Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Forced Labour Convention, 1930 (No. 29) - Malaysia (Ratification: 1957)
Protocol of 2014 to the Forced Labour Convention, 1930 - Malaysia (Ratification: 2022)

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to ensure that officers have the possibility to leave the service at their own request, before attaining the age of retirement, even when they are not yet entitled to retirement benefits. The Government indicates in its report that regulation 20(2) of the Regular Forces (Pensions, Gratuities and Other Benefits) Regulations 1982, provides for an optional retirement of officers before the age of retirement, and regulations 46 and 51(1) of the Army and Air Force (Terms of service) Regulations 1961, provide for the right of officers and soldiers to purchase a discharge, subject to rules and regulations of the Armed Forces Council. The Committee requests the Government to supply, with its next report, copies of the rules and regulations of the Armed Forces Council concerning the right of officers and soldiers to purchase a discharge, to which reference is made in regulation 51(1) referred to above. Please also provide copies of the provisions governing the resignation from the armed forces contained in the Regular Forces (Pensions, Gratuities and Other Benefits) Regulations, 1982, the Army and Air Force (Terms of service) Regulations 1961, and the Queen’s Regulation for the Royal Navy (QRRN), referred to in the Government’s report.

Article 2(2)(c). Work of prisoners for private companies. The Committee previously noted the Government’s indication in its report that participation in joint venture schemes with private companies is voluntary for prisoners, who sign a form of consent. It also noted an application form to be signed by a prisoner, in which a prisoner voluntarily applies for a job within the framework of the detention centre’s workshop.

The Committee notes the Government’s indication in its latest report that under section 48 of the Prison Act 1995, the minister may introduce a scheme for employment of prisoners outside prison premises, and that the Malaysia Prisons Department operates two kinds of joint ventures with private companies, one of them being in the form of workshop within the prison and the other using prison labour by the private company outside prison premises. In both cases prisoners are paid normal wages as agreed upon by the prison administration and the private company. The Government further indicates that, as regards the work of prisoners for private companies, standard conditions of work are applied: prisoners shall be paid normal wages as paid to free workers performing the same kind of work; they shall work eight hours a day and be given weekly rest and public holidays; they shall be provided with injury benefit insurance. The Government also states that prisoners working for private companies undergo periodical medical check-ups, private companies are required to provide healthy working conditions, and labour inspectors visit worksites outside prison premises, whereas prison workshops are inspected by the officers of the Prisons Department. The Government also confirms that prisoners may only be employed by private companies with their voluntarily given consent authenticated by their signatures on an application form. As regards the Committee’s concern expressed in its previous comments in connection with a workers’ declaration included in the abovementioned application form, according to which a prisoner will not make any accident-related claims while undertaking the job, the Government indicates that this practice belongs to the past and, at present, all prisoners working in prison workshops and with private companies are provided with insurance benefits.

While noting these indications with interest, the Committee requests the Government to provide, with its next report, a copy of Part V of the Prison Act, 1995, which governs employment of prisoners, as well as copies of the provisions governing the work of prisoners for private companies both inside and outside prison premises, and sample copies of the agreements concluded between the Prisons Department and private companies using prison labour.

Articles 1(1), 2(1) and 25. Trafficking in persons for the purpose of exploitation. Referring to its general observation under the Convention made in 2000, the Committee requests the Government to provide, in its next report, information on measures taken or contemplated to prevent, suppress and punish trafficking in persons for the purpose of exploitation, supplying, in particular, information on any penal proceedings which might have been instituted against those responsible for trafficking and on the penalties imposed.