Solicitud directa (CEACR) - Adopción: 2016, Publicación: 106ª reunión CIT (2017)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Malasia (Ratificación : 2000)

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Observación

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Article 3 of the Convention. Worst forms of child labour. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee previously noted that section 32 of the Child Act punishes anyone who causes or procures or allows any person under 18 years of age to carry out illegal activities, including the production and trafficking of drugs. It also noted that according to section 39B(1) of the Dangerous Drugs Act, 1952 the offences related to trafficking of drugs by any person shall be punished with the death penalty. The Committee observed that, although children had been convicted for trafficking of drugs (under the Dangerous Drugs Act), it did not appear that any adult had been charged with the use, procuring or offering of a child for this offence under section 32 of the Child Act. It also recalled that children used by adults for the production and trafficking of drugs should be treated as victims.

The Committee notes the Government’s indication that the offences related to using or involving a child for drug-related offences, by another person, is contained in section 33 of the Dangerous Drugs Act. According to this provision, any person who abets the commission of, or who attempts to commit, or does any act preparatory to or in furtherance of the commission of any offence under this Act shall be guilty of such offence and liable to punishment provided for such offence. The Committee also notes the Government’s statement that, in practice, section 32 of the Child Act is not applied as it carries a lighter penalty for the offender than the one established under the Dangerous Drugs Act. The Committee requests the Government to provide information on the application in practice of section 33 of the Dangerous Drugs Act with regard to the prohibition on the use, procuring or offering of a child under the age of 18 years for the production and trafficking of drugs.

Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. Following its previous comments, the Committee notes the Government’s statement in its report that the national commitment to achieving the goal of basic education for all children has been translated into concrete education initiatives and has resulted in a steady growth in the enrolment of students in primary education. According to the Government’s report, the gross enrolment rate at primary level reached 96.6 per cent in 2013. The Committee also notes the detailed information provided by the Government on the measures taken to provide access to basic education to children of non-citizens, by setting up learning centres targeting out-of-school children and refugees. Moreover, measures are being taken to mainstream the Vocational Education and Training Programme (TVET) to enhance the national education system by way of optimizing the chances of education and ensuring zero drop outs. The TVET provides equal access to all children. The Committee further notes the information from the Ministry of Education that in 2011, it launched a comprehensive review of the education system in Malaysia in order to develop a new Education Blueprint 2013–25. The Blueprint lays emphasis on five outcomes such as: access (100 per cent enrolment across all levels up to secondary by 2020), quality, equity (5 per cent reduction in achievement gaps (urban–rural, socio-economic, gender) by 2020), unity and efficiency. This transformation will be implemented over a span of 13 years with an initial focus on addressing the gaps in the current system and laying the foundation for a radically new education system. The Committee notes with interest the Government’s initiative to improve and transform the educational system. The Committee encourages the Government to pursue its efforts to improve the educational system and facilitate access to free education to all children. It requests the Government to provide information on the measure taken to achieve the five outcomes of the Education Blueprint and the results achieved.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the Government’s statement that it was in the process of drawing up programmes to provide care and shelter for street children and integrating these children into local society.

The Committee notes the Government’s information that, 149 Child Activity Centres have been established at the state and district levels, aimed at mobilizing community participation in the implementation of preventive and rehabilitation programmes for children at risk and who are vulnerable to exploitation. The Government also indicates that a school was set up in Kuala Lumpur in 2013 for street children, abandoned children and other children who fail to pursue education due to factors including lack of legal identification/documentation, poverty, unhealthy social life or broken family. The Committee requests the Government to provide information on the number of street children and other children in vulnerable situations, who have been receiving education at the school set up for street children in Kuala Lumpur. It also requests the Government to provide information on the activities undertaken by the Child Activity Centres to prevent children at risk from being involved in the worst forms of child labour. It finally requests the Government to provide information on the number of children who have benefited from the rehabilitation programmes of the Child Activity Centres.

Article 8. International cooperation and assistance. Regional cooperation. Following its previous comments, the Committee notes the Government’s information that a Memorandum of Understanding (MoU) has been concluded between Malaysia and Thailand to strengthen cooperation in addressing trafficking in persons, including protection of victims, law enforcement cooperation and repatriation process. The Government also indicates that it is currently exploring the possibility of concluding an MoU with Indonesia to combat transnational crime, with trafficking in persons as one of the areas of cooperation. The Committee encourages the Government to pursue its efforts to cooperate with the neighbouring countries with a view to eliminating child trafficking for labour and commercial sexual exploitation. It also requests the Government to provide information on the measures taken or envisaged to ensure the rehabilitation and reintegration of child victims of trafficking.

Application of the Convention in practice. Trafficking. The Committee notes the statistical information provided by the Government regarding the number of cases of trafficking in persons investigated and number of victims identified. However, this data does not indicate how many of those cases involved children under the age of 18 years. The Committee, therefore, requests the Government to provide information on the number of cases of trafficking of children for labour and commercial sexual exploitation, detected and investigated in Malaysia, as well as statistics on the number of prosecutions, convictions and penalties applied to perpetrators. To the extent possible, all information provided should be disaggregated by sex and by age.