Why is law reform crucial to combatting forced labour in Malaysia?

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Law Reform is Crucial for Combating Forced Labour in Malaysia

Law reform is a critical component in Malaysia's efforts to combat forced labour, necessitating the implementation of more tangible outcomes beyond existing action plans. While the National Action Plan on Forced Labour (NAPFL) 2021-2025 provides a framework, its effectiveness hinges on strengthening the legal landscape to ensure robust enforcement and provide adequate remedies for victims. The existing legal provisions are seen as insufficient to fully address the complexities of forced labour, prompting calls for comprehensive changes.
Existing Legal Framework and its Limitations

Forced labour is recognised as a severe human rights violation in Malaysia, infringing upon Article 6 of the Federal Constitution, which prohibits all forms of slavery and forced labour. Furthermore, such practices contravene the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM), which criminalises forced labour as a form of exploitation. However, the Human Rights Commission of Malaysia (Suhakam) has indicated that these provisions, while existing, require enhancement to be truly effective in eradicating the problem.
The Need for Tangible Outcomes and Stricter Due Diligence

Suhakam has commended the launch of the NAPFL 2021-2025 but emphasised the urgent need for more concrete results, including amendments to the law. The commission advocates for the NAPFL to incorporate more stringent requirements for companies to implement effective due diligence procedures and robust grievance mechanisms throughout their supply chains. This is particularly important in sectors identified as high-risk, such as medical supplies, agriculture, construction, and manufacturing, where forced labour allegations have been prevalent.
International Pressure and the Urgency for Remediation

The issuance of numerous Withhold Release Orders (WROs) by the United States Customs and Border Protection against Malaysian companies accused of forced labour practices underscores the international scrutiny and the urgent need for effective domestic measures. These WROs signal that Malaysia's current legal and enforcement mechanisms are perceived as inadequate by international trading partners. Therefore, law reform is essential not only to comply with international labour standards, such as those set by the International Labour Organisation (ILO), but also to safeguard the country's trade relations and reputation.
Expediting Business and Human Rights Frameworks

In addition to specific action plans on forced labour, Suhakam also urges the government to expedite the development of Malaysia's National Action Plan on Business and Human Rights (NAPBHR). This broader framework, guided by the UN Guiding Principles on Business and Human Rights, aims to ensure that businesses respect human rights across their operations. The integration of robust legal reforms within both the NAPFL and the NAPBHR is seen as crucial for creating a comprehensive and effective strategy to combat forced labour and other human rights abuses.

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Why is law reform crucial to combatting forced labour in Malaysia?

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