CHAPTER 4 - REPORT OF THE ECONOMIC, SOCIAL AND CULTURAL RIGHTS WORKING GROUP
(v)
Issues involving the response mechanism
Some diplomatic missions claimed that the police had failed to act on alleged human trafficking
activities brought to their attention. The police maintained that reports should be made to the
ATIP Unit under the Royal Malaysian Police. There is, therefore, a need to disseminate the contact
information of the unit to all diplomatic missions.
Delays in the resolution of court cases have left some victims frustrated. On a positive note, the
AG’s Chambers requested the missions to forward the details of delayed cases to its office or
to the Council for follow-up action.
While there was a suggestion that victims should be expeditiously repatriated to their country of
origin and then brought back to Malaysia to testify in court, there were concerns as to whether
the diplomatic missions would be able to trace the victims once they are released.
(vi) Shelters for victims of trafficking
Under the ATIP Act, NGO-run shelters cannot be gazetted as shelters established by the Council/
Government. It was suggested therefore that the Council should convert vacant Government
quarters to meet the need for shelters; and that the AG’s Chambers could expedite approval for
use of such premises. It was also suggested that the Council opens more shelters in Sarawak
and Sabah.
(vii) Action against traffickers and clients
The authorities should intensify efforts to capture traffickers and their clients.
(viii) Exploitation of undocumented migrants
While destination countries have a role to ensure that people – including undocumented
migrants – are protected from exploitation, the country of origin has a duty to ensure that its
nationals observe the laws including the immigration laws of the destination country. This would
simultaneously reduce the risk of exploitation of those travelling without valid documents.
(b) ATIP Awareness Programme in Kelantan
The Commission organised this Programme on 13-14 March in collaboration with the Council for
ATIP, Pasir Mas Land Office, TENAGANITA and Alliance Anti-Traffic Thailand.
The programme was intended to provide a platform for discussion of concerns and views; and to
raise public awareness of the possible roles for the community and their leaders in assisting the
authorities in combating trafficking in persons.
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