Yes, it was LGBT factor which made us say 'No', confirms MEF boss

The Malaysian Employers Federation (MEF) has joined the Malaysian Trades Union Congress (MTUC) in citing LGBT issues as the reason their delegates voted against the International Labour Organisation (ILO) global treaty to improve protection for workers facing violence and harassment. 

"Yes, Malaysian employers voted against both the convention and recommendations. Both the convention and recommendations are very much based on the ideals of most advanced countries and failed to take into account the sensitivities of Malaysian culture and Islam as the official religion of Malaysia,” MEF president Shamsudin Bardan (above) told Malaysiakini.

"This should not be interpreted to mean that MEF condones any discrimination against LGBT, especially violence and sexual harassment at the workplace.

"LGBT are entitled to be protected and be safeguarded against violence and sexual harassment at the workplace just like any other employee,” he added.

The vote on June 21 saw ILO member governments, employers' federations and workers' representatives deliver a strong mandate to adopt the ILO Convention on Violence and Harassment.

The vote was overwhelming with 439 delegates voting for the convention's adoption and only seven voting against, with 30 abstentions.

However, both MTUC and MEF were among the seven who voted against the resolution.

Of the seven votes against the resolution, MTUC's was the only one representing a trade union umbrella body.

Furthermore, other Malaysian delegates abstained from voting.

MTUC president Abdul Halim Mansor, who cast one of the dissenting votes, told Malaysiakini yesterday that "the MTUC and MEF voted against (the convention) because they introduced and included LGBT in the Group on the Introduction Subject mention."

"MTUC's stand is consistent with the Malaysian government rejecting and not recognising LGBT," he said.

MEF vice-president A Ramadass had cast the other dissenting vote.

Tian Chua passes the buck to minister

Documentation by the ILO indicates that while the LGBT community was initially listed as a “vulnerable group” in the convention draft in March 2018, that reference was eventually removed.

A source in the women's workers movement claimed the removal of the LGBT reference “allowed Indonesia and some Arab nations to change their votes, but Malaysia did not follow suit.”

Questions are now being asked about the size of the Malaysian delegation who went to Geneva without accomplishing much. Official documentation lists over 60 Malaysians present, including government representatives and sizable delegations of three to six delegates each from the MTUC, Cuepacs, NUTP, NUBE, Sarawak Bank Employees Union and the CIMB Bhd Executive Union.

Tian Chua, former MP for Batu, was present in his capacity as chairperson of the Malaysian Productivity Corporation.

Asked why Malaysia had abstained not only on the sexual harassment and violence convention, but also chose to sit out the vote on Convention 87 on the right to freedom of association and protection to the right to organise, Tian Chua replied: "The government delegation was headed by the Minister of Human Resources (M Kulasegaran). You need to direct the question to him."

For the record, Malaysiakini has sent questions to the minister, but is yet to receive a response. His spokesperson has said that a statement will be issued soon.

However, Tian Chua said that "in principle, I believe Malaysia can and should ratify (these conventions).

The votes delivered by the MTUC and MEF and the abstentions by the government courted flak with a spokesperson for the All Women's Action Society (Awam) saying her group was "extremely disappointed with the decision of MTUC and the government."

Former MTUC secretary-general Gopal Kisham claimed that MTUC leaders had created a deficit of trust and confidence through their move, while Proham secretary general Ivy Josiah expressed shock since "the MTUC has a long history of defending women’s rights." - Mkini