Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Articles 1(1) and 2(1) of the Convention. Freedom of career military personnel to leave their service. The Committee previously noted 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. Pursuant to regulation 26 of this Regulation, career military officers are permitted to apply to resign their commission, except when: (i) a Proclamation of Emergency has been issued (pursuant to article 150 of the Federal Constitution or other written laws); or (ii) where the officer has undertaken to complete a specified period of full time service. In this regard, the Government stated that both career soldiers and airmen cannot claim discharge as a statutory right, but may nonetheless apply at any time to the Armed Forces Council to be discharged under the Regulations, 1961. All applications made by career officers are considered by the Armed Forces Council, who will then advise the Head of State, as cancellations of commissions are subject to the discretion of the Head of State (pursuant to section 9 of the Armed Forces Act 1972). Applications for discharge are considered on a case-by-case basis, taking into account the specific circumstance of each serviceman. Upon the approval of the application for the discharge by the Armed Forces Council, a serviceman would be permitted to purchase his discharge based on their years of engagement and rank. The Committee accordingly observed that, pursuant to regulations 26 and 51(1) of the Regulations, 1961, it appeared that the application for discharge by both career soldiers and career military officers may be rejected. It recalled that career military servicemen who have voluntarily entered into an engagement should have the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

The Committee notes that the Government’s report does not contain any information on this point. The Committee therefore once again requests the Government to take the necessary measures to ensure that career members of the armed forces enjoy the right to leave their service in peacetime at their own request, within a reasonable period, either at specified intervals, or with previous notice. The Committee requests the Government to provide information on the application in practice of regulations 26 and 51 of the Army and Air Force (Terms of Service) Regulations, 1961, particularly the numbers of applications to resign that have been accepted or refused and information on the grounds for refusal by the Armed Forces Council.