The Malaysian Insight

THE Human Resources Ministry will push to ratify an international treaty aimed at eliminating sexual harassment and violence in the workplace, despite initially being non-committal on the convention.

Malaysia had initially taken a neutral stance on convention 190, or C190, of the International Labour Organisation (ILO), following consultation from Malaysia’s largest grouping of private sector unions, the Malaysian Trade Unions Congress (MTUC), and the Malaysian Employers’ Federation. Both groups had initially declined to ratify the treaty.

Human Resource Minister M. Kulasegaran said despite supporting the ratification of the C190, Malaysia voted to abstain as it cannot be in conflict with the MTUC and the MEF, who are stakeholders.

“I, as minister, agree (to ratifying it) but I am bound by two issues. I have to discuss with all stakeholders, and I have to get cabinet approval before a final decision is made,” Kulasegaran told reporters last night.

“The ministry has always been consistent that labour rights be protected, including from violence and harassment in the workplace.”

According to its text, the convention is meant to eliminate all forms of violence and harassment against any individual or group in all workplaces including cafeterias, parking lots and even outstation trips.

Besides wage earners, the Violence and Harassment Convention 2019, also covers contractors, temporary workers and even individuals who show up to an employer for a job interview.

Kulasegaran said that the convention’s most contentious element for the MTUC and MEF was the inclusion of LGBTQ individuals in the conventions list of vulnerable groups.

However, after a last minute amendment to remove LGBTQ persons from the list, the two groups had agreed to accept the convention, leading to Putrajaya’s change of stance.

MTUC secretary-general J. Solomon told The Malaysian Insight that the grouping did not initially sign the convention due to a misconception but declined to elaborate on what this meant. 

He confirmed that MTUC now supports ratifying the convention.

Solomon added that ending violence and harassment in the workplace was a key aim for MTUC.

“Protection of every worker in Malaysia is the responsibility of the MTUC and moving forward, MTUC hopes that the government will ratify the convention,” he said.

The All Women’s Action Society (Awam) said adopting the convention’s recommendations could result in new laws or changes to existing ones that could provide equal rights, better working conditions and could also potentially lead to better hours.

Awam communications officer Lochna Menon said the country needed better and more specific legislation to fully outlaw harassment of all kinds at work.

“Currently there is only a vague provision in the penal code to deal with harassment and it puts the burden of proof on the victim to prove serious harm and intent has to be proven,” Lochna told The Malaysian Insight.

“The lack of protection for women in the workplace also inhibits more skilled women from entering the workforce despite the fact that they make up close to 70% of all university and college graduates,” she said. – June 28, 2019.