Malaysia- 1st- Freedom of association

By Daniel Morris | 13. January 2026

BACKGROUND AND CONTEXT

“[…] Human rights provisions in the Federal Constitution related to business and human rights are: […]

2. Freedom of Speech, Assembly and Association:

Citizens have the right to express their opinions, assemble peacefully and form associations. While these rights are subject to limitations in the interest of national security, public order or morality, the Constitution provides a basis for the exercise of civil liberties.”

THEMATIC PRIORITY 2: LABOUR

UNGP PILLAR 1

FOUNDATIONAL

No.: L1.1

Action: Conduct a study that addresses the gaps between labour laws and national policies, and international labour standards including challenges faced by the government and businesses on ratifying international conventions

Output indicator(s):

  • Provide evidence, insights and recommendations on Conventions below:
  • C87 – ILO Freedom of Association & Protection of the Right to Organize Convention, 1948;
  • C97 – ILO Migration for Employment Convention (Revised), 1949;
  • C189 – ILO Domestic Workers Convention, 2011; C
  • 190 – ILO Violence and Harassment Convention, 2019;
  • ICESCR.
  • Collaborative partner(s): KESUMA

No.: L1.3

Action: Enhance protection of the rights of workers, including the participation of workers in trade unions, to guarantee decent work, social protection, training opportunities and job security in the Just Energy Transition.

Output indicator(s):

  • Tripartite dialogues are convened to address human and labour rights challenges related to the Just Energy Transition.
  • Revisions to labour rights protection frameworks are proposed that consider transition-related impacts.

Collaborative partner(s): KESUMA; Ministry of Energy Transition and Water Transformation (PETRA); energy sector; trade unions.

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SOCIAL PROTECTION AND RIGHT OF ASSOCIATION AND COLLECTIVE BARGAINING

No.: L1.13

Action: Provide financial and technical support for the professionalisation of trade unions.

Output Indicator(s):

  • Number of trade KESUMA unions receiving financial and technical support to enhance their skillsets for them to represent their members more effectively.

Collaborative Partner(s): KESUMA

UNGP PILLAR 2

No.: L2.11

Action: Promote the meaningful and active participation of workers, trade union representatives, and civil society actors in social dialogue, company-led sustainability initiatives, multistakeholder engagements, and social audits. Their selection should be conducted through transparent and fair processes to ensure credibility and effectiveness. Businesses must also safeguard against any form of reprisals for their participation.

No.: L2.12

Action: Demonstrate that no restrictions, penalties, sanctions or any other forms of retaliation or reprisal are imposed on or taken against workers for joining and participating in a trade union of their choice. This means genuinely safeguarding workers’ fundamental right to freely associate and organise without fear of discrimination, harassment or unfair treatment by employers.

No.: L2.13

Action: Promote fair, transparent, legitimate, and impartial grievance and remediation policies and mechanisms to receive and act on labour-related complaints and grievances. These policies and mechanisms should be accessible to external parties, including individuals, business partners, governmental institutions, worker representatives, trade unions or worker organisations and CSOs. There should be complete and regular disclosures of the grievances raised with specific updates on actions taken.