Embedded Files
By: Brianna Marichal
Who Is Covered
This act applies to trafficked persons and smuggled migrants in Malaysia who are victims of criminal trafficking or smuggling networks.
Key Rights and Protections
The trafficking of individuals through threat, coercion, deceit, abuse of a person's vulnerability, or the giving or receiving of benefits to gain consent to traffic is punishable by 3-20 years in prison, along with a fine (Act 670 §13).
Any individual who profits from the exploitation of a trafficked individual can be convicted for up to fifteen years, with a fine between five thousand and one million ringgit (Act 670 §15).
A trafficked individual’s consent to trafficking is not grounds for defense (Act 670 §16).
A trafficked individual will be given immunity in respect to their illegal entry into the country, the extent of their stay, as well as for any fraudulent documentation they have (Act 670 §25).
A Protection Officer can investigate an individual suspected of being trafficked and bring them before the Magistrate, and if determined to be a victim of trafficking they will be put in a place of refuge for up to three months (Act 670 §51(3)).
An application made by a Protection Officer can extend the amount of time in the refuge if it is determined a person is in need of further protection (Act 670 §54(3)).
News publications are not allowed to reveal the name, address, or any other identification factors of any trafficked person (Act 670 §58).
The Court can make an order for a convicted trafficker to pay compensation to the trafficked person (Act 670 §66A).
If a person is alleged to have been trafficked and is owed wages, the Court can order the employer to pay those wages even if there is no conviction of the trafficker (Act 670 §66B(1)).
Common Violations
Violations under this law:
Trafficking in persons for the purpose of exploitation
Exploitation of a trafficked person
Obstruction or interference with enforcement efforts
Abuses often reported under this law:
Underpayment/Non-payment of wages
Overcrowded living conditions
No contract or written job descriptions
Threats
Employer taking hold of legal documentation
What Workers Should Know
If you are a victim of human trafficking, or suspect that there is smuggling, there are measures in place to convict the perpetrators and protect informants and victims.
If you were smuggled or trafficked, you won't be punished for being in Malaysia illegally or for using fake documents. However, if you're a foreigner, you will be handed over to immigration and safely returned to your home country after your stay at the shelter.
Where to Get Help
The Royal Malaysia Police (RMP): 999, rmp@rmp.gov.my
The Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants (MAPO): +603-8880 8854, nsomapo@moha.gov.my
Department of Labour (JTK): 603-8000 8000, jtksm@mohr.gov.my
Immigration Department of Malaysia (JIM): +603 8880 1449
Tenaganita: +603 7770 3671, general@tenaganita.net, https://tenaganita.net/report-an-abuse/
Sources
Australian Aid. Malaysia. ASEAN-Australian Counter Tracker.
https://aseanactpartnershiphub.com/country-directory/malaysia/
Bernama. Council for anti-trafficking in person and anti-smuggling of Migrants.
BERNAMA. http://mapo.bernama.com/index-en.php
Government of Malaysia. (2022). Anti-Trafficking in Persons and Anti-Smuggling of Migrants
Act 2007 (Act 670): As amended up to 22 February 2022. Attorney General’s Chambers of Malaysia.
Tenaganita. https://tenaganita.net/
Google Sites
Report abuse