Some of you may remember that in June last year the United States State Department released their Trafficking in Persons Report. In Malaysia, the report caused quite a bit of scandal as the report placed the country in Tier 3, the worst category when it came to the state intervention to prevent human trafficking. Amongst other charges, the report found that:
‘There were a number of credible reports of Malaysian immigration authorities’ involvement in the trafficking of Burmese refugees from immigration detention centers to the Thai-Malaysian border. Several credible sources reported that immigration officials sold refugees for approximately $200 per person to traffickers operating along Thailand’s southern border. In turn, the traffickers demanded ransom – ranging from $300 for children to $575 for adults – in exchange for their freedom. Informed sources estimated 20 percent of the victims were unable to pay the ransom, and were sold for the purpose of labor and commercial sexual exploitation.’
In response to this report, the Malaysian government led by Prime Minister Najib Rajak rubbished the findings. At the same time, te report findings led to some very minor changes behind scene. These were largely to save face in response to international pressure.
Yet despite the country’s previous denial of the report findings, in July of the year, the state controlled media reported proudly that the Home Minister Datuk Seri Hishammuddin Tun Hussein had received a letter from US ambassador to Malaysia James R. Keith informing the Malaysia government that they had been promoted to Tier 2. This was subsequently reflected in the State Department’s TIP 2010 report.
United States State Department 2010 TIP Report
Despite this ‘upgrade’, many Non-Governmental Organisations (NGO) and Civil Society Groups (CSO) who work on the ground remain far from impressed at the Malaysia government’s treatment of mobile populations. Amnesty International released a statement just days after the reports surfaced about the ambassador’s letter. The statement reminded the world that: ‘Refugees and asylum-seekers in Malaysia are subjected to arbitrary arrest, detention in appalling conditions, caning, extortion, human trafficking and deportation back to the persecution that they fled.’
This past week has seen another prominent human rights group – Human Rights Watch – again raise attention to Malaysia’s rather appalling record. I have reposted in the statement in fully below.
Having worked on the ground directly with both migrants and refugees, I myself can testify to the awful treatment of mobile populations within the country, and the fact that the Malaysian government has no interest in the rights of these people. It only cares about its own international image and as such I would call on the United States to take a closer look behind these supposed changes.
(New York September 8th) – Changes to Malaysia’s anti-trafficking law will undermine efforts to combat human trafficking and reduce protections for undocumented migrants, Human Rights Watch said today in a letter to Prime Minister Najib Razak. Recent amendments to the Anti-Trafficking in Persons Act (ATIP Act) will go into effect in October 2010.
The amendments will harm trafficking victims by making it more likely that they will be treated as undocumented migrants subject to immediate deportation, undermining government efforts to counter trafficking, Human Rights Watch said. The revised law also narrows the legal definition of “human trafficking,” undercutting protections for children and adults who are tricked, rather than forced, into being trafficked.
“If Malaysia wants to end human trafficking, it needs to start treating trafficking victims as victims,” said Phil Robertson, deputy Asia director at Human Rights Watch. “Prime Minister Najib should return the amended anti-trafficking law to Parliament to stop trafficking victims from being re-victimized and to ensure that Malaysian law reflects international best practice.”
International law and practice recognize that “people smuggling” and human trafficking are dissimilar and require different law enforcement strategies. The revised Anti-Trafficking Act incorporates provisions on smuggling that are contrary to Malaysia’s obligations under the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, which Malaysia ratified in 2009.
Any changes to strengthen Malaysian law against people smuggling should be incorporated into the Immigration Act and other legislation focused on border control, not anti-trafficking legislation, Human Rights Watch said.
“Threatening to imprison migrants for people smuggling is a surefire way to push them underground and dry up any cooperation between them and the authorities to combat human trafficking,” Robertson said.
Human Rights Watch also urged the Malaysian government to provide effective protection of the basic rights of undocumented migrants and refugees. The government should permit the office of the United Nations High Commissioner for Refugees timely access to migrants seeking asylum and immediately release from detention all those determined to be refugees.
“With more and more people fleeing desperate conditions and political persecution in Burma, Sri Lanka, Afghanistan, and other countries, it’s critical for Malaysia to be willing to receive and help refugees,” Robertson said.
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