The government has yet again invited criticism from the International Labour Organisation (ILO) for not doing enough to enhance freedom of association, lengthening a dubious track record held since 1989.

Over the years, the ILO's Committee on Freedom of Association (CFA) has periodically issued reports that placed the Malaysian situation as effectively being in the doldrums, because of the government's lackadaisical attitude to this key labour right.

In censuring the government once more for its indifference, the committee noted the continued failure to adopt extensive and specific recommendations it has made on freedom of association.

"The committee notes with deep regret that the government merely reiterates the arguments submitted in its initial reply," read the 335th Report of the Committee on Freedom of Association released last November and recently obtained by malaysiakini.

"The committee emphasises that all the points raised by the government in its communication have already been dealt with at length and rebutted in its previous decision on the merits, including through examination of the relevant provisions of the Trade Union Act 1959."

The censure is specific to the much-curtailed application of labour laws by the government, particularly the Trade Unions Act 1959.

"The committee recalls that ... it has been called to comment upon them in no less than seven cases over a period of more than 15 years, without any progress whatsoever.

"The committee strongly deplores, once again, the continued total lack of co-operation of the government which merely repeats previous statements and arguments, does not provide a substantive reply or fails to respond altogether."

Expert opinion

Last month, an independent team of legal experts examining the application of the ILO's conventions and recommendations in member states released an update following the 93rd Session of the International Labour Conference.

In the Report of the Committee of Experts on the Application of Conventions and Recommendations, Malaysia was chided for an incomplete reply to its previous recommendations on the Right to Organise and Collective Bargaining Convention 1949.

The recommendations include repealing section 15 of the Industrial Relations Act 1967 which limits the scope of collective agreements for companies granted "pioneer status" and amending labour laws to conform with the convention.

The Malaysian Trades Union Congress (MTUC) has regularly complained to the ILO about the deterioration of the freedom of association.

The CFA recommendations - for governments to use in streamlining national laws - comes with an offer to provide technical assistance. However, the Malaysian government has previously rejected the offer, saying "there is no necessity for an ILO mission in this matter".

Malaysia has ratified five core ILO conventions - Right to Organise and Collective Bargaining (in 1961), Forced Labour (in 1957), Equal Remuneration and Minimum Age (both in 1997), and Worst Forms of Child Labour (in 2000).

Of the remaining three, the government had yet to ratify the Freedom of Association and Discrimination. It has denounced the Abolition of Forced Labour in 1990.

While the government is currently working on amendments to several labour laws, trade unionists believe this will only amount to tighter executive control over an already-repressed labour movement.