Preamble Social Welfare and Services Policy On Economy Trade Unions And Politics Information And Communication Organisation And Administration Conclusion

Preamble

It was in March 1978 that the General Council of the Malaysian Trades Union Congress adopted the Cameron Highlands Declaration. Ten years later, following a 2-day Symposium on 17-18 May 1989 at Genting Highlands, the Council revised and renamed the Camerons Highlands Declaration to "Labour’s Struggle Towards The Year 2000".

One hundred and fifty trade union leaders representing affiliated unions and MTUC divisions participated in a three-day national symposium in Langkawi, Kedah from the 14th to 16th April 1997. The symposium was held to review the MTUC 1989 document entitled "Labour’s Struggle Towards The Year 2000" with the objective of identifying MTUC’s and The Labour Movement’s role in the 21st century. Arising from the review, the symposium concluded that the "Labour’s Struggle Towards The Year 2000", while requiring an update, presents clearly the aspirations of the Labour Movement. The symposium also noted that the implementation of the declaration was still far from satisfactory.

The primary factors that contributed to this situation can be traced to: (a) lack of funds; and (b) the anti-labour and pro-capital attitude of the Government. While in certain fields of activities such as organising, there have been improvements in other areas, labour laws, solidarity of the movement, commitment and dedication by leadership, income distribution, problems of poverty, trade union and human rights, racial polarisation, finance and administration, the situation has changed for the worse.

The MTUC, being the national labour centre for all workers in Malaysia, is without doubt a reflection of the composition of the various racial, religious and cultural communities living and working in the country. While that is its social fabric, the MTUC is well aware that its goals and struggle for the interests of the working population can only be pursued in the spirit of worker unity and solidarity where polarisation of any nature has no place.

In identifying the role of the MTUC and the Labour Movement in the 21st century, the symposium concluded that The Document is still very appropriate and relevant and every effort should be made to achieve the goals and aspirations contained therein. Both MTUC and trade unions need to take actions, individually and collectively towards this end.

Having identified the areas of achievements and failures, the Symposium felt that it should be the solemn resolve of the MTUC that the last two years of the twentieth century should be treated as an aggressive period to fulfill the aims and aspirations of the trade union movement. The coming millennium should witness a new labour reform, a new dynamic unionism and a new force in politics, capable of facing the challenges that lie ahead and of struggling for the aspirations of the working people. The labour movement must strengthen itself so that it will be recognised as a force to be reckoned with. Towards this end it is vital to have a dynamic, dedicated, committed, progressive and knowledgeable leadership and a united and loyal membership.

MTUC is opposed to profiteering because the system over-emphasizes materialism, which in turn generates greed which in turn negates human values. The MTUC’s struggle should therefore be geared towards the attainment of an egalitarian society, where there is freedom and equality; where there is no poverty; where ethics and human values are core of the people and where indulgence in bribery and corruption, misappropriation and non-accountability will be severely punished.

In fact all the programmes of the National Centre should continue to be geared towards ultimately attaining an egalitarian society.

Having set its theme, the Symposium deliberated issues pertaining to economy, social services, politics, laws and trade union rights, information and communication, organisation and administration, and arrived at the following conclusions.

Part 1
Social Welfare and Services

Workers from the majority of the nation’s population. Happiness and well being of the society depends upon the facilities and social services that are made available to the people. Basic minimum requirements of human beings are food, shelter and clothing. But right to life does not stop at that but includes education, health care, social security, right to work, religious and cultural freedom, human rights, unity of people and equitable distribution of wealth. To a large extent, it is the society. By and large, workers form the poorest segment of the society and as such the MTUC is seriously concerned over the facilities and services that are necessary for the attainment of a happy and contented people.

There is considerable scope for further improvement in the farming sector. More modern methods of farming should be introduced. As a matter of policy, the Government must accept the fact that the land rightly belongs to the tillers of the soil.

1. House Ownership
The right of workers and all citizens to home ownership is a fundamental right. All efforts must be made to achieve this within the earning capacity of the workers. To achieve and monitor this, there is a need to focus the attention of the Government by the establishment of a Central Agency to be entrusted with the task of constructing houses for the workers.

MTUC acknowledges that the Government has responded to our call to set up a national Housing Registry to regulate the distribution, allotment and ownership of houses especially low-cost and medium-cost houses. However, the implementation and effectiveness of the Registry is far from satisfactory. The cost of houses should be subsidised with the State providing land at low-cost and housing loans being made available with low interest rate to the lower income group. In this respect, the employers too must play their role by providing housing loans at low interest rate to their workers.

The house ownership scheme declared by the Government in the 1970’s should be systematically and fully implemented for the mining and plantation workers. The State should speed up the approval of the use of the suitable land for the housing scheme, and also remove all obstacles that cause the delay in the implementation of the estate and mining workers’ house ownership scheme. MTUC is extremely disappointed with the reluctance of housing developers to comply with the Government’s directive to allocate 30% of their projects for low cost housing.

For the purchase of houses below RM80,000.00, MTUC calls upon:

The EPF to allow a higher withdrawal to enable workers to pay the required down payment.

The Government to regulate the interest rates for such housing loans at not more than 5% per annum.

MTUC shall closely monitor all complaints from workers on problems related to purchase of houses.

2. Poverty
Poverty is a curse of the society. So long as poverty exists, the nation will not have peace and happiness. In spite of efforts by the Government under the New Economic Policy during the last 26 years, pockets of poverty continue to persist in both urban and rural areas.

The Poverty Line Income (PLI) consists of food, clothing, footwear, rent, fuel, power, transport, communication, health, education and recreation. The Government’s estimates of: PLI in 1995 were RM425.00 per month for a household size of 4.6 in Peninsula Malaysia, RM601.00 per month for a household size of 4.9 in Sabah and RM516.00 per month for a household size of 4.8 in Sarawak. Based on this estimate, the overall incidence of poverty in the country in 1995 was 9.6% affecting 417,200 households comprising of 95,900 households (4.1%) in the Urban sector and 321,300 households (16.1%) in the Rural sector.

These rates do not reflect the actual situation of poverty, simply because the PLI estimate of RM425.00 in the Peninsular, and RM601 in Sabah and RM516 in Sarawak are grossly inadequate. The basis of PLI should be more pragmatic as the amounts are too low for projected household size to survive.

The Government goes on paying lip-service to the poor. The New Economic Policy and the provisions in all the Five-year Plans for the eradication of poverty have never been fully and satisfactorily fulfilled.

In urban areas, it is quite common that both the husband and wife work to earn a living and the family. And yet there are numerous instances of them being unable to manage even a frugal living.

Shifting industries to the rural areas should not deprive the poor of land for cultivation. The poor people in the rural and urban areas should be taught income generating skills to supplement their earnings. Companies should provide housing for its employees to reduce the hardship of the lower income group. MTUC reiterates its call made in 1978 that the Government should encourage more agro-based industries so as to be self-sufficient in food crops which should be made easily available at reasonable cost to the consumers.

3. Drugs and Alcohol Addiction
While drug addiction has become a national security problem, alcoholism is on the increase. It must be recognised as a serious social problem, but the entire society must be involved in fighting this growing menace.

The MTUC and its affiliates must carry out campaigns of the dangers of drug and alcohol addition. Sale of illicit alcohol should be totally prohibited. There should be rehabilitation centres in the major towns for drug and alcohol addiction. The MTUC’s Youth section should continue to organise programmes to eradicate drug and alcohol addiction.

4. Consumerism
So long as consumer organisations remain weak consumers will continue to be exploited by the business community, aided and abetted by the Government. The laws that are intended to protect consumers will continue to be flouted through default of the enforcement officers and ignorance of the consumers. So the answer to safeguard the interest of the consumers lies in strengthening the consumer movement.

The Symposium decided to establish a Workers Consumer Movement. With such activities, MTUC will also be able to put a stop to general wage increase being swallowed up by the artificial inflation perpetrated by the unscrupulous business community.

Repeated requests by the consumer movement, the MTUC for the establishment of a Price Justification Tribunal have received no positive response from the Government, which has always been pretending to safe-guard the interest of the consumers. The MTUC in conjunction with the consumer movement must continue to pursue for the setting up of this Tribunal.

5. Income Distribution
The Government should take the necessary steps to ensure that there is an equitable distribution of the nation’s economic cake by narrowing the gap between the haves and have-nots. Tax reform should be used as one of the ways to redistribute income and prosperity between groups and individuals in a more fair way. The Government should also provide subsidies to the lower income group.

6. Health
Healthy people are the greatest asset of the nation. Adequate free medical care must be extended to all people who are in need. The Government should raise the necessary funds through taxation or a contributing scheme based on the income of the rakyat. The estate hospitals and clinics should be taken over and improved by the Government. Health services in rural areas need to be improved. MTUC will oppose any attempt by the Government to privatise medical services. The Health Insurance Scheme which it intends to set up should be undertaken by the Government as social service to the rakyat and must not be privatised. Government should monitor quality of and control exorbitant health care charges by private hospitals.

7. Education
The MTUC is of the considered view that there is an urgent need to revise the nation’s education policy. There should be sufficient emphasis on national unity introduced in the school curriculum. Education should be motivated towards the development of human values with less emphasis on materialism. More attention should be given to set up enough technical institutions and facilities for training and retraining of the workers in view of the rapid advancement in technology and increase in industralisation.

All children should be given free and compulsory education up to SPM level. From then onwards education should be free up to tertiary level. Facilities for rural and estate schools should be improved. The Government should set its goal of introducing one session for all schools without further delay. Places in higher institutions of learning should be extended to all who desire and deserve without discrimination. MTUC strongly opposes privatisation and corporatisation of Universities and institutions of higher learning.

8. EPF and SOCSO
Over the years SOCSO has accumulated a surplus fund of about RM1.4 billion. This surplus rightly belongs to the workers.

MTUC’s proposes SOCSO and EPF should provide comprehensive social benefits to the workers. The coverage should include unemployment benefit and old age pension, as well as an adequate increase in the compulsory payments for employment injury and invalidity pension. EPF and SOCSO should take steps to cover the farmers, fishermen and self-employed.

9. Child Care Centres
Because of the considerable increase in the involvement of women in the nation’s economic activities, it is necessary for the Government to ensure the establishment of child care centres at housing estates, workplaces etc. which should be adequately manned and properly supervised by trained personnel, in order to ensure that the required standard is maintained.

Most of the crèches in the plantation industry are manned by untrained personnel and are in appalling and inhuman condition. The MTUC must strongly urge the Government to take necessary action with a view to improving the conditions in these crèches for the healthy growth of the children of the plantation workers. Further, the children should be provided with kindergarten educational facilities until they reach school-going age.

Part II
Policy on Economy
MTUC’s policy on the economy is dictated by the fact that labour is a primary factor for the nation’s economic growth and therefore it has a right to spell out its stand on the economic policies and activities of the country.

While the MTUC is consulted on Budget proposals, its views are never sought for the preparation of Five-years Plans. The present scenario is: The New Economic Policy which was introduced in 1971 has ended. In 1991, the Government replaced the NEP with a National Development Policy (NDP).

The objectives of the NEP have not been satisfactorily realised. Poverty has not been eradicated and still remains a serious problem. The NEP has enabled accumulation of wealth in the hands of a few, while nepotism, favouritism, corruption and non-accountability have become the order of the day. Consequently the rich have become richer and the poor have become poorer.

1. Priority
Malaysia is rich in natural and human resources. Development strategies must ensure that its resources are utilised effectively and efficiently both from the economic and social point of view.

When Five Year Plans are drawn up, the Government as a matter of practice should ensure participation through consultation with all relevant sectors, including the labour movement, which represents the working people, who are in dire need of social and economic improvements.

2. Agriculture
The agricultural sector of the country must be improved by modernisation and when necessary through land reform. The output should be diversified with a view to increasing food crops for the propose of domestic self sufficiency and export.

More efforts must be made to ensure that agricultural raw materials are processed into intermediary and final products, where possible. Such agro based industries should be dispersed in rural areas where sources of raw materials are located. Cattle farming should be set up to meet the requirements of milk, butter, cheese and meat. In the interest of efficiency, those who are traditionally involved and have experience in this field should be given preference.

Implementation of plans for the agricultural sector must take into account the fulfillment of economic objectives of liability and social objectives of employment and opportunities for equitable distribution of income. The choice of scale of agro-based industries must ensure opportunities of participation in the ownership and control of the industry by the workers and especially the rural population.

3. Forest Resources
Forest resources are our nation’s most valuable asset. But timber concession has become a political patronage: Consequently, vast areas of forest have been devastated without giving due regard to environment, and groups of indigenous people whose livelihood and natural habitat depend on forest. Conservation and management of the forests must be carried out on sound principles.

4. Fisheries
Due consideration should be given to the development of fresh water aqua-culture both for domestic and export. Special attention must be given to developing these industries in disused mining pools and where possible rivers.

Marine resources must be carefully managed not only for the potential of food but also for tourist development. These industries must be developed with the total participation of people who have been traditionally dependent on these occupations for their livelihood.

5. Industrialisation
MTUC fully subscribes to the nation’s goal of becoming a Newly Industrialized Country (NIC) and is of the view that Malaysia should continue to encourage small and medium size industries. Establishment of heavy industries should be carried out with caution and after exhaustive analysis and planning.

There must be more diversification of industries to restrict migration of rural workers to urban areas, and also to generate economic progress in rural areas, by providing necessary infra structure and other facilities to capital and labour.

6. Capital Formation
Undoubtedly Malaysia needs foreign capital for the purpose of industrialisation to generate economic progress and employment. For this purpose several incentives are offered to foreign capital such as pioneer status and unrestricted transfer of profit out of the country.

MTUC is of the firm belief that pioneer status up to 15 years and transfer of the entire profit will defeat the very purpose of attracting foreign capital. It is therefore necessary that the pioneer status should be limited to 5 years for urban based industries and not more than 7 years for industries based in rural areas. As for the profit, not more than 50% of the profit should be allowed to be taken out of the country. The remaining portion should be utilised for re-investment. MTUC is also of the view that there should not be any legal restriction on collective bargaining rights in industries with pioneer status.

The Government must take appropriate steps to retain and utilise local capital for the nation’s industrialisation programmes by offering necessary incentives, with a long term objective of enabling local capital controlling the economy of the country. It will invariably lead to more of our people’s participation in the development of industrialisation.

7. Technology
In this era of rapid development of technology, it is impossible to prevent its utilisation. The choice of technology must ensure that it fulfills the employment objective.

As workers are seriously concerned over the introduction of technology, MTUC must seek representation on the National Committee which determines the choice of technology in Malaysia. Besides, management should, as a matter of procedure and policy, consult the workers or their trade unions, as the case may be, before introducing technology in their respective enterprises.

Foreigners who invest in this country usually agree to transfer the technology which they bring in. However, seldom do they comply with the agreement. In the event they comply with this condition, they do so in an haphazard way. The Government should ensure that the foreign investors fulfill this important of transfer of the technology in a satisfactory manner.

MTUC is of the view that Non-Governmental Organisations (NGO) should be given assistance by the Government and international bodies in introducing new technology.

8. Multinational Corporations
With the exit of colonialism, neo-colonialism has entered in many a developing countries in the name of multinational corporations. With their money power and political influence, they are in a position to dictate terms to the political elites. This in turn has created social and labour problems. These problems are no more national; they have assumed an international character. MTUC shall, therefore, continue to extend its full cooperation to the other countries’ national centres and international labour organisations to fight this growing menace. The Government should adopt the ILO Code of Conduct for MNE’s and ensure its compliance by MNEs. MNE’s terms and conditions should be in compliance with the core Labour standards of the ILO.

9. Ownership of Shares by Workers
It is a fashion these days that certain enterprises offer shares to their workers not exceeding 5%. It is in fact a gimmick. MTUC there rejects it. If ownership of share by workers is to be effective and meaningful, at least one third of the equity of the company should be with the workers. And MTUC shall therefore strive to achieve this objective..

10. Privatisation
Privatisation has become the vogue of many capitalist countries, followed by several developing countries. Experience have disclosed several defects such as cutting corners, corruption, mismanagement and inefficiency. In Malaysia, privatisation is more a political patronage rather than an economic reorganisation. Nonetheless, the MTUC does not intend to oppose it totally. If the Government wants to privatise some others like the car park etc., MTUC would not oppose it, provided the serving employees are retained in their employment with no less favourable terms and conditions of service. But the MTUC will continue to oppose privatisation of institutions which render service to the people, such as medical, electricity, water supply, postal, railways, communications, tertiary education, etc. We also do not find any reason why revenue-earning services such as telecommunications were privatised under the pretext of improving efficiency and productivity. Employees of privatised and corporatised agencies should not be retrenched.In the event of privatisation, the ownership must be substantially shared by the workers and the people.

Part III
Trade Unions and Politics

The question of whether or not MTUC should involve it self in politics does not arise at all, simply because no labour organisation can ever divorce itself from politics. Whatever may be the system of governments-whether capitalist, socialist or communist-labour movement can never keep out of politics. In this respect it must be borne in mind that for all intents and purposes a trade union is an apolitical organisation, but NOT a political party.

However, what should be the pattern of involvement should be based on the socio-economic and political situation prevailing in the country and on the policies and commitments of the organisation.

In Malaysia, Barisan Nasional has been in power since Merdeka. The coalition is devoid of any political ideology. Its continued political success is attributable to racial and religious polarisation, although it denounces it outwardly. Because of this, even multi-racial political parties find themselves in a spot in that they have to play the same game for survival, failing which their extinction is inevitable. Under the circumstances, the question of the MTUC allying with any existing political party must be ruled out outright.

Nevertheless, it must be recognised as a matter of fact that the MTUC as a multi-racial and multi-religious mass organisation, is committed to the elimination of exploitation of man by man and poverty, to preservation of human and trade union rights, democracy and rule of law and to the establishment of a society with social justice, equality and dignity. MTUC has therefore an important role to play in the politics of this country.

1. Political Bureau
Having found that the Political Action Committee, which was established based on the Cameron Highlands declaration, was not sufficiently effective, it was reorganised as a Political Bureau to take over the functions of the Political Action Committee.

2. Targets
The movement shall develop a philosophy of apolitical trade unionism to meet the aspirations of the working class and rakyat for the creation of a just and equitable society based on true democratic principles and practices, The movement shall continue to develop its own goals regarding social, economic, political and cultural policies and systems.

The philosophy of political trade unionism shall outline the movement’s struggles in the face of the direct challenges in the working environment and related spheres, and further enhancing the democratization of the trade union movement and effectively promoting trade unionism.

The movement’s political and trade union philosophy shall interact and complement each other. Workers’ rights are a political matter just as fundamental liberties are the concern of the trade union movement. Issues that concern the worker also include the social environment and ethnic polarisation, accountability, consumer prices, public amenities, economic policies including racially-based political structure.

It is imperative that the movement should be more vocal and aggressive in pursuing its struggle. The Universal Declaration of Human Rights has established not only the rights of individuals but also the rights of groups of individuals to pursue such fundamental rights.

Article 10 of our Federal Constitution also guarantees the fundamental right to freedom if expression and association, albeit with restrictions. Of late, legislations enacted and or amended have imposed restrictions and curtailments, whereby the existence of such fundamental rights is in serious jeopardy. The ISA, OSA, POLICE Act, Printing Presses and Publications Act and various amendments to the labour laws are clear examples. The ISA and OSA should be abolished while obnoxious provisions in the other legislations should be repealed.

Looking inward, solidarity within the trade union movement is of vital importance. A cohesive movement is fundamental to creating the effective and powerful political force of the movement. While solidarity is an object by itself, it is also fundamental to the struggle of the targets mentioned earlier.

3. Machinery
Having outlined the targets, the movement must have the necessary machinery to develop and implement programmes to pursue such targets.

At the national centre, the Political Bureau shall be the body responsible for such programmes. The General Council shall appoint suitable persons to serve on the bureau.

At the same time, divisions shall also develop and implement programmes for their respective divisions.

Affiliates shall similarly consider establishing political bureau based on the national centre’s model to develop and implement programmes at their respective levels.

Political education as a tool shall be an integral aspect of all educational programmes both at national and affiliate levels.

The General Council shall conduct a review every two years to evaluate, analyse and take corrective action, where necessary, of the progress made.

4. Action Programmes/Strategies
Action programmes and strategies must take into account the current realities, future projections and the movement’s declared goals.

The trade union movement’s political programmes shall address issues in the larger political dimensions including workers rights, human and fundamental rights, social issues, ethnic polarisation, economic issues and the communal-based political structure. This political dimension or ‘citizen politics’ shall be pursued at both levels of the national centre and its affiliates.

A mobilisation of the movement on all issues is imperative not only to meet the aspiration of the working class and the rakyat but also to develop the movements as a power-broker to be reckoned with.

The movement shall hold dialogues on socio-economic and political issues relevant to working people and pursue them with political parties and other public-interest organisations which are sympathetic to labour. However, the previous practice of endorsing candidates, irrespective of party, who identified with the MTUC’s Workers’ Charter, has not brought any meaningful impact, and therefore it should be discarded.

So on the electoral process, the MTUC will prepare a manifesto, based on this Charter (but not necessarily the whole Charter) and submit it to the main political parties for their consideration and reaction. Any party that responses positively to the manifesto will be asked to enter into a Social contract with the MTUC. Once the agreement is reached, the MTUC will render unreserved support and assistance including active campaigning to the party concerned. In the event, more than one party accept the manifesto, the General Council will decide on the choice of the party based on its track records.

The movement shall create political awareness among its rank and file members as the basis for a greater political role both in the arena of ‘citizens politics’ and the electoral process. Finally, as a matter of policy MTUC shall not surrender its independence to any political party.

Part IV
Labour Laws

Numerous restrictive and prohibitive provisions in the labour laws have not only curtailed the rights of workers but have also retarded the growth of strong and progressive trade unions. Since independence whenever our elected Government introduced amendments to existing labour laws or enacted new legislation, they were always aimed at restricting trade union rights. Despite the Malaysian Government having ratified ILO Convention No. 98 which guarantees the right to organise and bargain collectively, there still exist several legislative restrictions on the freedom of organisation and that there are no collective bargaining rights for the public sector.

Perturbed by this situation, the 1978 Cameron Highlands Declaration spelt out that the MTUC should mount an intensive campaign to repeal what was then considered obnoxious and restrictive provisions in the labour laws. Accordingly, MTUC did mobilise the affiliated unions and launched a nationwide campaign to prevent the Government from imposing further restrictions and constrictions on trade union rights. In 1980, the Government introduced further restrictions on trade unions, but changes to the Employment Act raised some of the minimum benefits which benefited the unorganised workers.

The present position of the various labour laws is as follows:-

1. Trade Unions Act 1959
Following a General Council Symposium in Penang in 1983, MTUC identified 6 important provisions and submitted specific proposals to amend the Trade Unions Act. Only in February 1989 did the Government accept two out of the 6 amendments proposed by MTUC. Subsequently in March 1989 the Parliament approved further amendments so as to undermine industrial unions and promote In-house unions.

MTUC’s complaint that the Trade Union Act has armed the Director General of Trade Unions with extensive and arbitrary powers continues to remain.

2. Employment Act 1955
After the 1983 Symposium MTUC proposed to amend the Employment Act to:-

- widen the scope of coverage;

- extend the notice period for termination;

- ensure payment of wages to employees who are subjected to police detention resulting from employers’ influence;

- compel employers to deduct union dues;

- prohibit night work for female employees from 9 p.m. to 7 a.m.;

- increase the maternity allowance;

- introduction of a 5 day week and a 40 hour week;

- impose a 32 hour limit on overtime work;

- increase the minimum number of public Holidays to be granted to employees;

- increase termination and lay off benefits and introduce a retirement benefit;

- restore 1980 provisions regarding termination and lay off regulation;

and- establish a tripartite council to deal with application for exemptions.

Only two minor changes were made. On the whole the minimum benefits have not improved at all but in February 1989 the Government introduced new amendments which have effectively reduced overtime rates, and the definition of wages has been changed. Certain benefits accorded to women employees on maternity leave were also withdrawn.

3. Industrial Relations Act 1967
The Industrial Relations Act is much worse today than when the Cameron Highlands Declaration was adopted in 1978. Since then the Act was amended in 1980 and 1989. Out of the 18 amendments proposed by MTUC in 1983 only one very minor amendment was accepted by the Government.

The February 1989 amendments have denied workmen the right to be represented by lawyers at conciliation proceedings; made unions’ efforts to achieve recognition even more cumbersome and difficult; undermined unions’ decision making in dismissal cases. There are also other restrictions and inadequacies which must be urgently dealt with.

The Langkawi Symposium decided that MTUC shall continue to demand amendments to Labour Laws to enable workers to organise, secure union recognition, achieve fair gains through collective bargaining, enjoy protection against unfair dismissals and be free to administer their unions without undue interference from the authorities.

MTUC demands that the discretionary and arbitrary powers of the Director General of Trade Unions and the Human Resources Minister be repealed.

MTUC calls upon the Government to ratify the following very important conventions of the ILO No. 29 Forced Labour Convention, 1930
No. 87 Freedom of Association and Protection of the Right to Organise Convention, 1948
No. 100 Equal Remuneration Convention, 1951
No. 105 Abolition of Forced Labour Convention, 1957
No. 111 Discrimination (Employment and Occupation) Convention, 1958
No. 135 Workers’ Representatives Convention, 1971
No. 138 Minimum Age Convention, 1973
No. 151 Labour Relations (Public Service) Convention, 1978

4. Companies Act 1965
Until recently trade unions did not pay much attention to the provisions of the Companies Act. The economic recession in 1985 brought to surface several contradictory provisions in the Companies Act which virtually denied the workers affected by retrenchments certain minimum benefits under the Employment Act. Receivers appointed by debenture holders challenged Labour Court and Industrial Court decisions to award termination benefits to workers. Several unions have engaged in an expensive and protracted legal proceedings to ensure that their members thrown out of employment at least get some form of compensation.

Following an in-depth study of the Companies Act, MTUC proposed amendments to the Employment Act to precede the above restrictive provisions. Government is yet to respond.

5. Five Day Week
MTUC’s efforts to reduce working time from 48 hours to 40 hours a week should be given priority. At the same time steps must be taken to obtain a five-day week in all sectors.

6. Co-Determination & Democratisation Of Workplace
The events and development in labour-management relations during the last decade, especially since 1980, have created a wide gap between Labour and Management. The provisions of section 13(3) of the IR Act, which have enumerated several fundamental issues as ‘employers prerogatives,’ have undermined unions’ efforts to even establish an effective and meaningful consultation process. Therefore we are not ready to embark on a code determination program.

Instead, it is felt that it is more important to DEMOCRATISE THE WORKPLACE, Unions must make serious endeavor to make provisions in the collective agreement to require employers to establish a consultation machinery to discuss all issues affecting labour - such as production methods, layout, new technology, reorganisation, efficient utilisation of manpower etc. It must be noted that workers participation is essential to efficient enterprise performance.

7. National Labour Policy
MTUC was not able to achieve some of the important objectives as limited in its original proposal but we have been able to at least make a start. MTUC and the unions must consistently monitor the implementation of the NLP to ensure that this does not suffer the same fate as the code of conduct. MTUC in the meantime must continue to strive to achieve what was originally proposed.

8. Occupational Health and Safety
In 1994, Government responded to MTUC’s call for a comprehensive legislation on OSH by enacting the Occupational Safety and Health Act 1994. The Symposium noted that many employers remained extremely reluctant to establish safety committees at workplaces and steps will be taken by MTUC and all affiliates to ensure compliance with the Act.

Labour Ministry’s reluctance to draw up a comprehensive legislation to ensure workplace safety and better working environment is beyond comprehension. In view of the deplorable health and safety conditions in many plants and workplaces. MTUC must continue to exert pressure on the Government to give its urgent attention to this matter.

The MTUC should ensure that legislation on OSH covers workers at all workplaces in the private and public sectors. The MTUC should encourage unions to appoint safely officers and OSH Committees at the Union level and at the workplace.

9. Minimum Wage
There is an urgent need to campaign for the implementation of the minimum wage which should reflect the basic living wage to provide for the elements of housing, food, clothing, education, health, recreation and other normal human requirements.

10. Fringe Benefits
MTUC must demand of the Government provisions for the following fringe benefits by legislation:-

(a) Payment of shift allowance to all shift workers;

(b) Reduction of overtime to 32 hours a month to create more jobs;

(c) Granting of all public holidays to all workers;

(d) Minimum annual leave between 20 and 30 days depending on the length of service;

(e) 90 days maternity leave;

(f) A minimum of 7 days matrimonial leave with pay for the first marriage only;

(g) 7 days unrecorded leave with pay to overcome inconvenience caused by natural disaster;

(h) Provisions of transport to workers who finish work between 10p.m. and 7a.m.

(i) Retrenchment benefit and retirement benefit as spelt out under Labour Laws in this Charter.
It is emphasised that all the above fringe benefits must equally apply to public sector employees unless they are already in receipt of better benefits.
In this respect, it is necessary that the Employment Act should apply to the public as well.

11. Programmes for Action
Only through a concerted action backed by the entire organised workers and their leaders, can we succeed in our efforts to repeal at least some of the more obnoxious restrictive provisions of the labour legislations.
We must create awareness amongst workers so that they will readily respond to any call for action. It is important that every worker is fully aware of the effect of the Labour legislations.
We must prepare a standard guideline for lecturers and speakers at all levels so that there will be a uniformity in the information enumerated.
Our education programmes should be geared to reach the grass root.
Leaflets and pamphlets in simple and understandable language should be produced for extensive distribution.
Education and information sessions must be organised at union level and at divisional level. To promote better interaction and solidarity amongst members of affiliates information session organised at union and divisional level should be open to all workers residing in that particular area.
Suara Buruh must be used to highlight and emphasize problems and issues affecting labour. Affiliates should extend greater cooperation to facilitate publication of their issues and important activities in the Suara Buruh regularly.

Part V
Information and Communication
Information and communication is one of the important functions of MTUC in order to project its image, to educate and motivate its members and leaders and to keep all concerned informed of its goals and aspirations. With this in view, the MTUC will undertake the following programmes for the 1990’s and beyond.

1. Labour Education Institute
MTUC has been toying with the idea of establishing an institute for labour education since 1960’s. So far this dream has not been realised, except providing dormitories, a few rooms and a lecture hall. It is recognised that only through a Labour Education Institute can research on workers education and the National Centre’s educational activities be effectively carried out.

MTUC must set its goal for the establishment of the Labour Education Institute as a matter of priority.

The institute should be responsible for planning, formulation and implementation of the various education programmes.

The MTUC must establish a trust fund called "MTUC Workers Education Foundation" to enable the National Centre to mobilise resources for this purpose.

The present arrangement for research should continue and be improved upon in terms of manpower and facilities until the institute has been set up.

2. Policy on Trade Union Education
(a) To inculcate greater awareness of trade union rights and responsibilities, and knowledge on the need and role of trade unions in the society amongst its leaders and members.

(b) To strengthen the labour movement, emphasis should also be placed, in organising dynamic programmes, on broader social, economic and political issues relevant to the labour movement as a whole.

(c) To achieve a systematic learning process, the seminars and courses should be structured as a module syllabi to ensure implementation on a progressive scale through basic, intermediate, advanced and specialised levels in Bahasa Malaysia and English and wherever possible in Tamil and Chinese.

(d) Efforts must be made to embark on a formal training programme for those who are interested to pursue a career in trade unionism. (Perhaps, this could be one of the functions of the institute).

(e) To achieve greater impact and to instill loyalty, more and more grass-root members should be drawn into the programme.

(f) To render assistance to affiliates based on their need, for planning and conducting their education programmes.Greater efforts should be undertaken to train more trade union educators at all levels.

(h) To instill higher awareness amongst workers and their leaders on information technology and IT related subjects.

The philosophy of political trade unionism must find expression in the trade union education programmes, wherever possible, which are organised not only by MTUC but also its affiliates. The programmes should be designed so as to create political awareness amongst the workers and their leaders so that they will not be strayed away or influenced by unscrupulous politicians. They must realise that the aspirations of the working people cannot be achieved without political involvement.

In all the programmes, one thing must manifest itself: That we are a multi-racial, multi religious and multi-cultural organisation and that the key to our success depends upon multi-ethnic harmony.

3. Targets of Education Programmes
Apart from general membership and leadership, the education programmes should also be planned for the following target groups:

(a) New members

(b) Newly appointed officials and committees

(c) Officials who require advanced training

(d) Officials who need expertise on specific subjects

(e) Leaders who require specialised training to cope with the day-to-day
administration of the union

(f) Unorganised workers

(g) General Public

4. Methods and Materials
MTUC should produce updated educational materials such as audio-visuals. Existing teaching methods should be improved with better teaching and communication approaches and group dynamic techniques.

5. Representation on the National Education Policy Making Board
It is realised that there is an urgent need to keep the general public informed of the aims and aspirations of trade unions. This could be best achieved if subjects on

trade unionism form part of the curricula in schools so as to ensure that school leavers are made aware of the need and role of trade unions in nation building and to protect the interest of the workers. A representative of the MTUC on the above board could play an effective role for the attainment of this objective.

In the event, such a representation is not granted, MTUC should enter into discussion with the Minister of Education with a view to including the subjects on trade unionism in the curricula.

6. Methods of Communication and Publication
Dissemination of information on all matters relating to labour and MTUC’s commitments and policies, and the establishment of proper channels of communication shall be one of the task of the National Centre.

The methods that are open to MTUC are (a) Trade Union Seminars and Courses (b) Adult-education: (c) Holding Rallies and Forums; (d) Publication of a newspaper, books and pamphlets.

(a) Seminars and Courses

Considerable progress has been made in organising seminars and courses at various levels. They must be improved more systematically based on the policies set-out on this charter.

(b) Rallies and Forums

MTUC must hold more rallies and forums on matters pertaining to labour and current issues of which labour is concerned. Efforts must be made to get wider attendance at such rallies and forums. The Education Committee, the Youth Section and Women Section must play an active role in organising such rallies and forums.

(c) Suara Buruh

The official organ of the MTUC is Suara Buruh. It is therefore the main source of information between the National Centre and the lay membership and also the public at large. There is an urgent need to improve its content and articles.

Trade union rights, struggle and aspirations of working people, activities of affiliated unions and information on labour movements in other countries must find space in the Suara Buruh. Besides in Bahasa Malaysia and English, efforts must be made to publish Suara Buruh in Chinese and Tamil.

Perhaps MTUC should consider whether it is feasible to commercialise (not to privatise) Suara Buruh.

(d) Books and Pamphlets

MTUC has made very little efforts in publishing books and pamphlets. It is recognised that publishing books is not an easy task. Still attempts should be made to publish books on labour issues and matters. However, publication of pamphlets on topics and issued relating to labour is not a difficult task if there is the will to do it. If they can be produced after carrying out necessary research and in a readable manner, most of them can be sold.

Having recognised the value of publishing books and pamphlets on labour issues, MTUC will make an earnest effort to overcome the obstacles encountered and will embark on publishing pamphlets for a start and books in due course.

(e) Adult Education

Adult Education should be one of the functions of labour organisation. However, the MTUC has not been able to undertake this function, because of lack of manpower and funds. It is envisaged that the projected Labour Education Institute will include Adult Education as part its activities.

7. Leadership
(a) Within the meaning of leadership of the movement fall all the principal officers, members of the General Council and officials of affiliated unions whose role in the changing composition and character of the movement should be dynamic, forward looking and one that will set the pace for the future of the movement.

(b) To successfully overcome the challenges ahead, there must be unity of purpose and greater solidarity among the leaders of the national centre, the affiliated unions and the general masses of the working people. The need to inculcate in them the spirit of unity and solidarity must be a major objective of the leadership which include also those at the helm of the affiliated unions. The leadership at the national centre must be the torch bearers in the drive to inculcate among Malaysian workers through example and action the need to maintain unity and solidarity at all times without which the great masses of the working people will continue to subjected to exploitation.

(c) A greater sense of direction must be developed, with emphasis on the constitutional rights of the national centre to have a say in all matters affecting not only labour but also social and economic questions that have a direct impact on the community. The leadership must ensure that labour’s democratic rights are not allowed to be eroded by omissions and must at all times act to safe-guard them. Labour’s say in matters concerning it must be established as a matter of right and not one handed out as a form of generosity and goodwill by government.

(d) Leadership must display greater dynamism, dedication, sacrifice and the will to protect the interests of labour.

(e) The challenges of the future demand of the leadership, greater regard for democratic procedure, membership rights and aspirations, sensitivity, to the real problems of membership and dedication to the cause. They must display qualities of honesty, integrity and sincerity and shall take corrective measure by way of mutual discussion and critical analysis of performance. The membership must provide the checks and balances on the performances of the leadership without fear or favour.

(f) The tasks and challenges of the future will demand of the leadership of MTUC as well as the affiliates, more time, and leaders must be committed and be prepared to sacrifice their time.

8. Membership
(a) The challenge of the future equally demand of the membership greater loyalty, sense of solidarity and effective participation in all the movement’s activities. Membership antipathy and indifference are negative trends that must never be allowed to develop. Greater awareness of the government’s role and the membership’s rights and obligations, undivided loyalty and support to the cause must be instilled.

(b) A greater rapport between the membership and the leadership should be developed and the membership’s view should at all times be sought by the leadership in order to ensure that the solid support of the lay membership is obtained for the successful achievement of the objectives.

Part VI
Organisation and Administration
The Cameron Highlands Declaration had reiterated the need for accelerating efforts in organising the unorganised and the rural workers and the importance of establishing an efficient, service orientated administration and a dynamic secretariat. While some success has been achieved in the field of organising the unorganised workers, no tangible effort was made in organising the rural workers.

If MTUC were to improve its stature and image, and to discharge its duties and responsibilities effectively, it must have a secretariat equipped with sufficient staff. Financial difficulties should not stand in its way.

1. Consolidation of Unions
Workers and leaders must recognise the fact that generally speaking, larger the unions, better they can serve their members. It does not mean there have been no deficiency in the pros and cons, it is desirable to have large unions which usually have the funds and facilities to fight for the members. So as a rule, where there are unions which could either merge or join an existing national/industrial union, the MTUC should use its good offices to bring them together in the interest of the workers involved. MTUC should as initiate or render necessary assistance for the formation of federations of trade unions of similar industry, occupation or trade.

2. Non-Affiliated Unions to be brought to MTUC
The MTUC should embark on exploring the possibility of bringing non-affiliates within the fold of MTUC. Seminars and courses should be open to the non-affiliates which will provide the opportunity to speak to them the need for their affiliation based on wider unity of the labour movement. Dialogue sessions should be held with non-affiliates to create awareness for the national centre to be strengthened.

3. Organising the Rural Workers
MTUC must initiate steps to organise the rural workers in independent organisations. Our first concern should be to create awareness amongst them of their rights. For this purpose, formal and informal methods should be applied by holding meetings in rural areas, having contacts with them and circulating publications. MTUC should undertake appropriate projects for the participation of the rural workers with a view to awakening them and making them conscious of the need and role of trade unions.

4. Freedom of Association
MTUC believes in and is committed to the right of the workers to join or form trade unions of their own choosing. Experience indicates that in-house unions could encounter several set-backs. It does not necessarily mean that national or industrial unions are perfect. If a group of workers choose to organise themselves in an in-house union, let it be so. But it must be done on their free will, but not to be coerced or influenced by the employers or the government or their proxies, as has happened in several instances. The Government’s recent decision to amend the Trade Unions Act to encourage formation of in-house unions, in spite of vehement opposition by the MTUC, is clear indication of its intention to weaken the labour movement in the country. It is therefore the responsibility of the MTUC to caution the workers against the Government’s motive in encouraging the formation of in-house unions, aided and abetted by the employers.

The Symposium noted that the number of workers organised in the country is very low and decided that MTUC shall organize 1 million workers within its fold by the year 2000. To achieve this MTUC shall:

Launch a door-to-door campaign by July 1998
Compile information on non-unionised companies
Direct efforts at employees in supermarkets, finance companies, retail outlets, transport companies, civil servants and private clinics.
Continue to demand an industrial union for electronic workers but in the mean time will assist these workers to organise themselves into enterprise unions for their immediate protection and interests.
Call upon all affiliates to organise foreign workers and render necessary assistance.
Conduct a study on the informal sector to identify possible assistance that can be rendered.
Encourage unions to finance organising work.
Identify and train organisers, prepare pamphlets and other campaign material.
Direct its Organising Committee to work together with affiliates, divisions, Youth and Women’s Committees.


Conclusion

The Symposium after three days of deliberation has chalked out a programme of action for the MTUC for the next millennium, which has been aptly named ‘The MTUC Langkawi Charter: The Role of the Labour Movement in the 21st Century".

It is easy to plan, but implementation demands concerted action. All the organs of the MTUC and its affiliated unions will have to be drawn together for action. Their commitment and cooperation are vital for the successful implementation of the programme. Only through collective leadership, team spirit and honesty of purpose can we achieve our goals. Further, the active support and cooperation of the members of affiliated unions is as much vital as the commitment of the leadership for the success of this programme. It is, therefore, our responsibility to explain to them why we have to embark on such a programme and adequately prepare them to face the challenges of the millenium.

The MTUC, being a workers organisation, has an important role to play in national development. For, it is in the interest of the working people that the nation continues to progress. Such progress must ensure better social services and economic justice. It is therefore inevitable that the MTUC must involve itself in the nation’s development.

So let us resolve that we shall iron out our differences, if and when we encounter them, in a friendly spirit, and that we shall embark on the task ahead with total commitment and determination.

It is a long term programme. Therefore, it is necessary that there must be periodical review in order to assess its implementation and to also determine whether there is a need to introduce changes. It is desirable that such reviews be carried out at least once every two years by the General Council before the Biennial Delegates Conference of the MTUC