SUHAKAM was invited by MAPO to provide recommendations on how to improve
the laws to better protect victims. In its recommendations, SUHAKAM referred to the
following international documents - United Nations Guiding Principles on Business
and Human Rights (UNGP); Recommended Principles and Guidelines on Human
Rights and Human Trafficking; Protocol to Prevent, Suppress and Punish Trafficking
In Persons, Especially Women and Children; United Nations Convention against
Transnational Organised Crime (UNTOC), Supplementing UNTOC; the ASEAN Plan of
Action Against Trafficking in Persons, Especially Women and Children; and Council
of Europe Convention on Action against Trafficking in Human Beings.
SUHAKAM also made a reference to the advances made by the United Kingdom
and Australia in combating human trafficking by passing the Modern Slavery Act
2015 and the Modern Slavery Act 2018, respectively.
Based on these international norms and best practices, SUHAKAM has suggested
a provision for the confiscation of assets; new regulations to identify victims; and
the introduction of a statement on slavery and human trafficking as evidence of
transparency in the supply chains of an organisation.
SUHAKAM also made recommendations to define a child as “below 18 years old” in
order to protect children from being trafficked and to include provisions to protect
victims and witnesses from intimidation and harassment.
While SUHAKAM is eager for higher penalties to be meted against offenders,
SUHAKAM is opposed to the proposed inclusion of whipping as part of the
punishment.
Following MAPO’s reluctance to act on SUHAKAM’s recommendation to include
a statement against slavery and human trafficking in the proposed amendments,
SUHAKAM approached the Companies Commission of Malaysia (SSM) to discuss
possible mechanisms to monitor supply chains of an organisation registered under
SSM.
In regard to this matter, SSM alerted that Sections 252 and 253 of the Companies
Act 2016 may be applicable for monitoring supply chains. However, SSM cautioned
that, actions under Sections 252 and 253 are made on a voluntary basis and that
it was not mandatory for companies to submit the statement. Moreover, the said
sections are not specifically for combating modern slavery but merely a form of
corporate social responsibility as one of the pillars of UNGP.
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ANNUAL REPORT 2018