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The ASETUC National Advocacy Workshop

“ASETUC for ASEAN Community: From Vision to Action”

08th – 09th June 2010, Federal Hotel, Kuala Lumpur

ASETUC Malaysia

 

 1.      Preamble

The ASETUC National Advocacy Workshop with the theme “ASETUC for Asean Community: From Vision to Action“ held at the Federal Hotel Kuala Lumpur on 8th-9th June 2010 was jointly organized by ASETUC and Friedrich Ebert Stiftung (FES) Singapore with the purpose to promote advocacy amongst Global Union Federations operating in the ASEAN Region as well as consolidate cooperation and solidarity for a common cause and action.

A total of 50 participants from all 3 Global Union Federation, UNI Global Union-Malaysia(UNI), Public Services International (PSI) and Building Workers International(BWI) participated in this remarkable event and we believe it will positively lead to greater cooperation of the GUFs to become the voice of the Service Sector Workers in the ASEAN Region.

 

2.      Welcome Speech by Bro. Mohamed Shafie BP Mammal, General Secretary of ASETUC

Bro. Mohamed Shafie BP Mammal conveyed his warm welcome to FES Singapore, all honorable guests, speakers and participants of the 3 GUFs participating in the ASETUC National Advocacy Workshop. To begin with, he requested for a one minute silence in recognition to all volunteers and activists who departed trying to transport aid to Gaza.

The General Secretary than explained the purpose of holding this workshop was to promote trade union awareness and the decent work agenda among member nations of ASEAN and at the same time the workshop would establish a united and workable approach to engage the ASEAN Secretariat for protecting all workers rights including migrant workers in our Region. He than thanked FES Singapore, UNI-APRO, ASETUC Malaysia, all speakers and honorable guest for gracing this event with their presence and participants for their cooperation and their interests in the Regional Labour issues and collaboration of the GUFs. This is the first time we manage to bring the three GUFs together to show the solidarity of our purpose in our common endeavor.

 

3.      Opening Speech and Keynote Address, by Bro. Andre Edelhoff of FES Singapore

Bro. Andre Edelhoff introduced himself and FES to all participants. He said FES was founded in 1925 as the political legacy of Germany’s first democritically elected president, Friedrich Ebert. Since the beginning of the foundation’s work in South, Southeast and East Asia, the FES has focused on promoting democracy and strengthening the social dimension of economic development.

In the past few years, the FES has also promoted international dialogue within Asia as well as between Asia and Europe; in particular, the issue of crisis prevention has become a key focal point in the work of the foundation.

In its work the foundation co-operates with a number of governmental institutions, trade unions, political parties, social movements, NGOs, as well as international organizations.

He also spoke about FES’s activities in Asia and the Pacific and subsequently thanked ASETUC Malaysia for having him present on both days of the Workshop and FES would like to help ASETUC Malaysia to become a dialogue partner to engage with all countries in our Region and ASEAN Secretariat.

Last but not least, he emphasized the importance of trade union’s roles in the gradual construction of sectoral bipartism and tripartism in ASEAN as a successful path taken by the EU. There must be differences in ASEAN but the principles of partnership and an institutionalized mechanism for social dialogue at the regional level remain. In this endeavour, ASETUC Working group in Malaysia plays a significant role on par with ASETUC Working group in other ASEAN countries.

 

4.      Speakers at the ASETUC National Advocacy Workshop

 

Topic 1: Asean Occupational Safety & Health by Mr. Fadzil Osman, General Manager Operations NIOSH Malaysia

Mr. Fadzil Osman presented his paper on Asean Occupational Safety & Health. He spoke about OSH’s Activity in Malaysia followed by its background, locations in Malaysia, training, social responsibility, ASEAN-OSH Activities, Challenges, Prospects and Recommendations.

ASEAN-OSH recommends that the top management of enterprises needs to understand clearly that work safety and health is something that can be managed, OSH professionals need better tools for measuring the economic impact of work injuries, urgent need to develop means and methods for measuring the indirect costs of injuries. The other way forward to improve OSH amongst ASEAN is the possibility of engaging the global/regional corporations that operates within ASEAN region.

 

Topic 2: The   Role   and   Objective  of  ASEAN  Confederation  of  Employers, by Ms. Hajjah Azizah Bt Talib, Economists, Malaysian Employers Federation (MEF)

 

Ms. Hajjah Azizah Bt. Talib presented her paper on The Role and Objective of ASEAN Confederation of Employers. She stressed on ASEAN Confederation of Employers (ACE) and the Priorities for ASEAN in labour and employment. The role of ACE is to foster the solidarity and development of   Employers’ Organizations in the region, To safeguard and promote the interests of ASEAN employers, Sharing and exchanging information and experience on: 

  -         economic issues

  -         labour market

  -         labour legislation

  -         education & training

 On the other hand, ASEAN Priorities are to Enhancing competitiveness through productivity increase, Skills development and certification, Mutual recognition of skills among ASEAN in view of 2015 economic integration, Reviewing of labour legislation to promote flexibility in management, Strengthening tripartite partnership to tackle challenges of an aging workforce, foreign workers, increasing participation of women in labour market and Ensuring inclusive growth for all segments of workforce.

 

Topic 3: ASETUC Economic Integration and Its Impact on Trade Unions and Workers by Bro. Mohamed Shafie BP Mammal, General Secretary, ASETUC

The General Secretary of ASETUC Malaysia presented his paper on ASETUC Economic Integration and Its Impact on Trade Unions and Workers. He introduced ASETUC Malaysia to all participants, its priorities to become a dialogue partner of ASEAN Regional Secretariat and focus on the inclusion of the Trade Unions and The protection of Labour Rights In the commitments of ASEAN Member Countries under the “ASEAN Framework Agreement on Services (AFAS) and Labour migration and rights of migrant workers and ASEAN Framework Instrument on the promotion        and protection of migrant workers. He stressed that Governments in the ASEAN Region have achieved much progress in Regional Cooperation and unification of the people of the regional. After 40 years of its inception the bonds of regional solidarity to create a cohesive, economically integrated and socially responsible society in ASEAN has been strengthened through the signing of the ASEAN Charter by all 10 Members of ASEAN in 2009.

Also, ASETUC and the Global unions will push for more space and official recognition in the various bodies of ASEAN by engaging with the ASEAN Secretariat to promote the decent work agenda and the protection of workers rights in all member states. He also said that the The National Laws of each member country should be harmonized to provided for equal opportunities for employment, fair procedures for dismissal of workers and to settle labor disputes for local as well as migrant workers.

The ASEAN Senior Labor officials meeting (SLOM) will have to play a pivotal role in the adoption and implementation of a Labor policy that is “Rules Based” and “People Oriented” as declared in the ASEAN CHARTER in every member country of ASEAN.

 

Topic 4: Migration   of   Labour   in   ASEAN   by   Dato’   Siva   Subramaniam, Former Commissioner of the Human Rights Commissioner (SUHAKAM)

Dato’ Siva Subramaniam, presented his paper on Migration of Labour in ASEAN. He shared his experience of being deeply involved in the Human Rights Commission and all issues and problems that were faced by Migrant Workers as well as Locals due to Migration of Labour.

He said that Malaysia is a receiving country and we received migrant workers from more then 15 countries around the world. The sending countries sends workers promising them job security in Malaysia but when they arrive here, they end up being involved in slavery and human trafficking which is obviously inhuman and counter productive to the Nation. Some are abused physically and sexually especially women in order to earn money for a living. He said the involvement of agents who are mostly politicians have complicated the situation and has tarnished the image of Malaysia. He recommended that the authorities come down hard on the errant agents and say that it is better for the employers to recruit the workers directly. 

 

Topic 5: Decent    Work    by    Bro.    Mohd   Khalid   Atan,   Deputy   President, Malaysian Trade Union Council (MTUC)

 

Bro. Mohd Khalid Atan presented his paper on Decent Work and why is it is important. Decent work, as a concept and an agenda, was introduced and initially promoted by the International Labour Organization (ILO) in 1999.

He mentioned every person on earth should be able to have a job that enables them to live a good life in which their basic needs are met, that is why decent work is important. He also presented a checklist on how the country is doing as far as decent work is concerned. He began with the question whether everyone can join a union as they please, followed by enquiring whether every woman and man in our country have the opportunity to obtain work that enables them and their families to live a decent life and whether are trade unions in our country free to perform heir work without outside interference and without restriction on organizing, bargaining and striking and lastly does our country support the work of the International Labour Organization on promoting Decent Work?

Bro. Mohd Khalid Atan spoke about Job Security and Income Security. In recent years, in the name of globalization and as incentive to foreign investors Government policies has converted regular and secure employment to contract and irregular work. He said that by the introduction and agreement to provide decent working conditions, the employers will greatly enhance the productivity of the workforce and ultimately the profits of the enterprise or service being provided. The maximization of profits should not be the only priority of any employer. He said there is much consultation with Malaysian employers by the Economic planners of ASEAN but non with the Labour leaders of Malaysia. Thus it is important that ASETUC be included as a dialogue partner by the ASEAN Secretariat.

 

Topic 6: Labour     Laws     in     Malaysia      by     Mr.     Mustafar     Maarof, Executive Secretary of Malaysian Airlines Services Employees Union (MASEU)

 

Mr. Mustafar Maarof presented his paper on Labour Laws in Malaysia. He shared his experience on being the Executive Secretary of MASEU that is dealing with all issues of Malaysian Airlines Staff and solving their problems. He also spoke on the amendment of labour law in Malaysia and its process until it is submitted to the Parliament as follows: 

•         Technical Working Group for each Act

•         Steering Committee for each Act

•         National Labour Advisory Council

•         Attorney General  Office

•         Cabinet

•         Parliament

He lamented the lack of consultation and the bull dozing of amendments with the unilateral decisions of the Minister of Labour to suit the needs of employers and not taking into consideration the proposal by the unions and the National Labour Centre.

 

Topic 7: Migration   of   Labour   in   Malaysia   by   Tuan   Haji   Mohd  Sabri  Bin Haji Karmani, Deputy General Man Power Department Ministry of Labour Malaysia

 

Tuan Haji Mohd Sabri Bin Haji Karmani, Deputy Director General Man Power Department Ministry of Labour Malaysia presented his paper on Migration of Labour in Malaysia. He defined Migration, Migration of Labour and Classification of Migrants. He spoke about The historical view on global migrations, migration in Malaysia and reason for Migration: 

—  Voluntary

-          Economic - country’s wealth, broader empire, rural-urban, less developed state t0 developed state

-          Political-stability in Malaysia

-          Social - similar  culture like Indonesia

-          Demography

-          They have relatives in the migrant country

  Forced

-          British, Portuguese and German colonization during 15th centuries

-          Life pressure

-          Political instability

-          Wages very low in their country of origins

-          Less job opportunities 

 

5.  Group Discussion between Participants of BWI, PSI and UNI Global Union-Malaysia

After all speakers have presented their papers, the participants were divided into 3 groups comprising of all 3 GUFs. The following question was posed to the Groups for discussions.

**

Identify three critical issues which ASETUC should bring to the ASEAN Secretariat & Why?

The following were the response from the Groups:

Group 1 

1)         We must have local ASETUC Malaysia formed to have effective communications with the Global Union Federations. 

2)         Government to Government table talks for Migrant workers recruitment

-     Get rid of agent element control;

-     Framework agreement on Migrant workers protection.

3)         Influence Labour Legislation in Malaysia.

 

Group 2 

(a)        Migrant Workers policy to be reviewed including Human Rights of workers

(b)        The Minimum wage structure should be adopted and made into the law 

(c)        Job security for ASEAN workers.

-     ASETUC as a one-stop centre for all unions in Malaysia

-     Draft long term proposal for ASEAN Workers.

 

Group 3 

(a)        Seek recognition for ASETUC as a dialogue partner for ASEAN Secretariat 

(b)        ILO Policy on Migrant Workers should become the basis of tasks on migration 

(c)        Decent work for all ASEAN Workers should be promoted as the basis of Jobs and justice in the ASEAN Member Countries 

 

6.      ASETUC National Advocacy Workshop Resolution 

The following Resolution was passed by all three GUFs at the end of the workshop: 

(i)         The three Global Union Federation (GUF) which met at the ASETUC National Advocacy Workshop on the 08th – 09th June 2010 in Kuala Lumpur has agreed in Principle to the formation of ASETUC Malaysia. 

ii)         The Global Union Federations also agreed to formulate a framework within Malaysia based on political, economic and social environment in the country. 

iii)        The Malaysian ASETUC Committee comprising the three Global Union Federations (GUF) will be formed in one months time. The Committee will be selected in consultation with the three Global Union Federations (GUF).

 

7.       Conclusion 

As the theme of the National Advocacy Workshop indicates ASETUC for ASEAN Community and from Vision to Action the session ended with on a very positive note from all participants and leaders of the three GUFs in Malaysia. 

The needs for Vision and Action by ASETUC to become a dialogue partner with the ASEAN Secretariat has been planted. All in all Mr. Andre Edelhoff, the FES Singapore was truly satisfied and very impressed with the way the participants interacted on all issues without fear or favour. 

He then expressed his desire to help fulfill the aspiration of ASETUC to become a dialogue partner in ASEAN and promote and protect workers and trade union rights in the ASEAN Region.  

Bro. Mohamed Shafie BP Mammal added on by expressing his gratitude for the full commitment and participation of the Global Union Federations and have set a very high standard in this workshop. He was fully satisfied with the outcome.

ASETUC Malaysia 2  

 

Click to download presentations

FES Welcome Remarks

Labour Laws in Malaysia

ASEAN Occupational Health and Safety

ASEAN Confederation of Employers (ACE)

Decent Work in Malaysia

Migration of Labour in Malaysia

Resolution