Key Issues 7. TRAFFICKING IN PERSONS For the third consecutive year, Malaysia was placed on the Tier 2 Watch List in the 2012 Trafficking in Persons (TIP) report issued by the United States Department of State, based on national compliance with the US Trafficking Victims Protection Act 2000. As Malaysia is a popular destination for migrant workers for economic opportunities or as a transit country, these vulnerable groups are susceptible to being forced into sexual and labour trafficking. It is the Commission’s hope that victims of TIP and smuggling of migrant workers will be protected at all stages, in line with international standards set by the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. It is acknowledged that TIP and smuggling of migrants are complex issues involving a wide range of stakeholders and actors across the trafficking chain, with multiple changes of hands and modus operandi. Still, the Commission is of the view that greater urgency is required in dealing with these cases. The Commission has previously recommended that the Government takes steps to identify and arrest suspected traffickers or perpetrators and to deal stringently with civil servants found to be working in collusion with them. The prosecution of offenders, the protection of victims and the prevention of new incidents of trafficking must be managed in partnership between the Government – specifically the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants – and civil society groups and diplomatic missions, as well as international and regional stakeholders. It is the Commission’s hope that victims of TIP and smuggling of migrant workers will be protected at all stages, in line with international standards set by the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children. 8. BUSINESS AND HUMAN RIGHTS On 3 February, the Commission received a memorandum on the impact of a Free Trade Agreement (FTA) with the European Union and the Trans-Pacific Partnership Agreement (TPPA). This was submitted by the Malaysian Trades Union Congress and Positive Malaysian Treatment Access and Advocacy Group. Following up on this, the Commission organised a Roundtable Discussion with the relevant NGOs to listen to their concerns. These include the lack of consultation with stakeholders, the possible impact of increased intellectual property protection on access to affordable medicines, issues in the investment chapter, tariff liberalisation on rice and agricultural products, and workers’ rights. The Commission then met with the Ministry of International Trade and Industry (MITI) to highlight the concerns and issues raised. The Commission further expressed its own concerns on the possible impact of the FTA and TPPA on human rights and Malaysia’s obligations under the various human rights treaties. It requested MITI to conduct a human rights impact assessment study. 21

Select target paragraph3