The government does not have to bow to external pressure in harmonising international standards on freedom of association with domestic labour laws, a cabinet minister said today.

Human Resources Minister Dr Fong Chan Onn said the government has already explained its stand on the matter to the Malaysian Trades Union Congress (MTUC) and that discussions are going on.

"This does not mean we have to oblige the International Labour Organisation (ILO) by adopting all its recommendations. We don't have to obey them all the time (but) we've been good a member," he told reporters after the weekly post-cabinet briefing at the ministry in Putrajaya.

"We have conveyed our reasons to the MTUC. Furthermore, I think we have a fairly harmonious industrial relations."

He was asked to comment on the ILO's repeated criticism of the government for failure to adopt recommendations on freedom of association, following complaints from the MTUC over the last 15 years.

Besides reiterating its previous replies, the government has also refused ILO's offer of technical assistance to bring labour laws in line with international standards.

Malaysia has not ratified the convention on Freedom of Association and Protection of the Right to Organise 1948.

On this, Fong said the government has ratified many ILO conventions but some were unsuitable due to certain peculiarities.

"There are some (conventions) that are not suitable within the Malaysian context...for example, our peculiarity is the fact that the Trade Unions Act 1959 cannot be pan-Malaysian due to the federation agreement with Sabah and Sarawak," he explained.

"Remember that the freedom of association convention has also not been ratified by many other countries based on their own peculiarities."

'Necessary clout'

The minister was also asked on the proposed amendments to the Act which the labour movement fears will place greater government control over trade unions.

Refuting the claim, Fong said the government wants to avoid the recurrence of a situation similar to the leadership crisis in the National Union of Bank Employees (NUBE).

Referring to the four-year crisis, he said it now seemed necessary to propose for more powers to be granted to the Director-General of Trade Unions (DGTU).

"We're not trying to control trade unions. We only want the DGTU to be given the necessary clout, for example, to conduct fresh elections.

"The proposed amendments are to curb chaotic situations. Anarchic situations should not be allowed to prolong. Anyway, our discussions with the MTUC are still going on. Nothing is final yet."

He justified the proposal by citing the High Court decision in the NUBE case which ruled that the DGTU does not have powers to call for fresh elections in ending the impasse.

He firmly denied that the proposed amendments were based on problems that had arisen out of the NUBE crisis, but said it was "a good example" of the situation.

On April 5, Fong's deputy Abdul Rahman Bakar was quoted in Berita Harian as saying that the changes to the Act would promote the growth of more effective trade unions.

At a meeting on Monday with MTUC president Syed Shahir Syed Mohamud, Fong had said another meeting would be called between the feuding NUBE factions before the upcoming appeal hearing.

"We have told both groups about the meeting on Friday together with the MTUC leadership, but I'm not sure whether or not both sides will be present," he said today.

Despite several attempts by his ministry, efforts to bring both parties together have been futile. However, there is consensus on holding fresh polls to determine a new and legitimate leadership.

In early January, Syed Shahir, upon taking over MTUC, had placed the resolution of the NUBE crisis as his top priority .