Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Tripartite consultations required by the Convention. The Government indicates that it has undertaken consultations with stakeholders with a view to ratifying the Occupational Safety and Health Convention, 1981 (No. 155). The first consultation with stakeholders was held in September 2012 and was followed by further studies in October 2012 with ILO technical assistance. In reply to the previous comments, the Government states that the replies to questionnaires concerning items on the agenda of the International Labour Conference and reports to be made on the application of ratified Conventions have been communicated to the social partners for their comments. It adds that the social partners may send further comments either to the Government or directly to the ILO. The Committee invites the Government to provide information on the content and outcome of the tripartite consultations held on each of the matters regarding international labour standards listed in Article 5(1) of the Convention.

Article 5(1)(b). Tripartite consultations when submitting the instruments adopted by the Conference to the Parliament of Malaysia. The Government indicates that specific consultations pertaining to the Work in Fishing Convention, 2007 (No. 188), adopted at the 96th Session of the Conference, will be arranged as required by Convention No. 144. In its 2012 direct request on the obligation to submit the instruments adopted by the Conference to the competent authorities, the Committee noted the Government’s intention to submit to Parliament the instruments adopted by the Conference at its 95th, 96th, 99th, 100th and 101st Sessions. The Committee invites the Government to include the results of the tripartite consultations that took place in connection with the submission of the abovementioned instruments.

Article 5(1)(c) and (e). Re-examination of the ratification of unratified Conventions and denunciation of outdated Conventions. The Committee previously noted that the Government intends to have further consultations with the social partners and other stakeholders on the prospects of ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and the denunciation of the indigenous workers’ instruments. The Committee recalls 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 indicates that once decisions have been reached and mechanisms put in place on other policy issues such as the minimum wage and retirement age, consultations with the social partners and other stakeholders concerning the abovementioned instruments can be convened. The Committee invites the Government to continue to report on any developments concerning the prospects of ratification of Convention No. 169 and the denunciation of Conventions Nos 50, 60, 65 and 86.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.