Anti-Trafficking In Persons and Anti-Smuggling of Migrants and Modern Slavery Act 2020

By:

Firdaus Husni

Affiliations:

Malaysian Centre for Constitutionalism and Human Rights

Policy Code:

2f2 Migrant

Problem Statement:

The Anti-Trafficking In Persons and Anti-Smuggling of Migrants is legislature that aims to combat human trafficking and smuggling of migrants, however, does not extend to protect migrants from forced labour and other forms of modern day exploitation. Therefore, current legislature must be amended to account for forced labour that does not fall under human trafficking and smuggling of migrants.

Value(s) and Belief(s):

The government does not meet the minimum standards for eliminating human trafficking and is not making significant efforts to do so, therefore Malaysia has been downgraded to Tier 3.The government continues to conflate human trafficking and migrant smuggling crimes and did not adequately address or criminally pursue credible allegations from multiple sources alleging labor trafficking.

Proposal of Solution:

1. Criminalizing forced labor/ modern slavery independent of anti-trafficking
2. Ensuring Malaysian laws accommodate modern forms of exploitation
- Elements such as psychological coercion, deception, fraud and abuse of vulnerabilities
et cetera
3. Increasing sanctions for forced labor, modern slavery, human trafficking, smuggling of
migrants et cetera
4. Holding corporations/ supply chains accountable practices that support human
trafficking and modern slavery.

Additional Information:

~

Translation

Isu dan Polisi Semasa:

Nilai-nilai dan Kepercayaan:

Penyelesaian:

Informasi Tambahan: