Situation and gap analysis on Malaysian legislation, policies, and programmes and the ILO Forced Labour Convention and Protocol
This gap analysis was prepared by ILO project “From Protocol to Practice: A Bridge to Global Action on Forced Labour”, its consultants with inputs from other ILO experts, following extensive consultations conducted in coordination with the Ministry of Human Resources. The analysis was presented to and reviewed by a technical review group comprised of the government, and representatives from the Malaysian Trade Union Congress (MTUC) and the Malaysian Employers Federation (MEF), Human Rights Commission (SUHAKAM) and the Malaysian Bar Council on June 2018. The study was conducted during the period from January to September 2018.
This report examines the gaps and contradictions in existing Malaysian legislation, policies and programmes, including enforcement and implementation practices giving effect to such mechanisms. It also aims to identify the actions needed to address these gaps that will guide the country toward compliance with ILO C29 and the future application of the Forced Labour Protocol. It also recommends which of the gaps or contradictions the government may wish to address as part of the Forced Labour national action plan and provide recommendations on key milestones for the Roadmap towards Ratification of Forced Labour Protocol.