Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
Human Resources Minister Dr Fong Chan Onn said the government has already explained
its stand on the matter to the Malaysian Trades Union Congress (MTUC) and that
discussions are going on.
<p>"This does not mean we have to oblige the International Labour Organisation
(ILO) by adopting all its recommendations. We don’t have to obey them all the
time (but) we’ve been good a member," he told reporters after the weekly
post-cabinet briefing at the ministry in Putrajaya.</p>
<p>"We have conveyed our reasons to the MTUC. Furthermore, I think we have
a fairly harmonious industrial relations."</p>
<p>He was asked to comment on the ILO’s repeated criticism of the government for
failure to adopt recommendations on freedom of association, following complaints
from the MTUC over the last 15 years.</p>
<p>Besides reiterating its previous replies, the government has also refused ILO’s
offer of technical assistance to bring labour laws in line with international
standards.</p>
<p>Malaysia has not ratified the convention on Freedom of Association and Protection
of the Right to Organise 1948.</p>
<p>On this, Fong said the government has ratified many ILO conventions but some
were unsuitable due to certain peculiarities.</p>
<p>"There are some (conventions) that are not suitable within the Malaysian
context…for example, our peculiarity is the fact that the Trade Unions Act
1959 cannot be pan-Malaysian due to the federation agreement with Sabah and
Sarawak," he explained.</p>
<p>"Remember that the freedom of association convention has also not been
ratified by many other countries based on their own peculiarities."</p>
<p><b>’Necessary clout'</b></p>
<p>The minister was also asked on the proposed amendments to the Act which the
labour movement fears will place greater government control over trade unions.</p>
<p>Refuting the claim, Fong said the government wants to avoid the recurrence
of a situation similar to the leadership crisis in the National Union of Bank
Employees (NUBE).</p>
<p>Referring to the four-year crisis, he said it now seemed necessary to propose
for more powers to be granted to the Director-General of Trade Unions (DGTU).</p>
<p>"We’re not trying to control trade unions. We only want the DGTU to be
given the necessary clout, for example, to conduct fresh elections.</p>
<p>"The proposed amendments are to curb chaotic situations. Anarchic situations
should not be allowed to prolong. Anyway, our discussions with the MTUC are
still going on. Nothing is final yet."</p>
<p>He justified the proposal by citing the High Court decision in the NUBE case
which ruled that the DGTU does not have powers to call for fresh elections in
ending the impasse.</p>
<p>He firmly denied that the proposed amendments were based on problems that had
arisen out of the NUBE crisis, but said it was "a good example" of
the situation.</p>
<p>On April 5, Fong’s deputy Abdul Rahman Bakar was quoted in Berita Harian as
saying that the changes to the Act would promote the growth of more effective
trade unions.</p>
<p>At a meeting on Monday with MTUC president Syed Shahir Syed Mohamud, Fong had
said another meeting would be called between the feuding NUBE factions before
the upcoming appeal hearing.</p>
<p>"We have told both groups about the meeting on Friday together with the
MTUC leadership, but I’m not sure whether or not both sides will be present,"
he said today.</p>
<p>Despite several attempts by his ministry, efforts to bring both parties together
have been futile. However, there is consensus on holding fresh polls to determine
a new and legitimate leadership.</p>
<p>In early January, Syed Shahir, upon taking over MTUC, had placed the resolution
of the NUBE crisis as his top priority.
Address: Wisma MTUC,10-5, Jalan USJ 9/5T, 47620 Subang Jaya,Selangor | Tel: 03-80242953 | Fax: 03-80243225 | Email: sgmtuc@gmail.com.com