Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

Effect given to the recommendations of the Committee and the Governing Body

1. 130. This case concerns the Malaysian labour legislation and its application which, for many years, have resulted for workers in serious violations of the right to organize and bargain collectively: discretionary and excessive powers granted to authorities as regards trade unions registration and scope of membership; denial of workers’ right to establish and join organizations of their own choosing, including federations and confederations; refusal to recognize independent trade unions; interference of authorities in internal unions’ activities, including free elections of trade unions’ representatives; establishment of employer-dominated unions; arbitrary denial of collective bargaining. The Committee formulated extensive recommendations at its March 2004 meeting [see 333rd Report, para. 599] and followed up on these at its June 2004 meeting in these terms [see 334th Report, paras. 39-40]:
   • The Committee notes with deep regret that the Government merely reiterates the arguments submitted in its initial reply. The Committee emphasizes that all the points raised by the Government in its communication have already been dealt with at length and rebutted in its previous decision on the merits, including through examination of the relevant provisions of the Trade Unions Act, 1959 [see paras. 586-598, and Annex 1].
   • The Committee deplores the lack of cooperation of the Government on these matters which have been examined by the Committee for 15 years and therefore reiterates its previous recommendations in their entirety and, noting the complainant organization’s request, recalls, once again, that the Government may avail itself of the ILO’s technical assistance.
2. 131. In a communication dated 19 August 2004, the Government states that there are different socio-economic realities among member States. To further maintain a healthy growth of trade unions and industrial harmony in the country, it proposes to amend certain provisions in the relevant labour laws in order to facilitate the formation of unions, expedite claims for recognition and facilitate the process of collective bargaining. According to the Government, all workers in Malaysia, without distinction whatsoever, are accorded the right to establish and join trade unions, as provided for in the Constitution and the labour laws. Workers have not been denied their right to representation and collective bargaining, which is evidenced by the growth in union membership (725,322 in 1999; 788,620 in 2003), the number of registered trade unions (537 in 1999; 595 in 2003) and the increased number of collective agreements (268 in 1999; 369 in 2003). The Government reiterates that there is no necessity for an ILO mission in this matter.
3. 132. The Committee notes the Government’s reply, its stated intention (without any specifics, however) to amend “certain provisions” in the labour laws, and the data provided. The Committee recalls that the matters complained of in the present case are extremely serious ones, and that it has been called to comment upon them in no less than seven cases over a period of more than 15 years, without any progress whatsoever. The Committee strongly deplores, once again, the continued total lack of cooperation of the Government, which merely repeats previous statements and arguments, does not provide a substantive reply or fails to respond altogether. In these circumstances, the Committee must reiterate its initial recommendations in their entirety. It urges the Government to address rapidly the issues raised therein and to keep it informed of developments thereon.