Malaysia doesn't give two hoots about ILO
G RajasekaranPublished: May 12, 2009 7:25 AM | Updated: May 12, 2009 7:27 AM
It is now 61 years since the International Labour Conference adopted Convention No 87 on freedom of Association and Protection of the right to organise.
And it is 10 years since Malaysia together with rest of the ILO member countries unanimously endorsed the ILO Declaration on Fundamental Principles and Rights at Work which includes freedom of association and effective recognition of the right to collective bargaining.
Unfortunately, our Trade Union Act which regulates the birth and growth of trade unions severely restrict freedom of association in Malaysia.
As a result, only about 800,000 workers in the country are unionised. This constitutes less than 10 percent of the total working population (11.2 million people).
Malaysian Trades Union Congress (MTUC) believes that the Malaysian government's policy to limit the growth of trade unions in the country is a deliberate attempt to deny workers the right to join a union and obstruct collective bargaining.
The law and practice on the right to collective bargaining is in breach of the ILO Declaration on Fundamental Principles and Rights at work.
Trade unions in the country have always been suspicious of government's motive for flooding the country with millions of foreign workers in the last 15 years.
Although the government says that foreign workers are needed to fulfill labour needs, MTUC has repeatedly assert that the government's action is deliberately aimed at helping major corporations to suppress wages and curb trade unions' pressure for decent work conditions.
Despite MTUC's repeated protests, the Home Affairs Ministry continues to impose a ban on migrant workers right to join any association whilst working in the country.
Although the Human Resources Ministry asserted that under Malaysian Law, migrant workers can join a union, they have done nothing to remove the contradicting condition on their work permits.
More than 300,000 migrant domestic workers are not covered under the scope of Employment Act and the government rejected their application to establish an association. Responding to MTUC's complaint, the ILO committee on Freedom of Association concluded that:
"The committee considers that the arguments put forward by the Malaysian government to explain the Malaysian Registrar of Society's refusal to register the association of migrant domestic workers can in no way justify the denial of the fundamental right to organise these workers.
"The committee therefore expects that the Malaysian government will take the necessary measures, including legislative if necessary, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively enjoy the right to establish and join organisations of their own choosing.
"It further requests the government to take the necessary steps to ensure the immediate registration of the association of migrant domestic workers so that they may fully exercise their freedom of association rights. It requests the Malaysian government to keep it informed of the progress made in this regard."
Unfortunately, so far our government has not taken any action to comply with ILO's recommendation.
The writer is MTUC's secretary-general.
And it is 10 years since Malaysia together with rest of the ILO member countries unanimously endorsed the ILO Declaration on Fundamental Principles and Rights at Work which includes freedom of association and effective recognition of the right to collective bargaining.
Unfortunately, our Trade Union Act which regulates the birth and growth of trade unions severely restrict freedom of association in Malaysia.
As a result, only about 800,000 workers in the country are unionised. This constitutes less than 10 percent of the total working population (11.2 million people).
Malaysian Trades Union Congress (MTUC) believes that the Malaysian government's policy to limit the growth of trade unions in the country is a deliberate attempt to deny workers the right to join a union and obstruct collective bargaining.
The law and practice on the right to collective bargaining is in breach of the ILO Declaration on Fundamental Principles and Rights at work.
Trade unions in the country have always been suspicious of government's motive for flooding the country with millions of foreign workers in the last 15 years.
Although the government says that foreign workers are needed to fulfill labour needs, MTUC has repeatedly assert that the government's action is deliberately aimed at helping major corporations to suppress wages and curb trade unions' pressure for decent work conditions.
Despite MTUC's repeated protests, the Home Affairs Ministry continues to impose a ban on migrant workers right to join any association whilst working in the country.
Although the Human Resources Ministry asserted that under Malaysian Law, migrant workers can join a union, they have done nothing to remove the contradicting condition on their work permits.
More than 300,000 migrant domestic workers are not covered under the scope of Employment Act and the government rejected their application to establish an association. Responding to MTUC's complaint, the ILO committee on Freedom of Association concluded that:
"The committee considers that the arguments put forward by the Malaysian government to explain the Malaysian Registrar of Society's refusal to register the association of migrant domestic workers can in no way justify the denial of the fundamental right to organise these workers.
"The committee therefore expects that the Malaysian government will take the necessary measures, including legislative if necessary, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively enjoy the right to establish and join organisations of their own choosing.
"It further requests the government to take the necessary steps to ensure the immediate registration of the association of migrant domestic workers so that they may fully exercise their freedom of association rights. It requests the Malaysian government to keep it informed of the progress made in this regard."
Unfortunately, so far our government has not taken any action to comply with ILO's recommendation.
The writer is MTUC's secretary-general.
View Comments0