SEVERAL non-governmental organisations (NGO) hit out at the Human Resources Ministry (MOHR) for crediting the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) for the recent amendments done to the Employment Act 1955.
“Malaysia is sovereign nation. We can amend out labour laws anytime to protect our workers’ rights,” the NGO’s retorted, in a statement.
The NGOs and political parties which signed the statement were Parti Sosialis Malaysia (PSM), IDRIS Association, Third World Network and Persatuan Sahabat Wanita.
Last month, Human Resources Minister Datuk Seri M Saravanan tabled several amendments to better protect workers’ rights, among them being expanding the existing provisions to provide protection to those earning above RM2,000.
The amendments also mandated 90 days maternity leave for female workers (from the current 60 days) and reduced work hours from 48 hours a week to 45 hours.
However, the Tapah MP courted brickbats after saying that the amendments were done to comply with requirements under the CPTPP, the Malaysia-United States Labour Consistency Plan and the International Labour Organisation (ILO).
On that note, the groups reminded Saravanan that many of the amendments made were in line with the demands made by local labour activists and women’s rights association for a long time.
While lauding the amendments, the NGOs said that Putrajaya should not mislead the people by saying the move was only made possible due to CPTPP.
“It is unacceptable to justify the adverse effects of the trade agreement by sugar coating the 30 over chapters in this agreement with these pro-labour amendments,” it stressed.
The groups reminded the Government of its missteps while negotiating the now defunct Transpacific Partnership Agreement (TPPA), mooted under the-then US president Barack Obama.
Back then, Malaysia was ranked under tier three of the US Annual Trafficking in Persons Report 2014, until then Secretary of State John Kerry upgraded the country to tier two in order to allow negotiations to take place.
“Kerry was criticised for it which then prompted him to say that he would ensure then-Malaysian premier Datuk Seri Najib Tun Razak addresses labour rights violations and amend its laws accordingly.
“As a result, Malaysia signed the TPPA together with side letters between Malaysia and the US, laying out its commitments to amend our labour laws,” it quipped.
On CPTPP, the groups noted that the agreement will give more importance towards imports compared to exports, with Malaysia probably having to remove its tariffs on imports from signatory countries by 100%.
It added that the tariff elimination will make imports cheaper, increasing their entry into the Malaysian market, which could reduce sales of local products which compete with these imports.
“As a result of increased imports, the effect of CPTPP is estimated to reduce Malaysia’s trade balance by US$2.4 bil per year (RM9.6 bil), which will have a negative impact on the job market.
“Hence, any amendments done to our labour laws such as the Industrial Relations Act, Employment Act and the Trade Union Act would be overwritten by the elaborate powers given to investors and foreign capital in the CPTPP.
“And the investment chapter gives unprecedented powers to firms of other CPTPP countries to challenge Malaysia should we conduct our affairs in a manner that is seen to impact the investment value of the investor,” it mentioned.
Respect local workers on your own accord
On related matter, the Malaysian Trades Union Congress (MTUC) reminded Putrajaya that it was obligated to embark on progressive transformation to protect workers’ rights without being dictated by provisions under the CPTPP.
“To credit to CPTPP only signals two things, one is our Government has failed to appreciate the sacrifices made by our workers on its own accord and secondly, Putrajaya is only prepared to make enough concession just to create an impression that we will comply with international labour standards.
“Either way, it shows that our Government will only make changes after being whipped by external forces,” its Penang chapter secretary K Veeriah told FocusM.
The veteran unionist then urged the MOHR to adopt pro-active approach in making the transformation changes needed to balance the current pro-capital labour laws.
“And to say that we need to amend our labour laws just because CPTPP dictates it, that is not only nonsensical but is also an act of abdicating Malaysia’s sovereignty to foreign powers,” Veeriah retorted. – Nov 20, 2021.
