Malaysia on the right track

Monday January 23, 2012

I REFER to “416 cases of human trafficking from 2008 to 2011” (Sunday Star, Jan 22).
According to the report, a total 416 cases reported and 591 arrests made by the human trafficking enforcement division of the Home Ministry from 2008 to 2011.
Trafficking of human beings is widespread. It is not only a criminal justice issue, but also a human rights issue, because trafficking is regarded as a serious threat to the promotion and protection of human rights.
The United Nations Convention Against Transnational Organised Crime and its Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol) defines ‘ trafficking in persons’ as:
“the recruitment, transportation, transfer, harbouring or receipt of persons, by means of the threat or use of force...for the purpose of exploitation. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.
Sasha Baglay in her 2011 paper “Protecting victims of human trafficking within a ‘non-refoulement’ framework” points out that the most common form of human trafficking involves the exploitation of people in the sex industry and forced labour in construction, hospitality industries and agriculture.
She states that more often than not, these victims have little or no freedom of movement, poor food and accommodation. They routinely suffer physical assaults and emotional abuse, especially foreign nationals who have been trafficked across borders.
They often face additional vulnerability due to a lack of status in the destination country and the consequent ever present threat of expulsion.
The UN Trafficking Protocol establishes a three-tiered strategy to combat human trafficking: the prevention of human trafficking; the prosecution of traffickers and the protection of victims.
Under the Malaysian Anti Trafficking in Persons and Anti Smuggling of Migrants Act 2007, many of the duties and obligations expressed by the UN Protocol have been faithfully followed such as the prevention strategies, the implementation of measures that assist the physical and social recovery of trafficking victims, witness protection schemes, and consultation with the trafficked person.
Malaysia has also continued its combating efforts on trafficking through its 2010 Anti-Trafficking in Persons Act (Amended), which broadened the definition of trafficking to include all actions involved in acquiring or maintaining the labour or services of a person through coercion and prescribes heavier penalties that are commensurate with those of other serious offenses.
Also, the National Council for Anti-Trafficking in Persons, a national coordinating body was established to ensure the proper identification and referral of trafficked persons.
The Council plays an important role in raising awareness of trafficking and ensuring that the victims receive adequate assistance.
As a result of the above legislations and the establishment of the National Council for Anti- Trafficking in Persons, Malaysia has made significant inroads in prosecuting and convicting trafficking offenders whilst at the same time offering protection to the victims of human trafficking.
However, despite these efforts, the words of Prof Dr Louise Shelly must be given due consideration.
She opines that human trafficking will grow rapidly in the twenty-first century as a result of economic and demographic inequalities, the rise of conflicts, and possibly global climate change.
She urges that only enhanced coordinated enforcement efforts of government, civil society, the business community, multilateral organisations, and the media will be able to stem its growth.
In Malaysia, the fight against human trafficking must be clearly defined as a law enforcement priority. Adequate personal and financial resources must be allocated for this purpose.
Perhaps the division could promote the use of joint investigation teams with a view to improving police cooperation in dealing with all forms of trafficking in human beings.
Apart from these criminal investigations, financial investigations must be carried out to allow the seizing of all assets derived from this criminal activity and that the perpetrators are deprived from them.
The National Council for Anti-Trafficking in Malaysia must involve all actors of human trafficking such government agencies, law enforcement, NGOs, local social welfare organisations, local authorities, labour unions, labour inspections and other labour related agencies.
The solution to human trafficking in Malaysia is in a state of development.
Sally Ramage in her 2008 paper “Human Trafficking in 2008-blowing away some myths” states that this particular area of law is not black or white because it involves people, mostly poor, uneducated, and economic migrants.
It needs more than criminalisation to combat human trafficking. She argues that it is more of a matter of educating the actors of Human Trafficking and general public on the enforcement and implementation of the laws.
In Malaysia, perhaps, when all concerned human trafficking actors and a more aware civil society is able to work together in implementing our laws, we may be able to put an end to this serious violation of human rights sooner rather than later.
M. SARAVANABAVAN,
Ipoh.