CHAPTER 4 - REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP
(iii) Business and labour rights
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The Government maintained that labour laws now protect the rights of workers, but assured
that these will be reviewed periodically to harmonise the relationship between employers,
employees and trade unions. However, human rights and labour organisations argued
that impending amendments to the labour laws would erode the rights of workers, as the
proposals favour the interests of employers.
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Malaysia has yet to ratify the International Labour Organisation Convention 87 on freedom
of association and protection of the right to organise; Convention 105 on abolition of forced
labour; and Convention 111 on discrimination in employment and occupation.
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While Malaysia permits all workers to join unions, the conditions imposed on migrant
workers have made it difficult for them to unionise.
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While sexual harassment is known to affect many workers, some employers still refuse to
implement the recommended code of practice to prevent harassment in the workplace.
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The representation of persons with disabilities (PWD) in the private sector is very low. In
some instances, PWD are not employed because the company does not have the necessary
facilities to enable the PWD to work effectively. Thus, there is a need for the private sector
to ensure proper facilities are in place to ensure employment opportunities for PWD.
(iv) Business and the environment
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The profit-oriented nature of private businesses has led to aggressive exploration and
exploitation of resources without due consideration of the impact of such conduct on
the environment. The Government has a duty to ensure that companies comply strictly
with rights-based policies that stress, among others, the human right to a clean and safe
environment.
These RTDs have enabled the Commission to identify primary concerns in current business practices,
specifically those that adversely affect human rights.
5. WOMEN’S RIGHTS – RIGHTS OF SINGLE MOTHERS
On 20 October, the ECOSOCWG organised a seminar on the rights of single mothers. This was
in line with the Commission’s efforts to raise awareness of women’s rights as guaranteed by the
Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), especially
the articles relating to economic, social and cultural rights; to raise awareness of Government policies
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