LEGAL ANALYSIS OF FORCED LABOUR IN THE CONTEXT OF INTERNATIONAL LABOUR STANDARD AND THE MALAYSIAN LAW

Abstract

The issue of labour exploitation has been given media coverage at local and international level. It is one form of human trafficking which has been condemned by the international community. As a member of the International Labor Organization (ILO), this issue needs to be taken seriously. This study aims to examine the international labour standard and the Malaysian law relating to forced labor and trafficking in person by analysing the related legal framework using a doctrinal methodology and library based research as well as analysis of selected decided cases. Although Malaysia has local laws such as the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM) [Act 670] which covers aspects of exploitation and coercion, as well as Employment Act 1955 [Act 265]and Workers' Minimum Standards of Housing and Amenities Act, 1990 [Act 446), there are allegations that there are lacuna in these laws which need to be improved in order to address the issue of labour exploitation or forced labor practices in Malaysia successfully. It may be concluded that since the terms of forced labor are not defined in any law in Malaysia it causes ambiguity and difficulties in the application and enforcement of law. Thus, it is very important to carefully understand the intended meaning of a term in the legislation to ensure the extent of labour exploitation or forced labor practice in the Malaysian context.