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 Re-examination of the ratification of unratified Conventions and denunciation of outdated Conventions.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.