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THE CHALLENGES FACED BY THE ENFORCEMENT BODIES IN MALAYSIA ON HUMAN TRAFFICKING

Year 2017, Volume: 3 Issue: 7, 146 - 151, 30.04.2017

Zuraini Ab Hamid Noor Shuhadawati Mohamad Amin Norjihan Ab Aziz

https://doi.org/10.18769/ijasos.309669

Abstract

Excellence
in the implementation of the legal framework on human trafficking by the
enforcement bodies is one important benchmark that determines the success of
Malaysia in the Trafficking in Persons (TIP) Report. The responsibility to
enforce this framework is led by the Royal Malaysian Police (RMP) followed by
the Immigration Department, the Customs Department, the Malaysian Maritime
Enforcement Agency (MMEA), and the Department of Labour. Accordingly,
Anti-Trafficking in Person unit is established in each body to acknowledge the
power and trust granted to them. Normally located at the headquarters, these
specialised units are dedicated to combat human trafficking. Furthermore, their
actions are within the ambit of power granted by the legislated laws,
particularly in Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act
2007 (ATIPSOM 2007). All forms of exploitation including sex exploitation,
labour force, and selling of babies which are common in Malaysia are
highlighted by the Act. Unfortunately, since the introduction of TIP in 2001,
these bodies have been continuously criticised by the reports, media,
non-governmental organisations (NGOs), and public for their deficiency in
identifying the vulnerable victims, detecting corruption among their officers,
and failure in investigating the related cases. This article studies the power
of these five enforcement bodies and the challenges that they face in
combatting the heinous crime in order to understand the factors influencing
their incompetency. A combination of content analysis and semi-structured
interview was adopted in the research. On the whole, the article contends that
a lot of improvements need to be done to recuperate the image of these
enforcement bodies and to strengthen their fight against human trafficking in
Malaysia.

Keywords

Human trafficking enforcement bodies Malaysia challenges

References

  • Mangsa Jenayah Pemerdagangan Manusia Diselamatkan, Berita Harian <http://www. bharian.com.my/bharian/articles/977mangsajenayahpemerdaganganmanusiadiselamatkan/Article/index_html> (accessed 2 May, 2016). Alice Huling, “Domestic Workers in Malaysia: Hidden Victims of Abuse and Forced Labor”, New York University Journal of International Law & Politics, vol. 44, (2012): 629-679. Anonymous, Interviewed by Author, Ampang Sesion Court, Selangor, 8 April 2014. Anonymous, Interviewed by Author, Department of Custom (Dengkil), Selangor, 22 April 2014. Anonymous, Interviewed by Author, Malaysia Maritime Enforcement Agency, Sabah, 5th May 2014. Anonymous, Interviewed by Author, Malaysia Maritime Enforcement Agency, Putrajaya, 28th February 2014. Anonymous, Interviewed by Author, Police Head Quarters, Ampang, Selangor, 21st April 2014. Anti-Trafficking In Persons and Anti-Smuggling of Migrants Act 2007 (Act 670). Cf M Y Mattar. (2003). Trafficking in persons, especially women and children, in countries of the middle east: The scope and problem and the appropriate legislative responses. Fordham International Law Journal, Vol. 26, 721-727. Farik Zolkepli and Austin Camoens. (2014, February 6). Eyes and the Sky for MMEA, The Star, p. 16 Malaysian Maritime Enforcement Agency Act 2004 Mindy M. Willman, “Human Trafficking In Asia: Increasing Individual and State Accountability Through Expanded Victims' Rights”, Columbia Journal of Asia Law, vol. 22, no. 2 (2009): 284-313. P.R Gunarajan. (2013, September). Organised Crime: Government Initiatives, Laws and Investigation of Human Trafficking in Person and Smuggling of Migrants in Malaysia. Paper presented at International Conference on Trafficking organised by World Youth Foundation, Malacca. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, G.A. Res. 25, annex II, U.N. GAOR, 55th Sess., Supp. No. 49, at 60, U.N. Doc. A/55/49 (Vol. I) (2001). Report by Human Rights Commission of Malaysia (SUHAKAM) in Trafficking in Women and Children Published by Human Rights Commission of Malaysia (SUHAKAM), Kuala Lumpur: 2011. Royal Malaysian Police. (2013). Organised Crime: Government Initiatives, Laws and Investigation of Human Trafficking in Person and Smuggling of Migrants in Malaysia. Paper presented at International Conference on Trafficking organized by World Youth Foundation, Malacca. Trafficking in Persons Report 2012, U. S Department of State, <http://www.state.gov/j/ tip/rls/tiprpt /2012/192363.htm> (accessed 2 September, 2012). Trafficking in Persons Report 2013, U.S. Department of State, <http://www.state.gov/j/ tip/rls/tiprpt/2013/210548.htm> (accessed 24 September, 2013). Trafficking in Persons Report July 2015,” U.S Department of State, accessed Nov 29, 2015, https://www.state.gov/documents/organization/245365.pdf. Trafficking in Persons Report July 2016, US Department of State, https://www.state.gov/documents/organization/258880.pdf (accessed 14 December, 2016). Trafficking in Persons Report June 2014, U.S Department of State. <http://www.state.gov/ documents/organisation/226847.pdf> (accessed on 27 June, 2014). Trafficking in Persons Report, U.S Department of State. <http://www.state.gov/j/tip/rls/tiprpt/ 2010/> (accessed 24 May, 2014

Year 2017, Volume: 3 Issue: 7, 146 - 151, 30.04.2017

Zuraini Ab Hamid Noor Shuhadawati Mohamad Amin Norjihan Ab Aziz

https://doi.org/10.18769/ijasos.309669

Abstract

References

  • Mangsa Jenayah Pemerdagangan Manusia Diselamatkan, Berita Harian <http://www. bharian.com.my/bharian/articles/977mangsajenayahpemerdaganganmanusiadiselamatkan/Article/index_html> (accessed 2 May, 2016). Alice Huling, “Domestic Workers in Malaysia: Hidden Victims of Abuse and Forced Labor”, New York University Journal of International Law & Politics, vol. 44, (2012): 629-679. Anonymous, Interviewed by Author, Ampang Sesion Court, Selangor, 8 April 2014. Anonymous, Interviewed by Author, Department of Custom (Dengkil), Selangor, 22 April 2014. Anonymous, Interviewed by Author, Malaysia Maritime Enforcement Agency, Sabah, 5th May 2014. Anonymous, Interviewed by Author, Malaysia Maritime Enforcement Agency, Putrajaya, 28th February 2014. Anonymous, Interviewed by Author, Police Head Quarters, Ampang, Selangor, 21st April 2014. Anti-Trafficking In Persons and Anti-Smuggling of Migrants Act 2007 (Act 670). Cf M Y Mattar. (2003). Trafficking in persons, especially women and children, in countries of the middle east: The scope and problem and the appropriate legislative responses. Fordham International Law Journal, Vol. 26, 721-727. Farik Zolkepli and Austin Camoens. (2014, February 6). Eyes and the Sky for MMEA, The Star, p. 16 Malaysian Maritime Enforcement Agency Act 2004 Mindy M. Willman, “Human Trafficking In Asia: Increasing Individual and State Accountability Through Expanded Victims' Rights”, Columbia Journal of Asia Law, vol. 22, no. 2 (2009): 284-313. P.R Gunarajan. (2013, September). Organised Crime: Government Initiatives, Laws and Investigation of Human Trafficking in Person and Smuggling of Migrants in Malaysia. Paper presented at International Conference on Trafficking organised by World Youth Foundation, Malacca. Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention Against Transnational Organized Crime, G.A. Res. 25, annex II, U.N. GAOR, 55th Sess., Supp. No. 49, at 60, U.N. Doc. A/55/49 (Vol. I) (2001). Report by Human Rights Commission of Malaysia (SUHAKAM) in Trafficking in Women and Children Published by Human Rights Commission of Malaysia (SUHAKAM), Kuala Lumpur: 2011. Royal Malaysian Police. (2013). Organised Crime: Government Initiatives, Laws and Investigation of Human Trafficking in Person and Smuggling of Migrants in Malaysia. Paper presented at International Conference on Trafficking organized by World Youth Foundation, Malacca. Trafficking in Persons Report 2012, U. S Department of State, <http://www.state.gov/j/ tip/rls/tiprpt /2012/192363.htm> (accessed 2 September, 2012). Trafficking in Persons Report 2013, U.S. Department of State, <http://www.state.gov/j/ tip/rls/tiprpt/2013/210548.htm> (accessed 24 September, 2013). Trafficking in Persons Report July 2015,” U.S Department of State, accessed Nov 29, 2015, https://www.state.gov/documents/organization/245365.pdf. Trafficking in Persons Report July 2016, US Department of State, https://www.state.gov/documents/organization/258880.pdf (accessed 14 December, 2016). Trafficking in Persons Report June 2014, U.S Department of State. <http://www.state.gov/ documents/organisation/226847.pdf> (accessed on 27 June, 2014). Trafficking in Persons Report, U.S Department of State. <http://www.state.gov/j/tip/rls/tiprpt/ 2010/> (accessed 24 May, 2014
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Details

Journal Section Articles
Authors

Zuraini Ab Hamid

Noor Shuhadawati Mohamad Amin

Norjihan Ab Aziz

Publication Date April 30, 2017
Submission Date April 28, 2017
Published in Issue Year 2017 Volume: 3 Issue: 7

Cite

EndNote Ab Hamid Z, Mohamad Amin NS, Ab Aziz N (April 1, 2017) THE CHALLENGES FACED BY THE ENFORCEMENT BODIES IN MALAYSIA ON HUMAN TRAFFICKING. IJASOS- International E-journal of Advances in Social Sciences 3 7 146–151.
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