The International Labor Standard on the Elimination of Discrimination in Employment: Response and Prospect of Malaysia

Authors: Harlida Abdul Wahab

Abstract:

Discrimination in employment has its wider social and economic consequences other than mere violating a basic human right. Discrimination involves treating people differently because of certain grounds such as race, color, or sex, which results in the impairment of equality of opportunity and treatment. As an essential part of promoting decent work, combating discrimination through the principle of non-discrimination has been established by the International Labor Organization (ILO) through the Declaration on Fundamental Principles and Rights at Work 1998. Considering elimination of discrimination in employment as a core labor standard, member states are expected to respect, promote and implement it to their national laws and policies. Being a member state, Malaysia has to position herself align with this international requirement. The author discusses the related convention together with Malaysia-s responses on the matter. At the closing stage, the prospect of Malaysia is presumed taking into account of the current positions and reports submitted to the ILO.

Keywords: Discrimination, employment, international labor standard, Malaysia.

Digital Object Identifier (DOI): doi.org/10.5281/zenodo.1058081

References:

[1] ILO, The ILO and the world of work, Geneva: International Labor Office, 1984.
[2] ILO, Report of the Director-General: Decent work, International Labor Conference 87th Session, 1999, http://www.ilo.org/global/what_we_do/officialmeetings/ilc/ILCsessions/ 87thSession/lang_en/index.htm (accessed on 8 June, 2004).
[3] N. Valticos and G. V. Potobsky, International labor law, 2nd ed, Deventer/Boston: Kluwer Law & Taxation Publishers, 1995.
[4] J. S. Mah, "ASEAN, labor standards and international trade", ASEAN Economic Bulletin, vol. 14, no. 3, pp. 292- ,March 1998.
[5] H. Kellerson, "The ILO declaration of 1998 on the fundamental principles and rights: a challenge for the future", Int-l Lab. Rev., vol. 137, no. 2, pp. 223, 1998.
[6] ILO, The International Labor Organization-s fundamental conventions, Geneva: International Labor Office, 2003.
[7] ILO, Review of annual reports under the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work, Geneva: International Labor Office, March 2010.
[8] ILO, ILOLEX Database on International Labor Standards, "Conventions and Recommendations". (accessed 7 May, 2008).
[9] L. Wirth, Breaking through the glass ceiling - women in management. Geneva: International Labor Office, 2001.
[10] ILO, ILOLEX Database on International Labor Standards, "R111 Discrimination (Employment and Occupation) Recommendation, 1958". (accessed 18 April, 2005).
[11] V. Jean-Maurice, "The contribution of international labor standards to French law", Int-l Lab. Rev., vol. 132, no. 5/6, pp. 673- , 1993.
[12] C. E. Landau, "The Influence of ILO standards on Australia labor law and practice", Int-l Lab. Rev., vol. 126, no. 6, pp. 673-, Nov/Dec. 1987. Proquest Direct, via ABI/INFORM Global, (assessed 5 June, 2004).
[13] T. S. Jewa, Public international law - a Malaysian perspective, Kuala Lumpur: Pacifaca Publication, 1996.
[14] H. T. L. Ean, Measuring up to CEDAW: how far short are Malaysian laws and policies?, Insaf, vol. XXXII, no. 3, pp. 16-28, 2003.
[15] ILO, "Annual review - Compilation of Annual Report by the International Labor Office". (accessed 6 July, 2006).
[16] A. A. Bari, "The right to equality under the Constitution: the implication of the Federal Court decision in Beatrice Fernandez", The Law Review, pp. 373-381, 2005.
[17] ILO, Country baselines under the ILO Declaration Annual Review (2000-2012): Elimination of discrimination in respect of employment and occupation (DISC). http://www.ilo.org/declaration/followup/ annualreview/countrybaselines/WCMS_091262/lang--en/index.htm (accessed on 20 February 2013).
[18] G. Tsogas, Labor regulation in a global economy, New York: M.E. Sharpe, 2001.
[19] "United Nations General Assembly WOM/1562", United Nations. http://www.un.org/News/Press/docs/2006/wom1562.doc.htm (accessed 30 September, 2007).