Key Issues (d) Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (ATIPSOM) The Commission has expressed its concern that the US Department of State’s 2014 Trafficking in Persons Report had auto-downgraded Malaysia to the lowest tier ranking, Tier 3, for failing to fully comply with the minimum standards for the elimination of trafficking under the US Trafficking Victims Protection Act 2000 (TVPA), despite two consecutive waivers granted to it in 2012 and 2013 respectively. Of particular concern to the Commission are the Report’s findings that Malaysia’s efforts in combating human trafficking in three main aspects, namely prosecution, protection and prevention, are not sufficient or satisfactory, and that some of those aspects have been consistently highlighted by the Commission through its Annual Reports, as well as dialogues and round-table discussions with relevant Government agencies and other stakeholders. The Commission has also been consistent in its recommendations to the Government which include calling for the strengthening of the State’s mechanism in prosecuting offenders, protecting trafficked victims and deterring human trafficking, enhancing its engagement and partnership with civil society groups and other stakeholders in combating trafficking in persons, and establishing dedicated courts to expedite cases pertaining to trafficking in persons. The Commission was pleased to note the announcement by Home Minister Datuk Seri Dr Ahmad Zahid Hamidi in October that dedicated courts would be established to hear and expedite cases under ATIPSOM. The Commission will continue to monitor the realisation of the setting up of these dedicated courts. Further, the Commission takes cognisance of and supports the Government’s initiative to amend ATIPSOM. The Commission noted that at a dialogue session held in September, the Government proposed to amend ATIPSOM to allow NGOs’ Shelter Homes to be designated as places of refuge for trafficked persons and to widen the criteria for appointing Protection Officers. With respect to the Government’s proposal to allow “any suitable persons” which could include members of NGOs to be appointed as Protection Officers, the Commission suggests that the Act should qualify and set out the criteria for “any suitable persons” to avoid abuse of the provision. (e) Prevention of Crime (Amendment and Extension) Act 2014 The Prevention of Crime (Amendment and Extension) Act 2014 came into force on 1 April 2014. The Commission notes with concern that the amended Act is still retrogressive in character and is inconsistent with human rights principles as enshrined in the Federal Constitution and the Universal Declaration of Human Rights (UDHR). In particular the Commission is concerned over the provisions that allow for detention without trial and the denial of an individual’s rights to legal representation and to a fair trial, as well as to be presumed innocent until proven otherwise according to the law in a public trial. While noting the Government’s assurance that the amended Act will be used only as a last resort and that those detained under the Act will be given counselling, the Commission deems it important for the Government to translate such assurances into legal provisions towards ensuring the effective implementation of the Act as well as rehabilitation for the detainees by the relevant authorities. 16