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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee had noted that section 17(1) and (2) of the Child Act of 2001 only refers indirectly to the use, procuring or offering of a child for the production of pornography or for pornographic performances and that there appear to be no specific provisions that explicitly prohibit and punish such acts committed by persons other than the child’s parents, guardian or extended family. The Committee notes the Government’s information that the provisions of the Child Act need to be read together with other acts and regulations such as the Penal Code (Act 574), in which section 377E prohibits any person from inciting a child under the age of 14 years to any act of gross indecency with him or another person. The Committee observes that section 377E only extends this prohibition to the case of children who are under 14 years of age. The Committee notes the Government’s information that the Ministry of Women, Family and Community Development (MWFCD) is currently in the process of amending the Child Act, in the course of which the Government indicates that the issue of the use, procuring or offering of a child for the production of pornography or for pornographic performances will be given due consideration. The Committee requests the Government to take immediate and effective measures to ensure that, in the framework of the amendments to the Child Act, legislation is adopted to prohibit the use, procuring or offering of a child under 18 years of age for the production of pornography or for pornographic performances, in accordance with Article 3(b) of the Convention, as a matter of urgency. It requests the Government to provide information on the progress made in this regard in its next report.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 32 of the Child Act of 2001 punishes anyone who causes or procures or allows any person under 18 years of age to be on any street, premises or place for the purposes of “carrying out illegal hawking, illegal lotteries or gambling, or other illegal activities detrimental to the health or welfare of the child”. However, the Committee had noted that there seem to be no specific provisions which explicitly prohibit the use, procuring or offering of a child for the production and trafficking of drugs. The Committee notes the Government’s information that the “other illegal activities detrimental to the health or welfare of the child” of section 32 of the Child Act include the use, procuring and offering of a child for illicit activities, including the production and trafficking of drugs. As the Committee needs further information to assess whether section 32 of the Child Act can be applied effectively to prohibit the use, procuring or offering of a child for the production and trafficking of drugs, it requests the Government to provide information on the effect given to this provision in practice, including statistics on the number of persons prosecuted and found guilty under section 32 of the Child Act of using, procuring or offering a child under 18 years for illicit activities, in particular for the production and trafficking of drugs.

Clause (d) and Article 4, paragraph 1. Hazardous work and determination of hazardous work. In its previous comments, the Committee had noted that the relevant legislation does not contain any provisions prohibiting young people under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. It had noted the Government’s referral to two prohibitions provided for in the CYP Act for children and young people: (i) managing or being in close proximity to machinery; and (ii) working underground. The Committee had observed that section 2(5) of the CYP Act provides that no child or young person shall be, or required or permitted to be, engaged in any employment contrary to the provisions of the Factories and Machinery Act, 1967, or the Electricity Act, 1949, or in any employment requiring them to work underground. It had noted, however, that section 1A(1) of the CYP Act defines a “child” as being any person who has not completed their fourteenth year of age, and a “young person” as being any person who has not completed their sixteenth year of age. The Committee had reminded the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. It had also recalled that Article 4(1) of the Convention states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

The Committee notes that, according to a Government representative of Malaysia at the Conference Committee on the Application of Standards at the 98th Session of the International Labour Conference of June 2009, the Government would set up a tripartite technical committee composed of employers’ organizations, workers’ organizations, government agencies and other relevant agencies. Referring to conclusions made by the Conference Committee on the Application of Standards, the Committee notes that the Government indicated that it would make the necessary recommendations to the tripartite technical committee so as to ensure that no one under the age of 18 years is authorized to perform hazardous work and that those hazardous types of work are determined in national legislation. The Committee also notes the Government’s information in its report that a proposal to include new provisions in the CYP Act to specify and determine the types of hazardous work and to prohibit the employment or work of persons under 18 years of age in these types of work is currently being reviewed by the Department of Labour. The Committee strongly urges the Government to take effective and immediate measures to ensure that the tripartite technical committee seriously considers the prohibition of the employment or work of persons under 18 years of age, in accordance with Article 3(d) of the Convention. Moreover, it firmly hopes that the determination of types of hazardous work to be prohibited to persons below 18 years of age will be reviewed and adopted by the Department of Labour after consultation with the organizations of employers and workers concerned, in accordance with Article 4(1) of the Convention. It urges the Government to take the necessary measures to ensure that the relevant legislation is adopted as a matter of urgency and requests it to provide information on the progress made in this regard in its next report.

Article 5 and Article 7, paragraph 1. Monitoring mechanisms and effective enforcement of the Convention. Labour inspectorate. The Committee had previously noted the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 25 June 2007, that the enforcement of ILO Convention No. 182 remains weak. The Committee notes that the Government representative at the Conference Committee on the Application of Standards indicated that the Malaysia peninsula alone has 300 labour inspectors and every labour inspector carries out between 25 and 30 inspections per month. In 2008, the Department of Labour, under the Ministry of Human Resources, received a total of 30,084 complaints on various labour issues. The Government representative explained that all complaints and cases were scrutinized and that no cases relating to child labour occurred. However, the Committee notes that the Worker members at the Conference Committee on the Application of Standards indicated that, while many rights were respected in Malaysia, many issues remained, particularly with regard to children working in the palm oil plantations, in the agricultural sector, but also those working in towns and cities. The Worker members further noted that, according to the National Commission for the Protection of Children in Indonesia, cases of forced labour of migrant workers and their children on plantations in Sabah involve an estimated 72,000 children. In light of the indication of the Government representative at the Conference Committee on the Application of Standards that Malaysia has one of the most effective labour inspectorates in the region, the Committee is of the view that Malaysia is in a position to ensure the effective enforcement of legislation giving effect to the Convention. The Committee strongly urges the Government to take the necessary measures to ensure that the provisions giving effect to the Convention are effectively enforced. It requests the Government to provide information on the progress made in this regard and to provide information on the number of infringements reported, investigations, prosecutions, convictions and penal sanctions applied with regard to children engaged in the worst forms of child labour, particularly children working in the palm oil plantations, in the agricultural sector, and in the urban economy.

Article 6. Programmes of action. Referring to its previous comments, the Committee notes the Government’s information that the National Policy on Children and its Plan of Action (NPAC) has been approved by the Government on 29 July 2009. The Government indicates that the NPAC will focus on children’s survival, protection, development and social participation. A Technical Committee, chaired by the MWFCD, will be established in order to coordinate and monitor the implementation of the NPAC. The Government further indicates that, although the NPAC is still in its infancy, its policy and plans are set to have considerable impact on the elimination of the worst forms of child labour by promoting and facilitating children’s rights. The Committee requests the Government to supply information on the implementation of the NPAC and on the results achieved with regard to the elimination of the worst forms of child labour in Malaysia.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Access to free basic education. The Committee had previously noted that, in its concluding observations of 25 June 2007, the Committee on the Rights of the Child expressed regret that, according to estimates, 200,000 children of primary‑school age are not attending school. The Committee on the Rights of the Child had also expressed concern at the regional disparities in the dropout rates and that many children, in particular boys, drop out from secondary education (CRC/C/MYS/CO/1, paragraph 73).

The Committee notes the Government’s information that it is committed to ensure adherence to compulsory primary education and that basic education is free at both the primary and secondary levels. The Government indicates that several factors explain the majority of dropout cases in Government and Government-assisted schools, which are mainly related to the students’ backgrounds and include poverty, attitudes toward education and students’ health. Lack of infrastructural amenities, such as poor methods of transportation, also make it difficult for students to attend school, thus contributing to the dropout rates. The Committee notes that, according to the National Report submitted in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of 19 November 2008, Malaysia has formulated an Education Development Master Plan (EDMP) of 2006–10, which outlines Malaysia’s initiatives in ensuring that all students receive fair and equal educational opportunities regardless of location, ability or ethnic background (A/HRC/WG.6/4/MYS/1/Rev.1, paragraph 34). Malaysia thus provides a comprehensive set of education support measures which include a textbook loan scheme, supplementary food plan, trust funds, scholarships, food assistance, transport assistance, monthly allowances for disabled students and tuition aid schemes. The Committee notes that, according to the UNESCO Education for All Global Monitoring Report of 2008 (UNESCO Report), Malaysia has made extraordinary progress in reducing the number of children not enrolled in education and universal primary education has been achieved. Indeed, the Committee notes that, according to the UNESCO Report, the net enrolment rate in primary education is 100 per cent. However, the Committee notes that, while the gross enrolment rate is 90 per cent at the lower secondary level, it is only 53 per cent at the upper secondary level. The Committee welcomes the efforts made by the Government and encourages it to pursue its efforts to improve the operation of the education system in the country, in particular by increasing school attendance at the secondary level and reducing school dropout rates. It requests the Government to provide information on the progress made in this regard and the results achieved.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee had previously noted that the Trafficking in Women and Children Report of the Human Rights Commission of Malaysia of 2004 shows that Malaysia is considered primarily a destination country for victims of trafficking. The findings of the report showed that, even if the trafficking involved mostly women over 18 years of age, a number of girls between 14 and 17 years of age were also reported to be victims of trafficking.

The Committee notes that, according to the Universal Periodic Review of Malaysia of 3 March 2009, the Anti-Trafficking in Persons Act came into force in 2008 (A/HCR/11/30, paragraph 58). It also notes that, according to the UNODC Global Report on Trafficking in Persons of 2009 (UNODC Report), a National Plan of Action to combat trafficking in persons was drafted in 2008. The UNODC Report further indicates that about 160 persons were convicted of “trafficking and abduction of children” between 2003 and 2006. Most of the persons convicted were involved in child trafficking for sexual exploitation, while two were exploiting children for forced labour. The Committee further notes that, according to the National Report submitted in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of 19 November 2008, Malaysia has set up three shelter homes to provide assistance and counselling to victims of trafficking in persons and established an Inter-Agency Committee on Protection and Rehabilitation of Trafficked Victims (A/HRC/WG.6/4/MYS/1/Rev.1, paragraph 92). Finally, the Committee notes the Government’s information that the shelter home for child victims of trafficking for exploitative purposes has been operational since March 2008 and has, thus far, received 13 rescued children. The Committee requests the Government to continue providing information on the number of children who have been withdrawn from trafficking and rehabilitated through the shelters homes established for that purpose and through the action of the Inter-Agency Committee on Protection and Rehabilitation of Trafficked Victims. The Committee further requests the Government to provide information on the measures taken within the framework of the National Plan of Action to combat trafficking in persons to ensure that child victims of trafficking for labour or commercial sexual exploitation are withdrawn and then rehabilitated.

Clause (d). Identifying and reaching out to children at special risk. Migrant children, street children and child domestic workers. The Committee notes that the Worker member of Indonesia indicated, at the Conference Committee for the Application of Standards, that the Indonesian National Commission for Child Protection (INCCP) reported, after a 2008 fact-finding mission to the plantations in Sabah, Malaysia, that tens of thousands of migrant workers’ children also worked in the plantations without regulated employment hours, which meant they worked all day long. Other sectors where migrant workers’ children were often found were family food businesses, night markets, small-scale industries, fishing, agriculture and catering. The INCCP Secretary-General stated that the children of migrant workers born under these conditions were not provided with birth certificates or any other type of identity document, effectively denying their right to education. Furthermore, in Sabah, an unknown number of children begged in the streets; estimates ranged from a few hundred to as many as 15,000 children. The Worker members emphasized the need to devote particular attention to migrant children and to children employed as domestic workers. The Committee reminds the Government that migrant children, street children and child domestic workers are particularly exposed to the worst forms of child labour and requests the Government to take effective and time-bound measures to ensure that these children are protected from the worst forms of child labour by withdrawing them from these vulnerable situations and rehabilitating them. It requests the Government to provide information on the results achieved.

Article 8. International cooperation and assistance. Regional cooperation. The Committee had previously noted that a Memorandum of Understanding (MOU) between Malaysia and Thailand was proposed as a beginning to reduce the flow of young girls into Malaysia and allow for an exchange of information in order to monitor traffickers’ actions. The Committee notes the Government’s information that the MOU between Malaysia and Thailand has been suspended. The Committee notes that the Worker member of Indonesia at the Conference Committee on the Application of Standards indicated that, in 2006, the Confederation of Indonesian Trade Unions established a partnership with the Malaysian Trade Union Congress (MTUC). Both parties signed an MOU to inform migrants from Indonesia going to Malaysia on the risks of migration, including the risk of their children becoming labourers. However, the Worker members noted that unions alone could not solve this problem and this problem could only be solved in a regional context. The Committee further notes that according to the National Report submitted in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of 19 November 2008, due to Malaysia’s porous borders, the influx of migrants, trafficked victims and refugees is increasing despite pledges by source states that they have taken progressive measures (A/HRC/WG.6/4/MYS/1/Rev.1, paragraph 94). The Committee therefore urges the Government to take measures to cooperate with the neighbouring countries, particularly Indonesia and Thailand, and therefore strengthen security measures with a view to bringing an end to child trafficking for labour or commercial sexual exploitation and to the engagement of child migrants in the worst forms of child labour.

Parts IV and V of the report form. Application of the Convention in practice. Following its previous comments, the Committee notes the Government’s information that the MWFCD is conducting a pilot study to develop a database on street children in Sabah. The Government also indicates that it will initiate the creation of a database on the phenomena of child trafficking, the commercial sexual exploitation of children and street children in Malaysia. Furthermore, the Committee notes that, according to the National Report submitted in accordance with paragraph 15(a) of the Annex to Human Rights Council Resolution 5/1 of 19 November 2008, Malaysia is currently setting up a One Stop Information Centre on trafficking in persons which will provide comprehensive information on the statistics of traffickers and victims. The Committee requests the Government to provide the statistics compiled in the framework of the database on child trafficking, the commercial sexual exploitation of children and street children in Malaysia, as well as through the One Stop Information Centre on trafficking in persons. The Committee also requests the Government to take measures to ensure that data on the number of children engaged in domestic work is available.

The Committee also strongly urges the Government to redouble its efforts and take the necessary measures to ensure that, during its review of the CYP Act by the tripartite technical committee set up for this purpose, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention, and amendments are made in this regard. The Committee once again requests the Government to provide information on any progress made in the review of the CYP Act in its next report.

Finally, in response to the Government’s request for technical assistance from the Office, the Committee requests the Office to take the necessary measures to respond positively.

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Article 3 of the Convention. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 17(1) and (2) of the Child Act of 2001 only refers indirectly to the use, procuring or offering of a child for the production of pornography or for pornographic performances and that there appear to be no specific provisions that explicitly prohibit and punish such acts committed by persons other than the child’s parents, guardian or extended family. The Committee further notes that the Committee on the Rights of the Child, in its concluding observations of 25 June 2007, expressed regret at the absence of specific legislation against Internet-related sexual offences, including child pornography (CRC/C/MYS/CO/1, paragraph 99). Noting the lack of information on this point, the Committee requests the Government to take immediate measures to ensure that the use, procuring or offering by anyone of a child under 18 years of age for the production of pornography or for pornographic performances is prohibited, as a matter of urgency.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 32 of the Child Act of 2001 punishes anyone who causes or procures or allows any person under 18 years of age to be on any street, premises or place for the purposes of “carrying out illegal hawking, illegal lotteries or gambling, or other illegal activities detrimental to the health or welfare of the child”. However, the Committee had noted that there seem to be no specific provisions which explicitly prohibit the use, procuring or offering of a child for the production and trafficking of drugs. It had accordingly asked the Government to provide information on the meaning of “illegal activities detrimental to the health or welfare of the child” pursuant to section 32. Noting the absence of information on this point, the Committee once again requests the Government to take immediate measures to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited, as a matter of urgency.

Clause (d) and Article 4, paragraph 1. Hazardous work and determination of hazardous work. The Committee had previously noted that the relevant legislation does not contain any provisions prohibiting young people under 18 years of age from being employed in types of work likely to harm their health, safety or morals. The Committee had also noted that the Children and Young Persons (Employment) Act of 1966 (CYP Act) does not provide for a list of types of hazardous work to be prohibited for children under 18 years of age. It had reminded the Government that Article 4, paragraph 1, of the Convention states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee had noted the Government’s statement that Paragraph 3 of Recommendation No. 190 will be analysed and incorporated into the review of the CYP Act carried out by the tripartite committee set up for this purpose, after consultations with employers’ and workers’ organizations.

The Committee notes that, in its report under the Minimum Age Convention, 1973 (No. 138), the Government refers to two prohibitions provided for in the CYP Act, for children and young persons: (i) managing or being in close proximity to machinery; and (ii) working underground. The Committee observes that section 2(5) of the CYP Act provides that no child or young person shall be, or required or permitted to be, engaged in any employment contrary to the provisions of the Factories and Machinery Act, 1967, or the Electricity Act, 1949, or in any employment requiring them to work underground. The Committee notes that section 1A(1) of the CYP Act defines a “child” as being any person who has not completed their 14th year of age, and a “young person” as being any person who has not completed their 16th year of age. Furthermore, the Committee observes that, in its concluding observations of 25 June 2007, the Committee on the Rights of the Child expressed alarm at the high number of migrant domestic workers, including child domestic workers, who work under conditions that are hazardous and interfere with the child’s education, and are harmful to the child’s health and physical, mental, spiritual, moral or social development (CRC/C/MYS/CO/1, paragraph 91). The Committee once again reminds the Government that, by virtue of Article 3(d) of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. The Committee requests the Government to take immediate measures to ensure that children under 18 years of age do not carry out work which is likely to harm their health, safety or morals, as a matter of urgency. It also requests the Government to take immediate measures to adopt a list of types of hazardous work in the very near future and to provide a copy of the list once it has been adopted, after consultations with the organizations of employers and workers concerned.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken or envisaged to identify where the types of hazardous work exist, in consultation with the organizations of employers and workers concerned. Noting the lack of information on this point, the Committee once again requests the Government to provide information on whether hazardous types of work have been identified by the Department of Safety and Health pursuant to Article 4, paragraph 2, of the Convention.

Article 5. Monitoring mechanisms. The Committee had previously noted that, by virtue of section 3 of the Child Act of 2001, a “coordinating council for the protection of children” will be established. The Committee notes the Government’s information that the Coordinating Council for the Protection of Children (CCPC) was indeed established, which is the main body mandated to advise the Minister of Women, Family and Community Development on all aspects of child protection. The CCPC also provides advice on the management of child protection teams throughout the country. The Committee further notes the Government’s information that the National Advisory and Consultative Council for Children (NACCC), that was established in 2001, acts as a focal point for children’s well-being and development, in line with the Convention on the Rights of the Child and the National Action Plan for Children. The Committee requests the Government to provide information on the measures taken by the CCPC and the NACCC to secure the prohibition and elimination of the worst forms of child labour.

Article 6. Programmes of action. The Committee had previously noted that the Ministry of Human Resources was working with other authorities to design a national plan of action for children. It notes that, according to the concluding observations of 25 June 2007 of the Committee on the Rights of the Child, a National Plan of Action for Children by the Ministry of Women, Family and Community Development is currently under way and will be streamlined with the National Child Policy (CRC/C/MYS/CO/1, paragraph 17). The Committee requests the Government to provide information on the National Plan of Action for Children and on any relevant impact on the elimination of the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that sections 32(b), 43 and 48 of the Child Act of 2001, and sections 367, 370 and 372–374 of the Penal Code, establish sufficiently effective and dissuasive penalties of imprisonment and fines for breach of the provisions prohibiting: the sale and trafficking of children for the purposes of sexual and labour exploitation; the procuring of a child for the purpose of begging or carrying out illicit activities; the kidnapping or abduction of a person for the purpose of slavery; and the exploitation and the incitement of a person for the purpose of prostitution. The Committee notes the concern expressed by the Committee on the Rights of the Child, in its concluding observations of 25 June 2007, that the enforcement of ILO Convention No. 182 remains weak. The Committee reminds the Government that, by virtue of Article 7, paragraph 1, of the Convention, ratifying countries are required to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including through the provision and application of penal sanctions. It accordingly requests the Government to take the necessary measures to ensure that a person found to be in breach of the provisions relating to the worst forms of child labour mentioned above is prosecuted and that adequate penalties are imposed. It once again requests the Government to provide information on the application of these penalties in practice including the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Prevention of the engagement of children in the worst forms of child labour. Education. The Committee notes that, according to the concluding observations of the Committee on the Rights of the Child of 25 June 2007, the enrolment rate of girls and boys in primary education is relatively equal. However, the Committee on the Rights of the Child expressed regret that, according to estimates, 200,000 children of primary-school age are not attending school. The Committee on the Rights of the Child also expressed concern at the regional disparities in the drop-out rates. For example, the proportion of children reaching grade 5 in Sabah has decreased significantly. Furthermore, the Committee on the Rights of the Child also expressed its regret that many children, in particular boys, drop out from secondary education (CRC/C/MYS/CO/1, paragraph 73). In view of the fact that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee strongly encourages the Government to take measures to ensure free basic education and to keep children in school. The Committee also asks the Government to supply updated data on the enrolment and drop-out rates in school.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. In its previous comments, the Committee had noted that the Trafficking in Women and Children Report of the Human Rights Commission of Malaysia (SUHAKAM) of 2004, shows that Malaysia is considered primarily a destination country for victims of trafficking, so that the majority of child victims of trafficking in Malaysia are foreign girls. The findings of the report showed that, even if the trafficking involved mostly women over 18 years of age, a number of girls between 14 and 17 years of age were also reported to be victims of trafficking. The Committee had noted that, according to this source, a “Forum on Trafficking in Women and Children – A Cross-Border and Regional Perspective” was organized and held by SUHAKAM in April 2004, in order to forge a national and regional collaborative response to trafficking. The central aim of the Forum was to facilitate discussion on steps taken or required at the national and regional levels against the backdrop of developments and various measures and programmes were envisaged.

The Committee notes the Government’s information that the Ministry of Women, Family and Community Development has undertaken steps to address issues relating to human trafficking since 2005, with the collaboration of other ministries, agencies and non-governmental organizations, including establishing shelter homes for women and child victims of trafficking and training enforcement officers. The Committee notes that, according to the Committee on the Rights of the Child, in its concluding observations of 25 June 2007, a Coordinating Committee on Trafficking was established in July 2006 (CRC/C/MYS/CO/1, paragraph 95). Furthermore, the Government indicates in its report that the Anti-Trafficking in Persons Bill was passed by Parliament on 24 May 2007, and published in July 2007. Under the Anti-Trafficking in Persons Act, a Council for Anti-Trafficking in Persons shall be established to, among other things, coordinate the implementation of the Act, formulate and oversee the implementation of a national plan of action on the prevention and suppression of the trafficking of persons and provide care, support and protection to victims of trafficking. However, the Committee notes the grave concern expressed by the Committee on the Rights of the Child on the absence of a specific law and policy to combat inter-country trafficking (CRC/C/MYS/CO/1, paragraph 95). The Committee requests the Government to provide information on the concrete impact of the abovementioned measures on the rehabilitation and social integration of children under 18 who are victims of trafficking, and the results attained. The Committee also asks the Government to take effective and time-bound measures to ensure that children under 18 years of age who are victims of inter-country trafficking are rehabilitated and integrated, and to provide information on progress made in this regard.

Article 8. International cooperation and assistance. Regional cooperation. The Committee had previously noted that a Memorandum of Understanding (MOU) between Malaysia and Thailand was proposed as a beginning to reduce the flow of young girls into Malaysia and allow for an exchange of information in order to monitor traffickers’ actions. Noting the lack of information on this point, the Committee once again asks the Government to provide further information on this MOU and its impact towards eliminating the trafficking of children under 18 years of age for labour or sexual exploitation.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that, in its concluding observations of 25 June 2007, the Committee on the Rights of the Child expressed regret that Malaysia could not present studies on the extent and nature of the problem of children living and/or working in the streets, particularly in Sabah (CRC/C/MYS/CO/1, paragraph 93). The Committee on the Rights of the Child also expressed regret at the insufficient data on child victims of trafficking for exploitative purposes and the sexual exploitation of children (CRC/C/MYS/CO/1, paragraph 25). The Committee notes the Government’s information that the Council for Anti-Trafficking of Persons that shall be established under the Anti-Trafficking in Persons Act will collect data, information and research on the prevention and suppression of trafficking in persons. The Committee urges the Government to take measures to ensure that sufficient data on the phenomena of child trafficking, the commercial sexual exploitation of children and street children is available. The Committee also once again requests the Government to supply, as soon as this information becomes available, copies or extracts from official documents including inspection reports, studies and inquiries.

The Committee also urges the Government to ensure that, during its review of national legislation including the CYP Act, due consideration is given to the Committee’s detailed comments on the discrepancies between national legislation and the Convention. The Committee requests the Government to provide information on any progress made in this regard in its next report and once again invites the Government to consider seeking technical assistance from the ILO.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 3. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 17(1) and (2) of the Child Act of 2001 only refers indirectly to the use, procuring or offering of a child for the production of pornography or for pornographic performances. According to section 17(1) of the Child Act of 2001, a child is in need of special care and protection if there is a substantial risk that the child will be sexually abused by his parents or guardian or a member of the child’s extended family. Section 17(2) of this Act specifies that a child is sexually abused if the child has taken part, whether as a participant or an observer, in any activity for the purposes of any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance. The Committee had noted that there appears to be no specific provisions that explicitly prohibit and punish the use, procuring or offering of a child for the production of pornography or for pornographic performances by persons other than the child’s parents, guardian or extended family. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering by anyone of a child under 18 years of age for the production of pornography or for pornographic performances is prohibited and appropriate sanctions provided for in national legislation.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 32 of the Child Act of 2001, punishes anyone who causes or procures or allows any person under 18 years of age to be on any street, premises or place for the purposes of “carrying out illegal hawking, illegal lotteries or gambling, or other illegal activities detrimental to the health or welfare of the child”. However, the Committee had noted that there seem to be no specific provisions, which explicitly prohibit the use, procuring or offering of a child for the production and trafficking of drugs. It had accordingly asked the Government to provide information on the meaning of “illegal activities detrimental to the health or welfare of the child” pursuant to section 32. Noting the absence of information on this point, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited.

Clause (d). Hazardous work. The Committee had previously noted that the relevant legislation does not contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. It reminded the Government that, by virtue of Article 3(d), of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age do not carry out work which is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that the Children and Young Persons (Employment) Act does not provide for a list of types of hazardous work to be prohibited for children under 18 years of age. It had reminded the Government that Article 4, paragraph 1, of the Convention states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3, of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee had noted that a tripartite committee had been set up by the Ministry of Human Resources to most probably review the Children and Young Persons (Employment) Act in 2004. The Committee noted the Government’s statement that Paragraph 3 of Recommendation No. 190 will be analysed and incorporated into the review by the tripartite committee after consultations with the employers’ and workers’ representatives. The Committee hopes that the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted after consultations with the organizations of employers and workers concerned.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken or envisaged to identify where the types of hazardous work exist, in consultation with the organizations of employers and workers concerned. It noted the Government’s information that the issue comes under the purview of the Department of Safety and Health. The Committee once again requests the Government to provide information on whether hazardous types of work have been identified by the Department of Safety and Health pursuant to Article 4, paragraph 2, of the Convention.

Article 5. Monitoring mechanisms. The Committee had previously noted that by virtue of section 3 of the Child Act of 2001, a “coordinating council for the protection of children” will be established. It will be responsible for: advising the minister on all aspects of child protection; developing programmes to educate the public on the prevention of child abuse and neglect; designing an efficient and effective management system throughout Malaysia which incorporates information channels for reporting cases of children in need of protection. The Committee asks once again the Government to indicate whether this coordinating council has been established and, if so, to provide information on the measures taken by it to secure the prohibition and elimination of the worst forms of child labour.

Article 6. Programmes of action. The Committee had previously noted that the Ministry of Human Resources was working with other authorities to design a national plan of action for children. It had requested the Government to indicate whether this plan of action had been established. The Committee noted the Government’s information that the matter relates to policy and should be referred to the Labour Policy Division. The Committee recalled that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to provide further information, including information from the Labour Policy Division, on any developments regarding the adoption of the national plan of action for children, and any other programmes of action to eliminate the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that sections 32(b), 43 and 48 of the Child Act of 2001, and sections 367, 370 and
372–374 of the Penal Code, establish sufficiently effective and dissuasive penalties of imprisonment and fines for breach of the provisions prohibiting: the sale and trafficking of children for the purposes of sexual and labour exploitation; the procuring of a child for the purpose of begging or carrying out illicit activities; the kidnapping or abduction of a person for the purpose of slavery; and the exploitation and the incitement of a person for the purpose of prostitution. The Committee had requested the Government to provide information on the practical application of these penalties. It noted the Government’s statement that the question relates to the Child Act of 2001 and the Penal Code, and therefore the views of the respective departments should be obtained. The Committee once again requests the Government to provide information on the application of these penalties in practice, including information from the relevant departments.

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted the Government’s statement that the Labour Department is enforcing the Children and Young Persons (Employment) Act of 1966 through inspections and complaints. It also noted the Government’s information that educational programmes for employers through courses, advisory services, counselling and dialogues are held from time to time. However, the Committee noted the absence of information in the Government’s report on the existence of time-bound and effective measures: (a) preventing the engagement of children on the worst forms of child labour; (c) ensuring access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking into account the special situation of girls. It requests once again the Government to supply information on the measures taken or envisaged, as required under Article 7, paragraph 2(a), (c), (d) and (e), of the Convention, to prevent the potential occurrence of the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee noted that the Trafficking in Women and Children Report of the Human Rights Commission of Malaysia (SUHAKAM) of 2004, shows that Malaysia is considered primarily a destination country for trafficking victims, so that the majority of child victims of trafficking in Malaysia are foreign girls. The findings of the report show that, even if women over 18 years were prevalently found to be trafficked, a number of girls between 14 and 17 years of age were also reported to be victims of trafficking. The Committee noted that, according to this source, a “Forum on Trafficking in Women and Children – A Cross-Border and Regional Perspective” was organized and held by SUHAKAM in April 2004, in order to forge a national and regional collaborative response to trafficking. The central aim of the Forum was to facilitate discussion on steps taken or required at the national and regional levels against the backdrop of developments.

The Committee noted particularly that, in the context of this Forum, various measures and programmes were envisaged, providing for: (a) developing a national programme of action and a national task force on trafficking, aimed at preventing and controlling trafficking and repatriating victims; (b) ratifying the UN Protocol on trafficking; (c) strengthening law enforcement, with particular regard to prevention of trafficking; (d) creating a trafficking unit at the police headquarters aimed at identifying trafficked persons; (e) searching collaboration from NGOs; (f) decriminalizing victims of trafficking; (g) ensuring the repatriation and reintegration of trafficked victims; (h) strengthening the role of the local policy; (i) reviewing the relevant legislation especially with regard to the punishment for those who receive services and the guarantee of legal protection for victims; (l) adopting an anti-trafficking act; (m) promoting campaigns for raising awareness on trafficking; and (n) learning from the good practices of other countries. The Committee requests the Government to provide information on any developments regarding the abovementioned programmes, indicating their impact on the rehabilitation and social integration of children below 18 who are victims of trafficking.

Article 8. International cooperation and assistance. Regional cooperation. The Committee noted that, according to the Forum on Trafficking in Women and Children held by SUHAKAM in 2004, a Regional Trafficking in Persons Information Centre was projected. In addition, a Memorandum of Understanding (MOU) between Malaysia and Thailand was proposed as a beginning to reduce the flow of young trafficked girls into Malaysia and allow for the exchange of information in order to monitor the traffickers’ actions. The Committee asks the Government to provide further information on this MOU and its impact towards eliminating the worst forms of child labour.

Parts IV and V of the report form. The Committee noted the Government’s statement that the specific statistics requested are not available. The Committee once again requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply, as soon as this information becomes available, copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

The Committee had previously noted that the Government intended to review its labour legislation, including the Children and Young Persons (Employment) Act of 1966. It had accordingly encouraged the Government to take into consideration, during this review, the Committee’s comments on discrepancies between national legislations and the Convention. The Committee had also asked the Government to inform it of any progress made in amending national legislation and invited it to consider technical assistance from the ILO. The Committee notes the Government’s statement that technical assistance from the ILO would be appreciated.

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Article 2 of the Convention. Definition of a child. The Committee had previously noted that the Children and Young Persons (Employment) Act of 1966, defines a "child" as a person under the age of 14 and a "young person" as a person aged 14 to 16 years, while the Child Act defines a "child" as a person under the age of 18. It had noted that the relevant legislation does not provide for a comprehensive definition of a child. The Committee notes the Government’s statement that the Child Act of 2001 serves a different objective than the Children and Young Persons (Employment) Act of 1966, in that the latter focuses on the employment aspects of children and young persons. The Committee takes due note of this information.

Article 3. Worst forms of child labour. Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee had previously noted that section 17(1) and (2) of the Child Act of 2001 only refers indirectly to the use, procuring or offering of a child for the production of pornography or for pornographic performances. According to section 17(1) of the Child Act of 2001, a child is in need of special care and protection if there is a substantial risk that the child will be sexually abused by his parents or guardian or a member of the child’s extended family. Section 17(2) of this Act specifies that a child is sexually abused if the child has taken part, whether as a participant or an observer, in any activity for the purposes of any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance. The Committee had noted that there appears to be no specific provisions that explicitly prohibit and punish the use, procuring or offering of a child for the production of pornography or for pornographic performances by persons other than the child’s parents, guardian or extended family. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that the use, procuring or offering by anyone of a child under 18 years of age for the production of pornography or for pornographic performances is prohibited and appropriate sanctions provided for in national legislation.

Clause (c). Use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee had previously noted that section 32 of the Child Act of 2001, punishes anyone who causes or procures or allows any person under 18 years of age to be on any street, premises or place for the purposes of "carrying out illegal hawking, illegal lotteries or gambling, or other illegal activities detrimental to the health or welfare of the child". However, the Committee had noted that there seem to be no specific provisions, which explicitly prohibit the use, procuring or offering of a child for the production and trafficking of drugs. It had accordingly asked the Government to provide information on the meaning of "illegal activities detrimental to the health or welfare of the child" pursuant to section 32. Noting the absence of information on this point, the Committee requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs, is prohibited.

Clause (d). Hazardous work. The Committee had previously noted that the relevant legislation does not contain any provisions prohibiting young persons under 18 years of age from being employed in types of work likely to jeopardize their health, safety or morals. It reminds the Government that, by virtue of Article 3(d), of the Convention, hazardous work constitutes one of the worst forms of child labour and consequently shall be prohibited for children under 18 years of age. The Committee once again requests the Government to indicate the measures taken or envisaged to ensure that children under 18 years of age do not carry out work which is likely to harm their health, safety or morals.

Article 4, paragraph 1. Determination of hazardous work. The Committee had previously noted that the Children and Young Persons (Employment) Act does not provide for a list of types of hazardous work to be prohibited for children under 18 years of age. It had reminded the Government that Article 4, paragraph 1, of the Convention states that the types of work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3, of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee had noted that a tripartite committee had been set up by the Ministry of Human Resources to most probably review the Children and Young Persons (Employment) Act in 2004. The Committee notes the Government’s statement that Paragraph 3 of Recommendation No. 190 will be analysed and incorporated into the review by the tripartite committee after consultations with the employers’ and workers’ representatives. The Committee hopes that the list of the types of hazardous work will be adopted promptly and requests the Government to send a copy of the list once it has been adopted after consultations with the organizations of employers and workers concerned.

Article 4, paragraph 2. Identification of hazardous work. The Committee had previously requested the Government to provide information on the measures taken or envisaged to identify where the types of hazardous work exist, in consultation with the organizations of employers and workers concerned. It notes the Government’s information that the issue comes under the purview of the Department of Safety and Health. The Committee once again requests the Government to provide information on whether hazardous types of work have been identified by the Department of Safety and Health pursuant to Article 4, paragraph 2, of the Convention.

Article 5. Monitoring mechanisms. The Committee had previously noted that by virtue of section 3 of the Child Act of 2001, a "coordinating council for the protection of children" will be established. It will be responsible for: advising the minister on all aspects of child protection; developing programmes to educate the public on the prevention of child abuse and neglect; designing an efficient and effective management system throughout Malaysia which incorporates information channels for reporting cases of children in need of protection. The Committee asks once again the Government to indicate whether this coordinating council has been established and, if so, to provide information on the measures taken by it to secure the prohibition and elimination of the worst forms of child labour.

Article 6. Programmes of action. The Committee had previously noted that the Ministry of Human Resources was working with other authorities to design a national plan of action for children. It had requested the Government to indicate whether this plan of action had been established. The Committee notes the Government’s information that the matter relates to policy and should be referred to the Labour Policy Division. The Committee recalls that Article 6 of the Convention requires ratifying member States to take measures to design and implement programmes of action to eliminate as a priority the worst forms of child labour and that Article 1 requires the Government to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee requests the Government to provide further information, including information from the Labour Policy Division, on any developments regarding the adoption of the national plan of action for children, and any other programmes of action to eliminate the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Committee had previously noted that sections 32(b), 43 and 48 of the Child Act of 2001, and sections 367, 370 and 372-374 of the Penal Code, establish sufficiently effective and dissuasive penalties of imprisonment and fines for breach of the provisions prohibiting: the sale and trafficking of children for the purposes of sexual and labour exploitation; the procuring of a child for the purpose of begging or carrying out illicit activities; the kidnapping or abduction of a person for the purpose of slavery; and the exploitation and the incitement of a person for the purpose of prostitution. The Committee had requested the Government to provide information on the practical application of these penalties. It notes the Government’s statement that the question relates to the Child Act of 2001 and the Penal Code, and therefore the views of the respective departments should be obtained. The Committee once again requests the Government to provide information on the application of these penalties in practice, including information from the relevant departments.

Article 7, paragraph 2. Effective and time-bound measures. The Committee notes the Government’s statement that the Labour Department is enforcing the Children and Young Persons (Employment) Act of 1966 through inspections and complaints. It also notes the Government’s information that educational programmes for employers through courses, advisory services, counselling and dialogues are held from time to time. However, the Committee notes the absence of information in the Government’s report on the existence of time-bound and effective measures: (a) preventing the engagement of children on the worst forms of child labour; (c) ensuring access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identifying and reaching out to children at special risk; and (e) taking into account the special situation of girls. It requests once again the Government to supply information on the measures taken or envisaged, as required under Article 7, paragraph 2(a), (c), (d) and (e), of the Convention, to prevent the potential occurrence of the worst forms of child labour.

Clause (b). Direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration. Child victims of trafficking. The Committee notes that the Trafficking in Women and Children Report of the Human Rights Commission of Malaysia (SUHAKAM) of 2004, shows that Malaysia is considered primarily a destination country for trafficking victims, so that the majority of child victims of trafficking in Malaysia are foreign girls. The findings of the report show that, even if women over 18 years were prevalently found to be trafficked, a number of girls between 14 and 17 years of age were also reported to be victims of trafficking. The Committee notes that, according to this source, a "Forum on Trafficking in Women and Children - A Cross-Border and Regional Perspective" was organized and held by SUHAKAM in April 2004, in order to forge a national and regional collaborative response to trafficking. The central aim of the Forum was to facilitate discussion on steps taken or required at the national and regional levels against the backdrop of developments.

The Committee notes particularly that, in the context of this Forum, various measures and programmes were envisaged, providing for: (a) developing a national programme of action and a national task force on trafficking, aimed at preventing and controlling trafficking and repatriating victims; (b) ratifying the UN Protocol on trafficking; (c) strengthening law enforcement, with particular regard to prevention of trafficking; (d) creating a trafficking unit at the police headquarters aimed at identifying trafficked persons; (e) searching collaboration from NGOs; (f) decriminalizing victims of trafficking; (g) ensuring the repatriation and reintegration of trafficked victims; (h) strengthening the role of the local policy; (i) reviewing the relevant legislation especially with regard to the punishment for those who receive services and the guarantee of legal protection for victims; (l) adopting an anti-trafficking act; (m) promoting campaigns for raising awareness on trafficking; and (n) learning from the good practices of other countries. The Committee requests the Government to provide information on any developments regarding the abovementioned programmes, indicating their impact on the rehabilitation and social integration of children below 18 who are victims of trafficking.

Article 8. International cooperation and assistance. Regional cooperation. The Committee notes that, according to the Forum on Trafficking in Women and Children held by SUHAKAM in 2004, a Regional Trafficking in Persons Information Centre was projected. In addition, a Memorandum of Understanding (MOU) between Malaysia and Thailand was proposed as a beginning to reduce the flow of young trafficked girls into Malaysia and allow for the exchange of information in order to monitor the traffickers’ actions. The Committee asks the Government to provide further information on this MOU and its impact towards eliminating the worst forms of child labour.

Parts IV and V of the report form. The Committee notes the Government’s statement that the specific statistics requested are not available. The Committee once again requests the Government to provide information on the application of the Convention in practice and on any practical difficulties encountered in the application of the Convention. The Committee also asks the Government to supply, as soon as this information becomes available, copies or extracts from official documents including inspection reports, studies and inquiries and, where such statistics exist, information on the nature extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penalties applied.

The Committee had previously noted that the Government intended to review its labour legislation, including the Children and Young Persons (Employment) Act of 1966. It had accordingly encouraged the Government to take into consideration, during this review, the Committee’s comments on discrepancies between national legislations and the Convention. The Committee had also asked the Government to inform it of any progress made in amending national legislation and invited it to consider technical assistance from the ILO. The Committee notes the Government’s statement that technical assistance from the ILO would be appreciated.

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The Committee takes note of the Government’s first and second reports, and requests it to supply further information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the Government’s indication that a tripartite committee has been set up by the Ministry of Human Resources to review all labour legislation and that it most probably will review in 2004 the Children and Young Persons (Employment) Act, 1966. It also notes that, by virtue of section 3 of the Child Act, 2001, a "coordinating council for the protection of children" shall be established. It shall be responsible for advising the Minister on all aspects of child protection, to develop programmes to educate the public on the prevention of child abuse and neglect, design an efficient and effective management system throughout Malaysia incorporating information channels for reporting cases of children in need of protection. The Committee requests the Government to indicate whether the coordinating council for the protection of children has been established, and if so, to provide information on the measures taken by it to secure the prohibition and elimination of the worst forms of child labour.

Article 2. Definition of a child. The Committee notes the Government’s report indicating that under section 1A(1) of the Children and Young Persons (Employment) Act, 1966, a "child" is a person below the age of 14 years and a "young person" is a person aged 14 to 16 years. However, the Committee also observes that according to section 2(1) of the Child Act, 2001, a "child" means a person under the age of 18. The Committee thus observes that the law does not provide for a comprehensive and unique definition of a child. Recalling that, under this Article of the Convention, the term "child" shall apply to all persons under the age of 18, the Committee requests the Government to take the necessary measures to harmonize the provisions of its legislation and to ensure that the term "child" shall apply to all persons under 18 years of age for the purposes of the Convention.

Article 3. Worst forms of child labour. Clause (a). 1. All forms of slavery or practices similar to slavery. The Committee notes that the Government’s report does not provide any information on this issue. However, it notes that article 6 of the Constitution provides that no person shall be held in slavery and prohibits forced labour. It further notes that under section 370 of the Penal Code, it is prohibited to import, export, remove, buy, sell or dispose of any person as a slave; under section 367 it is forbidden to kidnap or abduct a person in order for that person to be subject to grievous hurt or slavery. It observes that section 374 of the Penal Code states that anyone who unlawfully compels a person to work against the will of that person shall be punished with imprisonment for a term which may extend to one year and/or a fine. Moreover, the Committee observes that the sale and trafficking of children is expressly prohibited by section 48 of the Child Act, 2001, noting that a child means any person under 18 years of age for the purpose of this Act. The Committee requests the Government to provide information on the practical application of the abovementioned provisions prohibiting slavery, forced labour, and the sale and trafficking of children.

Clause (b). 1. The use, procuring or offering of a child for prostitution. The Committee notes the absence of information in the Government’s report on this issue. However, it observes that the Child Act, 2001, sets detailed provisions under section 43(1)(a) prohibiting the procurement, sale, hiring or otherwise disposing of or buying of a child with the intent that he/she will be employed or used for the purpose of prostitution either within or outside the country. It also notes that under section 43(1)(f) and (g), any person who detains a child in a brothel against the child’s will or in any other places with intent that the child will be employed or used for the purposes of prostitution or for any unlawful or immoral purposes commits an offence and is liable to a fine not exceeding 50,000 ringgit and imprisonment for a term of not less than three years but not more than 15 years. The Committee requests the Government to provide information on the practical application of these provisions.

2. The use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee notes the absence of information in the Government’s report on this issue. However, it observes that the Child Act, 2001, refers indirectly to the use, procuring or offering of a child for the production of pornography or for pornographic performances. Indeed, according to section 17(1) of the Child Act, 2001, a child is in need of special care and protection if there is a substantial risk that the child will be sexually abused by his parents or guardian or a member of his/her extended family. Section 17(2) of the Child Act, 2001, specifies that a child is sexually abused if he/she has taken part, whether as a participant or an observer, in any activity for the purpose of any pornographic, obscene or indecent material, photograph, recording, film, videotape or performance. The Committee requests the Government to provide information on the application of the abovementioned provisions in practice. Noting that there appear to be no provisions that specifically prohibit and punish the exploitation of child pornography, the Committee also requests the Government to provide information on the measures taken or envisaged to ensure that the use, procuring or offering of a child by anyone for the production of pornography or for pornographic performances are prohibited and sanctioned.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee notes the absence of information in the Government’s report on the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee, however, notes that section 32 of the Child Act, 2001, provides penalties for anyone who causes or procures or allows any child (a person under 18, according to section 2(1)(e) of the Act) to be on any street, premises or place for the purposes of "carrying out illegal hawking, illegal lotteries or gambling or other illegal activities detrimental to the health or welfare of the child". The Committee recalls that by virtue of Article 3(c) of the Convention, the use, procuring, offering of a child for illicit activities, in particular for the production and trafficking of drugs, is considered to be one of the worst forms of child labour, and therefore prohibited for children under 18 years of age. The Committee asks the Government to provide information on the meaning and activities falling under "illegal activities detrimental to the health or welfare of the child" (section 32 of the Child Act, 2001).

Clause (d). Hazardous work. The Committee notes that section 2(1) of the Children and Young Persons (Employment) Act provides that no child or young person shall be, or be required or permitted to be engaged in any employment other than those specified in this section. The Act outlines the types and nature of work that a young person is allowed to be engaged in. The Committee notes that, by virtue of section 2(3) of the Act, a young person may be employed: (a) as a domestic servant; (b) in any office, shops (including hotels, bars, restaurants), factories, theatres, clubs or association; (c) in industrial undertakings suitable to his/her capacity; and (d) on any vessel under the personal charge of his/her parents or guardian. However, section 3 of the Children and Young Persons (Employment) Act further stipulates that no female under 16 years of age may be employed in hotels, bars, restaurants or clubs unless such establishments are under the management or control of the parents or guardian. The Committee notes that according to section 1A(1) of the Children and Young Persons (Employment) Act, a child means any person who has not completed his/her 14 years of age and a young person refers to any person who, not being a child, has not completed 16 years of age. The Committee observes that section 2(5) of the Children and Young Persons (Employment) Act states that a person aged 16 may perform underground work and that section 28 of the Factory and Machinery Act, 1967, stipulates that a young person (i.e. a person under 16 years of age according to section 3) shall not carry out work involving the management of, or attendance on, or proximity to, any machinery. The Committee recalls that by virtue of Article 3, paragraph (d), of the Convention, work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety and morals of children is considered to be one of the worst forms of child labour and consequently forbidden for children under 18 years of age. The Committee requests the Government to indicate the measures taken or envisaged to ensure that hazardous work is not performed by children under 18 years of age.

Article 4, paragraph 1. Determination of hazardous work. The Committee notes the Government’s indication in its report that the Children and Young Persons (Employment) Act, 1966, stipulates that no child or young person shall be required or permitted to engage in any employment other than those specified in section 2(1). The Committee notes that the Children and Young Persons (Employment) Act, 1966, does not provide for a list of types of work, which by their nature or the circumstances in which they are carried out, are likely to harm the health, safety or morals of children but rather authorizes children to perform certain types of work. This Act enumerates the types of work that a young person may undertake. The Committee observes that a young person may perform a wide range of activities and work in different places, including clubs, bars or underground work. The Committee recalls that by virtue of Article 4, paragraph 1, of the Convention, the types of hazardous work referred to under Article 3(d) shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). In this regard, the Committee draws the Government’s attention to Paragraph 3 of Recommendation No. 190 which provides that in determining the types of such hazardous work, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, under water, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; and (e) work under particularly difficult conditions, such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. Noting that a tripartite committee has been set up by the Ministry of Human Resources to review all labour legislation and that it most probably will review in 2004 the Children and Young Persons (Employment) Act, 1966, the Committee hopes that the Government will take due consideration of its comments so as to bring the legislation in line with the Convention.

Paragraph 2. Identification of hazardous work. The Committee notes the absence of information in the Government’s report on efforts made to identify where work exists that, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. The Committee reminds the Government that according to Article 4, paragraph 2, of the Convention, the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of hazardous work exist. The Committee requests the Government to provide information on the measures taken or envisaged to identify where hazardous work exists, in consultation with the organizations of employers and workers concerned.

Paragraph 3. Periodic examination of the list of hazardous work. The Committee notes the Government’s statement in its report that no periodical examination has occurred so far on the types of work which are harmful to the health of the workers. It also notes that the Children and Young Persons (Employment) Act which refers to hazardous occupations dates back to 1966. The Committee therefore recalls that Article 4, paragraph 3, of the Convention provides that the list of types of work determined as hazardous shall be periodically examined and revised as necessary, in consultation with the organizations of employers and workers concerned. The Committee accordingly asks the Government to provide information on the measures taken or envisaged to examine and revise the list of hazardous work, where necessary, in the light of scientific and technical developments.

Article 5. Monitoring mechanisms. The Committee notes the Government’s indication in its report that labour officers from the Department of Labour are empowered to carry out labour inspections to ensure that no children and young persons are exploited. The Government also indicates that the Department of Labour is also empowered to prosecute any violation of the provisions of the Children and Young Persons (Employment) Act, 1966. The Committee also notes that a police officer may investigate, arrest or search violations of the Child Act, 2001, by virtue of sections 109 and 110. The police officer’s powers are wide: he/she may, without a warrant, arrest any person he/she reasonably believes has committed or attempted to commit an offence laid down in this Act; he/she may also, with a warrant, for instance, enter and search premises, inspect, make copies of any books or records, search and remove the child who is in need of protection. The Committee asks the Government to provide information on the inspections carried out by the Labour Inspectorate and the police officers regarding infringements of the national provisions giving effect to the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes the Government’s statement in its report that the Ministry of Human Resources works hand in hand with other authorities to design a national plan of action for children. It also indicates that no other programme has been developed so far by the Department of Labour. The Committee asks the Government to indicate whether the national plan of action for children has been established and to provide information on the objectives and scope of it.

Article 7, paragraph 1. Sanctions. The Committee notes that the Child Act, 2001, provides for penalties in case of violations of its provisions. For instance, a person who sells, buys or otherwise obtains possession, procures or detains a child in a brothel or in any other places against the child’s will for the purpose of prostitution or for any unlawful or immoral purpose is liable to a fine not exceeding 50,000 ringgit and/or to imprisonment for a term not exceeding 15 years (section 43). The Act also provides that any person who sells or transfers a child for any valuable consideration shall on conviction be liable to a fine not exceeding 10,000 ringgit and/or to imprisonment for a term not exceeding five years (section 48). The procurement of a child for the purpose of begging or carrying out illegal activities detrimental to the health and welfare of the child shall, on conviction, be liable to a fine not exceeding 5,000 ringgit and/or to imprisonment for a term not exceeding two years (section 32(b)). The Committee also observes that section 125 of the Child Act, 2001, provides that if no penalty is expressly provided for an offence laid down in this Act, the offender shall be liable to a fine not exceeding 5,000 ringgit and/or to imprisonment for a term not exceeding two years. It further notes that the Penal Code provides for penalties in case of violations of the provisions prohibiting forced labour (section 374), buying or disposing of any person as a slave (section 370), kidnapping or abducting a person for the purpose of slavery (section 367), exploiting a person for the purpose of prostitution (section 372), soliciting a person for prostitution (section 372(b)), owning or managing a brothel (section 373). Although the penalties laid down in the Penal Code are not only applicable to violations of the worst forms of child labour, the Committee observes that they can prove to be useful to combat the worst forms of child labour. Noting the absence of reference in the Government’s report to these penalties, the Committee requests it to provide information on their practical application as well as the practical application of the penalties laid down in the Child Act, 2001.

Paragraph 2. Time-bound measures. The Committee takes note of the Government’s indication in its report that Malaysian legislation prohibits and eliminates the worst forms of child labour. It also indicates that promotional programmes are held by the Department of Labour on the importance of education in eliminating child labour, especially amongst employers, and that the Ministry of Education will take the appropriate action to ensure access to free basic education. It further indicates that the Welfare Department is designated to provide necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration. However, the Committee notes that no concrete measures seem to have been adopted up to now. The Committee encourages the Government to adopt effective and time-bound measures to: (a) prevent the engagement of children in the worst forms of child labour; (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour, and for their rehabilitation and social integration; (c) ensure access to free basic education and, wherever possible and appropriate, vocational training for all children removed from the worst forms of child labour; (d) identify and reach out to children at special risk; and (e) take into account the special situation of girls. It requests the Government to provide information on any development in this regard.

Article 8. The Committee notes that Malaysia ratified the United Nations Convention on the Rights of the Child in 1995. It also notes that it is a member of Interpol, which helps cooperation between countries in the different regions, especially in the fight against trafficking of children. The Committee asks the Government to indicate any steps taken to assist other member States in giving effect to provisions of the Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education, in conformity with the requirements of the Convention.

Parts IV and V of the report form. The Committee notes that the Government indicates in its report that it is not aware of any incident regarding the worst forms of child labour as defined under Article 3 of the Convention. It also indicates that inspections and investigations are carried out to ensure compliance of the Children and Young Persons (Employment) Act, 1966, by employers. However, the Committee notes the Government’s statement, under Part V of the report form, that no information is available regarding copies or extracts from official documents, including inspection reports, studies and inquiries, and information on the nature, extent and trends of those forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported and penal sanctions applied. The Committee asks the Government to provide information on the outcome of the inspections and investigations carried out to ensure compliance of the Children and Young Persons (Employment) Act, 1966.

The Committee notes that efforts are under way for the tripartite committee set up by the Government to review all labour legislation to start reviewing the Children and Young Persons (Employment) Act, 1966. The Committee would strongly encourage the Government to ensure that the tripartite committee will, during its review of the 1966 Act, take into consideration the Committee’s detailed comments on discrepancies between national legislation and the Convention. The Committee requests the Government to inform it of any progress made in amending national legislation in its next report and invites it to consider technical assistance from the ILO.