CHAPTER 3 - REPORT OF THE LAW REFORM AND INTERNATIONAL TREATIES WORKING GROUP 8. ANTI-TRAFFICKING IN PERSONS (a) National Strategic Plan on Anti-Trafficking in Persons (2010-2015) The Commission welcomes the Government’s initiative in introducing the Strategic Plan. The Commission, as a member of the Council for Anti-Trafficking in Persons, was involved in drafting the Strategic Plan. The Commission emphasised the incorporation of human rights principles in the protection of victims of trafficking. It is hoped that the objectives of the Strategic Plan will be achieved within the timeline set. The Commission also lauds the Government’s concerted and continuous efforts to eliminate human trafficking and all forms of exploitation of both locals and foreigners. The Commission observes that the Anti-Trafficking in Persons Act 2007 has been extensively enforced. (b) Anti-Trafficking in Persons (ATIP) Act 2007 Based on engagement and consultation with international organisations, the Commission agrees with their concern over the incorporation of the ‘human smuggling’ element in amendments to the ATIP Act. The Commission is of the view that, since trafficked individuals are victims of exploitation, they should not be categorised together with smuggled people. The latter are violators of immigration laws and not victims of exploitation. At the same time, the Commission takes note of the Government’s concern over the possibility that smuggled migrants may be exploited and trafficked after their arrival in Malaysia. The Commission maintains and recommends that trafficking in persons and smuggling of migrants should be treated as separate issues, as it will cause confusion and problems in identifying trafficked victims. There is a possibility that trafficked victims may be mistakenly treated as smuggled migrants and hence be wrongfully deported, instead of being placed under protection in a shelter. The Commission hopes that the rights of the trafficked victims are protected at all stages, in line with international standards set by the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children. 58