Those who receive services from prostitutes should be penalised in a bid to discourage trafficking of women into the country, recommended the Human Rights Commission of Malaysia (Suhakam) in its Annual Report 2004.

"Currently there is no law that stipulates punishment for those who receive services from prostitutes," it said, adding that only victims are being penalised.

Other recommendations include that traffickers, their agents and owners or employers of entertainment establishments be prosecuted as well.

Suhakam said findings from detention camps and prisons revealed that a majority of young foreign women detained for prostitution were trafficked into the country.

They claimed to have been cheated and forced into prostitution at entertainment centres here by their agents.

The report also contained reactions from the Women, Children and Community Development Ministry, Jabatan Kemajuan Islam Malaysia (Jakim), Attorney-General's Chambers, Syariah Judiciary Department Malaysia, Internal Security Ministry, Home Affairs Ministry and Foreign Affairs Ministry.

The Internal Security Ministry disclosed that between 2002 and 2004, a total of 16,425 foreign women were detained on suspicion of prostitution.

The Women, Children and Community Development Ministry said it will look into the possibility of cooperating with the United States to conduct training programmes for enforcement officers here to learn skills of identifying trafficked victims.

Among others, the ministry also recommended that victims be placed in the community welfare department.

Palermo Protocol

On ways to reduce human smuggling, Suhakam recommendation's to sign the Palermo Protocol against the Smuggling of Migrants by Land, Sea and Air, was acknowledged by the Foreign Affairs Ministry.

However, the ministry added that a thorough study should be made before getting committed to the Protocol.

The Protocol is aimed at protecting the rights of migrants and reduction of power and influence that abuse migrants. It emphasises on the need to provide migrants with humane treatment and the need for comprehensive international approaches to combat smuggling

On equal rights for women, local laws have not been amended in par with the Convention on the Elimination of All Forms of Discrimination against Women (Cedaw), said Suhakam in the appendix.

Malaysia ratified Cedaw in 1995, agreeing to guarantee women's rights and to ensure that no "person, organisation or enterprise violates these rights."

The AG's Chambers pointed out that Article 8 (1) of the Federal Constitution was amended to include the gender factor in tandem with the obligation towards Cedaw.

However, the chambers stated that "provisions clearly against Islamic laws or any other religious laws practiced by residents of the country and customary laws of peribumi in Sabah and Sarawak are not suitable to be applied before the implication has been studied and observed in detail."

"This stand has already been announced by Malaysia during the government's ratification of Cedaw through the Declaration was done in the ratification instrument.

"The Islamic judiciary that differentiates between man and women in certain aspects which have been clear and obvious in Islamic laws cannot be amended...," it added.

Jakim also responded to this, saying there are no provisions in Islamic laws that lead to discrimination against women.