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Lack of documentation not only forces In Sabah, forced labour appears to
communities and workers into the persist in the plantation sector, which is In 2018, the Government carried out an
informal sector, but it also creates one of the largest contributors to Sabah employment survey in the oil palm sector. 2
barriers in accessing various essential economy, despite important steps and
services, such as health and education some progress in its eradication through
all of which results in a multi-layered Roundtable for Sustainable Palm Oil 95.7%
interconnected web of issues. Men, (RSPO), Malaysian Sustainable Palm Oil
women, girls, and boys who lack proper (MSPO) and other initiatives. Plantations National Action Plan on Forced Labour (2021-2025)
documentation, including certain ethnic employ large number of migrant The vast majority are
groups like Orang Asli, are also often workers, including undocumented 0.8% employed workers
from poor families with low levels of migrant workers, former refugees, and
education and they may not realise that inter-generationally stateless individuals (95.7%) and only 4.3%
the relevance of birth certificates or from the Philippines and Indonesia. of workers (a total of are unpaid family
other identity documents and lack of (Sabah shares a porous border with 4900 workers aged 5 labourers.
documentation can become an these countries). Children born to
National Action Plan on Forced Labour (2021-2025)
intergenerational issue. undocumented parents face constraints years and over) in the
accessing services such as health and oil palm sector were in
education. This may fuel child labour, forced labour. 3
The background study also found including forced child labour and inter-
significant regional differences in the generational non-documentation can be The majority of the those found to be in
forced labour picture. The key groups of difficult for workers and employers to
concern in Peninsular Malaysia are address as consular services that are forced labour were plantation workers
migrant workers and refugees. needed in the process can be difficult to tending and harvesting the crop but
Peninsular Malaysia by far hosts the obtain. forced labour was also found among
majority of documented migrant manuring workers and truck drivers
workers in all primary sectors where 80% transporting the crop.
migrant workers are allowed by policy. In Sarawak, forced labour is also a
particular risk to undocumented Moreover, the prevalence rate
migrant workers, especially those using Most are male (around 80%) is also significantly higher
the “back lanes” to cross the porous among non-Malaysian citizen,
In Peninsular Malaysia, where borders border from Indonesia. Most migrant and in the age group 25-44 at 1.44%, than among
are relatively well controlled, it is likely workers in Sarawak are employed in years old (65%) though a Malaysian citizens, at 0.1%. The forced labour prevalence
undocumented
the
that
migrant
significant proportion,
National Action Plan on Forced Labour (2021-2025) or abscondment because of exploitation work. Undocumented individuals may 2 Ministry of Plantation Industries and Commodities Further, while workers in the informal economy and
plantations, but others also work on
workers were previously documented
manufacturing, construction, services,
10.6%, are children aged 5-
but due to non-renewal of work permits,
small scale agriculture and domestic
rate was found to be
by the employers, or through passport
significantly higher in
to
ethnic
however,
also,
belong
retention practices, have lost their
Sarawak, at 1.3%, than in
minorities who live in remote areas that
documented
should
be
status.
It
Peninsular Malaysia and
are relatively isolated.
highlighted also that some documented
Sabah, at 0.6% respectively.
and undocumented migrant workers
(2018) The Employment survey in Oil Palm Plantations,
alike may have been subjected to
Malaysia 2018 https://www.mpic.gov.my/mpi/images/01-
The survey did not measure the portion
Bahagian/PSA/MPIC_EmploymentSurvey2018_FINAL.pdf
charging of illegal recruitment fees in
of regular to irregular/undocumented
3 Note that some of the victims of forced labour, i.e. those
undocumented workers are often at greater risk of
their home countries.
workers among the survey participants.
aged from 5 to 17 years, are therefore also victims of the
forced labour, documented workers may also end
Worst Forms of Child Labour (WFCL) as defined in ILO
However, of the workers in situations of
up in forced labour.
Convention 182 on the WFCL.
forced labour, 51% indicated that the