The United States has yet again taken action against a Malaysian company by reason of 'FORCED LABOUR' - Is this 'big powerful country' bullying Malaysia. Are these all FALSE allegations?
Malaysia's Federal Constitution specifically prohibits Forced Labour - Article 5(2) states, 'All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes.'
What Malaysians are getting confused about is that this is not the 1st Malaysian company where the US has alleged 'forced labour' and have taken action. Then, our government seems to take no(or very little action) against these companies alleged of practicing forced labour.
In the past, then the said companies 'remedies' their practices, and US lifts the restriction. This implies that there was really 'Forced Labour'...
Confusing is Malaysia's reaction - Is there 'forced labour' but Malaysia choose not to act against these companies that breach the law? Or is our labour laws dated and not in compliance with the minimum standards of international law - hence, what is a forced labour violation in US is not a violation of Malaysian law.
Our HR Minister(government) has also been not transparent - What exactly are the allegations? What was the result of the investigations? What were the actions taken? WHY? The HR Minister(Saravanan now) should now come out and inform us of what really is happening...
Was there violation of Malaysian laws against 'forced labour' but the HR Ministry's failed to detect it and act? When 'forced labour' found, was there 'cover-ups' by the government?
OR are we under attack from the US - if so, Malaysia must act against the US, or maybe people should protest against US - BOYCOTT?
Our HR Minister has been Saravanan since BN-PN-GPS Plus government came into power in March 2020 - and these allegations of 'forced labour' have been occurring since 2019 - and the Minister's plan is to launch a Forced Labour National Action Plan? This comes not just too late - but embarrassingly places blame on 'law enforcement' Should Saravan by reason of shame simply RESIGN as HR Minister - and let another do the needed cleanup of enforcement ?
According to Saravanan, the issue of forced labour in the rubber glove manufacturing sector is said to be linked to local companies in September 2019 and to date, three local companies had been banned but it was withdrawn in March and September last year.
He revealed that the plan contains four strategic objectives from the aspects of awareness, enforcement, labour migration and access to remedy and protection for victims.
In any event, Minister Saravanan (or the HR Ministry) ought to present Malaysians with a detailed report as to what happened, and what has been done in terms of enforcement and prosecution ...
It is important that we know specifically what were the forced labour allegations -...
These allegation is not simply about rubber glove producers - and, as such may affect all Malaysian companies who are exporting products to US, Europe and other countries. It is foolish to think otherwise..
US lift the 'bans' after the affected company did the needful - Well, Malaysia must certainly incorporate these things done as a legal requirement.
Malaysia can also make it an OFFENCE against companies that export products made using forced labour - A large fine and prison term will be good to DETER a repeat of such offences..
Malaysia should also enact a similar law - that allows Malaysia to ban the entry, sale of products made utilizing FORCED LABOUR..
If the US are making false allegations - then maybe we should be thinking of taking action against the US?
Office of Public Affairs
News Release
CBP Issues Withhold Release Order on Supermax Corporation Bhd and its Subsidiaries
Agency will detain imports of disposable gloves produced using forced labor
WASHINGTON —Effective Oct. 21, U.S. Customs and Border Protection (CBP) officers at all U.S. ports of entry will detain disposable gloves produced by Supermax Corporation Bhd.’s wholly-owned subsidiaries, Maxter Glove Manufacturing Sdn. Bhd., Maxwell Glove Manufacturing Bhd., and Supermax Glove Manufacturing.
CBP issued a Withhold Release Order (WRO) against Supermax Corporation Bhd and its subsidiaries based on information that reasonably indicates their use of forced labor in manufacturing operations. CBP identified 10 of the International Labour Organization’s indicators of forced labor during its investigation.
Federal statute 19 U.S.C. 1307 prohibits the importation of merchandise produced, wholly or in part, by convict labor, forced labor, and/or indentured labor, including forced or indentured child labor. CBP detains shipments of goods suspected of being imported in violation of this statute. Importers of detained shipments have the opportunity to export their shipments or demonstrate that the merchandise was not produced with forced labor.
“This Withhold Release Order will help protect vulnerable workers,” said Troy Miller, CBP Acting Commissioner. “CBP is a global leader in forced labor enforcement, and we will continue to exclude products made by modern slavery from entering into the United States.”
“With 10 of the 11 forced labor indicators identified during the course of our investigation, CBP has sufficient evidence to conclude that Supermax Corporation Bhd. and its subsidiaries produce gloves in violation of U.S. trade law,” said CBP Office of Trade Executive Assistant Commissioner AnnMarie R. Highsmith. “Until the manufacturers can prove their manufacturing processes are free of forced labor, their goods are not welcome here.”
In Fiscal Year 2021, CBP issued seven WROs and two forced labor findings. The International Labour Organization estimates that 25 million workers suffer under conditions of forced labor worldwide. Foreign companies exploit forced labor to sell goods below market value. This exposes vulnerable populations to inhumane working conditions like physical and sexual violence, isolation, restriction of movement, withholding of wages, excessive overtime, and more. It also hurts law-abiding businesses, threatens American jobs, and exposes consumers to unwittingly supporting unethical business practices.
Any person or organization that has reason to believe merchandise produced with the use of forced labor is being, or likely to be, imported into the United States can report detailed allegations by contacting CBP through the e-Allegations Online Trade Violations Reporting System or by calling 1-800-BE-ALERT.
Follow CBP Office of Trade on Twitter @CBPTradeGov.
-CBP-
U.S. Customs and Border Protection is the unified border agency within the Department of Homeland Security charged with the management, control and protection of our nation's borders at and between official ports of entry. CBP is charged with keeping terrorists and terrorist weapons out of the country while enforcing hundreds of U.S. laws.
PETALING JAYA: The issue of forced labour in Malaysia has again been brought into the spotlight with Supermax Corp Bhd being the latest Malaysian company to run afoul of US Customs and Border Protection (US CBP) over allegations of forced labour practices, which have resulted in a withhold release order (WRO) on its products exported to the United States.
US
CBP said that with 10 of the 11 forced labour indicators identified
during the course of its investigation, it has ample evidence to
conclude that Supermax and its subsidiaries produce gloves in violation
of US trade laws.
Other Malaysian companies still facing WROs imposed by US CBP include FGV Holdings Bhd and Sime Darby Plantation Bhd.
This has prompted the government to formulate the Forced Labour National Action Plan which will be launched next month as an approach to deal with the issue in the country, as announced by Human Resources Minister Datuk Seri M Saravanan on Friday.
He revealed that the plan contains four strategic objectives from the aspects of awareness, enforcement, labour migration and access to remedy and protection for victims.
Saravanan stated that the issue of forced labour is giving a bad image to the country’s rubber glove manufacturing sector in which Malaysia is the leading exporter with 60% of the global market, and the sector contributes 51.1% of the overall total exports of the country.
Besides Malaysia, other countries on the WRO list include Brazil, China, Japan, India and Mexico.
What is forced labour?
US CBP defines forced labour as all work or service which is exacted from any person under the menace of any penalty for its non-performance and for which the worker does not offer work or service voluntarily. Indentured labour is defined as work or service performed pursuant to a contract, the enforcement of which can be accomplished by process or penalties. This includes forced or indentured child labour.
How does US CBP address forced labour?
The US enforcement agency implements Section 307 of the Tariff Act of 1930 (19 U.S.C. §1307) through issuance of WROs and findings to prevent merchandise produced in whole or in part in a foreign country using forced labour from being imported into the US.
US CBP is responsible for preventing the entry of products made with forced labour into the US market by investigating and acting upon allegations of forced labour in supply chains.
The Human Trafficking Legal Center’s June 2020 guide, Importing Freedom: Using the US Tariff Act to Combat Forced Labour in Supply Chains, may be used to help the trade community strengthen petitions to US CBP, and is one of several suggested tools to combat forced labour.
What are the indicators of forced labour?
The indicators are intended to help “front-line” criminal law enforcement officials, inspectors, trade union officers, NGO workers, and others to identify persons who are possibly trapped in a forced labour situation, and who may require urgent assistance. These indicators represent the most common signs that point to the possible existence of a forced labour case.
The 11 International Labour Organization indicators of forced labour are:
1. Abusive working and living conditions.
2. Abuse of vulnerability.
3. Debt bondage.
4. Deception.
5. Excessive overtime.
6. Intimidation and threats.
7. Isolation.
8. Physical and sexual violence.
9. Restriction of movement.
10. Retention of identity documents.
11. Withholding of wages.
HR minister: Forced Labour National Action Plan to be launched next month
PUTRAJAYA, Oct 22 ― The Forced Labour National Action Plan will be launched next month as an approach to deal with forced labour issue in the country including the rubber glove manufacturing sector, said Human Resources Minister Datuk Seri M. Saravanan.
In a statement today, he said the plan contained four strategic objectives from the aspect of awareness, enforcement, labour migration and access to remedy and protection for victims.
He said the issue of forced labour is giving a bad image to the country’s rubber glove manufacturing sector in which Malaysia is the leading exporter with 60 per cent of the global market and the sector contributes 51.1 per cent of the overall total export of the country.
According to Saravanan, the issue of forced labour in the rubber glove manufacturing sector is said to be linked to local companies in September 2019 and to date, three local companies had been banned but it was withdrawn in March and September last year.
In this regard, Saravanan also viewed seriously the import ban imposed by the United States Customs and Border Protection Department (US CBP) on rubber-based products manufactured by a subsidiary of Supermax Corporation Bhd.
According to him, the ban was imposed based on investigations of US CBP which found the company had 10 forced labour indicators in the operation of manufacturing company.
On Wednesday, (October 20) , US CBP issued a Withhold Release Order (WRO) on Supermax Corp and all its subsidiaries after receiving information which claimed the use of forced labour in the manufacturing operation of the company.
Following that, the disposable rubber gloves produced by Supermax
Corp wholly-owned subsidiaries, Maxter Glove Manufacturing Sdn Bhd,
Maxwell Glove Manufacturing Bhd and Supermax Glove Manufacturing, were
banned from entering US effective yesterday (October 21). ― Bernama - Malay Mail, 22/10/2021
