CHAIRMAN’S REVIEW But, this is the 16th consecutive year that SUHAKAM has not had its Annual Report debated by Parliament. It has to be underlined that what SUHAKAM cannot achieve in terms of the protection of fundamental rights of the people, Parliament must then take up the ownership. It must be noted that the United States Department of State in its 2016 Trafficking in Persons Report identified Malaysia as a destination and, to a much lesser extent, source and transit country for men, women, and children subjected to forced labour; and women and a small number of children subjected to sex trafficking. Most of the trafficking victims are among the approximately two million documented and an even higher number of undocumented migrant labourers in the country. Discoveries of migrant camps and mass graves along the Malaysia-Thailand border last year generated reports that some officials were complicit in facilitating migrant smuggling, which may have included trafficking crimes. The Government contends that efforts have been made to interdict trafficking and enhance surveillance, but the rate of prosecution of offenders are not convincing as compared to our neighbours, such as Thailand. The authorities must accept the seriousness of this issue as trafficking occurs both across borders and within a country. SUHAKAM does however welcome reform to the victim protection system, including legal provisions to allow victims’ freedom of movement and the right to work. With regard to refugees, and despite this being a long-standing issue with an estimate of 150,000 UNHCR registered refugees in Malaysia, there are still no firm policies, legal framework or solutions in place concerning this vulnerable population. Owing to the lack of formal status and as a result the ability to obtain legal work permits, this population remain vulnerable to trafficking. Many refugees incur large debts, which traffickers take advantage of, subjecting some of them to debt bondage. SUHAKAM firmly believes that access to safe and lawful employment is a fundamental human right, well-established in international law, and applies to all persons including refugees and asylum seekers, and with good reason. Although the primary duty to protect human rights remains with governments, businesses and companies have a responsibility to respect human rights in their operations. This year, SUHAKAM’s business and human rights agenda continued to evolve, in keeping with the growing momentum around national action plans for the implementation of the UN Guiding Principles (UNGP) on Business and Human Rights. SUHAKAM assisted the office of YB Senator Datuk Paul Low in preparing a Cabinet Paper to seek the Government’s approval for the development of a National Action Plan (NAP) on Business and Human Rights that it has been advocating since 2015. SUHAKAM hopes that the NAP will assist the Government to increase its capacity to protect human rights in Malaysia, by strengthening administrative structures, SUHAKAM ANNUAL REPORT 2016 9 suhakam 2new.indd 9 3/23/17 5:54 PM