HUMAN TRAFFICKING IN MALAYSIA AND SURROUNDING AREAS

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HUMAN TRAFFICKING IN MALAYSIA AND SURROUNDING AREAS PSYC-‐1032-‐F Kim Ferguson By: Elaine Yong Fong Le

HUMAN TRAFFICKING IN MALAYSIA AND SURROUNDING AREAS

TABLE OF CONTENTS NO. 1 2 3 4 5 6 7 8

CONTENT Abstract Introduction Definition of Human Trafficking Types of Human Trafficking & Exploitation Factors of Human Trafficking Malaysian Policies against Human Trafficking Combating Human Trafficking a) Past & Current Measures i. Governmental Organizations ii. Non-‐Governmental Organizations b) Future Measures Conclusion Bibliography

PAGE 2 3-‐5 6 7-‐10 11-‐17 18-‐21 22-‐26 27-‐31 31-‐34 35-‐36 37-‐41

PSYC-‐1032-‐F Elaine Yong Fong Le

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ABSTRACT This conference paper will address the issue of human trafficking in Malaysia and its surrounding countries. The term ‘human trafficking’ will be defined based on Article 3(a) of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. This paper will also include a discussion of the types of exploitation associated with human trafficking such as sexual exploitation, forced labor, domestic servitude and organ harvesting. Following this, we will analyze the various factors of human trafficking in Malaysia. These factors will include poverty and economic inequality, child and family risk factors, gender inequality and discrimination, demand factors, policy issues, ineffective maritime governance and weak borderland control. Malaysian policies that are related to human trafficking and specific measures previously taken to combat human trafficking will then be reviewed. Information about the different organizations that are fighting against human trafficking in Southeast Asia such as the Malaysian Human Rights Commission (SUHAKAM), Anti-‐Trafficking in Persons and Anti-‐Smuggling of Migrants Council (MAPO), Tenaganita and Change Your World (CYW) will also be compiled. Methods to better combat human trafficking will then be explored. Some of these methods include improved training for enforcement officials, good victim protection, strong borderland control and strategic partnerships.


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INTRODUCTION Human trafficking is one of the fastest growing industries in the world and is currently the third largest international crime industry after illegal drugs and arms trafficking, making a profit of $32 billion annually (ILO, 2005). According to the Global Report on Trafficking in Persons 2012 by the United Nations Office on Drugs and Crime, women constitute about 59% of the victims of human trafficking globally followed by girls at 17%, men at 14% and boys at 10%. As for Southeast Asia and Pacific, of all the human trafficking victims detected from the year 2007-‐2010, 39% are children and 61% are adults (UNODC, 2012).

Malaysia, a country in Southeast Asia is a source, transit and destination

for victims of human trafficking (U.S. Department of State Trafficking in Persons Report, 2012). Victims of human trafficking in Malaysia can consist of locals, illegal immigrants, refugees and people of other nationalities. Some of these victims migrate willingly in hopes of obtaining a better job and benefitting from the economic opportunities available in Malaysia but eventually fall prey to human trafficking (Stanslas, 2010). On the other hand, some human trafficking victims are kidnapped and abducted either locally or internationally. Many of these victims are from surrounding countries such as Bangladesh, Burma, Cambodia, China, India, Indonesia, Nepal, Thailand, the Philippines, and Vietnam. A majority of these victims are part of the estimated 2 million documented and 2 million or more undocumented foreign workers in the country (U.S. Department of State Trafficking in Persons Report, 2012). PSYC-‐1032-‐F Elaine Yong Fong Le

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HUMAN TRAFFICKING IN MALAYSIA AND SURROUNDING AREAS As Malaysia becomes increasingly more aware of the human trafficking

syndicate that is occurring globally and nationally, many Malaysians have started to be more involved in fighting this crime. The government enacted the Anti-‐ Trafficking in Persons and Anti-‐Smuggling of Migrants Act 2007 (Anti-‐Trafficking in Persons and Anti-‐Smuggling of Migrants Act, 2007). Following this, the Council for Anti-‐Trafficking in Persons generated a National Action Plan Against Trafficking in Persons for the period of 2010-‐2015 (Council for Anti-‐Trafficking in Persons, 2010). Other governmental bodies such as the Human Rights Commission of Malaysia (SUHAKAM), Royal Malaysia Police, Immigration Department Malaysia, Royal Malaysian Customs Department and Malaysian Maritime Enforcement Agency started to step up actions to combat human trafficking. Non-‐governmental organizations such as Tenaganita also began providing protection and help to victims, and bringing more awareness to the public about the severity of the issue (Tenaganita, 2012).

Malaysia is determined to fight against human trafficking. However, there

is little increase in overall efforts to address this issue as compared to 2011 (U.S. Department of State Trafficking in Persons Report 2012). Malaysia is again placed on the Tier 2 Watch List of the United States Department Trafficking in Persons Report 2012 for the third year consecutively. The United States Department Trafficking in Persons Report is a report that gives a clear and honest assessment of the progress of the government of each country in combating human trafficking. The Tier 2 Watch List on the other hand refers to countries whose governments do not fully comply with the minimum standards in the Trafficking Victims Protection Act but are in the progress of complying PSYC-‐1032-‐F Elaine Yong Fong Le

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with those standards (U.S. Department of State Trafficking in Persons Report 2012). In order to be upgraded from the Tier 2 Watch List, Malaysia needs to show significant efforts and take more action against this crime. This paper will give an overview of the human trafficking situation in Malaysia and also suggest measures that can be taken to win this fight.


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Definition of Human Trafficking Under Article 3(a) of the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (also known as the Trafficking Protocol), human trafficking is defined as “the recruitment, transportation, transfer, harboring or receipt of persons, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, 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 labor or services, slavery or practices similar to slavery, servitude or the removal of organs.” (United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2000, p.2)

In other words, human trafficking is an illegal trade that involves the

entire process of buying, selling and harboring of persons through various means with the motives of exploitation for monetary and selfish reasons.


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Types of Human Trafficking Human trafficking also known as modern day slavery, comes in many forms. The most common forms of human trafficking in Southeast Asia are baby trafficking, child trafficking, sex trafficking, labor trafficking and organ trafficking. Various exploitations are also linked to each type of trafficking. Sexual exploitation, forced labor, domestic servitude and organ harvesting are among the four broad categories of such exploitations (United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, 2000). Sexual Exploitation Trafficked victims are susceptible to sexual exploitation. About 44% of victims in Southeast Asia and Pacific are sexually exploited between 2007 and 2010 (UNODC, 2010). Men, women and children are all susceptible to sexual exploitation (Serious Organized Crime Agency, 2012). Women and girls make up about 98% of victims forced into sexual exploitation (ILO, 2005). Sexual exploitation occurs when victims are forced to perform sexual acts without their consent. Some of these sexual acts may also be abusive because victims are being forced into such acts for the pleasure of the other party. Victims may then struggle to resist and thus experience physical attacks from the opposition. Many victims are kidnapped and sold as prostitutes to brothels, bars and karaoke clubs. Some are sold as mail-‐order brides and there are even cases of parents selling their daughter’s virginity to the highest bidder once their daughter turns twelve or thirteen (Not For Sale, 2012). Commercial sexual exploitation also PSYC-‐1032-‐F Elaine Yong Fong Le

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includes stripping, pornography, mail-‐order-‐bride trade and sex tourism (Hughes, 1999). Victims of human trafficking are being sold like commodities and are continuously exploited until they are terminally ill, become of no use or value, or die (Amnesty International Firefly Project, 2012). Many are also illegally trafficked to other countries and fear the consequences of being discovered by the authorities. Some are being told that the fate of their families lies in the quality of their performance thus leading them to perform their best to ‘protect’ their family. The victims live each day with much physical and emotional pain, shame and fear. Forced Labor Victims of forced labor work very long hours with little or no pay. In most cases, they have to hand over their pay to the traffickers (ILO, 2005). Their jobs are laborious and they are usually threatened verbally and abused physically by their employers. Victims are usually from developing countries and are trafficked across borders into agriculture, construction and manufacturing industries. They have no freedom of choice, are held in bondage by the traffickers who keep their passports and identity documents and have very restricted movements. The victims may also be held in a debt-‐bondage and can never finish paying off their debts. These debts may arise from the expenses for plane tickets, food and shelter (ILO, 2005). PSYC-‐1032-‐F Elaine Yong Fong Le

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Domestic Servitude Domestic servitude is closely related to forced labor in many aspects. In fact, it is acknowledged as a special category under labor trafficking. The major difference between domestic servitude and forced labor is that the victims work in private households instead of industries like the more common forms of labor trafficking. House chores such as cooking, cleaning, renovations and child-‐care are assigned to the victims (Kara, 2012). Those trapped in domestic servitude are usually young women. Some of these women are tricked into believing that they have been given the opportunity of an education in another country only to realize that they have been tricked (United States Trafficking in Persons Report, 2007). In Western Nepal, Haiti and many third world countries, parents sell their children to traffickers for as low as $30. Their visas are usually held by the traffickers leaving them with no escape besides staying with their employer in fear of deportation due to immigration issues. Many employers physically, emotionally and sexually abuse the victims. Victims would have little privacy, comfort and unsupervised freedom (Serious Organized Crime Agency, 2012). Organ Harvesting Organ harvesting is the trafficking of people with the motives of harvesting their organs for sale (United Nations and Joint Council of Europe, 2009). Among the organs sold are the kidneys, heart, lungs, small bowel, liver, bones, tendons, heart valves and skin. The organs that are most sought after are usually the kidneys which can be transplanted with few risks. Some victims are


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murdered for their organs whereas others are tricked into believing that they can save lives and make money at the same time (Free To Shop, 2012).


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Factors of Human Trafficking The factors of human trafficking in Malaysia are in some ways different but not completely from those in other regions. In the US, many young girls fall prey to human trafficking when attempting to run away from home (Alcindor, 2012). Some are kidnapped when travelling and are usually taken against their will. Others are vulnerable and easily charmed by men only to realize that they have been tricked. These women are then kidnapped and eventually sold. These common factors of human trafficking in the US are not usually the case in Southeast Asia. There are many factors of human trafficking. The “Children for Sale: Child Trafficking in Southeast Asia” journal uses Bronfenbrenner’s ecological model which emphasis the relationship between people and their environment as a possible framework for the factors of human trafficking (Rafferty, 2007). It categorizes the factors into four broad categories namely poverty and economic inequality, child and family risk factors, gender inequality and discrimination, and demand factors. I will now proceed to further elaborate the causes of human trafficking in Southeast Asia. Poverty and Economic Inequality Poverty is a major factor of human trafficking. Most victims of human trafficking especially those in Southeast Asia come from families living barely above the poverty line (ECPAT, 2002; Farr, 2005; UNICEF, 2005 as cited in Rafferty, 2007). They are vulnerable and are easy prey for human trafficking PSYC-‐1032-‐F Elaine Yong Fong Le

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syndicates. In Southeast Asia, the indigenous peoples are easy targets of human trafficking (Kuppusamy, 2008). Most of them lack economic and job opportunities. The victims are tricked when approached by traffickers offering them jobs with false promises (ECPAT, 2002 as cited in Rafferty, 2007). They are also not well informed of human trafficking syndicates and this lack of knowledge makes them easy targets of human trafficking (UNICEF, 2005). Irene Fernandez, the executive director of Tenaganita, a leading Malaysian NGO that tracks trafficking of women to Malaysia from across the Asia Pacific region says that more tribal people are being trafficked for prostitution after being tricked to believe that they are getting high-‐paid jobs (Kuppusamy, 2008). In Malaysia, the Penan people of the interiors of Sarawak and the Orang Asli tribal groups in Peninsular Malaysia are trafficked internally. A Malaysian researcher with the Penan people says that poverty and geographical location puts the Penan people at a high risk of being exploited. The sexual exploitation of young tribal women by outsiders such as miners and workers in their own village is also on the rise (Kuppusamy, 2008). Child and Family Risk Factors In connection with poverty and economic inequality, child and family risk factors also contribute to the rise in human trafficking in Malaysia. An example of such risk factors is being female (ECPAT, 2006a; Omeraniuk, 2005 as cited in Rafferty, 2007). According to the International Labor Organization, 98% of those forced into commercial sexual exploitation are female (ILO, 2005). Age is also a contributing factor. Those aged between 12 and 16 years are at the greatest risk PSYC-‐1032-‐F Elaine Yong Fong Le

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of being trafficked (Rafferty, 2007). In addition, many of the trafficked victims that come from poor families do not have adequate family protection because their families are often busy handling a few jobs to support the family. These children are thus vulnerable and easily deceived by traffickers (Rafferty, 2007). Children from poor and dysfunctional families may not have a strong relationship with their family members and are at an even higher risk of being trafficked. Families facing such tough conditions and who live in the rural areas of the country are highly targeted by human trafficking syndicates (LSCW, 2005 as cited in Rafferty, 2007). Gender Inequality and Discrimination As mentioned in the previous point, women and children face a higher risk of being exploited. This is also the case for women and children of poor households in certain rural areas who are still being highly discriminated upon (IPU and UNICEF, 2005 as cited in Rafferty, 2007). They are not given the same job opportunities as their male counterparts and therefore can only work in limited job sectors (D’Cunha, 2002 as cited in Rafferty, 2007). The cultural traditions and beliefs of some of the indigenous tribes is the reason behind such discrimination. Religious beliefs that girls are born as a result of bad luck and weak marriages are some of the reasons that lead to such discrimination. (Asian Development Bank (ADB), 2006; ECPAT, 2002; IPU and UNICEF, 2005; Mahler, 1997 as cited in Rafferty, 2007). Women and girls are also being stereotyped as the weaker gender and thus it is harder for them to obtain certain jobs (D’Cunha, 2002; UNDAW, 2002 as cited in Rafferty, 2007). Some families hold firmly to PSYC-‐1032-‐F Elaine Yong Fong Le

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their history and culture, and some believe that the birth of females is a result of bad luck (Rafferty, 2007). The discrimination against women also includes the belief that the education of women is a useless investment. Therefore, in some parts of Southeast Asia, females are less likely to be able to read and write or to even be enrolled in a school (UNICEF, 2006 as cited in Rafferty, 2007). Such factors lead to the reasons behind the trafficking of these women into and within Malaysia. Demand Factors

The increase in demand for cheap labor in certain economic sectors and sex

workers contributes to the human trafficking syndicate. Traffickers trick the parents of low-‐income households into selling their children in exchange for a fee (Rafferty, 2007). Many in desperate need for money willingly sell their children and those who cannot afford the expenses of caring for their children think of this as a way for a brighter future for their children and themselves, not realizing the heavy consequences of doing so (Terre des Hommes, 2004). The global demand for sex workers and prostitutes is on the rise and human trafficking aims to fulfill these desires (Caritas Internationalis, 2012). Malaysia is also being perceived as a nation with economic opportunities as compared to its impoverished neighboring countries; therefore many long to work there (Stanslas, 2010). As a result, when traffickers approach the victims with false proposals of a good job in the country, many victims easily agree to it. Policy Issues

As previously mentioned, Malaysia is currently on the Tier 2 Watch List of PSYC-‐1032-‐F Elaine Yong Fong Le

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US Department of State Trafficking in Persons Report 2012. Malaysia has a written plan that if enforced could make significant improvements regarding the issue of human trafficking (U.S. Department of State Trafficking in Persons Report , 2012). However, many of these plans are not being carried out and there is a lack of manpower and intelligence in the country to combat human trafficking (Kuppusamy, 2004). In fact, some Malaysian immigration officers, police force and RELA (Volunteer corps) have been uncovered for being a part of the human trafficking syndicates (Tenaganita, 2008). These officers have been bribed and there is severe corruption within the government (Stanslas, 2010).

Trafficking statistics between the police and the immigration department

also began to differ (Kaur, 2004). The shortage of legal channels available for the adoption of babies and the bureaucratic red tape involved in the legal adoption process cause the rise of baby trafficking in the country. There is also a lack of reliable hard data about the actual number of human trafficking cases due to the reluctance of victims to make reports. These victims fear arrest by immigration officials and are afraid of retaliation by crime syndicates (Stanslas, 2010). The involvement of officials in human trafficking syndicates makes it even harder for victims to trust these officers or to file reports. The lack of legal protections and limited number of services that protect the rights of domestic workers cause many victims to be at a point of despair, not knowing any ways to report their conditions (The Protection Project, 2010). Ineffective Maritime Governance and Border Control

Transborder trafficking is rampant in Malaysia and traffickers and their PSYC-‐1032-‐F Elaine Yong Fong Le

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victims cross over to Malaysia with ease due to weak border control (Stanslas, 2010). Malaysia’s coastline is 4675 km long comprising of 2068 km in Peninsular Malaysia and 2607 km in Sarawak. This coastline is permeable and difficult to monitor making it easy and cheap for transborder syndicates to operate with little or no regulation (Stanslas, 2010).

The increasing maritime trade and economic globalization alongside with

migration and geographical factors fuel the occurrence of human trafficking across borders into and out of Malaysia. A 2008 survey showed that 2000 barter trade boats and 1500 ferryboats transporting 4.8 million passengers entered and left Malaysia waters in the first 6 months of 2008 (Suppiah, 2009 as cited in Stanslas, 2010). However, the number of passengers that were actually trafficked cannot be determined as there is a difficulty distinguishing between trafficked victims and smuggled ones (Stanslas, 2010). Trafficked victims have either never given consent or eventually this consent considered void due to the exploitation that they experience. Smuggled victims on the other end have given their consent to be smuggled across borders.

The social dynamics of the environment of the borderlands makes it even

tougher for the enforcement of law in these areas (Munro, 2012). The criminals also tap on the vulnerability of marginalized groups living in the borderlands and the borderlands are far from central control thus making them the perfect location for human trafficking syndicates to occur. The weaknesses of the state institutions are also manipulated by the traffickers and used to their benefit (Munro, 2012). PSYC-‐1032-‐F Elaine Yong Fong Le

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Other Factors

Malaysia’s multiracial demographic allows victims to easily blend in with

the rest of the community (Stanslas, 2010). This is because it will be difficult to differentiate between immigrants and Malaysians due to the similarities in looks between the immigrants and the races in the country. There are many who run away from their country due to economic disparity and low job opportunities. They go to Malaysia seeking refuge but instead are trafficked. When caught by immigration officials, these refugees are placed in badly conditioned detention centers (Human Rights Watch, 2004).

Malaysia’s strategic location in Southeast Asia also leads to it being a transit

for those seeking refuge in richer nations like Australia and New Zealand (Zappei, 2010). In line with turning Malaysia into an educational hub, the government has set up regional recruitment offices in cities in China. Traffickers have used this for their own gain by recruiting students illegally, paying for their tuition fees, confiscating their identification documents before selling them off to different job sectors such as restaurants and brothels (Kuppusamy, 2003).


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Malaysian Policies Against Human Trafficking

As global human trafficking is on the rise, the Malaysian government has

taken various actions to implement new policies in the country to fight against this crime. Below are some of these policies. 1. Anti-‐ Trafficking in Persons and Anti-‐Smuggling of Migrants Act 2007

In the year 2010, Malaysia was moved from the Tier 3 to Tier 2 watch list in

the United States Department Trafficking in Persons (TIP) Report. The enactment of the Anti-‐Trafficking in Persons and Anti-‐Smuggling of Migrants Act 2007 in Malaysia was a great contributing factor to this shift (Loh, 2010). The aim of this act was to give more comprehensive guidelines on how to combat human trafficking and also to protect the welfare of the victims.

The Anti-‐Trafficking in Persons and Anti-‐Smuggling of Migrants Act 2007

was previously known as the Anti-‐Trafficking in Persons Act 2007 [Act 670] before it faced an amendment in the year 2010 under the Anti-‐Trafficking in Persons (Amendment) Act 2010. These amendments were made to include the smuggling of migrants as part of the act (Anti-‐Trafficking in Persons (Amendment) Act 2010).

There were originally 6 parts in the Anti-‐Trafficking in Persons Act 2007.

However, a new Part IIIA was included in the Anti-‐Trafficking in Persons and Anti-‐Smuggling of Migrants Act 2007 after the amendment. PSYC-‐1032-‐F Elaine Yong Fong Le

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Controversies Regarding the Amendment of Anti-‐Trafficking in Persons Act 2007 According to Datuk Seri Panglima Hishammuddin bin Tun Hussein, the Malaysian Minister of Home Affairs, the reason for the amendment was to tackle the human trafficking crime in a more comprehensive manner because the smuggling of drugs and firearms is also involved in this crime (Loh, 2010).

However, Aegile Fernandez, the consultant manager of Tenaganita, a non-‐

governmental organization that aims to protect and promote the rights of women, migrants and refugees thinks that there should be a separate act for the offense of smuggling migrants. This is because there is a thin line between human trafficking and smuggling of migrants. This causes the definition of both these issues to be confusing (Loh, 2010). Human Rights Watch Asia division deputy director, Philip Robertson also remarked that Malaysia was committing a “cardinal sin” for failing to differentiate between the trafficking and smuggling of people in the amendments to the Act (Loh, 2010). This is because a failure to differentiate between human trafficking and human smuggling may cause victims of human trafficking be mistakenly identified and thus not receiving the protection that they should get. 2. Immigration Act 1959/63 [Act 155]

The Immigration Act is divided into seven parts. Section 8 under Part 2 of

the act addresses the issue of prohibited immigrants and trafficked victims fall under this category. In the year 2002, Malaysian officers used the immigration act to prosecute traffickers (Humantrafficking.org Project, 2012). This was PSYC-‐1032-‐F Elaine Yong Fong Le

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before the Anti-‐Trafficking in Persons act was enacted. The traffickers were only regarded as smugglers and so only received fines and light sentences. 3. Child Act 2001 [Act 611]

The Child Act 2001 is an act to protect children and ensure that issues that

may concern children are addressed (Child Act, 2001). Altogether, there are 15 parts in the act.

Part VIII of the act focuses on the trafficking and abduction of children and

details the different types of offences and their punishments. In general, each offence will result in a fine not exceeding ten thousand ringgit or imprisonment for a term not exceeding five years or both (Child Act 2001).

The Child Act 2001 has been and will continue to be used to protect the

rights of children and the welfare of those that are trafficked or abducted. It will also be used as a guideline for necessary punishments to be imposed on child traffickers (Humantrafficking.org Project, 2012). 4. Penal Code [Act 574]

The Penal Code is “an act relating to criminal offences” (Penal Code, 2006).

It is a comprehensive list of the Malaysian Law and covers a wide range of aspects. There are 23 chapters in the entire penal code.

Chapter 16 titled "Offences Affecting The Human Body" includes nine

categories of offences. Among these offences are the wrongful restraint and wrongful confinement of persons, criminal force and assault, kidnapping, abduction, slavery and forced labor and rape. These categories are closely related to human trafficking. PSYC-‐1032-‐F Elaine Yong Fong Le

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HUMAN TRAFFICKING IN MALAYSIA AND SURROUNDING AREAS The acts involved in the human trafficking crime falls under many of these

categories especially categories four to seven. These acts are criminalized under the penal code and the offences are each subjected to different types of punishments. These punishments may include caning, fines and a maximum 15-‐ year prison term (Humantrafficking.org Project, 2012). 5. Anti-‐Money Laundering Act 2001 [Act 613]

The Anti-‐Money Laundering Act 2001 [Act 613] is an act to ensure that

transactions are always monitored, illegal monetary activities do not go unnoticed and that the rightful punishment will be imposed on offenders (Anti-‐ Money Laundering Act 2001).

The application section of Part 1 states that the Act shall apply to “any

serious offence, foreign serious offence or unlawful activity whether committed before or after the commencement date” (Anti-‐Money Laundering Act 2001). The crime of human trafficking falls under section 3 of the act that defines the term “serious offence”. Some examples of serious offence that relate closely to human trafficking are those listed under the “Child Act 2001”, the “Kidnapping Act 1951” and the “Penal Code”. In 2004, the Malaysian government used the Anti-‐Money Laundering Act 2001 to seize businesses involved in illicit activities such as human trafficking and there were reports of four such seizures (Humantrafficking.org Project, 2012).


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Combating Human Trafficking

In this section, I will be documenting the various measures that have and

can be taken to combat human trafficking in Malaysia. This section will be divided into a few parts namely the actions taken by the Malaysian government, international cooperation, contributions by non-‐governmental organizations and suggestions for further improvement in Malaysia’s fight against human trafficking. Some Actions Taken by The Malaysian Government

The Malaysian governmental organizations and enforcement agencies

involved in fighting human trafficking are the Malaysian Human Rights Commission (SUHAKAM), Anti-‐Trafficking in Persons Council (MAPO), Royal Malaysia Police, Immigration Department Malaysia, Royal Malaysian Customs Department and Malaysian Maritime Enforcement Agency. These organizations and agencies have made some efforts to fight human trafficking in the nation and the following are some of the measures that have been taken. 1. Broader Definition of Trafficking

On November 2010, the definition of trafficking was broadened to include

all actions involved in acquiring or maintaining the labor or services of a person through coercion (U.S. Department of State Trafficking in Persons Report, 2011). 2. Ratify the Optional Protocols to the Convention of the Rights of the Child (CRC)

In the year 2011, the Malaysian government finally agreed and decided to

ratify the Optional Protocols to the Convention on the Rights of the Child (CRC) PSYC-‐1032-‐F Elaine Yong Fong Le

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(UNICEF, 2011). The Convention on the Rights of the Child is an international treaty that recognizes the human rights of children and it is an initiative of the United Nations Children Fund (UNICEF). One of the optional protocols that Malaysia decided to ratify is the Optional Protocol on the sale of children, child prostitution and child pornography.

The decision to ratify this Optional Protocols signifies that the Malaysian

government is obliged to respect, protect, promote and fulfill the rights of the child. Under this Optional Protocol, Malaysia is given a set of detailed requirements to end the exploitation and abuse of children. This obligation prioritizes the children and has their best interests in mind. International cooperation, awareness and education campaigns are also a major part of the Protocol (UNICEF, 2011). 3. Prosecution and Conviction of Human Trafficking Offenders

Malaysia has continued to prosecute and convict human trafficking

offenders. On May 26, 2012, the Council for Anti-‐Trafficking in Persons (MAPO) reported 486 cases of human trafficking. There were a total of 672 arrests between 2008 and May 24 with 981 victims rescued, received protection and placed in shelters. Of the 981 victims, 264 were men, 636 women and 124 children. Between 2008 and May 24, 2012, 422 human trafficking and migrant smuggling cases had been charged in court. 88 were convicted and 70 cases were solved (MAPO, 2012). Example:

On December 5, 2012, the Malaysian immigration police saved 105 victims PSYC-‐1032-‐F Elaine Yong Fong Le

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of abuse and human trafficking in Bandar Baru Klang Town, Selangor. These victims were physically abused and were only fed twice a day. Agensi Sentosa Sdn Bhd was believed to be involved in the human trafficking syndicate and 12 people connected with the company were arrested (The Mindanao Examiner, 2012). 4. Suspension of License

The Home Ministry suspended the license of 42 outsourcing companies and

placed them on a watch list. Many false documents and employers were discovered in these companies thus leading to suspicions of ongoing illegal activities (U.S. Department of State Trafficking in Persons Report, 2012). 5. Removal of VOA Facility

In August 2012, the visa-‐on-‐arrival (VOA) facility in Malaysia for tourists

from China, India, Bhutan, Nepal, Bangladesh, Myanmar, Taiwan and Comoros was permanently scraped. The VOA was previously open to abuse and aided in the human trafficking and human smuggling syndicate. The removal of the VOA facility helps reduce the number of bogus tourists and strengthens the war against human trafficking (The Star, 2010). 6. Residency Permits

In January 2012, Datuk Seri Panglima Hishammuddin bin Tun Hussein

issued 3-‐year work and residency permits to 32 labor trafficked victims who were in danger if they were to return to their home country (U.S. Department of PSYC-‐1032-‐F Elaine Yong Fong Le

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State Trafficking in Persons Report, 2012). 5 victims from India were also given permission to stay and work in Malaysia (U.S. Department of State Trafficking in Persons Report, 2012). 7. Awareness

The Malaysian government has put in an increased effort to raise

awareness among the public about the dangers of human trafficking. Anti-‐ trafficking public awareness campaigns were held and various resources such as print media, radio and television were used to reach the public (U.S. Department of State Trafficking in Persons Report, 2012). For example, an exhibition and forum on human trafficking and smuggling of migrants was held at the Megamall, Penang on March 31, 2012 (New Straits Times, 2012). Officials have also become increasingly willing to speak about the dangers of labor and sex trafficking Malaysia (U.S. Department of State Trafficking in Persons Report, 2012). International Cooperation Some of the cooperation between governments to fight human trafficking include: 1. Malaysia and the United States

On July 17, 2012, the Malaysian government signed a Memorandum of

Understanding on Assistance in the Field of Transnational Crime with the United States. It enabled both countries to better cooperate in combating human trafficking and protecting citizens of their country. Resources and information are shared between countries and bilateral ties are strengthened (The United PSYC-‐1032-‐F Elaine Yong Fong Le

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States Department of Justice, 2012). 2. Malaysia and Britain

On December 7, 2012, Malaysia Minister for Home Affairs Datuk Seri

Hishammuddin bin Tun Hussein led a team of senior officials to Britain for security talks (The Star Newspaper, 2012). According to The Star, this trip to Britain was in line with a Memorandum of Understanding in the field of transnational crime that was signed on July 14, 2011 which strengthened the security relations between Malaysia and the United Kingdom. This memorandum has been a window of opportunity for both countries to share research skills, information, strategies, methodologies, equipment and intelligence to fight transnational crime such human trafficking. 3. Malaysia and Indonesia

An agency in Sabah has been opened under the cooperation of both the

Indonesian and Malaysian governments. The opening of this agency was to protect Indonesian workers and improve their welfare. The migration of Indonesian workers to Malaysia used to be under the control of middlemen but many problems including human trafficking rose from this. Now, with the establishment of this agency, both governments can supervise and control the movement of Indonesian migrant workers. This also improves the bilateral relations between Indonesia and Malaysia (The Jakarta Post, 2012). The Human Resource Ministry of Malaysia has also made an agreement with Indonesia to prosecute exploitative employers. They also urge the public to report suspected PSYC-‐1032-‐F Elaine Yong Fong Le

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abuses (U.S. Department of State Trafficking in Persons Report, 2012). Non-‐Governmental Organizations Against Human Trafficking

Some of the NGOs involved in fighting human trafficking are Tenaganita

(Women’s Force), Women’s Aid Organization, Change Your World and All Women’s Action Society (AWAM). I will be focusing on two of these non-‐ governmental organizations and some of their work thus far. 1. Tenaganita (Women’s Force)

Tenaganita is a non-‐profit organization that started off with an aim to fight

for the rights of women workers. As years went by, more human rights violations began to surface and the organization has grown to address issues of exploitation, discrimination, unequal treatment and violence. The organization is currently focusing on three major areas namely: Migrant and Refugee Rights Protection; Anti-‐trafficking in Persons; and Business Accountability and Responsibility (Tenaganita, 2012).

Some of the actions that Tenaganita has taken to fight against human

trafficking include the setting up of a hotline for victims and for the reporting of suspicious activities. Some people have taken advantage of this and this has led to the busting of a few human trafficking syndicates. Tenaganita also has an anti-‐ trafficking in persons program titled the “Esther Project”. The Esther Project:

The idea of the Esther Project birthed at a Christian women’s conference in

September 2011. Over 60 churches across 16 countries were represented at the PSYC-‐1032-‐F Elaine Yong Fong Le

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conference and human trafficking facts were presented during this conference (Tenaganita, 2012). During the conference, participants learnt about the closing down of Tenaganita’s shelter for human trafficking victims due to a lack of funds. This information led to a RM 70000 fund from the delegated of this conference towards the Esther Project to assist in the building of a shelter for rescued victims of human trafficking. This shelter will act as a safe house for the victims before returning to their home countries. The project is a non-‐profit project and runs on donations. It needs about RM300000 a year to run (Tenaganita, 2012).

The following is a chart that explains the project and how it is run.

Tenaganita Rescue Mission Flow Chart

Source: http://www.tenaganita.net/programs/anti-‐trafficking-‐in-‐ persons/esther-‐project/ [accessed 11 December 2012, data for the Esther Project.] PSYC-‐1032-‐F Elaine Yong Fong Le

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Clearly, the shelter will and is a great help to victims of human trafficking

and to ensure that they are well protected and given a good rehabilitation. 2. Change Your World Change Your World is a movement that aims to bring awareness to the young generation about human trafficking. The movement believes in engaging music to save lives and partners with a band named “Relent” to organize events and use music and creative arts to engage the young generation and raise awareness. Relent produces songs with powerful lyrics about human trafficking victims and these albums are sold nationwide with entire proceeds going to the cause of fighting human trafficking. Change Your World also partners with many other organizations such as Tenaganita, Suka Society and Agape Restoration Church. It also partners with companies such as Offline Blogshop, Hand Picked and Capen Music (Change Your World, 2012). Change Your World organizes a variety of human trafficking awareness programs and also provides many opportunities for the public to participate and fight human trafficking. The following diagram summarizes some practical ways that the public can partner with Change Your World to combat human trafficking. PSYC-‐1032-‐F Elaine Yong Fong Le

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Source: http://www.changeyourworld.com.my/s-‐a-‐v-‐e-‐d/ [Accessed 11 December 2012, data for Change Your World events.]

S.A.V.E.D. is an acronym for 5 ways that the public can partner with the movement to combat human trafficking (Change Your World, 2012). S – Save One Life: Raise funds to save a life at a time. A – Ambassadorship Program: Raise leaders to save lives. V – Volunteer Your Skills: Raise creativity to save lives. E – Establish a connection with a sponsor: Help sustain and build the movement D – Do a school, campus, office or house gig: Help to host creative awareness programs

Besides the above platforms that allow individuals to help in the cause of

fighting human trafficking, Change Your World also holds campaigns, concerts, talks and interesting activities to raise awareness on human trafficking. One of their many successful events is the “I Am Not For Sale” Campaign that was a partnership between Change Your World and Offline Blogshop. The campaign was held in four shopping malls in Malaysia and featured a human gallery with volunteers modeling as live dolls of human trafficking victims. This was to give a PSYC-‐1032-‐F Elaine Yong Fong Le

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graphic display of the human trafficking issue to create a heightened awareness of the issue to the public (New Straits Time, 2012). Volunteers posing as mannequins in a window display of the Offline Blogshop boutique. Picture by Syarafiq Abd Samad. Source: http://www.nst.com.my/streets/central/shop-‐models-‐against-‐ human-‐trafficking-‐1.174553 [Accessed 11 December 2012, data for Change Your World events.]

Although the Malaysian government has taken some actions to combat

human trafficking, there are future steps that can be taken too. We will now explore

some

of

these

methods.

Future Measures to Combat Human Trafficking 1.

Improved training for enforcement officials Enforcement officials should be trained to handle human trafficking cases

effectively and ensuring that victims are protected. Officers should learn to identify labor trafficking victims and differentiate between human trafficking and human smuggling activities. They should also be taught to recognize PSYC-‐1032-‐F Elaine Yong Fong Le


indicators of trafficking activities and have a good understanding of human trafficking (U.S. Department of State Trafficking in Persons Report, 2012). 2.

Good victim protection

The rehabilitation centers should comply with international standards and

provide good protection for victims. Officials should ensure that victims are not punished for crimes committed while being trafficked. Victims should also be given the freedom to travel and work outside of government facilities even while under protection order. Legal assistance and resources, incentives to participate in investigation against allegations, adequate and trained psychological and medical assistance, and translation services should all be provided to the victims (U.S. Department of State Trafficking in Persons Report, 2012).

Victims should also be aware of the alternatives available for them and

educated about their rights. They should be ensured of their safety when asked to assist in the prosecution of traffickers. The extension of work permits should also be provided to some victims (U.S. Department of State Trafficking in Persons Report, 2012). 3.

Strong borderland control

Borderland security should be strengthened and protection should be

provided to the marginalized groups living in the borderlands to ensure that they are not vulnerable of being trafficked. The government should also have a stronger foothold in the borderlands and ensure that national laws and policies PSYC-‐1032-‐F Elaine Yong Fong Le

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are fully enforced (Munro, 2012). 4.

Law enforcement

The governance and legal framework of the country needs to be

strengthened (MAPO, 2012). Employers who fail to meet legal obligations should be charged. Public officials who may be involved in the trafficking and exploitation of victims should be exposed and punished. All allegations should be investigated with no delay. Recruitment agencies that charge excessively high fees should also face charges . 5.

Enforcement agencies

Information and strategies should be shared among the enforcement

There should be an integrated action among all enforcement agencies.

agencies. Procedures to identify labor victims should be structured and implemented. Agencies should also brainstorm for ideas to reduce the demand for labor and sex trafficking. An efficient information system will also enable the government to fight against human trafficking more effectively (MAPO, 2012). 6.

Strategic partnerships

The government should develop partnerships with even more countries.

The Memorandum of Understanding that has been signed between Malaysia and other countries should be enforced. These memorandums should also be negotiated to include good victim protection (U.S. Department of State Trafficking in Persons Report, 2012). PSYC-‐1032-‐F Elaine Yong Fong Le

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7.

Collaboration with Non-‐Governmental Organizations

The government should partner with more NGOs to aid in various areas

such as victim protection and assistance. Financial assistance should also be given to these NGOs to ensure that these organizations continue fighting human trafficking effectively (U.S. Department of State Trafficking in Persons Report, 2012). 8.

Government-‐civil society collaboration

There should be stronger government-‐civil society collaboration.

Individuals who are made aware of this issue should be taught on ways they can further assist the government to combat human trafficking. Families should educate their children about safety measures to protect themselves from being trafficked or abducted. State-‐level anti-‐trafficking councils just like that in Selangor, should also be set up to enable an even more effective combat against human trafficking (U.S. Department of State Trafficking in Persons Report, 2012). 9.

Awareness raising There should be increased efforts to raise awareness about the

dangers of labor and sex trafficking. Schools and institutions should conduct activities to allow individuals to be informed about this issue (MAPO, 2012). PSYC-‐1032-‐F Elaine Yong Fong Le

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Conclusion Human trafficking is indeed an illegal industry that needs to be stopped. It is occurring globally and people need to rise up to fight against it. There are no solutions to permanently erase human trafficking but many actions can be taken to hinder its growth. Many victims who have escaped this trade have received rehabilitation and joined the fight against it. An example of such an individual is Ima Matul. Ima Matul was from Indonesia and at 17, received an offer to work as a nanny in the United States. She accepted the offer but ended up working 18 hours for seven days a week. She also received beating from her employer and some beatings were so severe to the extent that she had to be hospitalized. However after escaping from this bondage, Ima Matul found a job and is now an advocate against human trafficking (Obama at the Clinton Global Initiative, 2012).

Human trafficking indeed can be combatted with the right skills and

measures. This paper highlights the many measures to combat human trafficking as well as the laws that have been enacted to fight against it. With the international cooperation between countries, the sharing of resources and skills will enable countries to fight human trafficking even more effectively. The public should not be fearful of this illegal industry but instead, the traffickers should be afraid for committing such crime. The act of fighting against human trafficking is not only the role of the governments but also the responsibility of the public. PSYC-‐1032-‐F Elaine Yong Fong Le

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As Edmund Burke once said, “Evil triumphs when good men do nothing.” If each individual were to play their respective roles to fight against human trafficking, human trafficking can be stopped. Simple steps such as being more alert or lodging reports when observing a suspicious activity are ways that one can help to combat human trafficking. As Albert Einstein also once said, “The world is not dangerous because of those who do harm but because of those who look at it without doing anything.”

Let’s join the fight against human trafficking to make this world a better

place. That change starts with us. We can indeed do something about it. “You can change the world, if you care enough.” -‐Marian W Edelman PSYC-‐1032-‐F Elaine Yong Fong Le

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HUMAN TRAFFICKING IN MALAYSIA AND SURROUNDING AREAS References

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HUMAN TRAFFICKING IN MALAYSIA AND SURROUNDING AREAS

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