Forced Labour: The Role of NGOs in Labour Rights Enforcement

The past couple of years have been rough for several Malaysian-based companies, who were slapped with withhold release orders (WRO) on grounds of forced labour allegations, effectively prohibiting the importation of their products into the States. These orders, issued by the United States Customs and Border Protection (USCBP), came in light of rising social-related concerns along supply chains inadvertently uncovered by the Covid-19 pandemic.

NGOs have played a significant part in the issuance of these WROs, with some of the orders being made in response to concerns raised by such organisations. The WRO against FGV Holdings, for example, was issued in response to a joint complaint filed in 2019 by the Global Labor Justice–International Labor Rights Forum, Rainforest Action Network, and SumofUs pursuant to the US Tariff Act. A petition from Liberty Shared similarly resulted in the USCBP issuing an order, this time against Sime Darby—the anti-trafficking advocacy group would later file additional complaints of the same to the UK.

These instances are in line with the ongoing role of NGO as watchdogs against companies flouting labour and human rights. As NGOs continue to pressure customs officials to penalise these companies, it would, as described by Segi Enam principal Khor Yu Leng, pose a significant challenge for the palm oil and rubber gloves sectors, both of which Malaysia happens to be the world leader.