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

Forced Labour Convention, 1930 (No. 29) - Malaysia (Ratification: 1957)
Protocol of 2014 to the Forced Labour Convention, 1930 - Malaysia (Ratification: 2022)

The Committee notes the information provided by the Government in reply to its earlier comments and, in particular, the Government’s explanations concerning the participation of prisoners in joint venture schemes with private companies and the application of the provisions of Part V of the Prison Act governing employment of prisoners.

Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Freedom of career military personnel to leave their service. The Committee notes the provisions governing an optional retirement and resignation from the armed forces in the Regular Forces (Pensions, Gratuities and Other Benefits) Regulations, 1982, and the Queen’s Regulation for the Royal Navy (QRRN) communicated by the Government with its report. It also notes that, under regulation 51(1) of the Army and Air Force (Terms of Service) Regulations, 1961, the Armed Forces Council shall issue instructions setting out the conditions under which soldiers or airmen may be permitted to purchase their discharge. While having duly noted the Government’s statement in the report that instructions issued by the Armed Forces Council are classified as confidential and therefore cannot be communicated, the Committee nevertheless hopes that the Government will describe, in its next report, the conditions under which career soldiers or airmen may be permitted to purchase their discharge. Please also clarify whether career military officers can also exercise the right to purchase their discharge and, if so, describe the conditions.

Articles 1 (paragraph 1), 2 (paragraph 1), and 25. Trafficking in persons. The Committee notes the adoption of the Anti-Trafficking in Persons Act, 2007, which provides for the offence of trafficking in persons and related offences (sections 12–15) punishable with the penalties of imprisonment for a term of up to 20 years, and the establishment of the Council for Anti-Trafficking in Persons (sections 6–11), which shall perform the functions of coordinating the implementation of the Act and formulating the relevant policies and programmes. The Committee requests the Government to provide, in its next report, information on any legal proceedings which have been instituted against those responsible for trafficking, particularly under sections 12, 13 and 15 of the Act, indicating the penalties imposed on perpetrators. Please also supply information on the policies and programmes to prevent and suppress trafficking in persons adopted by the Council for Anti-Trafficking in Persons and on their application in practice.