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These include limited awareness of the
legal provisions among workers
(Malaysians, migrant workers, refugees,
asylum-seekers, stateless and The ’Palermo Protocol’ defines
undocumented persons) and in the trafficking in persons as “…the
private sector; unclear legal definitions recruitment, transportation, transfer,
of forced labour; limited protection for harbouring or receipt of persons, by
victims of forced labour except when means of the threat or use of force National Action Plan on Forced Labour (2021-2025)
human trafficking can be proven under or other forms of coercion, of
ATIPSOM; limited number of abduction, of fraud, of deception, of
prosecutions; challenges in the the abuse of power or of a position
coordination of enforcement of the of vulnerability or of the giving or
multiple pieces of legislation relevant to receiving of payments or benefits to
forced labour and limited reporting and achieve the consent of a person
redress systems for workers. having control over another person,
National Action Plan on Forced Labour (2021-2025)
for the purpose of exploitation.
Exploitation shall include, at a
minimum, the exploitation of the
This leads to, for example, widespread prostitution of others or other forms
confiscation of migrant workers’ legal of sexual exploitation, forced labour
papers and other practices that can or services, slavery or practices
amount to forced labour. In addition, the similar to slavery, servitude or the
legislative framework is challenged by removal of organs.”
different definitions and provisions
between federal legislation and state
level legislation, in particular the
Sarawak Labour Ordinance and the
Sabah Labour Ordinance.

The differences in, e.g. age limits and
minimum wage, and the differences in
the interpretation of migration
regulations in different states leads to
varying practices in different parts of
Malaysia and harmonisation of
legislation and practices was highlighted
in the background study. 8

8 For more in-depth analysis and guidance see also ILO (2018)
Situation and gap analysis on Malaysian legislation, policies and
programmes, and the ILO Forced Labour Convention and
Protocol https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-
bangkok/documents/genericdocument/wcms_650658.pdf; ILO &
MEF (2019)

Business responsibility on preventing and addressing forced
labour in Malaysia https://www.ilo.org/wcmsp5/groups/public/--
-asia/---ro-bangkok/documents/publication/wcms_717944.pdf