CHILD LABOUR ISSUES AND CHALLENGES: A REVIEW OF INTERNATIONAL AND MALAYSIAN LAW
DOI:
https://doi.org/10.18623/rvd.v22.n4.3716Keywords:
Children and Young Persons (Employment) Act 1966, Child Labour, Children’s Rights, Child Protection, EducationAbstract
Children are valuable assets to a nation and crucial for the future progress of society and the country. However, the reality of child labour persists as a global challenge, notably in many developing nations like Malaysia. Despite the enforcement of laws, international organisations such as the ILO and CRC continue to urge further action to address the issue of child labour in Malaysia including related to age, child’s right to education, and child labour in Sabah. This paper intends to conduct a thorough legal analysis of child labour, focusing on international and Malaysian laws. It begins by examining global standards set by key conventions and treaties. The study then transitions to an analysis of Malaysian legislation to evaluate alignment with international standards and effectiveness in addressing child labour issues. This study employs qualitative method. This study found that the government continues to actively combat child labour through amendments to legislation, such as the Children and Young Person (Employment) Act 1966, and by implementing the National Child Policy to ensure alignment with global standards. Nevertheless, conflict in the minimum age of children in local legislation infringes on the safety of children and young persons in employment. Recommendations are put forward to strengthen legal protections against child labour in Malaysia, calling for policy reforms, enhanced enforcement measures, better educational opportunities, and increased collaboration among stakeholders.
References
Ab Rahman, N.H., Mohd Zahir, M.Z. & Althabhawi, N.M. (2023). Repercussions of COVID-19 Lockdown on Implementation of Children’s Rights to Education. Children. 10, 474. https://doi.org/10.3390/children10030474
Ab Rahman, N.H., Salawati Mat Basir & Mohd Zamre Mohd Zahir. (2022). Discrimination of Street Children’s Rights to Development and Sustainable Development Goals 2030 (SDG 2030). Res Militaris. 12 (2) 7041-7056.
Ali, M. N., Golar, Nur, N., et al. (2019). Understanding Child Labour in Economic Activities to Avoid Ecological Damages through the Precautionary Principle towards Sustainable Development Goals. Journal of Engineering and Applied Sciences, 14(21), 8010-8015.
Baqutayan, S. M., Bagotayan, S. M., Hussin, H., et al. (2020). Is Child Labour an Issue Today? Factors and Policy Related. Journal of Social Sciences Research, 6(9), 826-837.
Churchill, S. A., & Smyth, R. (2020). Ethnic Diversity: Energy Poverty and the Mediating Role of Trust: Evidence from Household Panel Data for Australia. Energy Economics, 86, 1-12.
Cicca, P. D., & Krashinsky, H. (2020). Does Education Reduce Teen Fertility? Evidence from Compulsory Schooling Laws. Journal of Health Economics, 69, 1-12.
Earthworm Foundation. 2019. Children in the plantations of Sabah: Stakeholder consultation workshop report – challenges for businesses and recommendations for improved sustainability practices.https://www.earthworm.org/uploads/files/Children-in-Plantations-Sabah-Report-2018.pdf [26 June 2024].
Earthworm Foundation. 2021. Training palm oil companies in Malaysia on protecting children in plantations.www.earthworm.org/news-stories/tools-strengthen-child-protection-malaysian-palm-oil
Hee Yuan Ni. (2023). Comparatively Child Labour Legislation in Malaysia and Australia Affecting Education Policy. Final Year Project, Universiti Tunku Abdul Rahman (UTAR), 1-85.
International Labour Organisation and United Nations Children’s Fund. (2020). Child labour: Global estimates 2020, trends, and the road forward. https://www.ilo.org/ipec/Informationresources/WCMS_797515/lang–en/index.htm
International Labour Organisation. (2019). Background on strengthening National Action Plan to address child labour in Malaysia. United States Department of Labor. https://www.dol.gov/agencies/ilab/background-study-strengthening-national-action-address-child-labour-malaysia
International Labour Organisation. (2020). Developing National Actions Plans on Forced Labour. United States Department of Labor. https://www.ilo.org/media/389966/download#:~:text=Once%20the%20scope%20of%20the,the%20NAP%20requires%20robust%20governance
International Labour Organisation. (2020b). ILO’s supplier guidance on preventing, identifying and addressing child labour. International Labour Office (ILO). https://www.ilo.org/publications/supplier-guidance-preventing-identifying-and-addressing-child-labour
International Year for the Elimination of Child Labour. (2021). Child labour: Global estimate 2020, Trends and the road forward. https://endchildlabour2021.org/wp-content/uploads/2021/11/Child-labour-Global-estimates-2020.pdf
Iskandar, I. M. (2024, February 8). Awareness campaign, cash aid among measures to curb rising school dropout rate. New Straits Times. https://www.nst.com.my/news/nation/2024/02/1011153/awareness-campaign-cash-aid-among-measures-curb-rising-school-dropout
Janjang, J.M., Mohd, N. M. Y., & Hamid, H.A.A. (2023). Parents’ Challenges against the Intention of the Implementation of the 12-year Compulsory Education Policy in Malaysia. Journal of Social Science and Humanities, 20(4), 116-128.
Kadir, A. P. G. (2024, March 11). Higher export revenue from oil palm sector this year. New Straits Times Online. https://www.nst.com.my/business/insight/2024/03/1023959/higher-export-revenue-%C2%A0oil-palm-sector-year
Kadir, N. A. A., Makhtar, M., Yusof, N. M. et al. (2021). Protection of Best Interest: A study on Children Working in the Entertainment Industry in Malaysia and Their Right to Education. Pertanika Journal Social Science and Humanities, 29(2), 43-57.
Kamaruddin, N. S, & Zin, N.B. (2021). Combating Child Trafficking: Is the Convention on the Rights of the Child (CRC) and Existing Laws in Malaysia Adequate?. IIUM Law Journal, 29(1), 55-76.
Kementerian Sumber Manusia. (2021). National Action Plan on Forced Labour (2021-2025). United States Department of Labor. https://www.dol.gov/agencies/ilab/national-action-plan-forced-labour-2021-2025#:~:text=The%20NAPFL%20is%20an%20umbrella,with%20the%20SDG%20Target%208.7
Lepcha, N., & Paul, S. (2021). Exploring violence against children under Sustainable Development Goals In Filho. L. W., Brandli, L., Salvia, A.L, & Wall. T (Eds.), Gender Equality. Springer Reference.
Loganathan, T., Zhie X. Chan., Hassan, F., et.al. (2022). An examination of Legal Identity and Education Provision for Children in Malaysia. PLoS ONE, 17(2).
Milena, B., & Milos, F. (2021). The Employment of the Minors in the Context of Exercising the Child’s Right to Work. Law Theory and Practice, 38(4), 142-159.
Ministry of Education Malaysia. (2020). Malaysia education statistics 2020. Educational Policy Planning and Research Division, Ministry of Education Malaysia.
New Straits Time. (2023, June 25). Malaysia to join Alliance 8.7 to combat forced labour. https://www.nst.com.my/news/nation/2023/06/924003/malaysia-join-alliance-87-combat-forced-labour
Parliament of Malaysia. (2019). Non-verbal answer questions 2019, first meeting, second term, fourteenth parliament 2019. Parliament of Malaysia.
Pasaribu, S. I., & Vanclay, F. (2021). Children’s Rights in the Indonesian Oil Palm Industry: Improving Company Respect for the Rights of the Child. Multidisciplinary Digital Publishing Institute (MDPI), 10(5), 1–21.
Puder, J. (2019). Excluding Migrant Labour from the Malaysian Bioeconomy: Working and Living Conditions of Migrant Workers in the Palm Oil Sector in Sabah. Austrian Journal of Southeast Asian Studies, 12(1), 31–48.
Sharma, P. (2022). Children are Everyone’s Business: Child Labour, Corporate Social Responsibility and the Law in Malaysia. Malayan Law Journal Articles, 4, 1-14.
Shemily, P. J., & Murugan, K. R. (2021). The Cause and Impact of Child Labour on a Child’s Short and Long-term Health. World Journal of Research and Review, 13(4), 7-13.
Soni, L. P. (2022-2023). Legal Critical Analysis of Child Labour Prohibition and Regulation Act, 1986. Indian Journal of Law and Legal Research, 4, 1-12.
The Sun Daily. (2020, June 12). Amend Act 350 to prevent child labour abuse, says Suhakam. https://thesun.my/local_news/amend-act-350-to-prevent-child-labour-abuse-says-suhakam-DB2560445
Tullis, P. (2019, February 19). How the world got hooked on palm oil. The Guardian.
https://www.theguardian.com/news/2019/feb/19/palm-oil-ingredient-biscuits-shampoo-environmental
United Nations Children’s Fund (UNICEF). (2023). Children labour and other protection risks faced by migrant children living on palm oil plantations in Sabah. United Nations Children’s Fund (UNICEF) Regional Office for East Asia and Pacific (EAPRO). https://www.unicef.org/eap/media/13431/file/ASEAN%20CABM%20Malaysia%20case%20study.pdf
United Nations Children’s Fund (UNICEF). (2023). Child work and child labour: The Impact of Educational Policies and Programme in Law- and Middle- Income Countries. UNICEF Innocenti– Global Office of Research and Foresight. United Nations Children’s Fund. https://www.unicef.org/innocenti/reports/child-work-and-child-labour
United Nations Malaysia. (2019). Policy brief: Eradicating forced labour and child labour practices in Malaysia. International Labour Organisation (ILO). https://www.dol.gov/agencies/ilab/policy-brief-eradicating-forced-labour-and-child-labour-practices-malaysia [25 June 2024].
Wahab, A. (2019). Human Rights Anchored in Business. Practice and Challenges in the Palm Oil Sector in Malaysia. Asian International Studies Review, 20(1), 1–20.
Wahab, A. A. (2021). Understanding children assisting Parents, working children and child labour in the palm oil sector in East Malaysia (Sabah). https://shapesea.org/2021/02/16/online-conference-on-combating-child-labour-in-asean-southeast-asia/
Wahab, A., & Dollah, R. (2023). Measuring Child Labour in Oil Palm Production in Sabah, Malaysia. Sage Journals, 1-14.
Downloads
Published
How to Cite
Issue
Section
License
I (we) submit this article which is original and unpublished, of my (our) own authorship, to the evaluation of the Veredas do Direito Journal, and agree that the related copyrights will become exclusive property of the Journal, being prohibited any partial or total copy in any other part or other printed or online communication vehicle dissociated from the Veredas do Direito Journal, without the necessary and prior authorization that should be requested in writing to Editor in Chief. I (we) also declare that there is no conflict of interest between the articles theme, the author (s) and enterprises, institutions or individuals.
I (we) recognize that the Veredas do Direito Journal is licensed under a CREATIVE COMMONS LICENSE.
Licença Creative Commons Attribution 3.0
