Chapter 3 - Report of the Research and Policy Development Group (ii) Labour trafficking It was noted that while prosecution of offenders has increased in sex trafficking cases, prosecution in forced labour cases is still very low.11 The Department of Human Resources is relatively new insofar as investigation into, and prosecution of, forced labour cases is concerned.12 It was noted that the department is reluctant to investigate forced labour cases as human trafficking cases, as this usually takes a much longer time to complete. There are also concerns that, although the confiscation of passports by employers of migrant workers is illegal, the Government has continued to allow this practice to occur with impunity. (iii) Lack of clear laws and enforcement Law enforcement agencies do not appear to operate under clear procedures or guidelines when dealing with trafficking cases. Procedures in identifying victims also differ from agency to agency. For example, the Department of Human Resources identifies a person as a labour trafficking victim if he or she has not received wages for more than three months. It was emphasised that it would be better to have consistent guidelines that can be used by all enforcement agencies in handling trafficking issues. It was noted that some victims were unwilling to cooperate with enforcement officers to give evidence against perpetrators because they were afraid for their safety and that of their families either in Malaysia or in their home country. In other cases, victims refused to report the cases as trafficking in order to avoid being detained in a government shelter.13 (iv) The role of MAPO It was noted that there were few references to MAPO and its functions in the US TIP report. This was because the report mainly describes overall efforts by the Government in combat trafficking instead of focusing on individual agencies. It was agreed that MAPO should take the initiative to tackle issues, as it is an inter-agency body comprising representatives of Ministries and agencies entrusted with dealing with trafficking issues. The Commission was informed that a suggestion has been made to MAPO to evolve into a stronger and more responsive coordinating body. (v) Protection of victims It was noted that the Government has not made adequate efforts to protect victims of trafficking. There was no major improvement in conditions at shelters for victims. Most victims stay for three to six months, although some have been at a shelter for more than a year. The Government provides limited counselling to victims and they have limited access to legal or psychological assistance, especially that provided by NGOs. 11 In 2011, the Government convicted 17 sex trafficking offenders but did not convict any perpetrators of forced labour. Police and immigration officials investigated 97 suspected trafficking cases during the year, 45 of which were labour trafficking cases; they initiated 16 prosecutions, 13 of which involved sex trafficking and three of which involved forced labour. In November 2011, the Department of Human Resource filed charges in a suspected labour trafficking (first action). This case is known as the ‘GSS News Agency’ case. The Department completed its first investigation, and three individuals were charged with the trafficking of five Indian national migrant workers. Lengthy delays in prosecution may result in victims having to remain at government-provided shelters. 12 13 98