Key Issues
7. TRAFFICKING IN PERSONS
For the third consecutive year, Malaysia was placed on
the Tier 2 Watch List in the 2012 Trafficking in Persons
(TIP) report issued by the United States Department
of State, based on national compliance with the US
Trafficking Victims Protection Act 2000. As Malaysia is
a popular destination for migrant workers for economic
opportunities or as a transit country, these vulnerable
groups are susceptible to being forced into sexual and
labour trafficking.
It is the Commission’s
hope that victims of TIP
and smuggling of migrant
workers will be 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.
It is acknowledged that TIP and smuggling of migrants are
complex issues involving a wide range of stakeholders and
actors across the trafficking chain, with multiple changes
of hands and modus operandi. Still, the Commission is of
the view that greater urgency is required in dealing with
these cases. The Commission has previously recommended that the Government takes steps
to identify and arrest suspected traffickers or perpetrators and to deal stringently with civil
servants found to be working in collusion with them.
The prosecution of offenders, the protection of victims and the prevention of new
incidents of trafficking must be managed in partnership between the Government
– specifically the Council for Anti-Trafficking in Persons and Anti-Smuggling of
Migrants – and civil society groups and diplomatic missions, as well as international and regional
stakeholders. It is the Commission’s hope that victims of TIP and smuggling of migrant workers
will be 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.
8. BUSINESS AND HUMAN RIGHTS
On 3 February, the Commission received a memorandum on the impact of a Free Trade
Agreement (FTA) with the European Union and the Trans-Pacific Partnership Agreement (TPPA).
This was submitted by the Malaysian Trades Union Congress and Positive Malaysian Treatment
Access and Advocacy Group. Following up on this, the Commission organised a Roundtable
Discussion with the relevant NGOs to listen to their concerns. These include the lack of
consultation with stakeholders, the possible impact of increased intellectual property protection
on access to affordable medicines, issues in the investment chapter, tariff liberalisation on rice
and agricultural products, and workers’ rights.
The Commission then met with the Ministry of International Trade and Industry (MITI) to highlight
the concerns and issues raised. The Commission further expressed its own concerns on the
possible impact of the FTA and TPPA on human rights and Malaysia’s obligations under the
various human rights treaties. It requested MITI to conduct a human rights impact assessment
study.
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