SUHAKAM’s REPORT TO THE UNITED NATIONS COMMITTEE ON
ELIMINATION OF DISCRIMINATION AGAINST WOMEN
Federal Court for leave to appeal was dismissed on 13 August 2012 on the ground that the
matter had become academic in view of the recently-enacted Minimum Retirement Age Act.27
3.8.6
Minimum Wages
(i)
The announcement by the Prime Minister of Malaysia to introduce minimum wage, RM900 to
labour in Peninsular Malaysia and RM800 for labour in Sabah, Sarawak and the Federal Territory
of Labuan is welcomed by the Commission. This order known as Minimum Wages Order 2012
was made under subsection 23(1) of the National Wages Consultative Council Act 2011. The
introduction of minimum wage is meant to be a tool for combating poverty and preventing
unfair dismissal especially of women from the low income group or who are single mothers.
However, it is disappointing to note that the minimum wage does not apply to domestic workers
which is a profession dominated by women.
3.9
OTHER WOMEN ISSUES
3.9.1
TRAFFICKING OF WOMEN AND GIRLS
(i)
Malaysia is geographically strategic for human trafficking due to its long sea border and its
borders with Thailand, the Philippines and Indonesia. Therefore, Malaysia is identified as a
transit and destination country for trafficked victims for forced labour and women and girls who
are often subjected to sex trafficking.
(ii)
To eliminate trafficking activities, an Anti-Trafficking in Persons Act 200728 was introduced with
the objectives, amongst others, to provide for the offence of trafficking in persons, the
protection and support of trafficked persons, the establishment of the Council for AntiTrafficking in Persons. In 2010, the Act was amended and renamed as the Anti-Trafficking in
Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM). This newly amended Act has
widened the scope to include preventing and combating the smuggling of migrants. However,
the Commission recommended that trafficking in persons and smuggling of migrants should be
27
The Commission held a watching brief in this case at the Federal Court on 13 August 2012.
The main source of reference for the Anti Trafficking in Persons Act 2007 is based on the international
instruments i.e. UNTOC, TIP Protocol and Protocol against the Smuggling of Migrants by Land, Sea and Air.
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