance mechanisms to allow affected individuals and communities to raise complaints regarding the company’s human rights impacts. Communicate publicly and transparently on how human rights impacts are addressed by the company. This means that reporting will shift from basic “sustainability” disclosures to the provision of substantive information, which are evidence-based and audited for validity. In summary, the private sector’s core duty under the NAPBHR is to embed HREDD into every part of its operations and value chain to proactively prevent, mitigate, and remedy any adverse impacts on human rights. Some highlights for Kiu & Co. Reflecting on our work in accelerating the transition to sustainable development, the launch of the NAPBHR is a significant milestone. It is to-date, Malaysia’s clearest policy document about the role of business in Malaysia in relation to human rights, accountability, and sustainable development. Businesses are now officially expected to respect human rights . Where all  matters regarding human rights used to be the exclusive responsibility of the public sector, this is a paradigm shift in the narrative of the role of business. We welcome the directness of the NAPBHR in promoting HREDD as it frames due diligence as a crucial element for responsible business conduct . The NAPBHR has also holistically described the elements needed of effective HREDD processes and illustrates lenses that should be considered (e.g., gender equality, children’s rights, indigenous peoples’ rights). We strongly support the NAPBHR’s emphasis on meaningfully consulting stakeholders in the course of business, reflecting the fact that businesses must respect human rights in order to earn and retain their social license to operate. We are particularly delighted about the commitment to recognise the right to a clean and healthy environment in the Federal Constitution. Additionally, the NAPBHR serves as an important policy direction for institutional and legal reform to enhance environmental justice. For example, the proposed increase in Free Prior Informed Consent (FPIC) protocols and the development of legislation addressing Strategic Lawsuit Against Public Participation (SLAPP). Lastly, we find that the NAPBHR’s emphasis on the distinctions between ESG and BHR (at pages 18-19) to be a missed opportunity. ESG is underpinned by the principles of sustainable development, which in turn are premised upon human rights principles Indeed, BHR should be seen as the necessary, authoritative, and legally informed engine that drives credible and impactful corporate action in any ESG strategy. Conclusion The NAPBHR is more than just a 5-year plan for the Malaysian government to address human rights within the business context. It is also a powerful tool to be harnessed by the private sector to be more competitive and to stay at the forefront of the new aspirations of markets. “Businesses must measure success not only by profits, but by ethical conduct, sustainability, and respect for human rights.” - YB Dato’ Sri Azalina Othman , Minister in the Prime Minister’s Department (Law and Institutional Reform) during the Launch of the NAPBHR Most importantly, the NAPBHR has introduced and set the expectations for a rights-based approach  to economic development and business activities, thereby establishing the crucial precondition for Malaysia’s true progress toward sustainable development that leaves no one behind.

The Ministry of Natural Resources and Environmental Sustainability (“NRES”) is conducting a public consultation on the Rang Undang-Undang Perubahan Iklim Negara (“RUUPIN”), i.e. the National Climate Change Bill. This is done through NRES' Consultation Paper issued on 4th October 2024 ("Consultation Paper"). (You can download this from NRES here .) The Consultation Paper sets out the framework of the RUUPIN and an outline of the salient provisions and invites the public to provide their feedback on its contents. The dateline to do so is 18th November 2024. Presently, Malaysia does not have any climate change legislation. The RUUPIN is therefore a major missing piece in Malaysia's climate governance regime. Climate governance = The system of rules, institutions and processes that guide and regulate efforts to address climate change at sub-national, national and international levels. It includes laws, policies and collaborative frameworks to promote efforts to combat climate change. In Malaysia’s National Climate Change Policy 2.0, the RUUPIN is intended to be the “catalytic initiative” identified in Strategic Thrust 1, with clearly articulated strategies. At the heart of our Climate Change Policy 2.0, Key Action ST1S1KA1 is to “develop a regulatory framework on climate change to regulate and coordinate climate action across all sectors and level to fulfil climate obligations and commitments.” However, we find serious gaps in the Consultation Paper that render this public consultation highly inadequate. Among them, the section in the Consultation Paper that says “Guiding Principles” has failed to explicitly set out the actual guiding principles that guide the development of the RUUPIN. Secondly, the actual RUUPIN is not included with the Consultation Paper (instead, we get a description of the outline of the “salient provisions”).  Public participation at this stage of the RUUPIN is crucial. It is good that NRES is conducting this public consultation before the RUUPIN is tabled in Parliament. Nevertheless, it is important that public consultation is effective and meaningful, in that stakeholders are enabled to engage and provide relevant feedback. Here, being transparent about the drafting principles, core rationale and strategies, and the full text of the RUUPIN is necessary before stakeholders across the country can provide relevant and constructive feedback. Our firm has set out our inputs on each aspect of the Consultation Paper as well as comment on these shortcomings in our Kiu & Co. Discussion Paper dated 16th November 2024 (“Discussion Paper”). We have submitted this Discussion Paper to NRES as part of the firm’s civic duty as a member of society. We have also decided to share this paper with the public to contribute to the public discourse on Malaysia’s climate governance. You can download our Discussion Paper in the button below. As climate action is a whole-of-nation affair (this phrase is really getting old!), it is plain that ALL of us need to get better and better at thinking about climate action and climate governance  - not just lawyers and policymakers. Hence, we whole-heartedly encourage you to use the contents of our Discussion Paper in your own discussions and analysis of the RUUPIN. (See rights and permissions of use below.) Even though the present public consultation exercise under the Consultation Paper will come to an end after 18th November 2024, we expect the government will be having more public consultations in the near future on the RUUPIN as the Bill is developed further. All of us, everywhere, need to take climate leadership  by forming our own thoughts and articulating our own feedback on the RUUPIN, because we are stewards of the issues in our respective spheres of influence and responsibility. We also need to get used to discussing our interests and concerns externally and develop the ability to consider different perspectives.  Rights and permissions: The Discussion Paper on the RUUPIN Consultation Paper © 2024 by Kiu & Co. is licensed under CC BY-SA 4.0. To view a copy of this license, visit https://creativecommons.org/licenses/by-sa/4.0/ You are free to: Share  — copy and redistribute the material in any medium or format for any purpose, even commercially; and Adapt  — remix, transform, and build upon the material for any purpose, even commercially under the following terms: Attribution  — You must give  appropriate credit  , provide a link to the license, and  indicate if changes were made  . You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use; and ShareAlike  — If you remix, transform, or build upon the material, you must distribute your contributions under the  same license  as the original. IMPORTANT: The comments and information contained in the Discussion Paper do not, and are not intended to, constitute legal advice or any representation or opinion by our firm. We do not offer nor accept any liability in respect of the comments or information contained in the Discussion Paper. Should you wish to act or refrain from acting in reliance on any of the comments or information contained in the Discussion Paper, kindly contact us beforehand and/or contact your lawyer with respect to any particular legal matter. Unless we specifically state otherwise, we assume no obligation to update the Discussion Paper for any information that come to our attention subsequent to the date of the Discussion Paper. Click here to download the RUUPIN Consultation Paper: https://www.nres.gov.my/ms-my/pustakamedia/Penerbitan/NRES%20Consultation%20Paper%20Rang%20Undang%20Undang%20Perubahan%20Iklim%20(RUUPIN).pdf To contribute to the RUUPIN Consultation Process, submit your comments through email to rd.bpi@nres.gov.my and copy (cc) to MYFAProjectRUUPIN@deloitte.com before 18th November 2024.

To establish a rights-based approach for climate action, we need to amend our Federal Constitution. Malaysia’s Ministry of Natural Resources and Environmental Sustainability (NRES) has just launched the National Climate Change Policy 2.0 today! Following the first National Climate Change Policy from 2009, this document highlights important accelerators needed for Malaysia to build climate resilience. Most notably, the need to strengthen climate governance and institutional capacity for climate action. However, to solidify Malaysia’s climate commitments and empower the nation to take climate action – people in the public sector, private sector and civil society, we must establish a rights-based approach for the prioritisation of this agenda against our conventional paradigm for development which is presently entrenched in our laws, policies and culture. It is crystal clear that the pathway for doing so is to articulate the prioritisation of environmental rights in our “mother of all laws”, the Federal Constitution. We need to amend our Constitution to expressly recognise the right to a safe, clean, healthy, and sustainable environment. The Human Rights Commission of Malaysia (SUHAKAM’s) has recommended for this amendment in its newly published report on the haze pollution and the right to clean air. Currently, this right exists implicitly, interpreted by courts from Art. 5(1) of the Constitution (life and personal liberty). However, this ambiguity weakens its power. Explicit constitutional recognition would elevate its status, providing the legal foundation for prioritising environmental rights. With a clear constitutional mandate, the federal government, state governments and local governments would be duty-bound to prioritise policies and actions that uphold this fundamental right. Government ministries and agencies would be empowered to make decisions that prioritise the environment and the communities that depend on it. Where they neglect to do so, citizens empowered with this right would be able to hold them accountable for environmental degradation and demand action on issues like pollution and climate change. Legal challenges could be mounted against unsustainable decisions and practices, ensuring projects prioritise environmental and social well-being. In essence, the Constitution serves as the ultimate legal foundation, shaping our legal system and ensuring that all laws are consistent with its fundamental principles. There is presently a serious gap in it: it does not set out how we should act in relation to the environment. This gap can easily be fixed as Malaysia already has numerous legislation and policies that excellently articulate key principles of environmental stewardship. Hence, if Malaysia is to take a rights-based approach to taking climate action and strengthening resilience against the adverse impacts of climate change, it should amend the Federal Constitution to expressly recognise one’s right to a safe, clean, healthy and sustainable environment.   To download the National Climate Change Policy 2.0:

The Malaysian CSO-SDG Alliance ("Alliance") has launched its first Policy Brief, entitled " Malaysian CSO-SDG Alliance Policy Brief 2023: Accelerating the SDGs in Malaysia " — a contribution from independent civil society on how Malaysians can live together and thrive. The launch was held at Ilham Gallery on 13 th  December 2023. Among the guests invited were Encik Asfaazam Kasbani, Director of the National SDG Centre (Pusat SDG Negara) and Her Excellency, Ms. Karima El Korri, United Nations Resident Coordinator for Malaysia, Singapore and Brunei Darussalam. They gave speeches along with the Co-Chairs of the Alliance, Lavanya Rama Iyer and Kiu Jia Yaw. Watch the launch video (1:36) The Policy Brief presents a concise compilation of the most pressing concerns about achieving sustainable development in Malaysia from a grassroots perspective. It sets out the key issues, delves into some cross-cutting root causes, and presents a set of recommendations that can help accelerate the implementation of the SDGs in Malaysia. The main themes are governance, marginalised communities, data availability and accessibility, problems with the existing economic model, human rights and legislative issues, and education. To illustrate the fact that human context and qualitative aspects must not be overlooked in the analysis of aggregated data and average figures, several speakers were featured to demonstrate the different "lived realities" of fellow Malaysians. Nikri a/l Mohamad , a representative of a Jakun community from Air Hitam spoke about the land grabbing of ancestral lands (with translation assistance from Joseph Koh). Bathmavathi Krishnan , President of the Association of Women with Disabilities Malaysia, shared the difficulties faced by persons with disabilities. Patricia Low , a Malaysian mother with two children born overseas, spoke (and recited a poem) about our country's gender discriminatory laws in conferring citizenship. The Alliance Co-Chairs recounted the rigorous process through which the Policy Brief was prepared, and thanked the Alliance's partners and stakeholders for the valuable contribution and participation in it. The atmosphere at the event brimmed with gratitude, pride and solidarity. H.E. Karima, in her speech remarked that in her experience around the world, the civil society in Malaysia is the most vibrant she has seen. She appreciated the openness in working in partnership, which is the only real way to achieve the SDGs. H.E. Karima remarked that: "It's not a civil society that is in the shadows; it's a civil society that is partnering with the government." The Policy Brief was launched with a simple but effective unveiling ceremony, and concluded with a collective commitment to empower, augment and strengthen the voices and participation of all segments of society to contribute more significantly to the national sustainable development agenda. Download the Policy Brief from the website of the Malaysian CSO-SDG Alliance here .

I can’t believe it has been a year since my onboarding call with Jia Yaw. There I was, in complete awe that I have actually landed a job out of some luck and real persistence. I was also pretty nervous because this was my first job ever and I really wanted to make sure I prove myself worthy of the opportunity. One of the many opportunities: I’ve had the pleasure of serving as the Interim Coordinator to assist the Co-chairs of the Malaysian CSO-SDG Alliance, Lavanya and Jia Yaw. With Kiu & Co. being a non-stereotypical law firm (in fact, most of our work falls beyond the realms of strict legal work), there were so many new worlds to explore and experience. Jia Yaw told me that I need to view it as learning different dances: with different costumes, different moves, different music, different dance partners and so on. A large part of the learning curve was navigating these dances as I learn about the unique perspectives of working with the private sector, the government, and civil society. Especially when our work overlaps between these sectors, and sometimes all three simultaneously. At the first meeting of the Bar Council Working Group on Business & Human Rights and SDGs. Of course, this journey was not without a bit of stumbling and boohoos. Yet, these were necessary struggles to shape my thoughts and hone the skills required to be a “chameleon”. While I am still a long way from mastering this, I would say that I can at least properly wrap my head around these perspectives. It has truly been a privilege to be put in such a position of constant learning, one that I have not and will not take for granted. While I may be just a spring chicken, I was encouraged to speak up and take space. As I reflect on my first year here, I am filled with gratitude. I am grateful for the opportunity to be part of so much interesting and meaningful work, and to have met and worked with so many kind and passionate people. I would also like to give a special shoutout to Jia Yaw for being a mentor first, rather than my boss. Now, onwards and upwards! Glad to be part of “co.” in Kiu & Co.

The Malaysian CSO-SDG Alliance ("Alliance") organised a workshop on the agenda of going "Beyond GDP" on 6th July 2023. Entitled “Beyond GDP: Measuring Malaysia’s Progress beyond Ringgit and Sen”, this was our exploratory workshop to imaging how Malaysia should define and measure its progress, beyond focussing on gross domestic product as the main indicator. This workshop sprouted from the Alliance's input paper submitted to the Ministry of Economy earlier this year in connection with the government’s mid-term review of the 12th Malaysia Plan. This then elicited responses from the Department of Statistics of Malaysia ("DOSM") and PLANMalaysia (Town & Country Planning Dept, Min of Local Govt Development) who indicated that they have been working on developing progress and wellbeing indicators (ie. besides GDP). We then planned this workshop as an opportunity for civil society to describe the problems that arise from a focus on GDP, as well as to hear about existing efforts to develop alternative indicators for progress and development. At the workshop, we had participation from civil society organisations working across the themes of gender, indigenous peoples, environment, statelessness, poverty, access to education, etc. We secured some funding (through WWF Malaysia, yay!) to help representatives come in from Sabah and Sarawak and outside the Klang Valley. We also had leaders from universities, think tanks and more. For scene-setting and defining the lay of the land, we had: Dr. Richard Marshall, Senior Economist, Office of the United Nations Resident Coordinator, on the limitations of GDP, transformations taking place internationally Sharath Martin, Senior Policy Consultant, ACCA Asia Pacific, on accounting for society’s values Datuk Dr. Denison Jayasooria, Head of Secretariat, APPGM-SDG, on the social solidarity economy En. Wan Shahrulnizam, Senior Director, DOSM, Population and Demographic Statistics Division, on Malaysia’s alternative indicators of progress, efforts to go Beyond GDP Breaking up the participants into thematic groups, we captured valuable inputs on the nature of the problem (the causes and consequences of an often myopic focus on GDP) and what a better way of defining and measuring progress could look like. A huge THANK YOU to everyone who participated. There is a lot to wrap our heads around, and many more stakeholders to engage with - from the public, private and third sectors - as we take this forward. A broad but comprehensive study on how Malaysia should go Beyond GDP is needed. We will use what we learn from this workshop to shape our proposal to the Ministry of Economy on the scope of this study. Finally, special acknowledgement to the wonderful team at WWF Malaysia, led by Zara Phang, for carrying most of the weight of organising this workshop. Get in touch: If you or your organisation are interested in collaborating with us on this inquiry into improving how Malaysia defines and measures progress, please get in touch by emailing us - that is, the Malaysian CSO-SDG Alliance - at m.cso.sdg@gmail.com. About the Malaysian CSO-SDG Alliance: The Malaysian CSO-SDG Alliance is a network of civil society organisations committed to the achievement of the United Nations Sustainable Development Goals. It was formed in 2015, shortly after the United Nations 2030 Agenda for Sustainable Development was launched. The Alliance then went on to form the secretariat to the All- Party Parliamentary Group Malaysia on the SDGs (APPGM-SDG). Presently, the Alliance has more than 90 member organisations. Its co-chairs are Lavanya Rama Iyer and Kiu Jia Yaw.

Are you an amazing corporate lawyer who is ready to bring everything you have learned to the norm-bending edges? This could be the pivotal fork in your career where you begin your evolution from a corporate lawyer to a sustainable development lawyer. It may be the point where you connect again with the reasons you decided to practise law. This role will not only present opportunities for you to develop new skills, but sharpen your existing tools and mastery of your craft. All application instructions are set out in the hiring poster below. Applications close 6th June 2023. Kiu & Co. is a fast growing sustainable development law firm. It is a for-purpose organisation, doing interesting work, in an interesting way. We are aiming to be remarkable. We are searching for remarkable people to join us.

Datuk Seri Gopal Sri Ram, who passed away on 29 January 2023 Lawyers working on strengthening legal recognition for environmental rights within Malaysia’s legal system would invariably be familiar with Datuk Seri Gopal Sri Ram's decision in Tan Tek Seng v. Suruhanjaya Perkhidmatan Pendidikan [1996] 1 MLJ 261 where he famously stated that - "... the expression 'life' appearing in Article 5(1) [of the Constitution] does not refer to mere existence. It incorporates all those facets that are an integral part of life itself and those matters which go to form the quality of life. [...] It includes the right to live in a reasonably healthy and pollution free environment." Justice Sri Ram has left behind a profound body of work during his time at the Bench to bind, persuade and remind those who come after him that the provisions of fundamental liberties in the Federal Constitution must be generously interpreted, with a prismatic approach instead of a literalist one. Justice Sri Ram's legacy includes an important case that demonstrates the use of the tort of negligence for accountability for environmental harm. He was presiding over the Court of Appeal in Eng Thye Plantations Bhd. v. Lim Heng Hock [2001] 4 MLJ 26, a negligence case brought by a fish breeder against a palm oil plantation business located upstream. The latter released effluents into the river and caused the former’s fish to die. On the issue of causal proximity, the Court of Appeal held that “the defendant was clearly the plaintiff’s neighbour both in terms of physical proximity and consequence of action.” Justice Sri Ram held that - “... the law as to environmental protection is not in doubt. So far as it is dependent on common law, the relevant principles that deal with the protection of the environment are to be found in the law of nuisance and negligence.” “In my judgment people who use the environment in the ordinary course of their business owe a duty of care to other users of the same environment.” To recall Justice Sri Ram's contributions to the development of our constitutional law, I can do no better than refer to Prof. Datuk Dr. Shad Faruqi's tribute below, which I reproduce below with Prof. Shad's permission. Prof. Shad's tribute is also published in The Star, today.

This one-day public consultation was conducted at the Asian International Arbitration Centre, Kuala Lumpur As part of the Malaysia CSO-SDG Alliance, we participated in this workshop, organised by the Ministry of Law and Institutional Reform as part of their engagement with civil society organisations (CSOs) and non-governmental organisations (NGOs). Following the minister's previous public statements promising amendments of outdated laws, Datuk Seri Azalina Othman reiterated the importance of addressing current issues with up-to-date laws and policies. The one-day workshop covered a range of themes. In the Human Rights breakout cluster, the session was moderated by the Chairman of SUHAKAM, the Human Rights Commission of Malaysia, Professor Datuk Dr. Rahmat Mohamad. Edmund Bon and Firdaus Husni co-chaired the Integrity, Governance & Institution breakout cluster. It was our first in-person encounter with Prof. Datuk Rahmat. We were delighted to hear about his commitment to champion the recognition of environmental rights as part of our fundamental liberties. He was aligned with our proposal for a constitutional amendment of Article 5 to expressly include the right to a safe, clean, healthy and sustainable environment. Prof. Datuk Rahmat had, in conjunction with Human Rights Day last month, made a press statement calling for such an amendment. In the workshop, we highlighted the gaps in upholding environmental justice, which included access to justice, the lack of dedicated rules of civil procedure to facilitate environmental cases and more. We also brought up aspects relating to Business & Human Rights. The Ministry of Law and Institutional Reform has proposed several reforms for strengthening human rights, in particular, the reform of SUHAKAM and the constitutional amendment for gender equal citizenship rights. From a sustainable development lens, these reforms are aligned with Sustainable Development Goals 16 (Peace, Justice and Strong Institutions) and 5 (Gender Equality). (Note: Target 16.9 is to provide legal identity for all, including birth registration, by 2030.) We believe that it is imperative to end all forms of discrimination against women through adopting and strengthening policies and enforceable legislation to promote gender equality and to empower women. Simultaneously, there is a need to develop effective, accountable and transparent institutions. With SUHAKAM being the main institution for upholding human rights in Malaysia, it should be granted greater power to protect and promote human rights while also maintaining its independence from external pressures. It is therefore quite exciting to see these legal developments that can bring progress towards achieving the Sustainable Development Goals. We hope that this government engagement will be a sign of enhanced partnership between the public sector and the third sector, and that these efforts will strengthen Malaysia's legal landscape and institutional developments. Themes/tags: human rights, law reform, environmental justice, Sustainable Development Goals, SUHAKAM, Malaysian CSO-SDG Alliance

Being featured in The Edge When Nat Tan Zhai Yun, editor of ESG at The Edge, told me they'd like to feature me as a "mover and shaker of ESG in Malaysia", I almost spilled my coffee. It was an honour, but also something I immediately thought I shouldn't take too seriously. But when Jennifer Jacobs, seasoned writer tasked with interviewing me, sat down with me over coffee, we very quickly deep dived into broader themes, traversing philosophy, psychology, literature and anthropology. The conversation was so engrossing, we kind of forgot about the interview! I'm quite tickled that Jennifer described me as the playful introvert who could. (More on play below.) By the way, if you ask me, I think The Edge has been the real MVP for mainstreaming ESG in Malaysia. Nat has been absolutely prolific in this work. Innovation vs. Execution / Playing vs. Grinding This past year, you could categorise work at Kiu & Co. into two types: innovation work and execution work. The first is exploratory, creative and almost playful. The second is focussed, goal-orientated and disciplined. Being conscious of this difference is important as each requires a completely different frame of mind. And since our work is almost never done alone, it requires us to adopt the right tone when engaging and communicating with others. The process influences the outcome. When collaborating with partners on never-done-before endeavours - we mark out the boundaries within which we can explore possibilities we get as clear as we can with why we are doing the work we acknowledge that we have all not done it before, but are open minded to discover together we create a safe, fun environment within which to try, build, test and discover. In other words, to play When working together to execute something - we set out mutual expectations, roles and responsibilities we define our outputs, goals and timelines we stay committed, motive and help each other with our deliverables Almost all of the work we've carried out involve a combination of innovation and execution. In 2022, this included the SUHAKAM haze pollution campaign, collaborations between first-time partners (like the CEO Action Network and the Malaysian CSO-SDG Alliance) and the campaign for MPs to support the right to a safe and clean environment. I often think of our firm as simultaneously a sandbox and a workshop. We want to get even better at switching back and forth between the zones for playing and grinding in the coming year. Happy New Year!

I was one of the judges for this year's UN Global Compact Network Malaysia & Brunei Sustainability Performance Awards. The experience brought a few things to the fore that I thought I'd try to share with folks working in sustainable development. Themes/tags: cognitive dissonance, mental wellbeing, psychology, breadth of sustainability work, headspace, carrying oneself Background It's a huge honour to be tasked with the assessment of the nominations of the top corporate players in Malaysia's sustainability scene. It was also great to meet my fellow judges: Kausalya Gopal - SME Corp Che Kodir Baharum - EPU, PM's Dept. Prof Avvari Mohan - Monash University Rizatuddin Ramli - United Nations I represented the Malaysian CSO-SDG Alliance. The ESG agenda is increasingly becoming mainstream thanks to the efforts of the good folks in UNGC MYB, BCSD, CGM, CAN and KLSCCCI. These have all been wonderful partners to work with. The breadth of sustainable development work Now, if this work is on one end of the spectrum, there is the other end, where business externalities hurt people and the planet. My work over there includes improving access to justice, and business & human rights. Working across both ends as a sustainable development lawyer, it does take some effort to simultaneously ’hold’ these different perspectives. Recognising the dissonance I think this has to do with cognitive dissonance, as the exposure to the two opposite worlds can be quite fragmenting. > “Don’t be so cynical.” When working with corporate sustainability practitioners, people would describe ESG award winners as "inspiring". But inspired isn't a feeling I generally experience when I go about assessing nominations for corporate sustainability performance, under the present paradigm. (I am not speaking only of these UNGC awards; and I should unpack this properly, separately). At any rate, I am fully aware that when I am at an awards ceremony, my role is to encourage and cheer corporate leaders and their facilitators/enablers forward. > “Don’t be a corporate apologist.” When working with activists, it’s often not enough to nudge corporations to be more responsible moving forward. There is accountability for what they have actually done or contributed to, whether through the criminal justice system or civil litigation to uphold the rights that have been infringed; there is a need for heads to roll when people have proven to be bad stewards/decision-makers in business organisations whose impacts go far and wide. The dissonance pulls at the seams when, at the voluntary end of the spectrum, we celebrate those who have taken the biggest/boldest steps towards embracing ESG, while being cognisant of, for instance, the frustratingly slow progress at COP27 or the dearth of imagination or ambition to reframe the role and responsibilities of business, with a sense of urgency appropriate to the harms that are happening. Why this was so humbling But, I believe this is what a landscape in transition looks like. The useful question to ask is: How can we accelerate this transition? More specifically, bearing in mind that everyone, every organisation, irrespective of their relative position in the entire spectrum, is a node in the complex and diverse landscape, how can we support and facilitate all change journeys? It’s therefore deeply humbling to be a judge in this kind of awards. Because you are aware that the two opposite ends of the spectrum are JUST AS REAL. The veracity of the reality at the voluntary end (where we encourage and support businesses to embrace ESG) is NOT diminished by the legitimacy of the reality at the other end (where we pursue accountability and justice). The bandwidth needed to hold these seemingly contradictory realities AND remain focussed on being of service, being useful and constructive (for accelerating this transition) is very humbling. I wonder if I’ve made sense?