Page 22 - NAPFL FINAL
P. 22

22                                                                                                                                                                              23





                  While the fight against forced labour is  of their rights to health, education,                 1.2 Situation
                  not  new,  the  issue  has  gained   among others, when their parents are                                                            Forced labour complaints (2020-21)
                  substantially more attention within the  trapped in different forms of forced                   Analysis                             in Peninsular Malaysia
                  last decade. This includes significant  labour and are unable to provide for
                  media and consumer attention to forced  them. This can adversely impact the                                                           Years                2020  2021
                  labour in global supply chains that has  country’s  social  and  economic                       The 2019 Background Study
                  only become more important with      development.                                                                                     Complaints received  6     7
                  globalisation.                                                                                  for this NAPFL found that             under ATIPSOM                          National Action Plan on Forced Labour (2021-2025)
                                                                                                                  there is limited data and
                                                       As such, this National Action Plan on                                                            Investigation paper /  4   3
                  Therefore, in addition to the legal and  Forced Labour (NAPFL) provides a                       evidence on forced labour in          prosecution
                  moral obligation to eliminate forced  framework for the national efforts to                     Malaysia and that most of
                  labour, countries also have an economic  eliminate forced labour in Malaysia.                                                         Others*              2     4
                  and reputational interest in combatting                                                         the publicly available
                  forced labour within their borders                                                              evidence is investigative                                      Source: JTKSM
                  especially when a significant part of the  The NAPFL is an umbrella for initiatives             journalism and sector-               * proceed to investigate under Employment Act 1955; and
                  economy is dependent on global supply  by the government, workers’ and                                                               referred cases to other agencies (cases not related under
                  chains and consumers, who have       employers’ organisations- particularly                     specific studies.
                  become increasingly aware of the risk of  the MEF and MTUC, the civil society
                  forced labour. This could jeopardise the  organisations and international industry                                                   As forced labour is a criminal activity in
                  export of key commodities (like palm oil)  associations to achieve elimination of                                                    Malaysia, as in most other countries, it
                  and goods (e.g., electronics, rubber  forced labour by 2030, in line with the                   Palm oil appears to be the           takes place “beneath the radar” and
                  products).                           SDG Target 8.7. It is important to note,                                                        therefore,  forced  labour  is  often
                                                       that this NAPFL focuses specifically on                    most well-described sector           associated with the informal economy,
                                                       forced labour, not on human trafficking                    and though the full extent of        which is also associated with non-
                  The authorities therefore need to    which is covered by the NAPTIP.                            forced labour is not known,          payment of taxes and other issues that
                  prioritise actions to address forced                                                                                                 may  impede   national  social  and
                  labour and ensure fair recruitment and                                                          the palm oil sector, at              economic development. Forced labour is
                  decent work in line with international  The links between the NAPTIP and the                    national level, has taken            also often associated with vulnerable
                  human rights instruments, such as the  NAPFL are described in more detail                                                            groups whose labour rights are not
                  ILO Fair Recruitment Principles and the  under section 1.3. The NAPTIP is on its                significant steps towards            protected by existing legal frameworks,
                  ILO Declaration on Fundamental Rights.  third  edition  outlining  national                     eradicating forced labour,           including (but not limited to) the
                                                                                                                                                       undocumented migrant workers and
                                                       strategies in combatting TIP.
           National Action Plan on Forced Labour (2021-2025)                                                      data, the background study           comprise of primarily informal migrant
                                                                                                                  according to the background
                  Victims of forced labour also have
                                                                                                                                                       refugees, stateless and asylum-seekers
                  families and children, who are deprived
                                                                                                                                                       who are not allowed to work legally in
                                                                                                                  study. Despite the scarcity of
                                                                                                                                                       the country. Undocumented persons
                                                                                                                                                                              who
                                                                                                                                                               (e.g.,
                                                                                                                                                                     workers
                                                                                                                  provided a picture of forced
                                                                                                                                                       workers
                                                                                                                                                                                   have
                                                                                                                                                                                 or
                                                                                                                                                                        permits
                                                                                                                                                       overstayed
                                                                                                                                                                                     are
                                                                                                                                                                  their
                                                                                                                  labour in Malaysia.
                                                                                                                                                       otherwise unregistered as migrant
                                                                                                                                                       workers) and their dependants.
   17   18   19   20   21   22   23   24   25   26   27