Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Malaysia (Ratification: 2000)

Other comments on C182

Observation

Direct Request

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Article 7(2) of the Convention. 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. In its previous comments, the Committee noted with interest the concrete education initiatives taken by the Government to improve and transform the educational system in Malaysia, including; the setting up of learning centres for non-citizens, out-of-school children and refugees; mainstreaming the Vocational Education and Training Programme (TVET) and providing equal access to all children; and developing a new Education Blueprint 2013–25.

The Committee notes from the Government’s report that according to the Education Blueprint Annual report of 2017, the enrolment rate for primary, lower secondary and upper secondary education reached 97.9 per cent, 96.6 per cent, and 86.6 per cent respectively. The Government has also improved access to TVET with a total of 55,404 students benefiting from the 89 technical and vocational colleges nationwide. Moreover, basic vocational courses are provided in 85 daily schools. The Committee further notes the Government’s information on the initiatives taken to reduce the gap between urban and rural schools, such as strengthening the Orang Asli (indigenous people) and Indigenous Education Programme and introducing the Road map for the Education Transformation of the Orang Asli and Indigenous Community. The Committee further notes the Government’s information that the school attendance rates of Orang Asli students reached 87.3 per cent in 2017.

Clause (d). Identifying and reaching out to children at special risk. Street children. Following its previous comments, the Committee notes the Government’s information that the Child Activity Centres, among others, provide shelter and counselling as well as provisions for learning computer and other skills, and sports, leisure, cultural and art programmes. It notes from the Government’s report that until 2017, a total of 23,634 children benefited from the 149 Child Activity Centres established at the state and district levels in Malaysia. The Committee also notes the Government’s information that the Ministry of Education, in collaboration with the Social Welfare Department and NGOs, established a school programme for street children and abandoned children who have failed to pursue education due to various reasons. In this regard, the first school known as the Sekolah Bimbingan Jalinan Kasih (SBJK) which was started in the Chow Kit area of Kuala Lumpur in 2013, has 99 children enrolled in 2018. It also notes the Government’s indication that it is envisaged to extend the SBJK nationwide. The Committee requests the Government to pursue its efforts to protect vulnerable children from the worst forms of child labour and to provide for their rehabilitation and social integration. It requests the Government to continue to provide information on the number of children living in street situations and other children in vulnerable situations, who have been receiving education at the SBJK as well as the number of children who have benefited from the rehabilitation programmes of the Child Activity Centres.

Article 8. International cooperation and assistance. Regional cooperation. Following its previous comments, the Committee notes with interest the Government’s information that Malaysia, together with other ASEAN (Association of Southeast Asian Nations) member States (Cambodia, Indonesia, Lao People’s Democratic Republic, Malaysia, Myanmar, Philippines, Thailand and Viet Nam) signed the ASEAN Convention Against Trafficking in Persons, especially Women and Children on 21 November 2015 which was ratified by Malaysia on 7 September 2017. The Government also indicates that it is currently exploring the possibility of concluding a memorandum of understanding to strengthen cooperation in addressing cases of trafficking in persons with the Governments of Thailand, Cambodia and Viet Nam. It further notes the information from an article by the United Nations Office on Drugs and Crime (UNODC) that nine countries, including ASEAN countries and Bangladesh, participated in a workshop organized by the law enforcement experts of the UNODC with the aim to promote law enforcement collaboration and proactive intelligence-led investigations among countries in order to address unresolved trafficking in persons and migrant smuggling cases. The Committee encourages the Government to pursue its efforts to cooperate with the neighbouring countries with a view to eliminating child trafficking for labour and commercial sexual exploitation. It also requests the Government to provide information on the measures taken or envisaged to ensure the rehabilitation and social integration of child victims of trafficking.