Malaysia is one of Asia's biggest employers of foreign labour. But recently, cases of deaths, abuse and forced labour have come to light. What is going on? Who is protecting these migrant workers?
Part 2
The International Labour Organisation (ILO) has endorsed the Guiding Principles. In one of the ILO reports it says the Guiding Principles provide public and private actors with guidance on how to advance human rights.
The intent of the Guiding Principles is to contribute to a better understanding of why human rights are not only common values and the “rules of the game” but also it is good for businesses. The UN Guiding Principles comprises 31 principles.
Principle 12 specifically refers to the ILO standards. “The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights (including the Universal Declaration of Human Rights), and the principles concerning fundamental rights set out in the International labour Organization’s (ILOs) Declaration on Fundamental Principles and Rights at Work.
It states that it is the responsibility of employers to respect all rights because business enterprises can have an impact on virtually the entire spectrum of internationally recognized human rights. To us of particular interest relate to rights of workers to form and join unions; right to collective bargaining including the right to strike; rights of migrant workers; rights of women and children and workers with disability; right to equality and non-discrimination. It is important to recognise that the UN Universal Declaration on Human Rights defines trade union right as a basic human rights.
ILO, ILC 2017 Report of the Committee for Fundamental Principles and Rights at Work, para 193. ILO, Geneva, 2017
Declaration on Fundamental Principles and Rights at Work adopted by ILO in 1998, as referred to principle 12 in the Guiding Principles include core fundamental ILO conventions which can be grouped into 4 categories as follows.
• Right to association and collective bargaining (forming unions and membership to unions) Convention. Nos. 87 and 98
• Right to non-discrimination and equality- Convention Nos. 100, 111
• Right of children and the elimination of child labour-Convention Nos. 138, 182
• Right to elimination of forced labour- Convention Nos. 29 and 105
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