Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Malaysia (Ratification: 2002)

The Committee takes note of the supplementary information provided by the Government in light of the decision adopted by the Governing Body at its 338th Session (June 2020). The Committee examines the application of the Convention on the basis of the supplementary information received from the Government this year, as well as on the basis of the information at its disposal in 2019.

Articles 2 and 5(1)(a)–(e). Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide information on the content and outcome of tripartite consultations held on each of the matters regarding international labour standards listed in Article 5(1) of the Convention. The Government reports that tripartite consultations have been undertaken through several platforms. It indicates that the tripartite National Labour Advisory Council (NLAC) consults representatives of employers’ and workers’ organizations with regard to international labour standards. The NLAC is chaired by the Minister of Human Resources. The Government further reports that, since the formation of the new government, the NLAC has met four times to discuss a wide breadth of labour issues. The Committee notes the Government’s indication that the National Occupational Safety and Health Policy was launched in February 2019, following consultations with tripartite partners and industry actors. The Government reports that the outcome of the consultations is reflected in the Policy, adding that it is planning to continue to work with the ILO and the social partners to finalize the process of consideration of ratification of the Occupational Safety and Health Convention, 1981 (No. 155). In respect of its submission obligations, the Government reports that tripartite discussions have been undertaken through the NLAC with a view to submitting the relevant instruments adopted by the International Labour Conference to Parliament in July 2019 (Article 5(1)(b)). In relation to the re-examination of unratified Conventions and the possible denunciation of outdated Conventions, the Government indicates that after holding preliminary discussions with the Government agencies concerned, it will undertake consultations with the social partners in due course concerning the possible ratification of the Indigenous and Tribal Peoples Convention, 1989 (No. 169). The Committee notes from the supplementary information provided by the Government that, due to the COVID-19 pandemic and the focus on the response and recovery phase of the pandemic, tripartite consultations on Conventions Nos. 155 and 169 have not yet been held with the social partners. The Government indicates that it will continue to provide information to the Committee on progress made in this regard. The Committee invites the Government to continue to provide updated detailed information on tripartite consultations held on matters relating to international labour standards set out in Article 5(1) of the Convention. In particular, the Committee hopes that the Government will be in a position to provide information in its next report on the outcome of consultations held with the social partners concerning the possibility of ratification of Conventions Nos. 155 and 169.

In the context of the global COVID-19 pandemic, the Committee recalls the comprehensive guidance provided by international labour standards. It encourages member States to engage in tripartite consultation and social dialogue more broadly as a solid foundation for developing and implementing effective responses to the profound socio-economic impacts of the pandemic. The Committee invites the Government to continue to provide updated information in its next report on the impact of the measures taken in this respect, in accordance with Article 4 of the Convention and Paragraphs 3 and 4 of Recommendation No. 152, including with regard to steps taken to reinforce the capacity of the tripartite constituents and strengthen mechanisms and procedures, as well as challenges and good practices identified.