Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Malaysia (Ratification: 2002)

Tripartite consultations required by the Convention. The Committee notes the information contained in the Government’s report received in February 2009, which includes elements of a response to the Committee’s previous comments. The Government indicates that, for the purposes of receiving nominations of representatives to the National Labour Advisory Council (NLAC), the secretariat transmits a request to the respective organization to nominate their permanent and alternate members to participate in the NLAC. Each organization is free to choose its representatives without any interference from the Government. The Government also indicates that, in acting as the secretariat of the NLAC, it will send advance notices to the workers’ and employers’ organizations inviting them to suggest issues to be discussed at every meeting. The Government also indicates that, while it does not produce annual reports on the consultations that have taken place in the NLAC, minutes of each NLAC meeting are circulated to the members for information, reference and further action (Article 6 of the Convention). The Committee trusts that the Government will continue to ensure the participation of representative organizations enjoying the right of freedom of association (Articles 1 and 3) in the consultation procedures required under the Convention. The Committee also requests the Government to provide specific information in its next report which will enable it to assess the effect given to the Convention, which the 2008 ILO Social Justice Declaration has highlighted as most significant from the viewpoint of governance.

Matters covered by the Convention. Article 5, paragraph 1. The Committee notes that the Government considers that the issues discussed during the NLAC meetings either directly or indirectly relate to the ILO Conventions and Recommendations. The Committee recalls that certain of the matters covered by the Convention (replies to questionnaires, submissions to Parliament, report to the ILO) imply an annual consultation, while others (re-examination of unratified Conventions and Recommendations, proposals for the denunciation of ratified Conventions) involve less frequent examination. Accordingly, the Committee requests the Government to provide information on the consultations held on each of the following matters set out in Article 5(1) specifying their purpose and frequency, and the nature of any reports or recommendations resulting from these consultations:

(a)   Items on the agenda of the Conference. Under the terms of this provision, the Government is bound to consult the representative organizations of employers and workers before finalizing the text of its replies to ILO questionnaires.

(b)   Submission to Parliament of the instruments adopted by the Conference. The Committee asked the Government to indicate whether the instruments adopted at the 95th and 96th Sessions of the Conference have been submitted to the Parliament of Malaysia. The Committee also recalls that, in this respect, the Convention goes beyond the obligation set out in article 19 of the ILO Constitution by calling upon the Government to consult the representative organizations before finalizing the proposals to be made to Parliament in relation to the obligation to submit the instruments adopted by the Conference.

(c)   Re-examination of unratified Conventions and Recommendations. Tripartite consultations on this subject are intended to promote the implementation of international labour standards by enabling the Government to envisage, in the light of changes in national law and practice, measures which could be taken with a view to facilitating the ratification of a Convention or the application of a Recommendation to which it was not possible to give effect at the time of their submission. In this respect, the Committee recalls that 14 international labour Conventions are in force for Malaysia and that three fundamental and two governance Conventions were not yet ratified. The Committee hopes that the next report will contain indications about the effective tripartite consultations held to re-examine the ratification of the following fundamental and governance Conventions (Conventions Nos 87, 105, 111, 122 and 129).

(d)   Reports on ratified Conventions. This provision goes beyond the obligation set out in article 23, paragraph 2, of the ILO Constitution to communicate reports; it consists of undertaking consultations on the problems which may arise in the reports due under article 22 of the ILO Constitution on the application of ratified Conventions; in general, these consultations concern the contents of replies to the comments of the supervisory bodies.

(e)   Proposals for the denunciation of ratified Conventions. Under the terms of this provision, the Government is bound to consult the representative organizations whenever it envisages denouncing a ratified Convention. In this regard, the Committee notes that Conventions Nos 50, 60 and 65 are in force for Malaysia, and Convention No. 86 is in force for Sabah and Sarawak. The Government might consider the possibility of consulting the social partners and other stakeholders on the prospects for ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and, as a corollary, denouncing the indigenous workers instruments.