Private companies have a responsibility to comply with national labour laws and international labour standards to ensure human rights compliance throughout their entire supply chain framework.

The Human Rights Commission of Malaysia (Suhakam) said this was not withstanding the legal provisions to be enforced by the government.

It added that private companies must also take the lead in demonstrating they can stand up to comply with the international human rights and labour standards.

“These should address the various sectors, including the medical supplies industry, agricultural (including plantations), construction and manufacturing sectors,” said Suhakam in a statement today in expressing concern with the longstanding forced labour issue in Malaysia.

According to Suhakam, forced labour is a serious human rights violation and infringes the legal guarantee provided by Article 6 of the Federal Constitution which prohibits all forms of slavery and forced labour.

The commission said slavery and forced labour contravened the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (ATIPSOM) 2007, which criminalises forced labour – a form of exploitation of human beings.

It pointed out that the issuance of numerous Withhold Release orders (WRO) by the United States Customs and Border Protection (CBD) to Malaysian companies over alleged forced labour practices signalled the urgent need for Malaysia to put in place effective measures to circumvent and remedy the issue.

Suhakam lauded the launching of Malaysia’s first-ever National Action Plan on Forced Labour (NAPFL) 2021-2025 to address and eradicate compulsory labour.

It called for tangible outcomes including in law reform and effective remedies to be in place the earliest possible.

“Suhakam looks forward for the NAPFL to critically address, among others, more stringent requirements for companies to implement effective due diligence procedures and grievance mechanisms, particularly in their employment practices.”

The commission also urged the government to ensure transparency by making public the full report of the Special Independent Committee on Foreign Worker Management.

It also urged the government to expedite the implementation of the committee’s recommendations which considered issues of unethical, unhealthy and unfair practices in the recruitment of foreign workers including the need to make workers recruitment transparent by introducing an end-to-end online system for hiring foreign workers.

“For long term measures to be successful, the government is encouraged to have more meaningful consultations with the relevant stakeholders including NGOs,” stressed Suhakam.

Suhakam further urged the government to expedite the development of Malaysia’s National Action Plan on Business and Human Rights (NAPBHR).

It said NAPBHR will establish responsibility on the part of business entities to respect human rights that not only dealt with labour issues but also impressed on the accountability of business practices to people and planet.

“The NABPHR should be strictly guided by the UN Guiding Principles on Business and Human Rights,” Suhakam added.

Source:
courtesy of THE BORNEO POST

by LIM HOW PIM

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