Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. In its previous direct request the Committee noted that any officer may at any time apply to retire or resign his commission, and his application will be considered by the Armed Forces Council who shall advise the Yang Di Pertuan Agong, except where a state of emergency has been proclaimed or the officer concerned has undertaken to complete a specific period of full-time service, and that persons in other ranks may apply to retire or resign upon completion of their terms of service or at their own request provided that the application is approved by the competent authority. The Committee noted the Government's indication that consideration of application for retirement or resignation is at the discretion of the Armed Forces Council and that the criteria generally applied include the period of service, training and other factors which may have a bearing on the applicant. It further noted that the period of service is not necessarily linked to the training received during the applicant's military career. The Committee requested the Government to indicate the length of the period of full-time service which an officer may undertake to complete, and other factors which may have a bearing on his application, as well as, for recent years, the number of applications for resignation or retirement received, approved and denied, and the reasons for any denial.

The Committee notes the Government's information in its report that it will submit the Ministry of Defence reply upon receipt. The Committee looks forward to receiving the above requested information.

2. Referring to its previous direct requests, the Committee asked the Government to continue supplying information on the practical application of Part VII of the Medical Act of 1971 (Act No. 50) and Part VII of the Dental Act 1971 (Act No. 51) (requiring registered medical practitioners and dentists to assume a minimum appointment) and on any measures taken further to the periodic review of these provisions by the Government.

The Committee notes the Government's information in its report that after its five-year periodic review Part VII of the Dental Act 1971 (Act No. 51) is no longer enforced, but that Part VII of the Medical Act of 1971 (No. 50) requiring registered medical practitioners to assume a minimum three-year appointment determined by the Director-General of Health is still in force and is reviewed every five years. The Committee requests the Government to indicate the length of any maximum appointment provided for.

3. The Committee noted previously the statement of a Worker member of Malaysia at the Conference Committee in 1986 discussing Convention No. 105 that there had been a plan to use detainees for work in the plantations. The Committee requested the Government to comment on this allegation, particularly as regards any plans whereby detainees would be placed at the disposal of private employers.

The Committee notes the Government's indication in its report that it rejects these allegations and that it had neither thought nor planned to use detainees for work in plantations or other sectors or put them at the disposal of private employers. The Committee notes however the observations by the Malaysian Trades Union Congress according to which in certain cases prisoners are requested to work in farms and other places of employment arranged by the prison authorities and individual employers concerned. The Committee requests the Government to provide information in this regard as well as on any measures taken or envisaged to ensure observance of the Convention.