Putrajaya urged to increase country’s law enforcement capacity to probe, prosecute human trafficking cases

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Suhakam said the relevant government agencies need to increase their level of seriousness to manage forced labour issues especially those alleged in the plantation and rubber manufacturing sectors.— Bernama file photo

KUCHING (July 5): Putrajaya has been urged to increase the country’s law enforcement capacity to investigate and prosecute human trafficking cases in line with global standards.

In making this call today, the Human Rights Commission of Malaysia (Suhakam) said this should include improving inter-agency coordination to ensure successful efforts to prosecute traffickers.

“The relevant government agencies need to increase their level of seriousness to manage forced labour issues especially those alleged in the plantation and rubber manufacturing sectors.

“Corrupt officials involved in this dark economy must be made criminally accountable as they are conduits that have permitted this corruption fuelled system to thrive,” it said.

The statement was issued in light of the US Department of State’s 2021 Trafficking in Persons (TIP) Report whereby Malaysia has been downgraded to Tier 3 for failing to fully meet the minimum standards for the elimination of trafficking in persons and not making significant efforts to ensure compliance, even considering the impact of the Covid-19 pandemic on its anti-trafficking capacity.

Suhakam said it supports the government’s proposal to amend the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 to provide, amongst others, stricter punishment as part of efforts to curb human trafficking activities by syndicates in Malaysia.

It added that a definition of forced labour should also be included as part of the amendment.

It further urged government to amend the current labour laws, to ensure the rights of workers are adequately safeguarded.

“Suhakam takes note that the Malaysian Border Security Agency (Aksem) is now placed under the Royal Malaysia Police (PDRM) to ensure strengthened border security management.

“It is hoped that this restructuring plan would facilitate the government’s initiatives to ensure effective measures are in place especially, to deal with issues faced by porous borders and related issues of corruption,” it pointed out.

Suhakam thus reiterated its call to the government to intensify its efforts to prevent as well as to take the lead to combat human trafficking and smuggling of migrants, and to ensure full protection and assistance for trafficked and smuggled victims at all stages, in line with international standards set by the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, being a protocol to the United Nations Convention against Transnational Organised Crime.

It also called on the government to release the report and findings of the Royal Commission of Inquiry’s investigation of the human trafficking camps and graves in Wang Kelian.

According to Suhakam, the TIP Report highlighted that the government continues to conflate human trafficking and migrant smuggling crimes and did not adequately address the allegations of human trafficking.

In view of the gravity of the Tier 3 status, Suhakam urged the government to establish a Royal Commission of Inquiry pursuant to the TIP Report and focus its attention on implementation of the recommendations.

“Despite the lack of significant compliance, Suhakam acknowledges that the government has taken some initiative to address trafficking in persons such as identifying and providing protection services to victims of trafficking and adopting victim identification standard operating procedures. However, more effective measures are required,” it said.