Chapter 3- Report of the Research and Policy Development Group iv. Apart from Act 316, there are other applicable laws which are more comprehensive and human rights friendly such as the Dangerous Drugs Act 1952 (Act 234); and v. Detention without trial as provided under Act 316 may have the effect of encouraging bribery among the persons involved. As a follow up to the meeting, the Commission agreed to undertake a study on Act 316. The Commission is in the midst of completing the position paper on this matter. (d) Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act (ATIPSOM) On 3 September, the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants (MAPO), held a dialogue session with NGOs to discuss matters relating to the amendments to the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670). Based on the briefing by the representative of the AGC, it was proposed that Section 42 (1) of ATIPSOM be amended to enable NGOs’ Shelter Homes to be used as a place of refuge for trafficked persons by a Ministerial declaration without notification in the Gazette.6 It was also proposed that Section 43 of ATIPSOM be amended to allow the Minister to appoint any suitable persons, who could include members of NGOs, as Protection Officers. The proposed amendments are consistent with the Commission’s call on the Government to allow NGO shelters to be designated as places of refuge for trafficked victims. Nevertheless, while the Government’s proposal to allow “any suitable persons” which could include members of NGOs to be appointed as Protection Officers is noble, it is important that the Act qualifies and sets out the criteria of “any suitable persons” to avoid abuse of such provision. 7. THE COMMISSION’S ROLE IN COURT The Commission held a watching brief in a case involving the issue of the citizenship of a minor who was born of parents who were not married at the time of his birth. In the case at hand, M Navin of Malaysian-Filipino parentage had filed a suit through his biological father R. Moorthy, a Malaysian, naming the NRD, the Home Ministry and the Government as defendants, and seeking a declaration that he is a Malaysian by virtue of Article 14(b) or Article 15A of the Federal Constitution and therefore entitled to the MyKad. The teenager claimed that he was initially issued a birth certificate that listed him as a citizen when he was born on July 8, 1998, but later his applications for the MyKad and for citizenship were rejected by the NRD. Representing the defendants, the Federal Counsel argued that according to Schedule 2 of the Federal Constitution, the parents of the child must be married according to local laws in order for the child to qualify for citizenship. “Parents” under Article 14 means individuals who are lawfully married. 6 78 Section 42 (1) of the ATIPSOM Act states that: “The Minister may, by notification in the Gazette, declare any house, building or place, or any part thereof, to be a place of refuge for the care and protection of trafficked persons and may, in like manner, declare that such place of refuge ceases to be a place of refuge.”