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Summary: This report summarises individual observations and direct requests issued by the ILO Committee of Experts related to child labour conventions. To view the full reports, go to the NORMLEX database (http://www.ilo.org/global/lang--en/index.htm) and click on ‘display all documents related to a specific country
CEACR: Individual Observation concerning Convention No. 182, Worst Forms of Child Labour, 1999 (ratification: 2000) Much of the following information is repetition from the Committee's previous reports as Malaysia has not submitted a report for 2012. Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted that section 17(1) and (2) of the Child Act of 2001 only refers indirectly to the use, procuring or offering of a child for the production of pornography, or for pornographic performances, and that there appear to be no specific provisions that explicitly prohibit and punish such acts committed by persons other than the child’s parents, guardian or extended family. The Government has however responded by pointing out to the Committee that the provisions of the Child Act need to be read together with other acts and regulations such as the Penal Code (Act 574). Section 377E of the Penal Code prohibits any person from inciting a child under the age of 14 years to any act of gross indecency with him or another person. However, as the Committee observed, section 377E only extends this prohibition to the case of children who are under 14 years of age. As the Government made clear in its previous reports the Ministry of Women, Family and Community Development hoped to address these shortcomings in its amendment of the Child Act. Consequently, the Committee requested the Government to take immediate and effective measures to ensure that, in the framework of the amendments to the Child Act, legislation is adopted to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, in accordance with article 3(b) of the Convention. Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. Section 32 of the Child Act of 2001 punishes anyone who causes, procures or allows any person under 18 years of age to be on any street, premises or place for the purposes of, “carrying out illegal hawking, illegal lotteries or gambling, or other illegal activities detrimental to the health or welfare of the child”. As the Committee has noted however, there seem to be no specific provisions which explicitly prohibit the use, procuring or offering of a child for the production and trafficking of drugs. Although the Government’s has claimed that section 32 of the Child Act which states that, “other illegal activities detrimental to the health or welfare of the child” includes the use, procuring and offering of a child for illicit activities, including the production and trafficking of drugs, the Committee has requested information on the effect given to the relevant section, including statistics on the number of persons prosecuted and found guilty under section 32 of the Child Act in order to determine its effectiveness. Article 5 and Article 7(1). Monitoring mechanisms and effective enforcement of the Convention. Labour inspectorate. In its concluding observations of 25 June 2007 the Committee on the Rights of the Child (CRC), expressed concern over the weak enforcement of ILO Convention No. 182. In its defence, the Government made clear that Malaysia has one of the most effective labour inspectorates in the region. In the Malay peninsula alone, 300 labour inspectorates carry out between 25 and 30 inspections per month. In 2008, the Department of Labour, under the Ministry of Human Resources, received a total of 30,084 complaints on various labour issues. None of these cases were relating to child labour. However, as the Committee has noted in the past, the Worker members at the Conference Committee on the Application of Standards indicated that, while many rights were respected in Malaysia, many issues of concern remained - particularly with regard to children working in the palm oil plantations. According to the National Commission for the Protection of Children in Indonesia, cases of forced labour of migrant workers and their children on plantations in Sabah have involved an estimated 72,000 children. Article 7(2). Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. In its concluding observations of 25 June 2007 the Committee on the Rights of the Child (CRC), stated that nearly 200,000 children of primary-school age are not attending school. The CRC had also expressed concern at the regional disparities in the dropout rates, and that many children, in particular boys, drop out from secondary education (CRC/C/MYS/CO/1, paragraph73). The Government has indicated that several factors explain the majority of dropout cases in Government and Government-assisted schools. Some of the factors contributing to dropout rates include the students’ backgrounds, poverty, attitudes toward education, health, and lack of infrastructural amenities. Yet, despite these shortcomings, according to the UNESCO Education for All Global Monitoring Report (2008), Malaysia has made extraordinary progress in reducing the number of children not enrolled in education, and universal primary education has been achieved. Furthermore, according to the same report, the net enrolment rate in primary education is 100 per cent. However, it should be noted that while the gross enrolment rate is 90 per cent at the lower secondary level, it is only 53 per cent at the upper secondary level. Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. Although, the Malaysian government has taken numerous measures to combat trafficking, according to the Human Rights Commission's Trafficking in Women and Children Report (2004), Malaysia is still considered a primary destination country for victims of trafficking. The findings of the report showed that, despite the fact the trafficking involved mostly women over 18 years of age, a number of girls between 14 and 17 years of age were also reported to be victims of trafficking. Clause (d). Identifying and reaching out to children at special risk. Migrant children, street children and child domestic workers. After a 2008 fact-finding mission to the plantations in Sabah, Malaysia the Indonesian National Commission for Child Protection (INCCP) reported that tens of thousands of migrant workers’ worked in the plantations without regulated employment hours – meaning they worked all day long. Other sectors where migrant workers’ children were found included family food businesses, night markets, small-scale industries, fishing, and catering. The INCCP Secretary-General stated that the children of migrant workers born under these conditions were not provided with birth certificates or any other type of identity document, effectively denying their right to education. Furthermore, in Sabah, an unknown number of children begged in the streets; with estimates ranging from a few hundred to as many as 15,000 children. As a result, The Committee has sought to remind the Government that migrant children, street children and child domestic workers are particularly exposed to the worst forms of child labour, and has therefore requested the Government to take effective and time-bound measures to ensure that these children are protected from the worst forms of child labour by removing them from these vulnerable situations and rehabilitating them Parts IV and V of the report form. Application of the Convention in practice. Following its previous comments, the Committee noted the Government’s information that the Ministry of Women, Family and Community Development is conducting a pilot study to develop a database on street children in Sabah. The Government also indicated that it will create a database on the phenomena of child trafficking, the commercial sexual exploitation of children and street children in Malaysia. Furthermore, the Committee noted that, according to the National Report submitted in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of 19 November 2008, Malaysia is currently setting up a One Stop Information Centre on trafficking in persons which will provide comprehensive information on the statistics of traffickers and victims.