Protect human trafficking victims, Suhakam tells govt

Department of State in its 2013 Trafficking in Persons (TIP) report for failing to fully comply with the minimum standards for the elimination of trafficking under the US Trafficking Victims Protection Act 2000 (TVPA). The State Department attributes Malaysia’s ranking to the lack of significant progress made by the Malaysian Government in addressing human trafficking in Malaysia as compared to the previous year.

In its 2013 TIP report, the State Department provides its assessment on Malaysia’s human trafficking track record vis-à-vis the Government’s efforts from three main aspects namely, prosecution, protection and prevention, some of which have been highlighted by the Commission through its annual reports, as well as dialogues and roundtable discussion with relevant Government agencies and other stakeholders.

Based on its findings derived from its dialogues held with various key stakeholders and visits to shelters for trafficked victims, the Commission has made the following recommendations:

• That the Government strengthen its mechanisms in relation to the prosecution of offenders, the protection of victims and the prevention of new incidents of trafficking through partnership with civil society groups and diplomatic missions, as well as international and regional stakeholders;

• That NGOs should be provided avenues to offer their expertise to the Council for Antitrafficking in Persons and Anti-smuggling of Migrants (MAPO) since many victims are more inclined to approach them for assistance;

• That all victims are provided with immediate health check-up upon their arrival at the shelters, as well as regular visits by medical personnel;

• That the victims are informed of the status of their cases, and a special court be established to expedite the resolution of cases pertaining to anti-trafficking in persons;

• That the Government provide extensive training to enhance the skills of law enforcement officers nationwide, especially those on the frontline, on ways to identify suspected victims of human trafficking;

• That the Government amend the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670) by allowing the victims to receive compensation and to work pending the resolution of their cases; gazetting NGO-run shelters; providing greater clarification on cases of human trafficking and smuggling of migrants under Sections 12 and 13 of the ATIP Act; as well as clarification on the Commission’s role and membership on the Council.

• That the Government review Section 2(1) of the Employment Act 1955 on the legalisation of 'contractor for labour' which may result in the exploitation of workers by both the recruiting agents and the employers; and

• That the Government accede to the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families as well as the Convention Relating to the Status of Refugees.

Given the fact that Malaysia is both a destination and transit country for many migrant workers, the Commission calls upon the Government to intensify its efforts to provide greater protection to victims of human trafficking and smuggling at all stages, in line with international standards set by the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children.

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