Effect given to the recommendations of the committee and the Governing Body - Report No 356, March 2010

Case No 2637 (Malaysia) - Complaint date: 10-APR-08 - Follow-up

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

1. 82. The Committee last examined this case, which concerns the denial of freedom of association rights to migrant workers, including migrant domestic workers, in law and in practice, at its March 2009 meeting [see 353rd Report, paras 1039–1053]. On that occasion, the Committee stated that it expected the Government to take the necessary measures, including legislative if necessary, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively enjoy the right to establish and join organizations of their own choosing. It further requested the Government to take the necessary steps to ensure the immediate registration of the association of migrant domestic workers so that they may fully exercise their freedom of association rights, and requested the Government to keep it informed of the progress made in this regard.
2. 83. In a communication dated 29 October 2009, the Government indicates that it does not intend to register the association of migrant domestic workers. The Government further states that the existing laws and guidelines on foreign workers are adequate to meet their concerns, and that they may bring their concerns to their respective embassies, the Malaysian Association of Foreign Maid Agencies (PAPA), or other relevant authorities.
3. 84. The Committee notes with regret that, in respect of its previous recommendations in the present case, the Government merely repeats its previous observations. The Committee recalls that on numerous occasions it has interpreted the right of freedom of association to include migrant workers, and has further stated that domestic workers are not excluded from the application of Convention No. 87 and should therefore be governed by the guarantees it affords and have the right to establish and join occupational organizations [see Digest of decisions and principles of the Freedom of Association Committee, 2006, fifth edition, para. 267]. The Committee has further emphasized that all workers, without distinction whatsoever, whether they are employed on a permanent basis, for a fixed term or as contract employees, should have the right to establish and join organizations of their own choosing [Digest, op. cit., para. 255].
4. 85. Recalling furthermore that it had previously considered that the Government’s arguments to explain the Registrar’s refusal to register the association of migrant domestic workers can in no way justify the denial of the fundamental right to organize these workers, the Committee once again expresses the expectation that the Government will take the necessary measures, including legislative if necessary, to ensure in law and in practice that domestic workers, including contract workers, whether foreign or local, may all effectively enjoy the right to establish and join organizations of their own choosing. Additionally the Committee once again requests the Government to take the necessary steps to ensure the immediate registration of the association of migrant domestic workers so that they may fully exercise their freedom of association rights, and requests the Government to keep it informed of the progress made in this regard.