Human Trafficking

Human trafficking has been an issue since the beginning of civilization, and it is still ongoing in the modern era. This is saddening as human trafficking is a serious abuse of human rights, and regardless of how many organisations are putting effort in stopping this human right crisis, for example, the United Nations, it just would not go. The United Nations Convention against Transnational Organized Crime (“UNTOC”) contains a modus operandi, namely the Protocol to Prevent, Suppress and Punish Trafficking in Persons (Trafficking in Persons Protocol), has defined human trafficking in one of its articles.

“Human trafficking is the recruitment, transportation, transfer, harbouring 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 a 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.”[1]

There are a few international declarations which illegalize human trafficking. Among them is the Universal Declaration of Human Rights (“UDHR”)[2] which stipulates that no one shall be held in slavery or servitude and the slavery trade in all forms are prohibited. It must be noted that UDHR shall be read with the International Covenants on Civil and Political Rights (ICCPR)[3]. It provides further elaboration on the rights in UDHR regarding to how it should be interpreted and worked.

Another human trafficking instrument is the United Nations Convention for the Suppression of the Traffic in Persons and the Exploitation of the Prostitution of Others 1949[4]. Under Article 1 of this convention, the states are required to legislate the law to criminalise human trafficking and to punish the offenders who commit human trafficking. Article 16 also encourages the public and private sectors of the state such as educational, health, economic and other sectors to take appropriate measures for the prevention of human trafficking. In addition, all the countries involved in this convention should impose stricter supervision to airports, railway stations and seaports in order to prevent the traffic of persons based on Article 17. The other human rights instrument against human trafficking is the Convention on the Elimination of All Forms of Discrimination Against Women 1979 (“CEDAW”)[5].

The enforcement of the International Human Rights Treaties can be seen in the following cases. In the case of Siti Rashidah bt Razali and Ors v PP[6], a group of Rantau Panjang anti-smuggling officers ambushed a house in Pasir Mas, Kelantan and found seven men, two female adults and three female children. They were from Myanmar without any valid documents to enter Malaysia. The officers successfully captured the first, second and third accused on the spot. The accused were charged under Section 12 and 14 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrant Act 2007 and were found guilty.

In the case of Rantsev v Cyprus and Russia[7], Oxana Rantsev was a Russian woman trafficked to Cyprus to work as an ‘artiste’. Cyprus is the destination where women are trafficked there for the purpose of sexual exploitation. She was sexually abused in her workplace. Not long after, she was found dead under suspicious circumstances where the place she died was below the balcony of an employee’s apartment. Later, the court found that the country, Cyprus, failed to protect Rantsev from being trafficked into the country and failed to investigate her death. On the other hand, it was also failure of Russia in ascertaining the way Rantsev was trafficked from Russia to Cyprus.[8]

In fighting against human trafficking, the special rapporteur of the United Nations reported that Human Rights Commission of Malaysia (SUHAKAM) could play a more active and flexible role in battling human trafficking.[9] Firstly, SUHAKAM accepts reports and complaints regarding to human trafficking and acts as a third party to order searches and investigations in order to resolve this crime. SUHAKAM also holds roundtable discussions and dialogues with government agencies to produce a complete plan in capturing the human traffickers and rescue the victims. Submissions can be made to the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants (MAPO) in Malaysia.[10]

Besides that, SUHAKAM also organises periodic visits to the shelters of the victims of human trafficking to monitor the process of rehabilitation for the victims so that they can re-integrate themselves into society after being released. Campaigns can be held continuously and on a bigger scale to promote higher awareness among all levels of the society, including schools, community and families. Through the campaigns, general public can know about the danger relating to human trafficking.[11] Furthermore, more pro bono work can be contributed by legal professionals. Lawyers can provide legal services to the victims of human trafficking in helping them to seek special immigration status. The Malaysian Bar is encouraged to include more members of expertise to work with the victims of trafficking.

In conclusion, according to the United States’ Trafficking in Persons (TIP) report, Malaysia does not fulfill the minimum requirements in the effort of elimination of human trafficking. As a result, Malaysia has been downgraded to the Tier-3 Watch List.[12] There are several positive steps taken by Malaysia to address the issue of human trafficking. Datuk Seri Dr Ahmad Zahid Hamidi, who is the Deputy Prime Minister of Malaysia, replied to the TIP Report and guaranteed to uplift Malaysia to Tier 1 by the year of 2020. The National Action Plan for Anti Human Trafficking 2016-2020 was launched.[13] In the future, it will serve as the source for government agencies, non-governmental organizations and ministries in drafting strategies to fight against human trafficking.

Click here for footnotes