SUHAKAM Interview

Pn Parames:
-Interview at Kajang, women inmates Vietnam. Found out that they are charged
under immigration offence (salah masuk Malaysia illegal migration). But asked,
they said they are deceived (trafficking).
*Something is wrong. Why are they charged under the immigration Act when
they are actually deceived.
After that, meeting with various govt agencies is done. Since that 2003 visits.
The ultimate goal is to have the Act ATIPSOM.

2010 and 2015 amendment

Significant changes
2010 include smuggling (combine) Problem concern : pada pandangan
suhakam, trafficking baru nak mula, agencies are not really aware
*it is highlighted to govt to not treat the victim based on the wrong offence
-The govt include labour agencies in the Act as an in-charge person. Before,
victim yang related into forced labour, no agencies yg look into that matter.
2015- Govt look into victim protections include NGOs to play more role,
The main aim in the 2015 amendments is for the victim protection
Significant amendment the govt opened up shelter homes (7 shelter homes)
Govt can put the victim at NGO shelter homes also (e.g. Tenaganita)
2015 makes It official for the for the NGO to be involved in victim protection
NGOs must be registered with Kementerian Wanita
7 shelter homes are crowded due to increasing victims.
Exceeding 200%
By this amendment, can put them in the shelter homes of the NGOs
First pilot project was started 2 months ago.

-Protection officer the one who looks after the victims at the shelter home.
Sebelum ni, dari kalangan govt agencies.
Protection officer can be among the NGO -but needs to be registered with the
govt. Either they will be placed at the shelter home and also to be officer in the
NGO shelter home
-Victims at the shelter home 14 hari Interim Protection Order.
To determine whether the victim is really a trafficking victim
Case will run through 3 months or if victim refuse to cooperate, process of
repatriation.
During the IPO, before amendment, they cannot go out from the shelter homes.
Issue highlighted : victims are not criminal, have to respect them as a victim, if
they cannot go out or no activities for them, negative effect to them
emotionally/mentally affected.

14 days period IPO boleh keluar, based on the specified process. Mangsa yg
dibenarkan keluar psychology test (mental stability), police test on safety.
3 months period mangsa yg dlm category ni boleh bekerja. Siapa yg nak kerja,
put the proposal to the officer at the shelter home and they will be placed and
treated as migrant worker (for 2 years). E.g. Marriott Hotel.
Some cases of victim running away.
Positive side some got promoted.

Q3 does not provide much training in relation to anti-trafficking. In general, on

human rights. Specifically on HT, takde.
Still in process to develop expertise in HT.
Bhgn Aduan last year 7 complains. 2017, until May, 5. From international NGO
Thailand -Alliance Anti-trafficking bekerjasama dgn Thai Police. Dari Malaysia nak
ke Cambodia. They claimed that they are trafficked. From the interview, they
were detained in Perak. Bekerjasama dgn SUHAKAM dan after bg maklumat ke
polis.
Public complains
Victims tak berani utk buat aduan.

-Melawat shelter homes and highlight to the govt on how to treat the victims

Why Malaysia is on Tier 2?

-The criteria is based on the governments effort in order to protect the victim.
2020 Malaysias aim is to be at Tier 1. National Action Plan 2016-2020.
(Continuation from 2010-2015)
Govt has made significant efforts to improve..

Room for improvement especially problem between collaboration between

agencies. ***Need to improve on that. E.g. in Sabah, stateless children which
may be victim traffickings. If you go to labour department to ask why didnt they
safe they would say no document. So who is the responsible agency?
Immigration also would say they do not know or say that it is not their
department.
*Must have a specific flow between govt agencies to deal with trafficking.
Govt effort kurang sbb, although improving, perubahan tu amik masa sbb even
after ada akta tu, policy2 lain belum selari dgn ATIPSOM, e.g. we dont ratify
refugee UN convention. When ATIP was done in 2007, refugees were still caught
and they would send them to the Thai border then some of the officials were
involved with the selling of the victims. Peg Immigration tersebut caught under
ISA.
Now, govt understands that the ones who have a refugee card will not be
detained. Cardless, will be interviewed and if sah, takkan ditangkap. *changes in
the govt based on trafficking.
Issue labour isu majikan pgg passport, they will be illegal. They will be
trafficked/smuggled when they run away from the emplyoyers. Majikan kena ada
locker utk simpan passport pekerja dan mangsa ada akses thdp locker tersebut.
E.g. Ladang FGV di Pahang.
Progress to combat human trafficking takes time.
Number of cases banyak, number of charged sangat kurang. Why? Why when
you arrest so many victims and people are arrested, why are they charged? -Anor
reason for the problems in HT in Malaysia.
Why is the immigration officers involved in the trafficking detained under ISA but
later released when they should suppose to be charged under ATIPSOM
SUHAKAM questions why the officials along the Thai-Malaysia border are still not
arrested- this, the govt needs to improve. Govt has an international obligation.
Enforcement in US, kita ada MAPO council yg tertumpu kepada national level.
US, each state and street ada council dia yg deal with trafficking. Pegawai2 (front
officers) government, they are not aware of what is trafficking and smuggling.
Even the public at large is not aware deemed as prostitutes when they are
actually trafficked victims. They cannot identify the differences.
Awareness.
Enforcement agencies yg determine whether the victim is smuggling or
trafficking undergo training.
SUHAKAM not involved in the process of determining whether the smuggling or
trafficking victim. Yg determine ni enforcement agencies.
ATIPSOM Task Force December 2016, setiap negeri ada enforcement officer yang
dedicated utk issue human trafficking.
So, SUHAKAM bila terima complain, direct kepada task force. Police, Immigration.
The Task force will be placed with the MAPO council immigration, police, labour,
maritime.
Task force was for 6 month but they extended to 1 year.
The task force main aim is to deal with high-profile cases.

Under 2015 amendment, ada high level committee comprises of ministers

MAPO council terdiri drpd agensi2 penguatkuasaan, wakil2 dari NGOs.
High level committee is ministers chaired by the KDN. (MOHA)

Issue regarding shelter home supervise or observe the place. E.g. shelter home
lelaki fencing, mcm dekat penjara. SUHAKAM commented. Electrical fences.
Shelter home shelter home officers laporan kesihatan would affect whether
they can go out or not e.g. diseases like HIV/Aids. Recommendation officers
kena dpt vaccination.
NGO doctor without borders.

For compensation, labour issues follow the labour law.

As victim per say, no compensation. *PUT IN C4, COMPENSATION FOR VICTIMS
(e.g. US)
e.g. if forced labourvictim, claim under labour rights.

RM120 per month for allowance when they go out. Those in shelter homes.
There may be instances to wrongly find trafficking victim as smuggled migrant.
In US, the officers are trained.
In Malaysia, we need to improve the training of the enforcement officers.
E.g victis of sex trafficking would go to hospital for treatments doctor/nurses
should have the knowledge to determine trafficking victims- they can help the
victim, victims would normally not declare that they are trafficking victim.
When the medical officers ada knowledge, dia boleh identify in US. They do
have training for doctors/nurses/ medical assistant for trafficking. They have a
set of questions to the particular patient/victim to determine whether they are
trafficked victims or otherwise.
Even in schools, US, they provide training when they engage with the students.

SUHAKAMs efforts:
Buat multi-lingual pamphlet.
Forum kesedaran kat Thai border in Kelantan.
Forum @ Penang kesedaran.
Promosi more to as a human right as a whole.
Trafficking specifically planning to do in August at Sarawak
Business and Human Rights FGV, locker.

Wang Kelian victims interviewed. 44 org. Traffickers would claim for money
from the victims family as in this case.
So, Banks actually could play their role in combatting human trafficking.
Business and Human Rights and how trafficking come into picture
Business ada workers2 dia and contractors and subcontractors dia and so on.
Most probably the first layer, takde mangsa, yg seterusnya ada victim forced
labour.
The supply chain ada risk utk ada human trafficking
Educate business agencies to ensure the supply chain comply with whatever
policies they have.
Big companies do have their own human rights policy but they however do not
enforce their supply chain or contractors
e.g. kempen boycott H&M, Nike, in Malaysia

Is ATIPSOM adequate compare with UK Slavery Act.

The govt is looking to amend the ATIPSOM based on the UK Slavery Act.