M'sia still on US 'watch list' for human trafficking
Published: Jun 25, 2013 8:55 AM | Updated: Jun 25, 2013 10:21 AM
Malaysia has been placed on the 'Tier 2 Watch List' of the US State Department's Trafficking in Persons Report for the fourth consecutive year.
Malaysia has been placed on the 'Tier 2 Watch List' of the US State Department's Trafficking in Persons Report for the fourth consecutive year.
'Tier 2' refers to countries which do not fully comply with the minimum standards set by the US' Victims of Trafficking and Violence Protection Act of 2000 (TVPA), but are making "significant" efforts to do so.
However, countries on the 'Tier 2 Watch List' constitutes countries with an increasing number of human trafficking victims, or failure to show evidence of increasing efforts to combat human trafficking, or pledges to take additional steps over the next year.
Malaysia is one of 42 countries on the watch list, alongside Rwanda, Cambodia and Ukraine.
Countries that fall in the 'Tier 3' list may be subjected to sanctions by the US. Among those in the 'Tier 3' list are Saudi Arabia, Sudan, Russia, China, Libya, Syria and North Korea.
Protecting the victims
In the case of Malaysia, the US State Department noted that Malaysian authorities do not adopt a victim-centred approach, thus exposing victims to further harm rather than to protect them.
"The government did not show evidence of overall increasing efforts to address human trafficking compared to the previous year; therefore, Malaysia is placed on the 'Tier 2 Watch List' for the fourth consecutive year.
"Malaysia was granted a waiver from an otherwise required downgrade to 'Tier 3' because its government has a written plan that, if implemented, would constitute making significant efforts to meet the minimum standards for the elimination of trafficking and is devoting sufficient resources to implement that plan.
"During the year, the government made no tangible improvements to its inadequate system for identifying and protecting trafficking victims, such as amending its laws to allow victims to reside in NGO shelters," read the report.
Among others, the US State Department recommended that Malaysia ensures victims are not threatened or punished for crimes committed as a result of being trafficked.
The government has also been urged to consider funding specialised NGOs to provide victims in government facilities regular access to legal services and effective counselling in their native languages.
Malaysia is also urged to amend its anti-trafficking laws to allow victims to travel, work and reside outside government facilities while under protection orders.
'Modest overall progress'
Nevertheless, the report recognised that Malaysia made "modest overall progress" in addressing human trafficking through law enforcement, notably in the area of labour trafficking, though convictions of sex trafficking offenders had decreased.
The reported noted that in 2012, 11 sex trafficking offenders and 10 labour trafficking offenders were convicted, up from 17 sex trafficking convictions and zero labour trafficking convictions the year before.
The authorities also investigated 190 suspected trafficking cases and initiated 63 prosecutions.
However, the reported noted that trafficking victims are treated poorly and not given enough protection or incentives to assist investigations and prosecution, thus this was a "significant impediment" to successful prosecutions.
"Prosecutors had little interaction with law enforcement officers or victims prior to trials; their lack of familiarity with victims' testimonies - often the primary source of evidence in trafficking cases - hindered their ability to obtain successful convictions," read the report.
In terms of prevention, the report added that a lack of understanding of human trafficking by front-line government officials - such as the police, as well as the immigration and labour officials - hinder identification and proper investigation of trafficking cases and assistance to victims.
To read the full US State Department report on Malaysia, click here.
'Tier 2' refers to countries which do not fully comply with the minimum standards set by the US' Victims of Trafficking and Violence Protection Act of 2000 (TVPA), but are making "significant" efforts to do so.
However, countries on the 'Tier 2 Watch List' constitutes countries with an increasing number of human trafficking victims, or failure to show evidence of increasing efforts to combat human trafficking, or pledges to take additional steps over the next year.
Malaysia is one of 42 countries on the watch list, alongside Rwanda, Cambodia and Ukraine.
Countries that fall in the 'Tier 3' list may be subjected to sanctions by the US. Among those in the 'Tier 3' list are Saudi Arabia, Sudan, Russia, China, Libya, Syria and North Korea.
Protecting the victims
In the case of Malaysia, the US State Department noted that Malaysian authorities do not adopt a victim-centred approach, thus exposing victims to further harm rather than to protect them.
"The government did not show evidence of overall increasing efforts to address human trafficking compared to the previous year; therefore, Malaysia is placed on the 'Tier 2 Watch List' for the fourth consecutive year."Malaysia was granted a waiver from an otherwise required downgrade to 'Tier 3' because its government has a written plan that, if implemented, would constitute making significant efforts to meet the minimum standards for the elimination of trafficking and is devoting sufficient resources to implement that plan.
"During the year, the government made no tangible improvements to its inadequate system for identifying and protecting trafficking victims, such as amending its laws to allow victims to reside in NGO shelters," read the report.
Among others, the US State Department recommended that Malaysia ensures victims are not threatened or punished for crimes committed as a result of being trafficked.
The government has also been urged to consider funding specialised NGOs to provide victims in government facilities regular access to legal services and effective counselling in their native languages.
Malaysia is also urged to amend its anti-trafficking laws to allow victims to travel, work and reside outside government facilities while under protection orders.
'Modest overall progress'
Nevertheless, the report recognised that Malaysia made "modest overall progress" in addressing human trafficking through law enforcement, notably in the area of labour trafficking, though convictions of sex trafficking offenders had decreased.
The reported noted that in 2012, 11 sex trafficking offenders and 10 labour trafficking offenders were convicted, up from 17 sex trafficking convictions and zero labour trafficking convictions the year before.The authorities also investigated 190 suspected trafficking cases and initiated 63 prosecutions.
However, the reported noted that trafficking victims are treated poorly and not given enough protection or incentives to assist investigations and prosecution, thus this was a "significant impediment" to successful prosecutions.
"Prosecutors had little interaction with law enforcement officers or victims prior to trials; their lack of familiarity with victims' testimonies - often the primary source of evidence in trafficking cases - hindered their ability to obtain successful convictions," read the report.
In terms of prevention, the report added that a lack of understanding of human trafficking by front-line government officials - such as the police, as well as the immigration and labour officials - hinder identification and proper investigation of trafficking cases and assistance to victims.
To read the full US State Department report on Malaysia, click here.
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