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

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Articles 2 and 5(1)(a)–(e). Effective tripartite consultations. Impact of the COVID-19 pandemic. In its previous comments, the Committee requested the Government to provide information on tripartite consultations held on matters relating to international labour standards set out in Article 5(1) of the Convention. The Committee further invited the Government to provide information on the outcome of consultations held with the social partners concerning the possibility of ratification of Conventions Nos 155 and 169. The Government was also invited to provide information on measures taken, in light of the COVID-19 pandemic to guarantee and reinforce the continuation of tripartite consultation and social dialogue. The Government indicates that the physical meetings and engagements of the tripartite National Labour Advisory Council (NLAC) were not permitted, due to the safety measures to curtail the spread of the COVID-19 pandemic. It nevertheless, engaged with employers and workers on a continuous basis through online platforms to discuss labour-related issues. With regard to the possibility of ratification of Convention No. 155, the Committee notes that the Government is in the process of amending the national legislation to bring it into compliance with the requirements on the Convention. Tripartite consultations have been held in the National OSH Council on the amendment process. The Government indicates that the possibility of ratifying Convention No. 169 is currently in the process of inter-ministerial consultations and the outcome has yet to be determined. The Committee requests the Government to provide updated detailed information on the content, frequency and outcome of the tripartite consultations held during the reporting period on all matters concerning international labour standards covered by Article 5 of the Convention. The Government is also requested to keep the office informed of the outcome of consultations held on the possible ratification of Conventions Nos 155 and 169.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 5(1)(a)–(e). Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide information on the content and outcome of tripartite consultations held on each of the matters regarding international labour standards listed in Article 5(1) of the Convention. The Government reports that tripartite consultations have been undertaken through several platforms. It indicates that the tripartite National Labour Advisory Council (NLAC) consults representatives of employers’ and workers’ organizations with regard to international labour standards. The NLAC is chaired by the Minister of Human Resources. The Government further reports that, since the formation of the new government, the NLAC has met four times to discuss a wide breadth of labour issues. The Committee notes the Government’s indication that the National Occupational Safety and Health Policy was launched in February 2019, following consultations with tripartite partners and industry actors. The Government reports that the outcome of the consultations is reflected in the Policy, adding that it is planning to continue to work with the ILO and the social partners to finalize the process of consideration of ratification of the Occupational Safety and Health Convention, 1981 (No. 155). In respect of its submission obligations, the Government reports that tripartite discussions have been undertaken through the NLAC with a view to submitting the relevant instruments adopted by the International Labour Conference to Parliament in July 2019 (Article 5(1)(b)). In relation to the re-examination of unratified Conventions and the possible denunciation of outdated Conventions, the Government indicates that after holding preliminary discussions with the Government agencies concerned, it will undertake consultations with the social partners in due course concerning the possible ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee notes from the supplementary information provided by the Government that, due to the COVID-19 pandemic and the focus on the response and recovery phase of the pandemic, tripartite consultations on Conventions Nos. 155 and 169 have not yet been held with the social partners. The Government indicates that it will continue to provide information to the Committee on progress made in this regard. The Committee invites the Government to continue to provide updated detailed information on tripartite consultations held on matters relating to international labour standards set out in Article 5(1) of the Convention. In particular, the Committee hopes that the Government will be in a position to provide information in its next report on the outcome of consultations held with the social partners concerning the possibility of ratification of Conventions Nos. 155 and 169.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Articles 2 and 5(1)(a)–(e). Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide information on the content and outcome of tripartite consultations held on each of the matters regarding international labour standards listed in Article 5(1) of the Convention. The Government reports that tripartite consultations have been undertaken through several platforms. It indicates that the tripartite National Labour Advisory Council (NLAC) consults representatives of employers’ and workers’ organizations with regard to international labour standards. The NLAC is chaired by the Minister of Human Resources. The Government further reports that, since the formation of the new government, the NLAC has met four times to discuss a wide breadth of labour issues. The Committee notes the Government’s indication that the National Occupational Safety and Health Policy was launched in February 2019, following consultations with tripartite partners and industry actors. The Government reports that the outcome of the consultations is reflected in the Policy, adding that it is working with the ILO and the social partners to finalize the process of consideration of ratification of the Occupational Safety and Health Convention, 1981 (No. 155). In respect of its submission obligations, the Government reports that tripartite discussions have been undertaken through the NLAC with a view to submitting the relevant instruments adopted by the International Labour Conference to Parliament in July 2019 (Article 5(1)(b)). In relation to the re-examination of unratified Conventions and the possible denunciation of outdated Conventions, the Government indicates that it is holding preliminary discussions with the Government agencies concerned and will undertake consultations with the social partners in due course concerning the possible ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee requests the Government to continue to provide updated information on the content and outcome of tripartite consultations held on each of the matters regarding international labour standards listed in Article 5(1) of the Convention. In particular, the Committee requests the Government to provide information on the outcome of consultations concerning the prospects of ratification of Conventions Nos 155 and 169.

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

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.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

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.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

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.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in December 2012 which includes information in reply to its 2010 direct request. 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.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in December 2012 which includes information in reply to its 2010 direct request. 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 in its next report 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 in its next report 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.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2010 in reply to its previous direct request. The Government states that consultation is a priority for Malaysia as a means to formulate policies and strategies on human resources development and labour administration. It further indicates that the Malaysian Employers Federation (MEF) and Malaysian Trades Union Congress (MTUC) are frequently consulted during the amendment of labour laws. It also indicates that consultations with the MEF and the MTUC are held on an as-needed basis to ensure that opinions of social partners are taken into consideration with regard to items on the agenda of the Conference, submission to Parliament of the instruments adopted by the Conference, re-examination of unratified Conventions and Recommendations, reports on ratified Conventions and proposals for the denunciation of ratified Conventions. The Committee invites the Government to provide in its next report more specific information on the results and outcomes of the tripartite consultations held on the matters regarding international labour standards at least once a year as requested by Articles 2 and 5 of the Convention. The Committee requests the Government to include information on consultations held on replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)) and on consultations held on the problems which may arise in the reports to be made on the application of ratified Conventions (Article 5(1)(d)).

Article 5(1)(b). Tripartite consultations when submitting the instruments adopted by the Conference to the Parliament of Malaysia. The Committee notes that the Government is in the process of referring the instruments adopted at the 95th and 96th Sessions of the Conference to the Cabinet for its consideration and approval. The Committee refers to its request on the obligation to submit the instruments adopted by the Conference (article 19, paragraphs 5 and 6, of the ILO Constitution) and invites the Government to report on the results of the tripartite consultations that took place on the instruments adopted by the Conference at its 95th and 96th Sessions.

Article 5(1)(c) and (e). Re-examination of the ratification of unratified Conventions and denunciation of outdated Conventions. The Committee notes that the Government intends to have further consultations with social partners and other stakeholders on the prospects for ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing 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. It therefore invites the Government to report on any developments that might occur in this regard.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Tripartite consultations required by the Convention. The Committee notes the Government’s report received in October 2010 in reply to its previous direct request. The Government states that consultation is a priority for Malaysia as a means to formulate policies and strategies on human resources development and labour administration. It further indicates that the Malaysian Employers Federation (MEF) and Malaysian Trades Union Congress (MTUC) are frequently consulted during the amendment of labour laws. It also indicates that consultations with the MEF and the MTUC are held on an as-needed basis to ensure that opinions of social partners are taken into consideration with regard to items on the agenda of the Conference, submission to Parliament of the instruments adopted by the Conference, re-examination of unratified Conventions and Recommendations, reports on ratified Conventions and proposals for the denunciation of ratified Conventions. The Committee invites the Government to provide in its next report more specific information on the results and outcomes of the tripartite consultations held on the matters regarding international labour standards at least once a year as requested by Articles 2 and 5 of the Convention. The Committee requests the Government to include information on consultations held on replies to questionnaires concerning items on the agenda of the International Labour Conference (Article 5(1)(a)) and on consultations held on the problems which may arise in the reports to be made on the application of ratified Conventions (Article 5(1)(d)).

Article 5(1)(b). Tripartite consultations when submitting the instruments adopted by the Conference to the Parliament of Malaysia. The Committee notes that the Government is in the process of referring the instruments adopted at the 95th and 96th Sessions of the Conference to the Cabinet for its consideration and approval. The Committee refers to its request on the obligation to submit the instruments adopted by the Conference (article 19, paragraphs 5 and 6, of the ILO Constitution) and invites the Government to report on the results of the tripartite consultations that took place on the instruments adopted by the Conference at its 95th and 96th Sessions.

Article 5(1)(c) and (e). Re-examination of the ratification of unratified Conventions and denunciation of outdated Conventions. The Committee notes that the Government intends to have further consultations with social partners and other stakeholders on the prospects for ratifying the Indigenous and Tribal Peoples Convention, 1989 (No. 169), and denouncing 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. It therefore invites the Government to report on any developments that might occur in this regard.

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

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.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its 2007 direct request, which read as follows:

1. Articles 1 and 3, paragraph 1, of the Convention. Participation of representative organizations enjoying the right of freedom of association. The Committee notes the information provided in the Government’s report in October 2006. The Government indicates that the Malaysian Employers Federation (MEF) and the Malayan Agricultural Producers’ Association (MAPA), as employer representatives, and the Malaysian Trade Union Congress (MTUC) and the Congress of Employees in the Public and Civil Service (CUEPACS), as worker representatives, participate in the activities of the National Labour Advisory Council (NLAC). The Government adds that the representatives of employers and workers are freely chosen by their representative organizations. The Committee would appreciate receiving further details on the manner in which the representative organizations enjoy the right of freedom of association, as required for participation in tripartite consultations under the terms of the Convention.

2. Article 2. Consultation procedures. The Committee notes that the NLAC is a body in which the members can provide advice and recommendations to the Minister on labour issues. There is no limit to the issues that can be discussed at its meetings. The Committee invites the Government to specify in its next report the manner in which the NLAC is involved in the consultations required by the Convention. In this respect, the Committee recalls that consultation procedures must be effective, that is they must provide employers’ and workers’ organizations with an opportunity to express their views usefully on all the matters covered by the Convention.

3. Article 4, paragraph 2. Training of participants. The Committee notes that the Labour Policy Division under the Ministry of Human Resources is responsible for the NLAC secretariat. It asks the Government to describe in its next report arrangements made for the financing of any necessary training of participants in the consultative procedures.

4. Article 5, paragraph 1. Tripartite consultations required by the Convention. The Government indicates in its report that two meetings were held in 2005. The issues discussed during the meetings related to current labour issues, such as training, safety and health, social security, labour dispute settlement, general economic and social policy, reform of labour legislation, productivity enhancement, etc. The Committee notes that these activities do not directly relate to the tripartite consultations on international labour standards covered by the Convention. It therefore asks the Government to provide particulars of the consultations held on each of the matters referred to below, including information on the nature of any reports or recommendations made as a result of such consultations. The Committee recalls that certain of the matters covered (replies to questionnaires, submissions to parliament, report to be made 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.

(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. On this matter, 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 of 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.

(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.

5. Report on the working of the consultation procedures. The Government states that there is no annual report on the working of the consultation procedures. The Committee recalls that, in accordance with Article 6, if no annual reports are issued, the Government is invited to provide particulars of the consultations that have taken place with the representative organizations on the working of the procedures provided for in the Convention. It therefore asks the Government to provide particulars in its next report on the consultations that have taken place on this issue and their outcome.

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

1. Articles 1 and 3, paragraph 1, of the Convention. Participation of representative organizations enjoying the right of freedom of association. The Committee notes the information provided in the Government’s report in October 2006. The Government indicates that the Malaysian Employers Federation (MEF) and the Malayan Agricultural Producers’ Association (MAPA), as employer representatives, and the Malaysian Trade Union Congress (MTUC) and the Congress of Employees in the Public and Civil Service (CUEPACS), as worker representatives, participate in the activities of the National Labour Advisory Council (NLAC). The Government adds that the representatives of employers and workers are freely chosen by their representative organizations. The Committee would appreciate receiving further details on the manner in which the representative organizations enjoy the right of freedom of association, as required for participation in tripartite consultations under the terms of the Convention.

2. Article 2. Consultation procedures. The Committee notes that the NLAC is a body in which the members can provide advice and recommendations to the Minister on labour issues. There is no limit to the issues that can be discussed at its meetings. The Committee invites the Government to specify in its next report the manner in which the NLAC is involved in the consultations required by the Convention. In this respect, the Committee recalls that consultation procedures must be effective, that is they must provide employers’ and workers’ organizations with an opportunity to express their views usefully on all the matters covered by the Convention.

3. Article 4, paragraph 2. Training of participants. The Committee notes that the Labour Policy Division under the Ministry of Human Resources is responsible for the NLAC secretariat. It asks the Government to describe in its next report arrangements made for the financing of any necessary training of participants in the consultative procedures.

4. Article 5, paragraph 1. Tripartite consultations required by the Convention. The Government indicates in its report that two meetings were held in 2005. The issues discussed during the meetings related to current labour issues, such as training, safety and health, social security, labour dispute settlement, general economic and social policy, reform of labour legislation, productivity enhancement, etc. The Committee notes that these activities do not directly relate to the tripartite consultations on international labour standards covered by the Convention. It therefore asks the Government to provide particulars of the consultations held on each of the matters referred to below, including information on the nature of any reports or recommendations made as a result of such consultations. The Committee recalls that certain of the matters covered (replies to questionnaires, submissions to parliament, report to be made 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.

(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. On this matter, 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 of 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.

(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.

5. Report on the working of the consultation procedures. The Government states that there is no annual report on the working of the consultation procedures. The Committee recalls that, in accordance with Article 6, if no annual reports are issued, the Government is invited to provide particulars of the consultations that have taken place with the representative organizations on the working of the procedures provided for in the Convention. It therefore asks the Government to provide particulars in its next report on the consultations that have taken place on this issue and their outcome.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee notes the information contained in the report received in August 2004 indicating that Malaysia has set up a tripartite consultative committee known as the National Labour Advisory Council (NLAC). Representatives on the NLAC include the Malaysian Employers’ Federation (MEF) and the Malayan Agricultural Producers’ Association (MAPA) as employer representatives; the Malaysian Trade Union Congress (MTUC) and the Congress of Employees in the Public and Civil Service (CUEPACS) as worker representatives; and various governmental ministries dealing with labour matters. The NLAC provides a mechanism for the Government to obtain advice through discussion on matters pertaining to industrial relations, labour, trade unions, terms and conditions of work and many other labour-related issues. The Government also indicates that it consults employers’ and workers’ organizations by means of written communications in the fulfilment of its obligations under the ILO Constitution and in compliance with Convention No. 144.

2. The Committee recalls the importance of first reports in enabling it to undertake its examination of the application of ratified Conventions. It therefore requests the Government to make a special effort when preparing its next report and to provide, in respect of Articles 4, 5 and 6 of the Convention, all the information required by the report form. It would therefore appreciate receiving details on the manner in which the representative organizations are assured the right of freedom of association (Articles 1 and 3, paragraph 1, of the Convention) and particulars of the consultations held by the NLAC on the matters set out in Article 5, paragraph 1, including the nature of the recommendations made as a result of the consultations. Please also specify the matters covered by the Convention for which written consultations have been held and indicate whether those involved in the consultation procedures have agreed that such communications are appropriate and sufficient.