Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Repetition

Article 7(2) of the Convention. 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. The Committee previously noted that the Committee on the Rights of the Child, in its concluding observations of 25 June 2007, expressed concern regarding the number of children of primary-school age who are not attending school (CRC/C/MYS/CO/1, paragraph 73). The Committee also noted the information in the Government’s 2008 report to the Human Rights Council for the Universal Periodic Review that Malaysia had started to implement a comprehensive set of education support measures which included textbook, food and transport assistance, in addition to scholarships and tuition aid schemes (A/HRC/WG.6/4/MYS/1/Rev.1, paragraph 34).

The Committee notes the information in the Government’s report that the Ministry of Education continues to provide various types of assistance to poor children, including the Poor Students Trust Fund, the Federal Scholarship and the University Preparatory Class Scholarship. The Government also states that, as of 1 January 2008, parents do not have to pay a special fee for primary or secondary school, and that examination fees have also been abolished. The Committee welcomes these measures, but also notes the information in the 2011 UNESCO Global Monitoring Report that the number of out-of-school children of primary-school age has risen from 70,000 in 1999 to 125,000 in 2008. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue and strengthen its efforts to facilitate access to free basic education to children from poor families. It requests the Government to provide information on measures taken in this regard and on the results achieved, particularly with respect to reducing the number of out-of-school children.

Clause (d). Identifying and reaching out to children at special risk. Street children. The Committee previously noted the indication of the Worker members at the Conference Committee on the Application of Standards at the 98th Session of the International Labour Conference of June 2009, that in Sabah, according to the Indonesian National Commission for Child Protection (INCCP), an unknown number of children begged in the streets; estimates ranged from a few hundred to as many as 15,000 children.

The Committee notes the Government’s indication that a pilot study on street children in Sabah was conducted by the Ministry of Women, Family and Community Development in 2010. This study recorded 2,770 street children in Sabah, who worked primarily as shop or restaurant assistants, car washers, in construction, or assisted their parents with their business. This study indicated that these street children worked to provide financial support for themselves and their family. This study indicated that 334 of the children recorded worked every day, and 293 children were employed by employers. The Committee also notes the Government’s statement that it is in the process of drawing up programmes which will include getting more local non-governmental organizations to provide care and shelter, expediting the process of the registration of street children and integrating these children into local society. Recalling that street children are particularly vulnerable to the worst forms of child labour, the Committee urges the Government to strengthen its efforts to protect children from these worst forms. It requests the Government to continue to provide information on measures taken in this regard, and on the results achieved.

Migrant children. The Committee previously noted the indication of the Worker members at the Conference Committee on the Application of Standards in 2009 that, according to the INCCP, cases of forced labour of migrant workers and their children on plantations in Sabah involved an estimated 72,000 children. The Committee also noted the indication of the Worker member of Indonesia that, following a 2008 fact-finding mission to the plantations in Sabah, the INCCP reported that tens of thousands of migrant workers’ children also worked in the plantations without regulated employment hours, which meant they worked all day long. Other sectors where migrant workers’ children were often found were family food businesses, night markets, small-scale industries, fishing, agriculture and catering. The INCCP Secretary-General stated that the children of migrant workers born under these conditions were not provided with birth certificates or any other type of identity document, effectively denying their right to education.

The Committee notes the Government’s statement that, with regard to the involvement of children in the plantation sector in Sabah, the Sabah Labour Ordinance provides that no person shall knowingly employ immigrant workers unless a licence has been obtained by the Director of Labour (section 118). The Government indicates that employers’ applications will be considered by a committee chaired by the Director of Immigration of Sabah, and that this consideration may include a visit to the place of employment. The Committee also notes the Government’s information that in 2010, the Sabah Labour Department carried out statutory inspections at 5,011 places of employment and received 470 complaints on various labour issues. The Government indicates that these inspections, and subsequent investigations, found 16 employers were employing children and young persons, but that these persons were employed in compliance with the law. The Government further indicates that no prosecutions were carried out in 2010 with regard to the employment of children and young persons. In addition, the Committee notes the information in the Government’s report that the programmes to reach out to street children in Sabah include the widening of the operation of the validation of the documentation of children. However, the Committee notes the information from the UNESCO Global Monitoring Report of 2011 that there are an approximate 1 million undocumented migrants living in Malaysia, many of them children. The Committee recalls that migrant children may be particularly vulnerable to the worst forms of child labour and requests the Government to take effective and time-bound measures to ensure that these children are protected from the worst forms of child labour, and to provide information on the results achieved.