Napfl 2021-2025

Government of Malaysia
National Action Plan on

Forced Labour (2021-2025)
Ministry of Human Resources

Forced Labour (2021-2025)
4 5
5. Monitoring and Evaluation 53

Contents
National Action Plan on Forced Labour (2021-2025)

5.1 Roles and Responsibilities of Committees 54
5.2 Monitoring and Evaluation Process 55
Message from the Honourable Minister of Human Resources 6
Foreword from the Secretary General of Ministry of Human Resources 8
ANNEXES
Pledges of Support for the Implementation of the NAPFL 10
Annex 1: National Action Plan on Forced Labour (2021-2025)
Acknowledgement 12
Results Matrix 56
Acronyms and Abbreviation 14
Annex 2: NAPFL Monitoring and Evaluation Framework 72
Glossary 15
1. Introduction 18
1.1 Background 19
1.2 Situation Analysis 23
1.3 Existing National Response 27
1.4 The Need for NAPFL 2021-2025 30
2. Institutional Framework 31
3. Legislative Framework 35
3.1. National Legal Framework 36
3.2 International Legal Framework 40
4. The National Action Plan on Forced Labour 42

4.1 Vision 45
4.2 Guiding Principles 45
4.3 Pillars of Forced Labour Elimination Strategies 46
4.4 Strategic Goals 47
4.5 Programme Areas 48
4.6. NAPFL Matrix Structure 51
6 7
Message from the Honourable Minister

of Human Resources
Forced labour has long been a pressing Federation (MEF) and Malaysian Trades
issue that plagues developing nations, in Union Congress (MTUC). A special
which Malaysia is not exempted. Forced appreciation to the International Labour
labour is one of the manifestations of Organization (ILO) for their tireless effort
trafficking in persons, and modern-day and support to the Government in
slavery like practices. addressing forced labour issues, as well
as to the other Civil Society
Organisations (CSO) and International
In Malaysia, forced labour is often Organisations for their input and
associated with migrant workers due to comments. My heartfelt gratitude also
their vulnerability and the country’s high goes to the Ministries and Government
reliance of migrant workers in labour Agencies including the Human Rights
intensive sectors and industries. The Commission of Malaysia (SUHAKAM) for
export ban on Malaysian products, as the participation and commitment in
well as the perceived image of the developing the NAPFL.
country due to forced labour has
necessitated the solidification of efforts
in a comprehensive manner. I wish to take this opportunity to
encourage and remind all civil servants
and stakeholders of our duties to the
As such, this inaugural National Action nation to uphold social justice and
Plan on Forced Labour (NAPFL) 2021- promote decent work. The NAPFL serves
2025 is a culmination of the as a guidance with a whole-of-nation
Government’s commitment in an action- approach, a shared responsibility among
oriented approach to address and all stakeholders, and not only the
subsequently eradicate forced labour in government. Let the delivery of the
the country. The NAPFL outlines the next
NAPFL be comprehensive, practical and

5 years’ course of action consisting of most importantly sustainable and
four (4) strategic goals, which is made in adaptable in the rapidly changing world
line with the National Action Plan on of work.
Anti-Trafficking in Persons 2021-2025
(NAPTIP 3.0).
I wish all of you the best in the
continuous dedication in implementing
I would like to congratulate all who were the National Action Plan on Forced
involved in the process of developing Labour 2021-2025.
YB Datuk Seri M. Saravanan this NAPFL, especially to the social
Minister of Human Resources partners, Malaysian Employers
8 9
Foreword from the Secretary General of

Forced labour is a recognized global (NAPTIP), and the Labour Trafficking

issue with alarming statistics. In year Committee of the Anti Trafficking in
2016, there is an estimation of 40.3 Persons Council of the Ministry of Home
million persons in modern slavery and Affairs.
24.9 million of those are involved in
forced labour. The issue of forced labour
is intrinsically linked to trafficking in To further complement on these existing
persons, modern slavery and labour commitments, it is our honour to
exploitation. present this inaugural National Action
Plan on Forced Labour 2021-2025
(NAPFL). The NAPFL was developed
Forced labour often occurs to the meticulously via the many consultations
vulnerable group segment of workers, with various stakeholders, most
such as migrant workers particularly importantly the Ministry’s social
those who are involved in irregular partners, the Malaysian Employers
migration. Against the backdrop of Federation (MEF) and the Malaysian
industrial revolution and the future of Trades Union Congress (MTUC).
work, the issue of forced labour has
unfortunately become more prevalent,
My appreciation goes to all who were
whereby companies from Malaysia were
involved in the development of the
issued with export sanctions, and the
NAPFL which aims to eliminate the use
country’s standing on various human
of forced labour in any and all forms in
rights fora has undergone multiple
Malaysia. The four strategic areas
concerning observations.
supported by the 4P Pillars (Prevention,
Protection, Prosecution and Partnership)
will pave the way for a more holistic and
As a country that firmly believes that
comprehensive action-oriented
forced labour is an infringement to
approach to achieve the aim as well as
human rights and constitutional rights,
fulfilling the SDG Target 8.7.
this has certainly propelled proactive
actions to tackle and address the issue at
the root cause.
It is my fervent hope that this document
will serve as a guide to consolidate
efforts in addressing and subsequently
To that end, the Government has
eliminate forced labour in Malaysia.
YBhg. Datuk Muhd Khair Razman bin undertaken various efforts under the
Mohamed Annuar ambit of National Action Plan on
Secretary General ,
Trafficking in Persons 2021-2025
10 11
Pledges of Support for the

Implementation of the National Action

Plan on Forced Labour 2021-2025
We, hereby affirm our support to fulfilling the efforts of the

Ministry of Human Resources to combat issues related to forced
labour and endorse the National Action Plan on Forced Labour
2021-2025 known as NAPFL 2021-2025. We, also hereby pledge
the commitment of our respective Ministries to achieve the
objectives and targets as underlined in the NAPFL 2021-2025.
12 13
Commodity; and the Department of Statistics that shared their technical

Acknowledgement

knowledge and expertise.
The National Action Plan on Forced Labour 2021-2025 (NAPFL) was developed with
technical assistance from the International Labour Organisation (ILO) through the 3. ILO Consultants and staff who have provided support in the development of the
“From Protocol to Practice: A Bridge to Global Action on Forced Labour” (BRIDGE) Background Study for the NAPFL, and co-facilitated consultation meetings and
Project. It has undergone multiple consultations and engagements involving a wide workshops on the NAPFL: Birgitte Poulsen, Andika Ab. Wahab, Terrence Too,
array of participants most notably from the Government’s social partners, and the civil Jodelen Mitra and Hairudin Masnin.
society organisations.
4. Participants from the NAPFL consultation sessions in Peninsular Malaysia, Sabah

On behalf of the Government, the Ministry of Human Resources would like to express and Sarawak for the Background Study on the Development of the National Action
our sincere appreciation to all parties who have contributed their efforts and provided Plan on Forced Labour and the national formulation workshop in December 2019
support and guidance throughout the process of development and finalisation of this including non-government participants: MTUC, MEF, Tenaganita, FGV Holdings,
inaugural NAPFL. Sarawak Oil Palm Plantation Owners Association, PUSMA, Malaysian Rubber
Export Promotion Council, Malaysian Palm Oil Certification Council, ANAK Sabah,
Global Shepherd, Migrant Care, Project Liber8, Sarawak Women for Women
1. The Technical Working Committee for the NAPFL comprising of members from Society, Malaysian Bar Council, Andrew Khoo, Earthworm Foundation, Our
government agencies and social partners: Journey, Sabah Environmental Protection Association, Responsible Business
Alliance (RBA), International Organization for Migration (IOM), UNICEF, UNDP and
• Ministry of Human Resources: Dr. Zaki Zakaria, Noor Haryantie Noor Sidin,
United Nations High Commissioner for Refugees (UNHCR).
Khalidah Edayu Mohamad Khalid and Noor Azian Jamaluddin;
• Department of Labour: Roslan Bahari, Rhymie Mohd Ramli, Wilhelmina
Janing and Tujoh Anak Bachat; 5. Special thanks to those who have provided written feedback for the NAPFL,
namely IOM, Fair Labour Association, RBA, Business for Social Responsibility,
• National Strategic Office to the Council for Anti-Trafficking in Persons and
Verite Southeast Asia, Cargill Malaysia, Consumer Good Forum, Proforest,
Anti-Smuggling of Migrants: Ezwin Mizra Mahamad Zabri and Mohd Zahirie
Earthworm Foundation, Our Journey, North South Initiative-CIVICUS, The Remedy
Mohd Dzahid;
Project, International Justice Mission, UNHCR, Bunge Loders Croklaan Oils,
• Ministry of Women, Family and Community Development: Ajanis Anak Ba-i; Malayan Agricultural Producers Association, SOPPOA, Malaysian Society of Social
Performance and Universiti Utara Malaysia.
• Human Rights Commission of Malaysia (SUHAKAM): Dato’ Seri Mohd
Hishamudin Md Yunus, Datuk Mah Weng Kwai, Paremeswari Subramaniam
and Jennifer Isaac;
6. Sincere appreciation to the ILO BRIDGE Project funded by the United States
• Malaysian Employers Federation (MEF): Datuk Shamsuddin Bardan and Goh Department of Labor.
Seng Wing;
• Malaysian Trades Union Congress (MTUC): Kamarul Baharin Mansor and
Last but not least, our gratitude to all stakeholders from the government ministries,
Suriyanandhini Doraisamy;
CSOs, international organisations and all parties who share the common goal of
• International Labour Organisation (ILO): Jodelen Mitra, Josh Man Fatt Hong eliminating the use of forced labour in any and all forms in Malaysia. This NAPFL is a
and Foo Yen Ne. living document which reflects the commitment from all stakeholders to cooperate
and collaborate in reaching the strategic goals and implementing the programme
areas set over the coming five years.
2. Relevant government agencies involved were Attorney General’s Chambers;
Ministry of Home Affairs; Ministry of Women, Family and Community Note: Funding is provided by the United States Department of Labor under cooperative agreement number IL-27592-15-75-K—1. 100
Development; Ministry of Communications and Multimedia; Ministry of percentage of the total costs of the global ILO Bridge Project (From Protocol to Practice: A Bridge to Global Action on Forced Labour) is
International Trade and Industry; Ministry of Plantation Industries and financed with Federal funds, for a total of US$17,395,138. This material does not necessarily reflect the views or policies of the United
States Department of Labor, nor does mention of trade names, commercial products, or organizations imply endorsement by the United
States Government.
14 15
Acronyms and Abbreviations Glossary

ASEAN Association of Southeast Asian Nations Child For the purpose of this NAP, a child is defined as any person
ATIPSOM Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 below 18 years old. This definition is consistent with the UN
Convention on the Rights of the Child and the ILO
CEACR Committee of Experts on the Applications of Conventions and Conventions.
Recommendations
Child labour Any work done by persons below 18 years old that are
CSO Civil Society Organisation mentally, physically, socially or morally dangerous and
ILO International Labour Organisation harmful to children and/or young persons and/or interferes
with their schooling by depriving them of their dignity,
MEF Malaysian Employers’ Federation opportunity to attend school, obliging them to leave school
MOHA Ministry of Home Affairs prematurely, or requiring them to attempt to combine
school attendance with excessively long and heavy work.
MOHR Ministry of Human Resources
MOL Ministry of Law Forced labour Defined in ILO Forced Labour Convention (C29) as all work or
service which is exacted from any person under the threat of
MSPO Malaysian Sustainable Palm Oil a penalty and for which the person has not offered himself
MTUC Malaysian Trades Union Congress (or herself) voluntarily.
NAPBHR National Action Plan on Business and Human Rights Freedom of Freedom of association essentially means that both workers
NAPFL National Action Plan on Forced Labour association and and employers should be free to form associations – trade
collective unions and employers’ organisations – independently of
NAPTIP National Action Plan on Anti-Trafficking in Persons bargaining government, in order to represent their interests. Workers’
NGO Non-Governmental Organisation and employers’ organisations should be able to enter into
negotiations over working conditions, wages etc. and agree
RSPO Roundtable on Sustainable Palm Oil on these freely, so long as they remain within the laws of the
SOPs Standard Operating Procedures country (e.g. minimum wages legislation or legislation that
prohibits forced labour, child labour and discrimination).
UNGP United Nations Guiding Principles on Business and Human Rights These negotiations are referred to as collective bargaining.
The rights are enshrined in ILO Conventions Freedom of
Association and Protection of the Right to Organise

Convention (C87) and Right to Organise and Collective
Bargaining Convention (C98).
16 17
Human rights-based A human rights-based approach accepts that everyone has Non-discrimination ILO Discrimination (Employment and Occupation)

approach protected rights regardless of social, economic, cultural and and equality Convention (C111) defines discrimination as any distinction,
other aspects. Human rights are indivisible. This means they exclusion or preference made on the basis of race, colour,
apply to everyone in their totality. So, the right to be free of sex, religion, political opinion, national extraction or social
forced labour goes hand in hand with other rights, for origin, which has the effect of nullifying or impairing equality
example the right to non-discrimination, to freedom of of opportunity or treatment in employment or occupation.
speech and freedom from torture or other degrading
treatments. Those vulnerable to forced labour are also very
often vulnerable to other human rights infringements and Equality, on the other hand, is a state of affairs where all
therefore, those developing and implementing NAPFL must individuals, regardless of their personal traits, social and
recognise that victims and those at risk, may need to be economic status etc. have the same – equal – access to
supported to realise multiple rights in a concerted manner. decent work, education and other services.
Human trafficking Also known as trafficking in persons, this is defined by the

UN Protocol to Prevent, Suppress and Punish Trafficking in
Trauma informed An approach to social work and care that recognises that
Persons (Palermo Protocol) as the recruitment,
approach those receiving services may carry with them traumas from
transportation, transfer, harbouring or receipt of persons, by
earlier events (e.g., forced labour situations, or as victims of
means of the threat or use of force or other forms of
violence). The approach encompasses different
coercion, of abduction, of fraud, of deception, of the abuse of
methodologies all of which tend to be informed by common
power or of a position of vulnerability or of the giving or
principles such as fundamental recognition of individual
receiving of payments or benefits to achieve the consent of a
experience and trauma, providing safe environments,
person having control over another person, for the purpose
building individual strengths, building empowering
of exploitation. Exploitation shall include, at a minimum, the
relationships and promoting equality of access.
exploitation of the prostitution of others or other forms of
sexual exploitation, forced labour or services, slavery or Victim centred Encompasses the non-criminalisation of victims as well as
practices similar to slavery, servitude or the removal of approach the protection of victims from their perpetrators. In addition,
organs. a victim centred approach means that victims of forced
National referral A cooperative framework through which state actors fulfil labour have a right to voice and redress grievances and be
mechanism their obligations to protect and promote the human rights of compensated appropriately. This, in turn, means that victims
victims of human forced labour and trafficking. 1 must have a say in what happens to them when they have
been identified as victims of forced labour, for example in
which services they receive.
1
OSCE/ODIHR, 2004. National Referral Mechanisms: Joining Efforts to Protect the Rights of
18 19
1.1 Background

For the purpose of this NAPFL,
forced labour is defined as
This National Action Plan on “all work or service which is
Forced Labour (NAPFL) sets exacted from any person
out the commitments of the under the threat of a
Government of Malaysia to penalty and for which the
eliminate forced labour in person has not offered
1
Malaysia. himself or herself
voluntarily.”
Through this NAPFL, the Government,
workers’ and employers’ organisations -
This definition is contained in article 2 of
particularly the Malaysian Employers
ILO Convention 29 on Forced Labour
Federation (MEF) and Malaysian Trades
(1930). The definition is the globally
Union Congress (MTUC) - and other civil
agreed definition of forced labour and
society organisations in Malaysia
Malaysia has ratified the Convention in
commit to working together, to
1957.
implement the activities in the NAPFL
towards eliminating the practice of
Introduction forced labour in the country. The
timeframe for the present NAPFL is
The definition covers various forms of
forced labour. Victims of forced labour
2021-2025, but a continuation of the may be forced, coerced or tricked into a
plan may be required from 2026 to forced labour situation. Once caught in
ensure that Malaysia is indeed free of forced labour, victims are unable to
forced labour in all its forms. freely leave work because they face the
“menace of a penalty”, such as ‘fines’ by
the employer or being expelled as
It is also recognised that this NAPFL is a
undocumented; because they are bound
living document and adjustments may
by debt (debt bondage); because they

be needed during the course of
are threatened with violence or other
implementation to reflect
repercussions to themselves or their
developments.
families or because they have had their
personal papers and travel documents
confiscated or any other means of
threats or penalty that makes it
impossible to leave their employer. It
also includes loss of privileges including
career advancement.
20 21
Victims may end up in forced labour But poor working conditions are not

through human trafficking, but they may necessarily forced labour. The ILO has
also become victims of forced labour developed a set of indicators to serve as
without being trafficked. Both are illegal a guide to in identifying potential forced
and are severe human rights violations. labour cases.
Forced labour is not always immediately These indicators should be viewed from
visible and indeed forced labour often the victims’ perspective. It is important
takes place in hiding from public view. that indicators for both involuntariness
Also, forced labour and poor working and menace/threat of penalty are
conditions may be confused – and present to determine possible forced
victims of forced labour are very often labour situation:
subject to poor working conditions.
Elimination of forced labour, along with The 2018 CEACR report on Malaysia’s
Intimidation
human trafficking and child labour, is implementation of C29 highlighted
and threats
also an explicit priority under the migrant workers’ vulnerability to forced
Deception Sustainable development Goals (SDGs). labour. This NAPFL is part of the
Abuse of SDG Target 8.7 is a globally agreed Government’s obligation to implement
vulnerability target on the eradication of forced C29 and address the vulnerability of
Isolation
labour by 2030, something the migrant workers in line with the
Physical and government of Malaysia is committed to recommendations from the CEACR. The
sexual violence achieve. Government’s commitment to uphold
and protect human rights in more
Restriction of general terms, as expressed in the
movement Withholding Through the ratification of ILO C29, acceptance of recommendations
of wages Malaysia is committed to the abolition of received by Malaysia for its Third
forced labour, through implementing Universal Periodic Review (UPR) also
Excessive the provisions of the Convention. This

Debt includes a commitment to eradicate
overtime means that Malaysia has a legal
bondage forced labour in Malaysia.
obligation to implement the provisions
of C29 and report on the progress.
Reports are submitted through the ILO The elimination of forced labour is both
reporting mechanisms and are subject an obligation under international law, a
to review by the Committee of Experts moral imperative and important to
on the Application of Conventions and ensure a thriving economy and
Recommendations (CEACR). The reports harmonious social development,
Retention of Abusive working and of the Committee are made public and notably in the context of achieving the
identity documents living conditions member States are expected to act SDGs particularly SDG target 8.7.
based on the Committee’s requests.
22 23
While the fight against forced labour is of their rights to health, education,
1.2 Situation

not new, the issue has gained among others, when their parents are Forced labour complaints (2020-21)
in Peninsular Malaysia
substantially more attention within the
last decade. This includes significant
trapped in different forms of forced
labour and are unable to provide for
Analysis
media and consumer attention to forced them. This can adversely impact the Years 2020 2021
labour in global supply chains that has country’s social and economic
only become more important with development. The 2019 Background Study Complaints received 6 7
globalisation. for this NAPFL found that under ATIPSOM
As such, this National Action Plan on

there is limited data and
Investigation paper / 4 3
Therefore, in addition to the legal and Forced Labour (NAPFL) provides a evidence on forced labour in prosecution
moral obligation to eliminate forced framework for the national efforts to
Malaysia and that most of Others* 2 4
labour, countries also have an economic eliminate forced labour in Malaysia.
and reputational interest in combatting the publicly available
forced labour within their borders evidence is investigative Source: JTKSM
especially when a significant part of the The NAPFL is an umbrella for initiatives
economy is dependent on global supply by the government, workers’ and journalism and sector- * proceed to investigate under Employment Act 1955; and
referred cases to other agencies (cases not related under
chains and consumers, who have employers’ organisations- particularly specific studies.
become increasingly aware of the risk of the MEF and MTUC, the civil society
As forced labour is a criminal activity in
forced labour. This could jeopardise the organisations and international industry
Malaysia, as in most other countries, it
export of key commodities (like palm oil) associations to achieve elimination of
takes place “beneath the radar” and
and goods (e.g., electronics, rubber forced labour by 2030, in line with the Palm oil appears to be the therefore, forced labour is often
products). SDG Target 8.7. It is important to note,
that this NAPFL focuses specifically on most well-described sector associated with the informal economy,
which is also associated with non-
forced labour, not on human trafficking and though the full extent of payment of taxes and other issues that
The authorities therefore need to which is covered by the NAPTIP.
prioritise actions to address forced
forced labour is not known, may impede national social and
economic development. Forced labour is
labour and ensure fair recruitment and the palm oil sector, at
The links between the NAPTIP and the also often associated with vulnerable
decent work in line with international
NAPFL are described in more detail
national level, has taken groups whose labour rights are not
human rights instruments, such as the
ILO Fair Recruitment Principles and the under section 1.3. The NAPTIP is on its significant steps towards protected by existing legal frameworks,
including (but not limited to) the
ILO Declaration on Fundamental Rights. third edition outlining national eradicating forced labour, undocumented migrant workers and
strategies in combatting TIP.
Victims of forced labour also have according to the background refugees, stateless and asylum-seekers
families and children, who are deprived who are not allowed to work legally in
study. Despite the scarcity of the country. Undocumented persons
data, the background study comprise of primarily informal migrant
provided a picture of forced workers (e.g., workers who have
overstayed their permits or are
labour in Malaysia. otherwise unregistered as migrant
workers) and their dependants.
24 25
Lack of documentation not only forces In Sabah, forced labour appears to

communities and workers into the persist in the plantation sector, which is In 2018, the Government carried out an
informal sector, but it also creates one of the largest contributors to Sabah
barriers in accessing various essential economy, despite important steps and employment survey in the oil palm sector. 2
services, such as health and education some progress in its eradication through
95.7%
all of which results in a multi-layered Roundtable for Sustainable Palm Oil
interconnected web of issues. Men, (RSPO), Malaysian Sustainable Palm Oil
women, girls, and boys who lack proper (MSPO) and other initiatives. Plantations
0.8%
documentation, including certain ethnic employ large number of migrant The vast majority are
groups like Orang Asli, are also often workers, including undocumented
from poor families with low levels of migrant workers, former refugees, and
employed workers
education and they may not realise that inter-generationally stateless individuals (95.7%) and only 4.3%
the relevance of birth certificates or from the Philippines and Indonesia. of workers (a total of are unpaid family
other identity documents and lack of (Sabah shares a porous border with labourers.
documentation can become an these countries). Children born to
4900 workers aged 5
intergenerational issue. undocumented parents face constraints years and over) in the
accessing services such as health and oil palm sector were in
education. This may fuel child labour, forced labour.3
The background study also found including forced child labour and inter-
significant regional differences in the generational non-documentation can be
The majority of the those found to be in
forced labour picture. The key groups of difficult for workers and employers to
forced labour were plantation workers
concern in Peninsular Malaysia are address as consular services that are
migrant workers and refugees. needed in the process can be difficult to
tending and harvesting the crop but
Peninsular Malaysia by far hosts the obtain. forced labour was also found among
80%
majority of documented migrant manuring workers and truck drivers
workers in all primary sectors where transporting the crop.
migrant workers are allowed by policy. In Sarawak, forced labour is also a
particular risk to undocumented Moreover, the prevalence rate
migrant workers, especially those using Most are male (around 80%) is also significantly higher
the “back lanes” to cross the porous among non-Malaysian citizen,
In Peninsular Malaysia, where borders border from Indonesia. Most migrant
and in the age group 25-44 at 1.44%, than among
are relatively well controlled, it is likely workers in Sarawak are employed in years old (65%) though a Malaysian citizens, at 0.1%.
that the undocumented migrant plantations, but others also work on significant proportion,
workers were previously documented manufacturing, construction, services,

but due to non-renewal of work permits, 10.6%, are children aged 5-
small scale agriculture and domestic The forced labour prevalence
or abscondment because of exploitation work. Undocumented individuals may rate was found to be
by the employers, or through passport also, however, belong to ethnic significantly higher in
retention practices, have lost their minorities who live in remote areas that Sarawak, at 1.3%, than in
documented status. It should be are relatively isolated. Peninsular Malaysia and
highlighted also that some documented 2
Ministry of Plantation Industries and Commodities
Sabah, at 0.6% respectively.
and undocumented migrant workers (2018) The Employment survey in Oil Palm Plantations,
alike may have been subjected to The survey did not measure the portion
Malaysia 2018 https://www.mpic.gov.my/mpi/images/01-
charging of illegal recruitment fees in

Bahagian/PSA/MPIC_EmploymentSurvey2018_FINAL.pdf Further, while workers in the informal economy and
of regular to irregular/undocumented 3
Note that some of the victims of forced labour, i.e. those
undocumented workers are often at greater risk of
their home countries. workers among the survey participants. aged from 5 to 17 years, are therefore also victims of the
Worst Forms of Child Labour (WFCL) as defined in ILO
forced labour, documented workers may also end
However, of the workers in situations of Convention 182 on the WFCL. up in forced labour.
forced labour, 51% indicated that the
26 27
need to obtain work permit renewals leaving them in a vulnerable position The National Action Plan on Anti-
1.3 Existing

from their employer was a form of with little bargaining opportunity and Trafficking in Persons (NAPTIP) 2021-
menace keeping them in situations of
forced labour.
limited protection against exploitation.
Moreover, migrant workers may live in
National Response 25 is the third NAPTIP and was
developed by multiple government
crammed and sometimes unsanitary agencies under the leadership of the
conditions where the virus may spread Ministry of Home Affairs (MOHA).
It therefore seems, that just over half of easily. The COVID-19 pandemic also This NAPFL builds upon and NAPTIP Strategic Goal 5 intends to
the workers in the survey were in fact brought to the fore the heightened seeks to complement other combat “labour trafficking and child
documented migrant workers. In this vulnerability of undocumented persons trafficking including relevant provisions
context, it is important to note that and the need to regularise their status.4
national responses. The of forced labour and child labour”. This
employers who employ documented The vulnerable position of NAPFL was developed goal will be achieved through realising
migrant workers must follow stringent undocumented persons is further through a consultative the following three objectives:
recruitment procedures and have to pay exacerbated by low levels of awareness
recruitment fees that are seen as steep on forced labour among vulnerable process that involved
by many employers. Therefore, many populations, employers and the general bringing together a wide To strengthen legislation and
employers are concerned with the losses public.
incurred when workers leave their jobs group of stakeholders to regulatory frameworks that address
and new workers need to be recruited. develop the framework for trafficking for labour and child
Addressing the challenges in the Therefore, forced labour may go exploitation.
recruitment system is therefore an completely unnoticed and victims may
this NAPFL.
important contribution to ensure that be unaware that they can access To strengthen relevant labour
workers are protected and employers support. In addition, there are limited migration and domestic work
are able to recruit and maintain a stable options for victims to seek assistance as The NAPFL aligns with at least legislation and policies to prevent TIP.
workforce. national capacity to ensure protection,
remediation, and access to justice for
three other major NAPs in
victims is insufficient. Additionally, Malaysia: The NAPTIP, the
Since the finalisation of the background current legal framework requires To continuously improve anti-TIP
NAP on Business and Human responses targeted at combating
study for NAPFL in 2019, Malaysia and amendment to prosecute the full range
the world has experienced the COVID-19 of forced labour.5 Rights (NAP BHR) and the labour trafficking and child
trafficking in all sectors, particularly
pandemic. The pandemic has clearly NAP on Elimination of Child
illustrated the vulnerability of migrant in the supply chains of goods and
workers, and especially undocumented Eradicating forced labour in Malaysia Labour (NAP CL). Both NAP services.
therefore requires a comprehensive
workers and their dependants. BHR and NAP CL are currently
approach that address the underlying

drivers and vulnerabilities, as described under development.
Migrant workers are highly dependent in part 4 of this NAPFL.
on their employers for their survival,
4
Wahab, A. (2020) The outbreak of Covid-19 in Malaysia: Pushing migrant workers at the margin, Social Sciences & Humanities
Open, Volume 2, Issue 1, 2020, 100073
5
Forced labour is prosecuted through the Anti-Trafficking and Anti-Smuggling of Migrants Act. However, the definition of
coercion under this Act is currently insufficient to cover forced labour cases not associated with human trafficking. Therefore, it
is very likely that the number of forced labour cases prosecuted is only the tip of the iceberg and that many cases will not reach
28 29
operating in Malaysia. The Strategic persons and communities. Many of

Framework put forward by SUKAHAM is these organisations are stakeholders in
built upon the three principles of the UN the development of this NAPFL and have
Guiding Principles of state duty to played a key role in its formulation.
protect human rights, corporate Among the private sector initiatives,
responsibility to respect human rights such as by the Responsible Business
and access to remedy for those, whose Alliance and Consumer Goods Forum,
rights have been violated. are initiatives to improve due diligence in
the supply chains including recruitment
and employment practices.
The Strategic Framework highlights a
number of business-related rights and
areas where human rights In addition to the Government of
infringements have been reported in Malaysia policy initiatives described
Malaysia, including exploitation of here, there are also several trade union,
migrant workers, forced labour and child employer’s organisations and civil
labour and highlight the need for the society initiatives intended to tackle
NAPBHR to include action to combat forced labour.
these human rights violations.
In addition to this, NAPTIP has also The activities in the NAPTIP are included Government initiatives also include the
included relevant interventions on in this NAPFL to ensure coherence and The NAPCL is also under development MSPO, which is currently undergoing
forced labour in the pillars on consistency between the two, related, under the leadership of MOHR. The review and strengthening of their
prevention, protection, prosecution and NAPs. NAPCL will likewise serve as the standards. Hence, the NAPFL is carried
enforcement and partnership. umbrella NAP for all interventions out through a whole-of-nation approach
addressing the full range of child labour which requires active engagement of
The Human Rights Commission of issues, including those that have been multiple stakeholders, from
Human trafficking for forced labour is Malaysia (SUHAKAM) presented a mainstreamed in other relevant NAPs. government, trade unions, civil society
covered under the NAPTIP. The NAPFL Strategic Framework for a National
and the private sector to
will serve as the umbrella NAP for all Action Plan on Business and Human
comprehensively tackle the complexities
interventions addressing the full range Rights for Malaysia in 2015 and These include community-based of forced labour.
of forced labour issues, including those development of the NAP BHR started in projects implemented by NGOs and
that have been mainstreamed in other June 2019 under the leadership of the CSOs, providing services to at-risk
relevant NAPs, including the NAPTIP. By Legal Affairs Division of the Prime
so doing, the NAPFL would reflect a Minister’s Department Malaysia
comprehensive strategy on forced (BHEUU).
labour, and shows how various efforts,
including those mainstreamed in other
national plans, are interlinked and in
some cases, inter-dependent. To ensure The NAPBHR will build on the strategic
consistency between the NAPTIP and framework developed by SUHAKAM and
the NAPFL, the NAPFL log frame matrix the development process involves
lists NAPTIP activities that specifically extensive stakeholder consultation,
target human trafficking forced labour. including with multi-national companies
30 31
raise awareness and understanding on

1.4 The Need for

forced labour, both among workers,
NAPFL 2021-2025 employers and the general public. It will
also include data collection and analysis,
improving law enforcement and legal
compliances, and improving migration
The development of the four management and strengthening
complementary NAPs is a systemic prevention efforts. In addition,
the NAPFL seeks to improve access to
testament to the complexity and enhance different kinds of support
and inter-relatedness of services and compensations for victims
2
forced labour, child labour of forced labour (currently limited to
those provided by NGOs such as shelters
and human trafficking. and counselling) who do not fall within
the categories that are supported under
the NAPTIP. The NAPFL‘s nature of going
Approaches in the four NAPs need to beyond the trafficking for forced labour,
complement, not duplicate, each other will ensure that no victims of forced
to effectively address all forms and labour are left unsupported because
causes of these human rights violations. they do not fit within the other NAP
The four NAPs together also reflect the target groups. By outlining the key duty
different mandates to tackle the bearers in the fight against forced
respective rights violations and will labour in Malaysia, the NAPFL will also
provide a valuable platform for
coordination and collaboration among
be a major step towards increased
cooperation and collaboration across
Institutional
different government agencies,
employers’ and workers’ organizations
particularly MEF and the MTUC, NGOs,
different government, employers’ and
workers’ organizations particularly MEF
and the MTUC, industry associations and
Framework
business entities, industry associations civil society entities and an essential
and other relevant stakeholders. element in the prevention efforts.
The NAPFL is a key part of this Therefore, none of the NAPs could stand
comprehensive endeavor and will focus alone in their current form and
attention specifically on activities developing all four NAPs will create a
intended to prevent forced labour, on solid framework for working together to
addressing full range of forced labour prevent forced labour and related
and on providing an overarching human rights violations and offer
framework for organisations and comprehensive, meaningful, and
initiatives to tackle forced labour. This effective support for victims.
will include specific activities intended to
32 33
2.1 Roles and

Implementing partners will
responsibilities of include, but not be limited to,
MOHR and other relevant line ministries, state-
entities level government, employers’
and workers’ organizations
particularly MEF and the
The NAPFL will be
MTUC, professional
implemented by multiple
associations (e.g.,
stakeholders coordinated by
recruitment agency
the MOHR.
associations, industry/
sectoral associations,
The MOHR is responsible for the
certification programmes),
implementation of ILO Conventions,
including ILO Convention 29, in Malaysia NGOs and CSOs, research
and, hence, this NAPFL. institutions and media 2.1.1 NAPFL Steering The composition will also include
representatives from Sabah and
organisations. Committee
Sarawak, who would later coordinate
MOHR will lead the overall coordination activities in their respective constituency.
of implementing partners at a strategic The membership in the Committee may
and day-to-day level and will coordinate MOHR will establish and chair be expanded over time, and will operate
with the agencies responsible for It should be noted, that CSOs will play a
key role in providing trauma informed the NAPFL Steering Committee under specific Terms of Reference.
implementing related action plans Members of the Steering Committee are
(MOHA for NAPTIP, Prime Minister’s services, such as counselling and shelter, that will oversee the
to victims of forced labour. comprised of senior representatives of
Department Legal Affairs Division implementation, monitoring their organisations for strategic
(BHEUU) for NAP BHR, the NAP CL also and evaluation of the action guidance, policy formulation and
falls under the overall coordination of oversight.
Towards the day-to-day coordination, plan. This Committee is
MOHR).
MOHR will work with the implementing
partners to establish working groups composed of members of The

Implementing partners will implement that will coordinate activities within each Council for Anti-Trafficking in MOHR will provide secretariat services to
of the four immediate objectives. These the NAPFL Steering Committee to
NAP activities as an integrated element Persons and Anti-Smuggling of
working groups will be permanent ensure smooth communication and
of their regular plans, budgets, and Migrants (MAPO) Special
throughout the duration of the NAPFL reporting between the Steering
operations. Some activities will be long-
term, other may be ad-hoc and short and will include operational level Committee for Addressing Committee and the coordinating
representatives of the implementing technical committees described in the
term. Though MOHR is responsible for Forced Labour, with expanded
agencies engaged in activities under next page.
the overall coordination of the NAPFL, membership of the MEF, MTUC,
other implementing partners may be strategic goals. In addition, ad hoc
tasked with coordinating the working groups may be set up if SUHAKAM and selected CSOs.
implementation of specific activities. required.
34 35

Figure 1: Institutional Framework for the Oversight and Coordination of the NAPFL
NAPFL Steering Committee

Chairman: Secretary General of the Ministry of Human
Resources
Secretariat: Policy Division, Ministry of Human Resources
3
Members: KDN, AGC, KKMM, KPWKM, SUHAKAM, MEF,
MTUC & others
Awareness Legal Compliance Labour Migration Remedies and

and Enforcement Access to
Chairman: KKMM Chairman: KSM
Protection Services
Chairman: KSM
• Government (MOHR, • Government (MOHR,
Chairman: KDN &
KKMM, DOSM, • Government (MOHR, MOHA, JTKSM, JIM)
KPWKM
MAPO, MITI, MPIC) JTKSM, AGC, ILKAP, • MEF
• MEF MAPO, MPIC, MITI) • MTUC • Government (MOHR,
•
•
MTUC
Any Ministry/
Government
•
•
•
MEF
MTUC
Any Ministry/
• Any Ministry/
Government
Agency/ CSOs/ IOs
•
•
KPWKM, AGC)
MEF
MTUC
Legislative
Agency/ CSOs/ IOs
and other entities as
necessary
Government
Agency/ CSOs/ IOs
necessary
• Any Ministry/
Government
Agency/ CSOs/ IOs
Framework
necessary and other entities as
necessary
Technical Committees
Note: The detailed roles of the Steering Committee and Technical Committees
are explained in Chapter 5.
36 37
Forced labour is prohibited by the 1957 The Employment Act 1955, Sarawak

Malaysian Federal Constitution and Labour Ordinance (Cap 76) or Sabah
Penal Code. Labour Ordinance (Cap 67) do not
currently deal with forced labour but
rather individual indicators of forced
labour such as contract substitution,
Article 6 of the Federal Constitution
excessive overtime, withholding of
states that no persons shall be held
wages, abusive working and living
in slavery and all forms of forced
conditions.
labour are prohibited with the
exception of compulsory national
service and work or service carried
out by persons as a consequence of
3.1. National Legal Framework a court conviction.
These Act and Ordinances
also protect workers right to
Malaysia has existing domestic legislation The term ‘no persons’ indicates the
organise and it should be
relevant to forced labour 6: inclusion of all persons, i.e. citizens and
non-citizens, including refugees, asylum- noted that “employers” are
seekers, stateless persons, migrant
workers, documented or otherwise.
interpreted broadly to also
cover, for example,
� Federal Constitution of � National Wages Consultative
Malaysia Council Act 2011 recruitment agencies that
� Penal Code � Employees’ Minimum Standards of provide labour to multiple
� Employment Act 1955
Housing, Accommodations and Section 374 of the Penal Code states enterprises.
Amenities Act 1990 that “whoever unlawfully compels
� Anti-Trafficking in Persons and any person to labour against the will
� Occupational Safety and Health Act of that person, shall be punished
Anti-Smuggling of Migrants Act The Employment Act, pursuant to
1994 with imprisonment for a term which
2007 amendments made in 2012 in Act A1419
may extend to one year or with fine
� Industrial Relations Act 1967 included new terms for interpretation
� Immigration Act 1959/63 or with both.”
� Trade Unions Act 1959 under Section 2 amongst them is the
� Passports Act 1966 “contractor for labour” which means a
� The Contracts Act 1950 person who contracts with a principal,

� Employment Restriction Act
1966 � Sarawak Labour Ordinance In the Penal Code, Section 370 is on contractor or sub-contractor to supply
(Sarawak Cap 76)7 “buying or disposing of any person as a the labour required for the execution of
� Private Employment Agencies the whole or any part of any work which
slave”, Section 371 deals with “habitual
(Amendment) Act 2017 � Sabah Labour Ordinance (Sabah a contractor or sub-contractor has
dealing in slaves” and Section 374 is on
Cap 67) contracted to carry out for a principal or
� Workmen’s Compensation Act “unlawful compulsory labour”. All these
1952 � Children and Young Persons (Em‐ Sections refer to ‘any person’ and not contractor, as the case may be. There is a
ployment Act 1966 ‘citizen’. However, the penalties should need to relook at issues on contractor
be reviewed to be in line with Malaysia’s for labour on matters pertaining to
obligation pursuant to ILO Convention forced labour.
29.
6
This list is derived from the ILO 2018 Situation and Gap Analysis on Malaysian Legislation, Policies, and Programmes
and the ILO Forced Labour Convention and Protocol’ which can be found on https://www.ilo.org/wcmsp5/groups/public/-
--asia/---ro-bangkok/documents/genericdocument/wcms_650658.pdf. The remaining contents of this section is an
abridged and updated version of the analysis of the legal framework in the background study for the NAPFL.
7
The Sarawak Labour Ordinance does not explicitly mention forced labour but it does include a number of relevant
provisions to violations that could aggravate into forced labour.
38 39
The Anti-Trafficking in Persons and Anti- Since 2013, the Minimum Wage Orders These include limited awareness of the

Smuggling Act 2007 (ATIPSOM) under the National Wages Consultative legal provisions among workers
criminalises offences of forced labour as Council Act 2011 have applied to both (Malaysians, migrant workers, refugees,
a form of exploitation under trafficking Malaysians and migrant workers. The asylum-seekers, stateless and
The ’Palermo Protocol’ defines
in persons and the ATIPSOM forms the minimum wage extends to all workers undocumented persons) and in the
trafficking in persons as “…the
basis for the NAPTIP. ATIPSOM defines covered by the Employment Act 1955, private sector; unclear legal definitions recruitment, transportation, transfer,
trafficking to include all actions involved Sarawak Labour Ordinance (Cap 76) or of forced labour; limited protection for harbouring or receipt of persons, by
in acquiring or maintaining the labour or Sabah Labour Ordinance (Cap 67) victims of forced labour except when means of the threat or use of force
services of a person through coercion except domestic workers. human trafficking can be proven under or other forms of coercion, of
and proving the element of coercion is ATIPSOM; limited number of abduction, of fraud, of deception, of
central to making a case of trafficking or prosecutions; challenges in the the abuse of power or of a position
forced labour under the ATIPSOM. The Act is applicable to “Any person, coordination of enforcement of the of vulnerability or of the giving or
However, it does not acknowledge that irrespective of his occupation, who has multiple pieces of legislation relevant to receiving of payments or benefits to
entered into a contract of service with an achieve the consent of a person
forced labour could occur using abuse of forced labour and limited reporting and
having control over another person,
vulnerabilities and deception. employer” except for the employee not redress systems for workers.
for the purpose of exploitation.
included in the Act or Ordinance, i.e. a
Exploitation shall include, at a
domestic worker or a manual labourer. minimum, the exploitation of the
This leads to, for example, widespread prostitution of others or other forms
confiscation of migrant workers’ legal of sexual exploitation, forced labour
The Immigration Act 1959/63 papers and other practices that can or services, slavery or practices
(Immigration Act), supplemented amount to forced labour. In addition, the similar to slavery, servitude or the
While there are legal provisions to
by the Immigration Regulations legislative framework is challenged by removal of organs.”
prohibit and criminalise forced
1963, governs Malaysia’s border different definitions and provisions
labour in Malaysia, the
controls and security. This includes between federal legislation and state
background study for the NAPFL,
the power to issue Visitors Passes
however, points to a number of level legislation, in particular the
to temporary migrant workers and
constraints in the application of the Sarawak Labour Ordinance and the
12 months permits to migrant
legal framework. Sabah Labour Ordinance.
workers passing medical exams.
The differences in, e.g. age limits and

Immigration authorities also hold the minimum wage, and the differences in
power to detain foreigners who enter the interpretation of migration
Malaysia without valid documentation. regulations in different states leads to
The Immigration Act places varying practices in different parts of

responsibility for applying for Malaysia and harmonisation of
documentation on employers and legislation and practices was highlighted
expressly forbids changing employers. in the background study.8
8
For more in-depth analysis and guidance see also ILO (2018)
Situation and gap analysis on Malaysian legislation, policies and
programmes, and the ILO Forced Labour Convention and
Protocol https://www.ilo.org/wcmsp5/groups/public/---asia/---ro-
bangkok/documents/genericdocument/wcms_650658.pdf; ILO &
MEF (2019)
Business responsibility on preventing and addressing forced

labour in Malaysia https://www.ilo.org/wcmsp5/groups/public/--
-asia/---ro-bangkok/documents/publication/wcms_717944.pdf
40 41
3.2 International

Work or service
Legal Framework “All work or service” refers to all types

of work, service and employment,
In addition, Malaysia has ratified
occurring in any activity, industry or
Convention no.182 (Worst Forms of
Malaysia agreed to ratify the
sector, including in the informal
The legal framework in Child Labour), Convention no.98 ILO Protocol to C29 of 2014
economy. Forced labour can occur in
(Collective Bargaining), Convention
Malaysia is based on a both the public and private sectors. (ILO P29), and the guiding
no.100 (Equal Remuneration) and
number of international and Convention no.138 (Minimum Age) and principles contained in P29
regional Conventions that Convention no.131 (Minimum Wage) will be applied to this NAPFL.
Any person which have provide useful guidance in
Malaysia has ratified. determining Malaysia’s obligations with
The definition applies to all workers. respect to the protection of the rights of
This refers to adults as well as migrant workers.
These include (but are not limited to) ILO children, regardless of their
Convention 29 on Forced Labour which nationality and legal status.
Malaysia ratified in 1957, the Protocol to Further, the ACTIP aims to effectively
Prevent, Suppress and Punish Trafficking deter and punish human trafficking, to
Menace of any penalty
in Persons, Especially Women and provide assistance to victims and to
Children (Palermo Protocol) and the The “menace of any penalty” refers to promote cooperation and collaboration
ASEAN Convention against Trafficking in a wide range of penalties used to within the region.
Persons Especially Women and Children compel someone to perform work or
(ACTIP). service, including penal sanctions
and various forms of direct or indirect The Convention specifically underlines
coercion, such as physical violence, the need to prevent human trafficking,
psychological threats or the non- including trafficking for labour
ILO C29 defines “forced or
payment of wages. The “penalty” may exploitation, through establishing a
compulsory labour” as “all work or
also consist of a loss of rights or coherent legislative framework and
service which is exacted from any
person under the menace of any privileges (such as a promotion, enacting policies and programmes to
penalty and for which the said transfer, or access to new prevent trafficking in persons at national
person has not offered himself employment). levels. In addition, the Convention
voluntarily”. stresses the importance of regional and
international cooperation to eliminate

Involuntariness
human trafficking.
The terms “offered voluntarily” refer
This definition consists of the following to the free and informed consent of a
elements: worker to enter into an employment
relationship and his or her freedom
to leave the employment at any time.
For example, an employer or recruiter
9
This explanation of the definition is taken from “The new
could interfere with this freedom by
Protocol and Recommendation at a glance” http://www.ilo.org/ making false promises to induce a
wcmsp5/groups/public/---ed_norm/---declaration/documents/ worker to take a job that he or she
would not otherwise have accepted.9
42 43

4 The NAPFL was formulated
through a series of
consultations. A Background
Study for the Development of
Forced Labour was developed
Due to COVID-19, various movement
control orders since March 2020 have
delayed the development of the NAPFL.
However, during this time, both MOHR
and ILO supported the process of
developing the NAPTIP 2021-25. On 14
July 2020, ILO submitted a document on
proposed inclusions to the National
from December 2018 – Action Plan on Trafficking in Persons
The National Action August 2019.

(NAPTIP), taking from the NAPFL
framework document.
Plan on Forced Labour Multiple consultations were conducted The NAPTIP 2021-25 process was
in Peninsular Malaysia, Sabah and completed on March 2021 with the
Sarawak during such period, involving integration of forced labour activities.
government agencies and The original NAP development plan
representatives from workers, foresaw regional consultations as a
employers, civil society, youths and follow-up to the national stakeholder
academe. The Sabah and Sarawak workshop, but this plan was put on hold
workshops were held in partnership due to COVID-19. As such, wider NAP
with SUHAKAM on April 2019. results framework presented below was
Stakeholders deliberated and agreed on developed, allowing for more detailed
priorities for the NAPFL in a national planning at state and institutional levels
workshop on 2-5 December 2019. ILO as part of the implementation process.
submitted the draft NAP framework
document based on the national
workshop on 23 January 2020.
44 45
The formulation process is summarised in figure 2 below:

4.1 Vision

The vision for the NAPFL is to eliminate the use of
forced labour in any and all forms in Malaysia by 2030.
Background study Public consultation
2018-2019 - July 2021
State-level
consultations -
1st quarter
Revised draft -
August 2021
4.2 Guiding Principles
2019
The NAPFL is guided by the following fundamental
principles in line with SDG 8, ILO P29 and the UNGP:
Validation of the
TWC meeting -
Background Study for
September 2021
the NAPFL - May 2019
The NAPFL considers forced labour as a Support to victims, protection services,

violation of fundamental human rights. migration management services, and other
National NAPFL National NAPFL As such, all human beings, regardless of interventions must be trauma informed,
Formulation Consultation gender, age, nationality, ethnicity, religious victim centred, and must not criminalise
workshop - Dec workshop - Oct beliefs or political affiliation, their migration victims. Moreover, they must be gender
2019 2021 status or any other personal or social responsive and age appropriate and take
characteristic have the right to be protected the voice and needs of the victims into
from forced labour as part of the upholding account.
of their universal indivisible and
ILO submitted the interdependent human rights.
draft NAP to MOHR - Final draft NAP -
January 2020 October 2021
It is the duty of the State to protect Stakeholders must work in partnership to
anyone living and working in Malaysia coordinate and implement this NAPFL, which
from forced labour and it is the duty of all aims to address the root causes of forced
February 2020 – businesses operating in Malaysia to labour through strengthening legislation
Launch of the comply with regulations on forced labour.

COVID-19 and enforcement, raising awareness,
NAPFL - This includes a responsibility for businesses
related improving migration management and
November 2021
restrictions to carry out appropriate and adequate due recruitment practices, and strengthening
Revised draft NAP Implementation of diligence within their supply chains and to support services.
and Technical the NAPFL 2021 - establish appropriate responses and
Working Committee 2025 remediation mechanisms (including
(TWC) meeting - June financial compensation) to deal with forced
2021 labour.
46 47
knowledgebase on forced labour in the enforcement initiatives, legal reviews,

4.3 NAPFL Pillars 4.4 Strategic Goals

country, for use in advocacy and policy establishment of systems, among others
development. Strategic Goal 2 focuses and improved migration management
The interventions in this on enforcement and prosecution. including enforcement. Strategic Goal 4
NAPFL fall under the ‘4Ps Strategic Goal 3 focuses on on protection services and system links The overall aim for the NAPFL
strategy to prevent and strengthening migration management to law enforcement as the ability to refer is that by 2025 the forced
capacity to prevent exploitation of victims to appropriate services and
eliminate forced labour’. This migrant workers. protect them during investigation and labour incidence in
strategy is based on ILO possible court cases in line with the Malaysia is reduced.
guiding principles above.
Recommendation 203 (R203) The second “P” refers to protection of
accompanying P29, to guide victims. This pillar builds upon the Towards this aim, the NAPFL consists of
fundamental principle that victims are The fourth and final “P” refers to
the implementation of the partnership. Partnerships between
four Strategic Goals to be realised by
victims, not criminals, and they should 2025. These goals were defined by
principles in ILO C29 and be protected from discrimination, from multiple partners with different
stakeholders during NAPFL
mandates, skills and specialisations are
P29. their perpetrators and from becoming
essential to tackle multi-causal, complex
consultations and stakeholders expect,
repeat victims. NAPFL Strategic Goal 2 that realising these goals will contribute
focuses on improving identification of issues like forced labour. The foundation
to the visions of the NAPFL, which is to
victims, and Strategic Goal 4 on for the NAPFL development and
The first “P” refers to prevention of eliminate the use of forced labour in
providing victims with improved implementation modality is partnership
forced labour. Prevention is often more any and all forms in Malaysia by 2030.
services, and strengthening the systems among federal and state government
effective than cure and it saves
for this. agencies, workers’ and employers’
individuals from exploitation and abuse
organisations particularly MTUC and
and potentially traumatising By 2025, there will be improved knowledge
MEF, recruitment agencies, industry
experiences. Prevention strategies base and awareness and understanding
The third “P” refers to prosecution. associations, businesses, NGOs,
typically address the root causes of of forced labour among workers and
R203, perhaps more accurately, talks academia etc. to work towards the same
forced labour to remove the drivers employers, young people, government
about law enforcement of which goal of eliminating forced labour in
behind forced labour and prevent forced staff and the general public;
effective prosecution of perpetrators is Malaysia, as defined in this NAPFL.
labour from happening in the first place.
an element. Law enforcement also
encompasses such things as effective By 2025, there will be improved legal
The following section describes the compliance and enforcement related to
In this NAPFL, prevention inspection regimes, police investigations
NAPFL vision, guiding principles and forced labour;
(that will collect evidence and enable
strategies are the backbone prosecution) and identification of
pillars which are operationalised into
strategic goals and programme areas.

of Strategic Goals 1,2 and 3, victims. Importantly, laws must be By 2025, migration management,
complied with and it is the duty of including recruitment practices, will be
which all intend to prevent businesses (and individuals) to adhere strengthened; and
forced labour through with legislation.
By 2025, victims of forced labour will have
addressing identified root improved access to remedy, support and
causes of forced labour in Strengthening law enforcement and protection services and systems to prevent
forced labour will be improved.
Malaysia. compliance cuts across all the Strategic
Goals in the NAPFL. Improved
Strategic Goal 1 focusses on raising awareness on forced labour is expected
awareness about forced labour among to lead to better compliance with
key target groups, including workers legislation. Enhanced data collection and
and employers and increasing the a stronger knowledge base will support
48 49
forced labour, if it goes ‘under the radar’. By creating such a database, partners forced labour in Malaysia and therefore

Moreover, misconceptions about forced will be able to draw comprehensive the focus for Strategic Goal 3. Migration
4.5 Programme labour (e.g., confusing victims with reports at different scales (e.g., national management, by nature, is transnational
illegal aliens) may influence public level, at state level, sectoral/industry and the interventions under Strategic
Areas perceptions and make forced labour level) and use these for analysis. The Goal 3 fall into three interdependent
harder to eradicate. NAPFL prioritises, in particular, the priority areas. First, the NAPFL intends to
production of evidence-based policy ensure that Malaysia enters into MOUs
Each of the four Strategic studies that will be useful for legal and other Government to Government
Goals corresponds to a pre-condition for improved review and planning. cooperation with sending countries in
understanding and an open, productive the region to ensure transparent
programme area under the dialogue that will prevent processes and to encourage sending
NAPFL. Each Programme misunderstandings and facilitate The Strategic Goal 2 Programme Areas countries to play an active role in
effective action is robust data collection will focus on building capacity for law preparing their nationals for migrant life
Area will cover interventions and information dissemination. enforcement among relevant and work. This could be, for example,
at tackling root causes and government authorities, such as the through improved pre-departure
Labour Inspectorate. Equally important, training for migrant workers. Secondly,
drivers of forced labour in
Therefore, the NAPFL Programme Area 2 will include activities the NAPFL intends to improve
Malaysia. to support legal compliance by recruitment procedures and processes,
prioritises creating solid employers and workers. Promoting notably through improved regulation of
understanding and open stronger legal compliance will prevent recruitment agencies. This could also
The Programme Area under Strategic forced labour from occurring in become part of MOUs with sending
Goal 1 focuses on increasing awareness dialogue about forced
Malaysian workplaces, in both the countries in addition to activities to
and understanding of forced labour, labour, as a pre-condition for formal and informal sector. Hence, the strengthen the operations of private
both among individuals who are at
increased risk, among duty bearers and
further action. Programme Areas will include employment agencies in Malaysia.
information and outreach to business
in the general public.10 Understanding owners in forced labour prone sectors
forced labour and conducting evidence- and areas to ensure that they Both of these priorities also intend to
based discussions on forced labour is understand their legal obligations. prevent forced labour through
seen as an essential strategy to prevent Therefore, the interventions will also regularising migration and protect
and mitigate forced labour. include data collection, analysis, and migrant workers from the risks
dissemination. The backbone of the Moreover, workers will be informed associated with irregular migration. The
NAPFL data strategy is the creation of a about their rights and about the ways in third priority area under Strategic Goal 3
If forced labour is a poorly understood database in the MOHR that will collate which they may access support and is improving capacity among migration
and under-recognised issue, those who data and information about forced services, notably through the National and other key officials, e.g., Labour
may become victims are less likely to be labour from multiple sources, across Grievance Mechanism. As such, Inspectors, to identify forced labour,
able to protect themselves; families and sectors and organisations. Programme Area 2 links closely with the support migrant workers at risk and
communities are less likely to be able to awareness raising activities under implement the provisions of relevant
protect their members; and duty bearers programme area 1 and the activities to pieces of legislation. This includes, for
are less likely to identify and address strengthen recruitment practices under example, improved capacity to ensure
Programme Area 3. that migrant workers are legally
registered and able to obtain services.
10
General public in this context means any person or group that
may have an impact on forced labour directly or indirectly, and As forced labour is very intricately linked
includes broad groups like ‘youth’, ‘consumers’ etc. More specific
to the migrant workers in Malaysia, Activities under Strategic Goal 3 will be
definitions will be applied when activities are implemented
improved migration management is a coordinated very closely with activities
key component in the efforts to prevent under the NAPTIP, under which
50 51
improving migration management in integral part of the priority interventions critical role in the implementation of the
4.6. NAPFL Matrix

relation to human trafficking is also a under all four Strategic Goals. Moreover, NAPFL. They represent businesses
priority. It is important to recognise that
migrant workers and stateless people
ensuring that communications, SOPs,
research and other activities are gender
whose responsibility is to implement
human rights due diligence and whose
Structure
may also be vulnerable to forced labour sensitive will be a cross-cutting priority businesses may suffer the reputational
without being the victims of human for the NAPFL. and economic consequences of forced The NAPFL results matrix in Annex 1,
trafficking. However, to ensure adequate labour, even when it is found in details the expected outcomes and key
safety net for vulnerable individuals, someone else’s business. activities under each Strategic Goal of
migration management needs to be a It should be noted that several of the the NAPFL.
priority under more than one NAP. interventions in the four programme
Collaboration with duty bearers outside areas are, at least in part, already In addition, CSOs and community-based
the country’s border (i.e. in sending covered by the NAPTIP. Hence, areas organisations, research institutions, the
countries) to prevent activities which that are also included under Strategic media, youth organisations and others It should be emphasized, that
contribute or may be the root cause of Goal 5 of the NAPTIP are colour coded in play an important role in reaching out to this is an overall results
forced labor will be enhanced. the NAPFL matric below. workers, communities, young people, framework and the key activities
and the public. Their roles also include
will be adjusted to suit different
analysing and understanding forced
Strategic Goal 4 priority interventions labour and disseminating knowledge organisations in various parts
will strengthen capacity to identify and information and fostering dialogue of the country and more
victims of forced labour, including to provide their own knowledge and consultations towards this end
through improved complaints expertise in policy formulation and legal
The NAPFL Strategic Goals may be held nationally and in
mechanisms and procedures in reviews.
businesses and linking with the can only be reached if Sabah and Sarawak.
Government’s grievance mechanisms. It
multiple partners work
also includes improving the capacity to Therefore, the matrix does not contain
protect victims and refer them to together to implement the It is also important to underline, specific timelines and implementing
appropriate remedial services and NAPFL activities. The that the NAPFL activities and agencies for each activity. The timelines
compensation through establishing a outputs are formulated in a and responsible agencies in matrix 1
national referral mechanism with clear implementing partners must related to the outcomes are meant to
broad, general way to allow for
and uniform Standard Operating include the relevant adaptation in the context of
guide the implementation of activities.
Procedures (SOPs). The timelines indicate when the
government agencies, as well Peninsular Malaysia, Sabah and outcomes are targeted for realisation
as civil society organisations. Sarawak, respectively. and the responsible agencies indicate
Relevant government agencies, trade core agencies that are expected to

unions, and CSOs will work together to implement activities but the list is non-
develop and deliver protection services Workers’ organisations particularly exhaustive and can be adjusted during
MTUC and its affiliates, play a Thus, the NAPFL is not a blueprint for
to victims. Trade unions and CSOs have planning and implementation.
particularly important role in the implementation. Rather, it is an overall
played a crucial role in identifying and
implementation of the NAPFL, framework for results-based
supporting victims of forced labour in
representing the workers who may be implementation, within the given
Malaysia. The Results Framework Matrix is
directly or indirectly impacted by forced context in a particular part of the
supplemented by a separate Monitoring
labour. country, and by different organisations
and Evaluation (M&E) Framework
that are expected to integrate the NAPFL
Providing migrant workers with contained in Annex 2. The matrix was
provisions into their organisational plans
information about their rights and developed based on a general Theory of
Similarly, employers’ and member-based and activities.
securing that their voices are heard is an Change (TOC) that is summarised in the
organisations including MEF play a next figure:
52 53

Workers and employers have The general public
increased knowledge on forced (community key stakeholders)
labour and are better able to have increased knowledge on By 2025, there will be an
combat forced labour, including forced labour and are better improved knowledge base and
in the supply chains. able to take action against it. awareness and understanding
of forced labour among
Robust forced labour data workers and employers, young
collection, analysis and people, government staff and
dissemination systems are the general public
operational.
5
Forced Labour incidence is reduced
By 2025, there will be improved
legal compliance and
enforcement
Monitoring and
Evaluation
By 2025, migration
management, including
recruitment practices, will be
strengthened
By 2025, victims of forced

labour will have improved
access to support and
protection services and systems
to prevent forced labour will be
improved
54 55
included in Annex 1. This information

5.1 Roles and

will also be collated from implementing
Responsibilities of 5.2 Monitoring and partner reports and workplans as
required and shared with relevant
Committees Evaluation Process bodies.
The NAPFL governance and The NAPFL will be monitored Throughout the lifespan of the NAPFL,
Technical Committees monitoring and evaluation will be
coordination structures will (Awareness, Law and by the Steering Committee coordinated with monitoring and
play a key role in the overall Enforcement, Labour Migration with inputs and regular evaluation of other national plans and
implementation, monitoring and Protection and Remedies): reporting from the Technical frameworks, such as the NAPTIP,
NAPBHR and NAPCL, as needed. MOHR
and evaluation of the NAPFL. Committees. will lead this coordination effort.
Please refer to Figure 1 on

page 34 for the Institutional Discuss and coordinate implementation of The monitoring will be done against the
activities under their respective Strategic indicators included in Annex 2 M&E
Framework. Goal Framework. The indicators are designed
to measure the achievements of the
NAPFL against the Strategic Goals’
Steering Committee: Provide information and progress reports impact indicators.
to Steering Committee for M&E purposes
Convene multi-stakeholder meetings to Measurement of the pace and progress

discuss about NAPFL implementation of implementation of NAPFL activities
Propose solutions and ways forward to the
At the beginning of the NAPFL
Steering Committee on arising issues will be included in organisational
workplans and reports. This information implementation, MOHR in
Oversee and guide the overall will be collated by the Technical coordination with relevant
implementation of the NAPFL Implement the decision of the Steering Committees for submission to the
Committee at the Technical Committee Steering Committee. In addition, a agencies including DOSM,
level midterm review, overseen by the will undertake a baseline
Steering Committee will be undertaken
survey against selected
Provide policy guidance relevant to NAPFL

in 2023 to take stock of progress on the
implementation of the NAPFL and adjust NAPFL impact indicators. This
Monitor and evaluate the effectiveness of the results framework if needed. will be followed by an end-
interventions in the NAPFL and provide
M&E guidance to the Technical
line survey against the
Committees This midterm review will take stock of indicators in 2025 to
implementation pace and coverage and
Discuss and decide on arising issues raised identify emerging results and gaps in measure achievement of the
by the Technical Committees the expected impact of the NAPFL. NAPFL Strategic Goals.
Achievement of outcomes will be

measured against the target timelines
56 57

Annex 1: NAPFL Results Matrix
NAPFL GOAL: Forced labour incidence is reduced
No Strategic Goal Outcomes Activities Timeline/Target year of

achievement of
outcome
1 By 2025, there will be an 1.1. Workers and Conduct a rapid national forced 2023 (partially), 2025
improved knowledge employers have labour awareness assessment
base and awareness and increased knowledge among companies to assess their
understanding of forced on forced labour and level of understanding and
labour among workers are better able to awareness of forced labour in their
and employers, young combat forced operations.
Annex 1: National Action Plan on people, government staff

and the general public
labour, including in
the supply chains
Engagement with employers/
Forced Labour (2021-2025) by identified industry players/labour

recruiters, and workers to raise
awareness on issues such as:
Results Matrix (Implementation to be

coordinated by the
a) Relevant legislation relating to
employment of migrant workers,
including fair and decent wages,
Technical Committee
passport retention and penalties for
on Awareness) offences, forced termination of
employment;
b) Ethical recruitment practices;
The NAPFL Results Matrix identifies key c) Forced labour indicators including
debt bondage; and
outcomes and activities as well as the
d) Combating labour trafficking.
Technical Committee responsible for (NAPTIP)
implementing the key activities and the
timeline for the implementation. Require Human Resources
managers of companies to undergo
The key outcomes and activities that are also pre-recruitment approval
included in the NAPTIP and where orientation where in the module will
cover all relevant laws, forced and
implementation of the activities may child labour including human
therefore be deferred to the NAPTIP trafficking, gender dynamics and
other relevant matters conducted by
framework in part or in full. the MOHR as a prerequisite for
getting necessary permits from

MOHR.
Sharing and disseminate

information with multinational
companies on forced labour-related
policies and guidelines, including on
recruitment fees definition,
recruitment cost remediation,
approved recruitment agencies to
follow, grievance mechanisms to
enable them to enforce these
requirements with their Malaysian
suppliers as well as recruitment
partners.
58 59
No Strategic Goal Outcomes Activities Timeline/Target year of No Strategic Goal Outcomes Activities Timeline/Target year of

achievement of achievement of
outcome outcome
Implement targeted awareness Hold town-hall meetings and other

raising to support the events to raise awareness and
implementation of the other NAPFL mobilise Malaysian and migrant
interventions, e.g. awareness about communities and other
freedom of association and how it stakeholders including Embassies to
protects workers against forced participate in action against forced
labour, awareness to employers labour, with consideration of hybrid
about due diligence and meetings where outreach even to
remediation responsibilities and the undocumented population is
gender dynamics in forced labour. made possible (for example, face-to-
face with online options).
Disseminate information materials

to workers and employers about Establish feedbacking mechanism
ATIPSOM Act and labour laws from the public about forced labour
relating to forced labour and child issues in Malaysia.
labour. (NAPTIP)
Develop communication strategy

including dissemination plan for Publicly share key reports or
informational materials that are updates on the progress of
simple and easy to understand, implementing the NAPFL.
taking into consideration workers’
literacy, gender needs and other
important factors.
1.2. The general Implement awareness-raising 2023 (partially), 2025 Develop platforms for focused
public (community targeted to increase the public’s discussions and consultations with
key stakeholders) knowledge about indicators of the private sector to identify
have increased forced labour and how to report opportunities for collaboration and
knowledge on forced these cases. sharing of experiences, good
labour and are better practices and lessons learned.
able to take action
against it Government issues statements and
raise awareness against Require employers to put forced
xenophobia, that has an impact on labour posters from the
how migrant workers are treated government, and include in labour
and exploited. inspection checks.
Encourage oil palm owners and

Awareness programmes to target operators to make public
sectors known for TIP and forced declarations that they will respect
labour such as domestic work, and raise awareness of workers’
hospitality, fisheries, plantation, rights within the ambit of the law,
manufacturing and construction. and refrain from using coercion,
(NAPTIP) deception and fraud in dealing with
workers.
Enhance implementation of relevant

media campaigns (for example
advertisements in public transport Encourage large companies with
systems) targeting children, young good labour practices to share their
persons, parents, men and women best practices with small and
migrant workers and the general medium-sized companies for them
public on forced labour and child to emulate and improve overall
labour. (NAPTIP) worker welfare in the sector.
60 61

outcome outcome
1.3. Robust forced Conduct baseline mapping exercise 2022 Enhance the current MOHR
labour data to identify what sources of data on Employers Undertaking to cover
collection, analysis forced labour are available from ensuring no Fees are Charged to
and dissemination different stakeholders, and what Workers.
systems are gaps exist in existing data sources.
operational Amend Private Employment
Agencies Act to not allow any
charges to be made to migrant
Collect data that are not available as workers.
per mapping and establish a forced
labour database collecting Amend Trade Unions Act to remove
information across different barriers to freedom of association.
authorities and organisations, with
strong respect for privacy and victim
protection and taking into account Strengthen protection of workers on
gender dynamics. their right for peaceful assembly in
airing grievances related to forced
labour.
Develop Government Mechanism to Review and consider adoption of the

collect national statistical database Minimum Wage Order for domestic
on forced labour. workers.
Review and amend policies to allow

Regularly analyse data (from
migrant workers to form and
database) to identify trends and
register organisations in Malaysia.
possible policy gaps and
recommendations, monitoring and
evaluation of national action plan Develop human-centered strategy
implementation, reporting to address the issue of
commitments under national, undocumented population in Sabah,
international, and regional (for including review of policies and
example ASEAN-level) reporting provision of guidance on
mechanisms. responsibilities of relevant parties
(duty bearers, employers,
employees) in relation to the
legalization of refugees and
Publish or share reports from data
stateless workers (and their families)
analysis.
in Sabah.
Undertake a gender and age

sensitive analysis of gaps in policies
and legislation in order to allow Develop human-centered strategy

revisions as required. (NAPTIP) to protect refugees and asylum-
seekers from labour abuses
including forced labour including
setting up refugee management
2 By 2025 there will be 2.1. Relevant laws or Amend relevant provisions of the 2022 system to ensure they have access
improved legal policies revised to Employment Act to introduce to remedial mechanisms and
compliance and address forced offence regarding forced labour, services if they experience forced
enforcement related to labour and with strong punishment. labour and related exploitation.
forced labour strengthen
protection support
(Implementation to be for all victims of Amend policies that tie migrant
coordinated by the forced labour workers to their employers, and
Technical Committee develop other strategies to prevent Require all Malaysian agencies to
abscondment, and address high register with respective sending
on Law and
recruitment fees paid by employers. country embassies, to be subjected
Enforcement)
to the strict monitoring of these
embassies in terms of protection of
the migrant workers.
62 63

outcome outcome
2.2. Relevant Ratify ILO Forced Labour Protocol of 2022 Organise knowledge sharing
international 2014. session on the interpretation and
instruments ratified application of the ATIPSOM Act and
its new Amendments. (NAPTIP)
Review possibility of re-ratifying the
ILO Abolition of Forced Labour
Convention.
Organise training for Investigating
Officers (IOs) and Deputy Public
Review and consider ratification of Prosecutors (DPPs). (NAPTIP)
relevant ILO convention such as,
1) C87 - freedom of association,

right to organise and collective Hold conference between
bargaining; enforcement agencies and
prosecution. (NAPTIP)
2) C189 - domestic workers; and
3) C190 - violence and harassment Hold conference between judges

at the workplace. and prosecutors. (NAPTIP)
Pursue cross border collaboration

with foreign law enforcement to
Review and consider ratification of investigate or prosecute
other human rights instruments, perpetrators in country of origin
such as International Convention on while prosecuting those in Malaysia.
the Protection of the Rights of All (NAPTIP)
Migrant Workers and Members of
Their Families.
Conduct capacity building for
enforcement officers in
collaboration with relevant local and
2.3. Specialised ATIP Conduct periodic labour inspection, As per NAPTIP international agencies to increase
unit empowered at including unannounced inspections, understanding of ATIPSOM Act and
the federal level and at the workplaces, particularly in on the National Guidelines on
state level in all the areas where labour trafficking and Human Trafficking Indicators
enforcement child trafficking are known to occur (NGHTI) to identify victim of
agencies (NAPTIP) and assess the risk of forced labour trafficking in persons in line with
in companies’ operation and supply international standards. (NAPTIP)
chains, and include checking of
work permit renewals. (NAPTIP)
Organise local and foreign

specialised trainings for IOs
especially those in the specialised

ATIP unit in collaboration with CSOs
Conduct needs assessments for on topics such as:
prosecution agencies and judiciary
a) Victim-centred response; and
officials to develop and
institutionalise specialised training b) Trauma-informed approach.
(using ILKAP-ILO Training on forced (NAPTIP)
labour for Judges, Prosecutors and
Legal Aid Practitioners)/sharing best
practices programme on TIP.
(NAPTIP)
Re-train judges, prosecutors and

legal aid practitioners on indicators
of forced labour and trafficking
including mental and psychological
coercion.
64 65

outcome outcome
Train labour inspectors on labour Conduct tailored training

trafficking, forced labour and child (workshops, e-learning courses or
labour issues e.g.: similar as appropriate) sessions on
forced labour legislation, inspection
a) Compliance of labour standards; and prosecution for Police Officers
and the judiciary.
b) The Fundamental Principles and
Rights at Work; and
c) Conducting gender and child

2.5 Employers have Conduct training and outreach 2023
responsive labour inspection.
increased capacity activities with employers
(NAPTIP)
for compliance with organisations and business
forced labour representatives, with the
legislation, and on involvement of government, trade
labour protection of union and CSO representatives.
all workers, including
Develop government strategy to migrant workers
institutionalize trainings on forced
Develop internal complaints
labour.
mechanisms in companies that are
2.4. The Labour Increase the number and resources 2024 transparent, accessible, zero
Inspectorate and of labour inspectors as well to reach retaliation and provides access to
other relevant the ideal number of inspectors per remedy and referral mechanism to
authorities have number of workers according to ILO relevant parties.
increased capacity to benchmarking and
enforce legislation recommendations.
and advice on forced
Employers develop written policy/
labour, and on labour
code of practice/ action plans to
protection of all
Develop joint inspection systems prevent and address forced labour,
workers, including
and procedures that allow different including (but not limited to)
migrant workers
law enforcement arms to coordinate appointing human rights focal
and undertake joint inspections in points in their HR departments.
workplaces, with primary objective
of assessing presence of forced
labour indicators.
Employers include reporting on
mandatory human rights due
diligence in company disclosures.
Establish a database on companies

Support SMES in developing
that were sanctioned for forced
genuine and effective grievance
labour offences.
mechanisms that comply with
international good practices and

Conduct regular compliance audit human rights standards.
on the approved recruitment
agencies.
Implement MSPO nationwide to
make MSPO certification mandatory.
Strengthen requirements for
employment agencies’ certification,
and/or official registration based on
Explore opportunities in
clear commitment and verified
harmonising decision making
practices of ethical recruitment and
process about whether an individual
transparency.
is a potential TIP victims or related
forms of exploitation (for example:
victims of slavery, servitude and
Conduct tailored training forced labour or services). (NAPTIP)
(workshops, e-learning courses or
similar as appropriate) sessions on
forced labour legislation, inspection
and prosecution for Labour Officers.
66 67

outcome outcome
2.6. Strengthen trade Conduct training and outreach 2023 Consult relevant stakeholders in
union capacity and activities with workers’ preparing for negotiations and
inclusivity to organise representatives. review of bilateral agreements/
workers, particularly MOUs with source countries.
migrant workers into Trade unions provide assistance to (NAPTIP)
trade union potential victims of forced labour in
members, especially submitting their complaints, and
in high-risk sectors. also in tripartite dialogues with Liaise with other governments by
workers and government. actively participating in regional/
international forums/platforms.
(NAPTIP)
Trade unions organise more

migrant workers to join especially in Negotiate new or review existing
high-risk sectors such as domestic bilateral agreements/MOUs with all
work. source countries and ensure the full
and effective implementation to
prevent women and men migrant
Increase penalties for employers workers from being trafficked into
and employment agencies the country and exploited, when
prohibiting workers from joining necessary .(NAPTIP)
trade unions, and strengthened
enforcement of the Trade Unions
and Industrial Relations Acts.
Increase transparency and public

access to bilateral agreements and
2.7. Reporting of Develop programme for whistle 2025 MOUs, and the provisions that
forced labour from blowers, informers and human protect migrant workers from
the public rights defenders as means to get forced labour, regulating
encouraged information on forced labour recruitment agencies, awareness
including establishing special funds raising to potential migrant workers
for informers whose identity as well as source countries’
remains confidential, and to verify responsibility in providing clear
information received from these guidelines to prevent illegal
parties. payments or other payments by the
workers in their country.
3 By 2025, migration 3.1. Recruitment Make application criteria, timelines 2022, 2025
management, including systems and and procedures for recruitment of Develop guidelines for approved
recruitment practices, practices for non- documented migrant workers more recruitment agencies to follow for
will be strengthened Malaysian migrant transparent, and publish in MOHR more transparency in recruitment
workers are website. process .(NAPTIP)

improved
(Implementation to be Collaborate with sending countries

coordinated by the
Develop clear national definitions of to disseminate information to the
recruitment fee and associated respective parties which includes
Technical Committee
costs including illegal payments, the recruitment agencies. (NAPTIP)
on Labour Migration)
identifying employers’
responsibilities, and publish in
MOHR website.
Conduct engagement sessions with
recruitment agency staff on national
Provide clear guidelines for cost trafficking in persons and labour
remediation of recruitment fees laws. (NAPTIP)
paid by workers, and publish in
MOHR website.
68 69

outcome outcome
Identify and address gaps in Train foreign and Malaysian labour

migration and employment attachés, immigration officials,
frameworks, including visa border police, labour inspectors and
framework, for example: consider other law enforcement personnel
reviewing policies on renewal of on forced labour laws, labour
work permits to allow workers to migration and vulnerabilities of
renew their own work permit and to migrant workers, victim
change employers during the time identification and support.
period for which the permit is
granted. (NAPTIP)
Increase monitoring of compliance

Monitor labour recruiters’ licence in with work permits with the onus to
Malaysia and their practices in terms the employers.
of legal compliance. (NAPTIP)
3.3. Men and women Develop a mandatory pre-departure 2022, 2025

Develop policy for non-automatic migrant workers are orientation programme with a
cancellation of work permits just informed of legal rights based framework targeted at
based on a police report submitted migration pathways, migrant workers to inform them of
by the employer reporting their workplace their rights, the relevant laws
abscondment but instead rights and relating to forced labour, child
conducting investigation looking at entitlements and key labour and TIP. (NAPTIP)
possible indicators of forced labour. relevant legislation
relating to forced
labour and TIP, in
their own languages. Enter into agreement with source
Develop a mechanism to monitor countries to make public the
salary deductions by employers recruitment costs at both countries.
particularly those related to
recruitment fees.
Pursue government-to-government
cooperation.
Conduct labour supply and demand
matching for recruitment of migrant Conduct mandatory post-arrival
workers. sector-specific orientation training
designed to supplement the pre-
departure training and ensure there
Enhance existing private social
is clear regulation on:
compliance systems including
increasing workers’ voice and a) List of licensed post-arrival service
providing training for social providers provided sending
auditors. countries to be recognised by
Malaysia after an auditing process;
Reduce the cost (including hidden b) Standardised post-arrival training

and undeclared costs) for recruiting according to sector;
documented migrant workers to c) Random auditing of workers on
prevent recruitment of post-arrival;
undocumented workers.
d) Random auditing of training
providers in Malaysia on the
training; and
3.2. Law enforcement Recruit, train and deploy additional 2023, 2025 e) Private employment agencies and
officials and labour law enforcement officials at borders employers compliance on this.
attachés have to address trafficking for forced
improved capacity for labour issues.
migration
management and
prevention of forced
labour in line with
the guiding
principles of the
NAPFL
70 71

outcome outcome
Pilot a programme to provide men 4.2. Improved Increase the number of support 2023, 2025
and women migrant workers with national capacity to services (e.g. shelters, freedom of
information on rights, access to protect and support movement, skills training
essential services and complaints victims of forced opportunities, employment
mechanism through Information, labour and prevent opportunities) for victims of forced
Education and Communication (IEC) that vulnerable labour, starting with establishing a
materials in multiple languages workers become new shelter in Sarawak.
provided by immigration/customs victims through
officials upon entry to the country. establishing better
(NAPTIP) systems and
procedures and Conduct needs assessment to check
Develop and deliver on-arrival training relevant if the views of victims have been
training and information to migrant stakeholders taken into consideration and that
workers on forced labour definitions support services made available are
and risks, legal requirements and relevant to their needs.
possible avenues for assistance for
victims. (NAPTIP)
Explore a pilot automatic issuance of Train law enforcement officials and

Special Pass and Visit Pass to court staff, workers, employers,
migrant workers who are seeking NGO representatives, labour
redress through the Labour attaches or consular officers,
Department or the Industrial religious and community leaders on
Relations Department to remain in forced labour and ways to support
Malaysia and work, until the final victims and prevent forced labour.
disposition of their case.
Engage the migrant community

leaders, foreign spouses, foreign
language teachers and embassy Support businesses to establish
officials in an institutionalised human rights departments and
system to assist in interpretation implement prevention and
with victims of forced labour. remediation measures, using
experiences from existing initiatives.
4 By 2025, victims of forced 4.1. Improved access Enhance Working for Workers app 2022, 2025
labour will have to remedy of victims to allow all workers, including
improved access to of forced labour undocumented to report potential
remedy, support and forced labour cases, and with the Develop and implement a specific
protection services and following enhancements: remediation plan at national or state
systems to prevent level, identifying specific key actors
forced labour will be • strengthening features of workers’
and their mandates and ensuring
improved privacy and non-retaliation;
coordination and nation-wide
• strengthening complaint features coverage of remediation and
that enable adequate capturing of support services.
indicators of forced labor;

(Implementation to be
coordinated by the • widen socialization of the existing
grievance mechanisms, including
Technical Committee Disseminate guidelines on national
the Working for Workers Apps to
on Protection and referral mechanism, with clear roles
employers particularly in high risk
Remedies) and responsibilities of different
sectors such as manufacturing,
parties.
construction and plantation; and
• enhance capacity of the grievance
handlers (under MOHR) to
effectively mediate and address
grievances, including potential cases
of forced labour.
72 73
Strategic Goals Indicators (use existing Means of Who will do the Frequency

indicators where possible) verification monitoring?
Overall Goal: Forced Prevalence rate of forced Surveys DOSM Twice

labour incidence is labour in selected (Baseline
reduced industry/ies and/or nationally and at the
by sex, age group, state, and end of 2025)
nationality
Number of forced labour Reports from MOHR with Annually

victims (both trafficking and complaints MOHA
non-trafficking related) mechanisms,
identified in Malaysia by sex, CSOs, law
age group, state, and enforcement
nationality agencies
Annex 2: National Action Plan on Forced SG1: By 2025, there will

be an improved
% increase in survey
respondents among workers
Online polls Awareness
Committee
Twice
(Baseline
knowledge base and and employers, young CSO and NGO and at the
Labour Monitoring and Evaluation awareness and
understanding of
people, government staff and
the general public who are
feedback Enforcement
Committee
end of 2025)
forced labour among aware about forced labour

Framework workers and
employers, young
indicators and are aware of
means to report this
people, government
staff and the general
public Number of migrant workers Report from Awareness Annually
11
, by sex, age group and implementing Committee
nationality who have received partners /
information in their own online polls
languages, about legal
migration pathways, labour Employment
rights, complaints contracts in
mechanisms, support options native
and/or relevant legislation language
relating to forced labour and
TIP
SG2: By 2025 there will Total number of forced Working for Legal and Twice
be improved 12 legal labour complaints, filed Workers Enforcement (Baseline
compliance and through the Working for reports Committee and at the
enforcement related to Workers app end of 2025)
forced labour
Annually
Number of forced labour Working for Legal and Twice

complaints, filed through the Workers Enforcement (Baseline
Working for Workers app, reports Committee and at the
that lead to Department of end of 2025)
Labour investigation,
mediation and/or
prosecution Annually
11
This includes both documented and undocumented migrant workers
12
When measuring improvement in the compliance and enforcement of legislation over time it is important to triangulate information
from the different indicators and look at the full pattern as different developments may not be understandable in isolation. For example,
improved capacity for law enforcement may lead to an increase in prosecutions initially, but as awareness on forced labour increases
among workers and employers, improved compliance with legislation in workplaces may lead to decreases in the number of prosecutions
74 75
Strategic Goals Indicators (use existing Means of Who will do the Frequency Strategic Goals Indicators (use existing Means of Who will do the Frequency

indicators where possible) verification monitoring? indicators where possible) verification monitoring?
Number of prosecutions that Court registers Legal and Twice (BL & SG4: By 2025, victims Number of forced labour MOHR and Protection and Annually
lead to convictions (including Enforcement at the end of of forced labour will cases filed, where victims MAPO reports Remedies
all cases, both those Committee 2025) have improved access have received legal and other Committee
generated through the to remedy, support protection support
working for workers app and and protection services
other means) and systems to prevent % of workers14 surveyed who Surveys Protection and Baseline and
Yearly
forced labour will be have used or have the means Remedies end of 2025
Number of public reports Public reports Legal and Annual improved to access complaints Committee
from non-government Enforcement mechanism on forced labour
agencies and the media Committee
Government SOP on SOP Protection and Once by the
reporting positive
protection of victims of Remedies end of the
developments in legal
forced labour (both Committee NAPFL
compliance of companies
trafficking and non-
ATIPSOM Act and ATIPSOM Act Legal and Once by the trafficking) developed with
Employment Act amended to and Enforcement end of the inputs from workers’ and
issues on legal definitions Employment Committee NAPFL employers’ representatives
relating to forced labour Act and CSOs
No. of labour inspections Report from Legal and Annual

conducted where Department of Enforcement
enforcement agencies Labour in Committee
provided the employers with Peninsular
information about forced Malaysia,
labour and migrant workers’ Sabah and
rights Sarawak
No. of trade unions that have Trade union Legal and Annual
a clear policy on protecting reports Enforcement
vulnerable groups including Committee
migrant workers, and who
have active organizing
initiatives efforts, including
promoting trade unions
among migrant workers
Increases in the number of Company Legal and Annual

companies with a no-forced reports Enforcement
labour company policy and Committee
forced labour prevention and

mitigation measures in place
A national labour migration National Labour Once by the

management strategy that labour Migration end of the
protects migrant workers’ migration Committee NAPFL
labour rights is in place management
strategy
% of workers13 interviewed Survey / polls Labour Baseline and

that have paid zero Migration end of 2025
recruitment fee Committee
77
76 National Action Plan on Forced Labour (2021-2025)

Napfl 2021-2025

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Government of Malaysia

National Action Plan on

Ministry of Human Resources

5. Monitoring and Evaluation 53

National Action Plan on Forced Labour (2021-2025)

4. The National Action Plan on Forced Labour 42

Message from the Honourable Minister

National Action Plan on Forced Labour (2021-2025)

NAPFL be comprehensive, practical and

Foreword from the Secretary General of

National Action Plan on Forced Labour (2021-2025)

Forced labour is a recognized global (NAPTIP), and the Labour Trafficking

Pledges of Support for the

National Action Plan on Forced Labour (2021-2025)

We, hereby affirm our support to fulfilling the efforts of the

Commodity; and the Department of Statistics that shared their technical

National Action Plan on Forced Labour (2021-2025)

4. Participants from the NAPFL consultation sessions in Peninsular Malaysia, Sabah

Acronyms and Abbreviations Glossary

National Action Plan on Forced Labour (2021-2025)

Association and Protection of the Right to Organise

National Action Plan on Forced Labour (2021-2025)

Human trafficking Also known as trafficking in persons, this is defined by the

National Action Plan on Forced Labour (2021-2025)

by debt (debt bondage); because they

National Action Plan on Forced Labour (2021-2025)

Excessive the provisions of the Convention. This

National Action Plan on Forced Labour (2021-2025)

As such, this National Action Plan on

Lack of documentation not only forces In Sabah, forced labour appears to

National Action Plan on Forced Labour (2021-2025)

workers were previously documented manufacturing, construction, services,

charging of illegal recruitment fees in

National Action Plan on Forced Labour (2021-2025)

approach that address the underlying

operating in Malaysia. The Strategic persons and communities. Many of

National Action Plan on Forced Labour (2021-2025)

raise awareness and understanding on

National Action Plan on Forced Labour (2021-2025)

2.1 Roles and

National Action Plan on Forced Labour (2021-2025)

partners to establish working groups composed of members of The

National Action Plan on Forced Labour (2021-2025)

NAPFL Steering Committee

Secretariat: Policy Division, Ministry of Human Resources

Awareness Legal Compliance Labour Migration Remedies and

National Action Plan on Forced Labour (2021-2025)

� The Contracts Act 1950 person who contracts with a principal,

National Action Plan on Forced Labour (2021-2025)

The differences in, e.g. age limits and

The Immigration Act places varying practices in different parts of

Business responsibility on preventing and addressing forced

National Action Plan on Forced Labour (2021-2025)

Legal Framework “All work or service” refers to all types

international cooperation to eliminate

National Action Plan on Forced Labour (2021-2025)

The National Action August 2019.

The formulation process is summarised in figure 2 below:

National Action Plan on Forced Labour (2021-2025)

The NAPFL considers forced labour as a Support to victims, protection services,

Launch of the comply with regulations on forced labour.

knowledgebase on forced labour in the enforcement initiatives, legal reviews,

National Action Plan on Forced Labour (2021-2025)