SAITO UNIVERSITY COLLEGE

B.A. DEGREE IN LAW ENFORCEMENT (INVESTIGATIONS)

(HONS)

PAPER ANSWER FOR SEMINAR 40%

SUBJECT : FORENSIC PSYCHOLOGY

CODE : LEA 2024

NAME : MOHAMMAD HUNTER EL ARASH JEANAWIE BIN

UNTAM

CLASS : A8

MATRIX NUMBER : 20190333-01-11466

LECTURER : MS. PRIYADARSHINI

1
 CONTENT PAGE

INTRODUCTION 3-4

REPORT WRITING ANALYSIS 5-8

EXAMPLE CASE STUDY 9

CONCLUTION 10-13

RECOMMENDATION 14

REFERENCES 15

TABLE OF CONTENT

2
INTRODUCTION
All human beings are born free and equal, and are entitled to human rights, regardless of race,
sex, nationality, ethnicity, language, religion or any other status. The Universal Declaration
of Human Rights is an important milestone in the history of human rights, wherein the
fundamental human rights to be universally protected are set out.
Violations of human rights come in various forms of denying a human being from one or
more of the human rights he or she is entitled to. Some violations may be considered acts
atypical to crimes against humanity. Two examples of such human rights violations are
trafficking in persons and smuggling of migrants. While these two forms of human rights
violations are, sometimes, intertwined, they are, in fact, distinct crimes.
Although it is almost impossible to accurately ascertain the number of victims of these two
crimes, it is estimated that globally, millions of men, women and children fall victim to the
crimes of trafficking in persons and smuggling of migrants. Traffickers and smugglers are
known to employ violent, manipulative and deceptive methods and tactics to lure vulnerable
targets into situations of exploitation. These crimes are serious offences that have
tremendously affected the lives and safety of millions of families across the globe.
Human trafficking is generally understood to refer to the process through which individuals
are placed or maintained in an exploitative situation for economic gain. Trafficking can occur
within a country or may involve movement across borders. Women, men and children are
trafficked for a range of purposes, including forced and exploitative labour in factories, farms
and private households, sexual exploitation, and forced marriage. Trafficking affects all
regions and most countries of the world. While it is difficult to secure reliable information
about patterns and numbers, our understanding about why trafficking happens has improved.
Inequalities within and between countries, increasingly restrictive immigration policies and
growing demand for cheap, disempowered labour are just some of the underlying causes that
have been identified. The many factors that increase individual vulnerability to trafficking
include poverty, violence and discrimination.
DEFINATON HUMAN TRAFFICKING AND PROSTITUTION
Human trafficking and Prostitution , also known as trafficking in persons, is a crime that
involves compelling or coercing a person to provide labor or services, or to engage in
commercial sex acts. The coercion can be subtle or overt, physical or psychological.
Exploitation of a minor for commercial sex is human trafficking, regardless of whether any
form of force, fraud, or coercion was used.

3
VICTIM-SURVIVORS
There is no single profile of a trafficking victim. Victims of human trafficking can be anyone
regardless of race, color, national origin, disability, religion, age, gender, sexual orientation,
gender identity, socioeconomic status, education level, or citizenship status. But as is the
case in many crimes of exploitation and abuse, human traffickers often prey upon members
of marginalized communities and other vulnerable individuals, including children in the child
welfare system or children in the child welfare system or children who have been involved in
the juvenile justice system; runaway and homeless youth; unaccompanied children; persons
who do not have lawful immigration status in the United States; Black people and other
people of color; American Indians, Alaska Natives, Native Hawaiians, Pacific Islanders, and
other indigenous peoples of North America; Lesbian, Gay, Bisexual, Transgender, Queer, and
Intersex (LGBTQI+) individuals; migrant laborers; persons with disabilities; and individuals
with substance use disorder.
VULNERABILITIES
Although there is no defining characteristic that all human trafficking victims share,
traffickers around the world frequently prey on individuals whose vulnerabilities, including
poverty, limited English proficiency, or lack of lawful immigration status, are exacerbated by
lack of stable, safe housing, and limited economic and educational opportunities. Trafficking
victims are deceived by false promises of love, a good job, or a stable life and are lured or
forced into situations where they are made to work under deplorable conditions with little or
no pay. In the United States, trafficking victims can be American or foreign citizens.
LOCATIONS
Victims can be found in legal and illegal labor industries, including child care, elder care, the
drug trade, massage parlors, nail and hair salons, restaurants, hotels, factories, and farms. In
some cases, victims are hidden behind doors in domestic servitude in a home. Others are in
plain view, interact with people on a daily basis, and are forced to work under extreme
circumstances in exotic dance clubs, factories, or restaurants. Victims can be exploited for
commercial sex in numerous contexts, including on the street, in illicit massage parlors,
cantinas, brothels, or through escort services and online advertising.

4
REPORT WRITING ANALYSIS
Trafficked persons have an important role to play and a legitimate interest in legal
proceedings against their exploiters. A human rights approach to trafficking requires that all
efforts should be made to ensure victims are able to participate in legal proceedings freely,
safely and on the basis of full information. Victim involvement in legal proceedings can take
different forms. Individuals who have been trafficked may provide evidence against their
exploiters, either through written statements or in person, as part of a trial. They may also be
called upon to provide a victim statement about the impact of the offence that could become
part of a sentencing hearing. In civil proceedings against their exploiters, trafficked persons
may be applicants and/or witnesses. Even a trafficked person who is unwilling or unable to
testify still has a legitimate interest in the legal proceedings. Victims of trafficking who are
involved or potentially involved in legal proceedings have special needs and vulnerabilities
that must be addressed. Obligations that flow from this are in addition to the protection,
assistance and support obligations mandated for all trafficked persons and discussed above.
For example:
• Trafficked persons should be provided with legal and other assistance in relation to any
court or administrative proceedings in a language they understand. This should include
keeping victims informed of the scope, timing and progress of proceedings and of the
outcome of their cases.
• Trafficked persons have a right to be present and express their views during any legal
proceedings.

Trafficked persons as victims of crime and as witnesses

The responsiveness of judicial and administrative processes to the needs of victims should be
facilitated by:
(a) Informing victims of their role and the scope, timing and progress of the proceedings and
of the disposition of their cases, especially where serious crimes are involved and where they
have requested such information;
(b) Allowing the views and concerns of victims to be presented and considered at appropriate
stages of the proceedings where their personal interests are affected, without prejudice to the
accused and consistent with the relevant national criminal justice system.
(c) Providing proper assistance to victims throughout the legal process
(d) Taking measures to minimize inconvenience to victims, protect their privacy, when
necessary, and ensure their safety, as well as that of their families and witnesses on their
behalf, from intimidation and retaliation
(e) Avoiding unnecessary delay in the disposition of cases and the execution of orders or
decrees granting awards to victims. Source: Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power, para. 6

5
Temporary residence permits and reflection periods
Victims of trafficking who are unlawfully in a country face special dangers and
vulnerabilities as a result of their legal status. For example, they may be unable to access
important sources of subsistence and support such as housing and work opportunities. They
may be vulnerable to further exploitation as well as intimidation and retaliation. They risk
being prevented from participating effectively and meaningfully in legal proceedings against
their traffickers. Without regularization of their status, victims also risk being detained in
immigration facilities or shelters. In addition, they are liable to deportation at any time. In
practice it has been observed that victims of trafficking may have their situation regularized
for a number of reasons and in a number of ways, for instance through trafficked persons as
victims of crime and as witnessesThe responsiveness of judicial and administrative processes
to the needs of victims should be facilitated by:
(a) Informing victims of their role and the scope, timing and progress of the proceedings and
of the disposition of their cases, especially where serious crimes are involved and where they
have requested such information;
(b) Allowing the views and concerns of victims to be presented and considered at appropriate
stages of the proceedings where their personal interests are affected, without prejudice to the
accused and consistent with the relevant national criminal justice system;
(c) Providing proper assistance to victims throughout the legal process;
(d) Taking measures to minimize inconvenience to victims, protect their privacy, when
necessary, and ensure their safety, as well as that of their families and witnesses on their
behalf, from intimidation and retaliation.
(e) Avoiding unnecessary delay in the disposition of cases and the execution of orders or
decrees granting awards to victims.Source: Declaration of Basic Principles of Justice for
Victims of Crime and Abuseof Power, para. 6.
• Granting of a reflection and recovery period during which non-conditional support is given
with the aim of providing victims with time and space to decide on their options, including
whether they will cooperate with criminal justice agencies in the prosecution of their
exploiters;
• Granting of a temporary residence permit linked to (usually criminal) proceedings against
traffickers; such visas usually require victim cooperation and terminate once legal
proceedings are completed; and
• Granting of a temporary residence permit on social or humanitarian grounds that may be
related to, for example, respect for the principle of non-refoulement (discussed further
below), inability to guarantee a secure return and risk of retrafficking.
The following important principles and obligations, found in a range of international and
regional instruments, are relevant to any consideration of whether a victim of trafficking
should be granted a right to temporary residence:
• The right of victims to participate in legal proceedings against their traffickers and to
remain in the country during the proceedings;

6
• The right of victims to receive protection from further harm;
• The right of victims to access effective remedies;
• The obligation on States not to return victims when they are at serious risk of harm,
including from intimidation, retaliation and retrafficking
• The special rights of child victims of trafficking, including the obligation to take full
account of the child’s best interests.
Non-criminalization of trafficked persons
In countries of transit or destination, trafficked persons are often arrested, detained, charged
and even prosecuted for unlawful activities such as entering illegally, working illegally or
engaging in prostitution. For example, they may not have the correct migration or work
papers; their identity documents may be forged or have been taken away from them; and the
exploitative activities demanded of a trafficked person, such as prostitution, soliciting or
begging, may be illegal in the country of destination.
Criminalization of trafficked persons is commonplace, even where it would appear obvious
that the victim was an unwilling participant in the illegal act. Such criminalization is often
tied to a related failure to identify the victim correctly. In other words, trafficked persons are
detained and subsequently charged, not as victims of trafficking, but as smuggled or irregular
migrants or undocumented migrant workers. Countries of origin sometimes directly
criminalize victims upon their return, penalizing them for unlawful or unauthorized
departure.
Criminalization and detention of victims of trafficking are important issues because they are
often tied to a concurrent or subsequent failure on the part of the State to afford victims the
rights to which they are legally entitled under national and international law. For example,
criminalization will generally result in the deportation of foreign victims thereby denying
them their right to participate in legal proceedings or to access an effective remedy. There is
growing international agreement that, in the words of the Recommended Principles and
Guidelines, “trafficked persons [should not be] prosecuted for violations of immigration laws
or for the activities they are involved in as a direct consequence of their situation as trafficked
persons” (guideline 2). For example, the European Trafficking Convention requires State
parties, in accordance with the basic principles of their legal systems, to “provide for the
possibility of not imposing penalties on victims for their involvement in unlawful activities,
to the extent that they have been compelled to do so” (art. 26). While the Trafficking Protocol
does not specifically address prosecution for status-related offences, the body established to
provide recommendations on its effective implementation has affirmed that “States parties
should … consider, in line with their domestic legislation, not punishing or prosecuting
trafficked persons for unlawful acts committed by them as a direct consequence of their
situation as trafficked persons or where they were compelled to commit such unlawful acts.”3
Human rights treaty bodies as well as both the General Assembly and the Human Rights
Council have confirmed the importance of the non-criminalization principle.

7
Sex Trafficking
Sex trafficking occurs where men, women and/or children are forced, by way of intimidation
or violence, to engage in forced sexual acts for profit. Victims are often treated as sexual
entertainment objects, and are forced to work in dreadful situations where sex traffickers gain
continuous financial profits from such exploitation. Although men have been victimized,
women and girls are more often targets due to high demands of sexual favours or services
from the customers of sex traffickers.
Sex traffickers are known to keep victims in control by making false promises of the victim’s
release upon repayment of his or her debt due and owing to the traffickers. Upon reliance of
such false promises, some victims may voluntarily agree to engage in sexual acts or services
in order to expedite their “release”. In such cases, it is important to recognize that, although
voluntary, such sexual services are obtained from the victims by the traffickers through the
means of deception and thus does not constitute full and unequivocal consent. They are still
victims of trafficking in persons.
In 2017, a surviving victim in Mexico shared her story of trafficking in persons and sex
trafficking. She was only 12 years of age when she was targeted and lured away by a
trafficker. The victim estimates that she was raped 43,200 times during her time as a victim
of trafficking in persons, saying that she was sexually forced upon by “up to 30 men a day,
seven days a week, for the best of four years”.

Trafficking for the Purpose of Removal of Organs

Trafficking for organs is not as commonly reported as compared to the forms of forced labour
and sex trafficking due to its lack of discussion and advocacy. Given the high demand for
organ transplants but low supply of organs, organ trafficking is a lucrative crime. Although
there are legal means to obtain organs, there is certainly a lack of supply to meet the high
demand for organs. This creates opportunities for traffickers to traffick for the purpose of
removing a person’s organs, which are then sold for a high profit.The commission of this
form of trafficking in persons has a special and distinct characteristic, which is the
involvement of doctors and other healthcare professionals and service providers, such as
medical staff, nurses and ambulance drivers. A common occurrence is where victims are
forced or deceived into the removal of their organs, and thereafter, forced or intimidated into
an agreement to sell their organs but are then either paid less than what was agreed or not
paid at all.In February 2019, Malaysia was rocked by the death of an 11-year old Cambodian
girl. The victim had been missing for approximately two weeks, and her body was found with
her hands tied behind her back. She was decapitated and some of her organs had been
removed. The police denied any elements of illegal organ harvesting.

8
EXAMPLE CASE STUDY : SHAN WOMEN TRAFFICKED FOR SEX WORK
I was born to a poor family in the northern Shan State of Myanmar. My parents owned a
small farm, where they grew beans and corn. I was the third child out of more than five
siblings. I never had the opportunity to go to school and could not secure any employment in
Myanmar. Life was difficult and my family lived in perpetual poverty. When I was a young
adult, my mother asked me if I would go to Thailand to work, and I agreed to do so. She went
around asking about work opportunities in Thailand. One day, a woman approached my
mother to offer me a job in Thailand. After discussing the matter as a family, we all felt that it
would be a good decision for me to take the job. We were informed that my travel expenses
would even be covered. I was taken on a long journey supposedly to Thailand. Because of the
seven-day journey, I felt a little suspicious. During the journey, I was not provided proper
food and drink. When I arrived at a hotel I was finally given some food. I soon realised that I
was not actually in Thailand, but in Malaysia.
I was brought to my new home, where I was kept in a room with the door locked. The next
morning, I was taken to a spa to work for a Shan woman who was married to a Malaysian. I
learnt that my boss’s sister helped her to recruit young women from the Shan area to work in
Malaysia and I saw nine other Shan women working there. I was assigned a Thai name and
was told by my boss that I would be serving customers and performing sex work. I objected
and requested to be sent back to Myanmar; my boss informed me that they would only do so
once I paid them RM 8,000. I lived with the other nine young women in the same building as
our boss. Although we were not locked up, we felt that our boss was constantly monitoring
us. I was allowed to contact my family in Myanmar when I brought in more business.
However, my boss and her husband were always hanging around and eavesdropping when I
was on the phone. When I did not manage to attract customers, my employer would verbally
abuse me. Even though I was promised RM 60 out of the RM 138 each customer paid, I
never received any money for a month-and-a-half’s work, as my boss claimed that my pay
was deducted for rent, bills, and groceries. I was only given days off when I had my period
and was not given nutritious meals. I was not even granted time off when I was sick, and was
never taken for medical check-ups. One of the young women who worked with me had a
cousin who lived in Malaysia. She discussed with the rest of us about our wish to escape and
she contacted her male cousin to ask for help. Her cousin contacted a community
organisation to initiate an escape plan. One day, he rang to inform us that the police would be
coming to raid our workplace and asked us not to be afraid of the police who were there to
help. When the police arrived, they raided the workplace and accommodation. The police
could not make any arrests as the boss and her husband had left the vicinity, but they
managed to rescue all of us young women who had been trafficked. The police brought us to
the ATIP shelter and then referred us to UNHCR. We were consequently referred to WAO
for temporary shelter and emotional support. All ten of us women were granted refugee status
by UNHCR. At WAO, I received counselling and gradually learnt to view myself as a person
of dignity and develop healthy coping mechanisms. I felt empowered to look for employment
in Malaysia and left WAO to stay at a community shelter.

9
CONCLUTIONS

1) Laws ought to be made greater strict in order that traffickers do now no longer escape
easily.

Trafficking as a violation of human rights As noted above, many of the practices

associated with modern-day trafficking are clearly prohibited under international
human rights law. For instance, human rights law forbids debt bondage: the pledging
of personal services as security for a debt where the value of those services is not
applied towards the liquidation of the debt or their length or nature is not limited and
defined. Many trafficked persons who enter into a debt with their exploiters relating
to, for example, placement or transport fees find themselves in a situation of debt
bondage; the debt is used as a means of controlling and exploiting them. Human
rights law also prohibits forced labour, defined by Convention No. 29 concerning
Forced or Compulsory Labour of the International Labour Organization (ILO) as: “all
work or service which is exacted from any person under the menace of any penalty
and for which the said person has not offered himself [herself] voluntarily”. Slavery,
servitude, child sexual exploitation, forced marriage, servile forms of marriage, child
marriage, enforced prostitution and the exploitation of prostitution are also
trafficking-related practices that are prohibited under international human rights law

2) Increased participation from social companies has to be solicited with greater powers
to them for managing cases.

United Nations human rights treaty bodies For each of the major international human
rights treaties, a committee of independent experts has been established to monitor the
implementation of its 55 provisions by its State parties. As part of their obligations
under most of these treaties, State parties are required to submit regular reports to the
respective committees on the situation with regard to protected rights and the steps
that they have taken to fulfil their treaty obligations. The committees examine these
reports and a dialogue is initiated with the reporting State. In addition to providing
guidance to that State, the “concluding observations” of a treaty body on the
performance of a State party can provide useful information to other countries on
what is expected of them in relation to a particular right or standard set out in the
treaty. Most treaty bodies also issue general comments interpreting the treaty
provisions.

10
 3)Volunteer and aid anti-trafficking efforts in your community. Meet with and/or
write to your local, state, and federal elected officers to allow them to understand you
care approximately preventing human trafficking and ask what they're doing to deal
with it. Be well-informed. For example :

Distrupt Human Traffiking is our mission is to identify and expose human trafficking
rings domestically and internationally while working with law enforcement agencies
to hunt down, disrupt, and dismantle the practice of human trafficking.There are more
humans being sold today in the world than at any other point in human history. It is
estimated that every 30 seconds another child becomes a victim of human trafficking
across the globe.We are committed to identifying these victims of human trafficking,
performing interdiction operations in conjunction with law enforcement and safely
recovering these victims.We then ensure these trafficking survivors are placed with
vetted after care specialists that will allow them to have all the opportunities needed
so their healing process can begin.

1) Federal Constitution
Article 6 of the Federal Constitution states that no person may be held in slavery and
that all forms of forced labour are prohibited. It illustrates that forced labour defined
here does not include compulsory service for national purposes or work related to a
conviction by a court of law.

2) Anti-Trafficking in Persons Act 2007

The Anti-Trafficking in Persons (ATIP) Act was passed in 2007 and came into force
in 2008. It was amended in 2010 and 2015, and has been renamed as the Anti-
Trafficking in Persons and AntiSmuggling of Migrants Act in 2010. The definition of
trafficking in persons in Section 2 of this Act is in accordance with the UN
Trafficking Protocol and criminalises all aspects of trafficking. This Act covers
trafficking cases both within and outside of Malaysia, and is applicable to offenders of
any nationality. Its scope also extends to offences committed outside Malaysia by
Malaysian citizens and permanent residents. Under ATIP, any person convicted of
trafficking an adult for the purpose of exploitation may be punished with
imprisonment of not more than 15 years and a fine; a person found guilty of
trafficking a person by means of threat, force, abduction, fraud, deception, abuse of
power, abuse of the position of vulnerability of a person, or payments/benefits to
obtain the consent of a person having control over a trafficked person may be
imprisoned for a term of three to 20 years and also subject to a fine. Those who are
convicted of trafficking children for the purpose of exploitation face three to 20 years
imprisonment and a fine. The Act states that the consent of the trafficked person is
irrelevant in the prosecution for these aforementioned offences. A person who is
found guilty for profiting from the exploitation of a trafficked person would be
punished with a maximum of 15 years imprisonment, a fine of between RM 500,000
and RM 1,000,000, and be liable to forfeit the profits from the offence. Any person
found to have been involved in any process of trafficking in persons, such as
recruiting, bringing in transit, providing facilities or services in support of trafficking,

11
 harbouring, dealing in fraudulent travel or identity documents in facilitating
trafficking, or being the owner/operator/master of any conveyance would face
imprisonment and are liable for a fine. Even a person who is convicted of intentional
omission to give any information regarding the offence faces severe penalty.

3) Penal Code Sections 359 to 374 of the Malaysian Penal Code deal with the criminal
activities of kidnapping, abduction, slavery and forced labour. Persons found guilty of
kidnapping any person from Malaysia or from lawful guardianship may be punished
with imprisonment for up to seven years and may also be liable for a fine. Kidnapping
of a woman for forced marriage, unlawful intercourse, or prostitution is punishable
with imprisonment for up to ten years and a possible fine. Likewise, kidnapping or
abduction of a person for grievous hurt, slavery, or homosexual acts may carry a
punishment of imprisonment for up to ten years.

4) The Penal Code also prohibits the buying, selling, or disposing of a person as a slave,
which is a crime punishable with imprisonment of up to seven years and a probable
fine. Furthermore, a person found to be habitual in dealing in slaves could be
sentenced with imprisonment of up to 20 years and a fine. The exploitation of a
person for sex work is criminalised, whether the offender is found to be selling,
receiving, harbouring, restraining, advertising, or acting as an intermediary for the
victim. This could result in imprisonment of up to 15 years, whipping, and a fine.
Similarly, persons found to be living on or trading in prostitution or managing a
brothel may be subject to a comparable degree of punishment. Soliciting prostitution
or unlawfully compelling a person to labour could lead to a maximum of one year’s
imprisonment and/or a fine.

5) Immigration Act 1959/63

Under Section 8 of the Immigration Act, foreign sex workers, persons living on or
receiving the proceeds of prostitution, and those who procure or attempt to bring girls
or women into Malaysia for the purpose of sex work are considered to be prohibited
immigrants and could be expelled from the country.

6) Passports Act 1966

The Passports Act states that any person who withholds the passport or internal travel
document of another person without lawful authority may be sentenced to pay a fine
of not more than RM 10,000 and/or imprisonment of a maximum of five years.
Employment Act 1955 The Employment Act grants minimum benefits and conditions
to employees, including foreign workers, whose wages are less than RM 2,000, and
all manual labourers regardless of their wages. The Act provides for protections
around payment of wages; maternity leave; restriction of working hours; provision of
weekly rest day, sick leave, public holidays, and annual leave days; compensation for
overtime work; complaint procedure; and termination and lay-off benefits.

12
While independent monitoring is an important aspect of ensuring that laws, policies and
practices protect and do not infringe established rights, those governmental agencies most
directly involved in the trafficking response including legislators, law enforcement,
prosecutorial and judicial bodies and victim support agencies should also monitor their own
actions and performance from a human rights perspective. In addition, as noted in the
Recommended Principles and Guidelines, non-governmental organizations working with
trafficked persons should be encouraged to participate in monitoring and evaluating the
human rights impact of anti-trafficking measures. Such monitoring should not be limited to
the actions of the State, but could usefully be extended to encompass the activities of non-
governmental agencies themselves, in particular service providers and others involved
directly with victims.Immigration Act 1959/63 Under Section 8 of the Immigration Act,
foreign sex workers, persons living on or receiving the proceeds of prostitution, and those
who procure or attempt to bring girls or women into Malaysia for the purpose of sex work are
considered to be prohibited immigrants and could be expelled from the country. Passports
Act 1966 The Passports Act states that any person who withholds the passport or internal
travel document of another person without lawful authority may be sentenced to pay a fine of
not more than RM 10,000 and/or imprisonment of a maximum of five years. Employment
Act 1955 The Employment Act grants minimum benefits and conditions to employees,
including foreign workers, whose wages are less than RM 2,000, and all manual labourers
regardless of their wages. The Act provides for protections around payment of wages;
maternity leave; restriction of working hours; provision of weekly rest day, sick leave, public
holidays, and annual leave days; compensation for overtime work; complaint procedure; and
termination and lay-off benefits.

RECOMMENDATIONS TO THE GOVERNMENT

1. Ratify the International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families; the ILO Domestic Workers Convention, 2011 (No. 189); the
UN Convention and Protocol Relating to the Status of Refugees; and the UN Convention
Relating to the Status of Stateless Persons and enact enabling legislation to give these
conventions the force of domestic law.

13
2. Ensure enforcement of laws and regulations related to domestic workers, particularly the
2015 amendments to the ATIP, and the 2016 regulations.
3. Amend Employment Act 1955 in order to expand scope of protection to include migrant
workers, or enact separate legislation to ensure migrant worker’ labour rights.
4. Fulfil international obligations to ensure that no child is stateless, as statelessness
increases vulnerability to human trafficking.
5. Incorporate international obligations from all treaties Malaysia is party to, and also
obligations under customary international law, into Malaysian domestic law as soon as
possible, followed by full enforcement of the law on a local level.
6. Increase efforts to investigate, arrest, prosecute, convict, and punish traffickers, including
complicit officials.
7. Conduct trainings of law enforcement and judicial officers to better respond to trafficking
cases, including identifying trafficking survivors and having a survivor-centred framework.
8. Enforce the law that prohibits employers/agents from withholding passports.
9. Organise nationwide campaigns to educate the public about the issue of human trafficking,
forced labour, and the penalties associated with these crimes.
10. Prioritise national agenda of poverty alleviation and income inequality, with a focused
attention to the situation of women and children.
11. Engage in impact assessments to identify how national agendas (e.g. the TPP Agreement)
would affect foreign workers and other vulnerable groups.
12. Increase survivor identification efforts by implementing procedures to identify trafficking
survivors among vulnerable groups.
13. Allocate adequate funding to NGOs to provide shelter and other critical support services
to survivors of trafficking

REFERENCES
 Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act, of 2007, 670
(2010).
 Council for Anti-Trafficking in Persons. (2010). National Action Plan against
Trafficking in Persons (2010-2015).

14
 Cresswell, J. W. (2007). Qualitative inquiry & research design: Choosing among five
approaches (2nd ed.). Thousand Oaks:
 Sage Publications.Denzin, N. K. and Lincoln, Y. S. (2005). The Sage Handbook of
Qualitative Research (3rd ed.). Thousand Oaks: Sage
 Publications Department of Information. (2011). Human trafficking and smuggling of
migrants. Kuala Lumpur: Department of Information.
 Haynes, D.F. (2008). Human trafficking and migration. In A. Bullard (Ed.), Human
rights in crisis (pp.111-128),Hampshire: Ashgate Publishing Limited
 International Organisation for Migration (IOM). (2010). An assessment of Malaysia’s
shelters for trafficking victims. Kuala Lumpur: IOM. Jones, Loring; Engstrom, David
W.; Hilliard, Tricia; and Diaz, Mariel (2007) "Globalization and Human Trafficking,"
 The Journal of Sociology & Social Welfare: Vol. 34: Iss. 2, Article 8. Available at:
http://scholarworks.wmich.edu/jssw/vol34/iss2/8 Kara, S. (2009).
 Sex trafficking: Inside the business of modern slavery: Columbia University
Press.Martin, P. P. (April 24 21012). Mack, N., Woodsong, C., MacQueen, K.M.,
Guest, G., Namey, E., 2005. Qualitative Research Methods:
 A Data Collector’s Field Guide. FLI Maierbrugger, A. (2013, August 28). Malaysia to
hunt down 500,000 illegal foreigners. Investvine. Retrieved from
http://investvine.com/malaysia-to-hunt 50000-illegal-foreigners/ Malaysia Trafficking
Routes available at http://www.protectionproject.org/wp
 content/uploads/2010/09/Malaysia.pdf Merriam, S. B. (2009). Qualitative research: A
guide to design and implementation. San Francisco, CA: Jossey-Bass. Ministry of
Home Affairs. (2012).
 Data on human trafficking in Malaysia. Putrajaya: MOHA. Ministry of Finance.
(2013). Economic Report 2013/2014. Kuala Lumpur: Percetakan Nasional Malaysia
Berhad. Newman, E., & Cameron, S. (2008).
 Introduction: Understanding human trafficking, Trafficking in humans: Social,
cultural and political dimensions. New York: United Nations University Press.
Shelley, L. (2010).
 Human trafficking: A global perspective: Cambridge University Press Sheila Devi
(2013), Human Trafficking in Malaysia: Trends and C

15