SEVERAL RECOMMENDATIONS FOR MALAYSIA TO IMPROVE HUMAN TRAFFICKING ACTIONS

KUALA LUMPUR, June 15 (Bernama) -- The U.S. Department of State, which has
upgraded Malaysia from Tier 3 to Tier 2 Watch List in Trafficking in Persons
Report (TIP) 2010, is urging Malaysia to build on initial law enforcement
actions under the Trafficking in Persons Act, particularly relating to labour
trafficking.

It recommends that Malaysia apply stringent criminal penalties on those
involved in fraudulent labour recruitment or exploitation of forced labour.

Releasing the Trafficking in Persons Report 2010 posted on its website on
Monday, it also calls on Malaysia to increase efforts to prosecute and convict
public officials who profit from or are involved in trafficking or who exploit
victims.

The report also recommends that Malaysia develop and implement procedures to
identify labour trafficking victims among vulnerable groups, such as migrant
workers and refer them to available protection services.

The report calls on Malaysia to ensure that victims of trafficking are not
threatened or otherwise punished for crimes committed as a result of being
trafficked.

It proposes that Malaysia re-negotiate MoUs with source countries to
incorporate victim protection and revoke passport or travel document
confiscation.

It suggests that Malaysia increase cooperation with non-governmental
organisations (NGOs) to improve victim protection efforts, including in
shelters, for trafficking victims.

It also suggests that Malaysia continue to expand the training of
officials on effective handling of sex and labour trafficking cases, with
particular emphasis on victim protection, and continue and expand a
comprehensive and visible anti-trafficking awareness campaign to encompass both
labour and sex trafficking.

The TIP Report ranks countries based on their level of compliance on
established minimum standards for the elimination of human trafficking.

Tier 1 countries are for governments that fully comply with minimum
standards of the Trafficking Victims' Protection Act (TVPA).

Tier 2 countries are for governments that do not fully comply with the
minimum standards but are making significant efforts to comply.

The Tier 2 Watch List is for governments that do not fully comply with the
TVPA’s minimum standards, but are making significant efforts to bring themselves
into compliance with those standards, and:

a) the absolute number of victims of severe forms of trafficking is very
significant or is significantly increasing;

b) there is a failure to provide evidence of increasing efforts to combat
severe forms of trafficking in persons from the previous year; or,

c) the determination that a country is making significant efforts to bring
themselves into compliance with minimum standards is based on commitments by
the country to take additional future steps over the next year

Tier 3 countries are for governments that do not fully comply with
the minimum standards and are not making significant efforts to do so.

The report says the Malaysian government does not fully comply with the
minimum standards for the elimination of trafficking, but is making significant
efforts to do so.

"Because the assessment that the government has made significant efforts is
based in part on its commitment to undertake actions over the coming year –
notably greater implementation of Malaysia’s anti-trafficking law against labour
trafficking – Malaysia is placed on the Tier 2 Watch List," it says.

The report says the Malaysian government has shown greater commitment to
address human trafficking that is expected to lead to increasing investigations
and prosecutions of labour trafficking offences and identification of labour
trafficking victims, increasing efforts to prosecute trafficking-related
corruption by government officials and greater collaboration with NGOs and
international organisations to improve victim services in government shelters.

During the reporting period, senior government officials, including
the prime minister, publicly acknowledged Malaysia’s human trafficking problem.

The report says the government has also increased its investigations into
trafficking cases and filed an increased number of criminal charges against
traffickers, significantly expanded training of officials on the 2007
anti-trafficking law, conducted a public awareness campaign on human
trafficking, opened three more shelters for trafficking victims, and launched a
five-year national action plan on human trafficking.

"Nevertheless, these early efforts will require continued attention, as
there are many serious concerns remaining regarding trafficking in Malaysia,
including the detention of trafficking victims in government facilities," it
says.


The report says the Malaysian government made some progress in law
enforcement efforts against sex trafficking during the reporting period, and
limited progress in prosecuting and convicting offenders of labour trafficking.

Malaysian law prohibits all forms of human trafficking through its 2007
anti-trafficking law, which prescribes penalties that commensurate with
those for other serious offences, such as rape.

During the reporting period, the government convicted three sex trafficking
offenders and reported initiating 180 trafficking-related investigations and
filing 123 charges against 69 individuals, though it is unclear how many of
these cases were for actual trafficking, it says.

The report says the government made minimal progress in protecting
victims of trafficking during the reporting period.

"Efforts to identify and protect both sex and labour trafficking victims
remained inadequate overall. The government did not report the identification of
any Malaysian victims of trafficking," it says.

The report notes that the Ministry of Women, Family and Community
Development continued to run two "shelters" for women and children and opened a
third in July 2009, which detained suspected and confirmed foreign sex
trafficking victims involuntarily for 90 days until they were deported to
their home countries, per Malaysian law.

During the reporting period, the government also opened its first two
shelters designed to house male victims of trafficking, although these shelters
also detained victims involuntarily until they were deported, it says.


According to the report, during the reporting period, 139 women and children
were certified as victims and detained in the shelters.

An additional 232 individuals were given initial protective orders but were
ultimately determined by the government to not be victims of trafficking and
were deported, though the officials acknowledged that some of these might have
been trafficking victims who were reluctant to cooperate with law enforcement
proceedings, it says.

The report also notes during the year, the government reportedly made some
improvement in its screening to identify individuals possessing UNHCR cards or
possessing traits of trafficking victims in order to separate them from the
illegal migrants.

The report says the anti-trafficking law provides immunity to trafficking
victims for immigration offences such as illegal entry, unlawful presence and
possession of false travel documents, but victims continue to be detained and
deported as they would be if they were arrested for illegal immigration.

-- BERNAMA