043

Proceeding of the Global Conference on Business, Economics and Social Sciences 2013 (e-ISBN 978-967-
12022-0-3) 25-26 June 2013, Kuala Lumpur. Organized by: WorldResearchConference.com 161
043 - Proceeding of the Global Conference on Business, Economics and Social Sciences (GBSR 2013)
HUMAN TRAFFICKING IN MALAYSIA: TRENDS AND CHALLENGES
Sheila Devi Michael
Faculty of Arts & Social Science, University Malaya
sheilamike@gmail.com
ABSTRACT
Human trafficking is a grave transnational organized crime which has been remarkably on the rise for
the last decade. With increasing global and security concern, human trafficking has aroused many actors
at international and state level to play vital role in curbing this crime. Malaysia is identified as a country
of origin besides being a lucrative destination and transit country for traffickers to transport their
victims. Concurrently, internal trafficking also occurs in Malaysia. Human trafficking is reported to be the
second profitable business after drug cartel. It is an illicit clandestine movement and the nature of this
crime imposes numerous security challenges and threat to a state and its people. The security of the
people is poignant and human security is the vital core of humanity by enhancing human freedoms and
human fulfillment. Human trafficking violates the freedom of a person and it is against human rights.
The Malaysian government in collaboration with its agencies has responded by outlining a National
Action Plan against Trafficking in Persons (2010-2015) as a preventive measure. With numerous efforts
to curb human trafficking, perpetrators are still motivated by the high profits from this lucrative business
of trafficking people. The push and pull factors are determinants for such an illegal activity to operate
globally. People become a prey easily due to circumstances and many are trafficked without their
knowledge as human trafficking has many forms and the modus operandi vary from countries and
destinations. Awareness is the key for people from becoming a victim.
Keywords: trends, challenges, threats, security
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1. Introduction
Human trafficking is an illegal clandestine movement of individuals by forced due to various factors with
traffickers who profit enormously from this inhumane activity. Trafficking of human being is a global
crime acknowledged by international organizations namely the United Nations (UN), International
Organization of Migration (IOM), International Labour Organizations (ILO) and governing bodies like
ASEAN, European Union (EU) as well as the U.S. Department of State Office. Human trafficking has turn
out to be a plague unceasingly victimizing women and children globally. It is a multidimensional threat
and violates human rights and concurrently increases global health risks as it bankrolls the growth of
organized crimes and undermines the rule of law.
1
Malaysia is strategically located by land and sea in
Southeast Asia hence, it is famous for its destination amongst traffickers. It is a source and transit
1
Secretary of State, Condoleezza Rice on Human Trafficking: "modern-day slavery". In her introductory letter to the
fifth annual Trafficking in Persons Report 2000. To read the report see ("Victims of Trafficking and Violence Protection Act
2000," 2000) at http://www.state.gov/documents/organization/10492.pdf
country for perpetrators to traffic women and children for the sole purpose of commercial sexual
exploitation; whereas men for hard and cheap labour at various locations and sectors. Most of these
human trafficking victims are trafficked from nearby regions such as Indonesia, Thailand, the Philippines,
Burma, Cambodia, and Vietnam,
2
and as far as Bangladesh, Columbia, China, Ecuador, India, Nepal,
Pakistan, Russia, and Uzbekistan.
3
This paper is a qualitative research which explores the trends of human trafficking and the factors
rousing this movement in Malaysia and the challenges faced by the authorities and the response of the
Malaysian government in curbing this heinous crime. In spite of international bodies involvements
encouraging the government and local authorities to take initiative in tackling this activity yet there are
several legal and practical governance issues in need of critical attention.
2. Defining Human Trafficking
The definition of human trafficking or also know as trafficking in persons under the relevant Protocol to
the United Nations Convention against Transnational Organized Crime as the recruitment,
transportation, transfer, harbouring, or receipt of persons, by means of the threat or use of force or
other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of
vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person
having control over another person, for the purpose of exploitation.
4
In addition, trafficking is distinct from the smuggling of migrants, which is defined in the Protocol as;
the procurement, in order to obtain, directly or indirectly, a financial or other material benefit, of the
illegal entry of a person into a State Party of which the person is not a national or a permanent
resident. Unlike trafficking, smuggling does not necessarily entail the violation of such persons human
rights.
5
Human trafficking is also known as the modern-day slavery whereby the persons are forced to
stay and act against their will, believes, culture and upbringing.
6
Victims are not only subjected to
violence but subjugated and stripped of their freedom.
Transnational organized criminal activities besides human trafficking include a diverse range of crimes
such as smuggling and trafficking of narcotics, arms trafficking, illegal trade in cigarettes, illicit trade of
environmental products, smuggling of art and antiques, smuggling of automobiles, pirating and cyber
crime
7
which robustly implicates the socio-economy of a country. These activities operate across the
local, national and international platforms as a result of globalization.
8
2
Patt, Prof. Martin, Human Trafficking & Modern-Day Slavery Malaysia. Retrieved from
www.gvnet.com/humantrafficking/Malaysia-2.htm(April 24, 21012)
3
Malaysia Trafficking Routes available at http://www.protectionproject.org/wp-content/uploads/2010/09/Malaysia.pdf also
see Regulating Immigration and Human Trafficking, 27th Commonwealth Parliamentary Conference of Members from Small
Countries, 24 September 2007
4
See Article 3 paragraph (a) of the Protocol to Prevent, Suppress and Punish Trafficking in Persons was signed in Palermo City,
Italy in 2000. The UN describes exploitation include, at a minimum, the exploitation of the prostitution of others or other forms
of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or removal of organs. Read
more on http://www.unodc.org/documents/treaties/UNTOC/Publications/TOC%20Convention/TOCebook-e.pdf
5
Ibid.
6
Bales, K. (2004). Disposable people: New slavery in the global economy: University of California Press.
7
Shelley, Louise. Picarelli, John. Corpora, Chris, Global Crime Inc., in Beyond Sovereignty: Issues for Global Agenda, ed.
Maryann Cusimano Love. Wadsworth: Thomas, 2003.
8
Ibid.
3. Modus Operandi of Human Trafficking
In most cases, some of these victims migrate voluntarily and legally to Malaysia with an idea of a better
employment compare to their poor stricken countries. These legal migrants are promised with
contractual jobs along with decent pay and stay. However, they are subjected to deplorable conditions
of involuntary servitude in the domestic households, and various sectors such as agriculture, food
service, plantation, fishery, industrial and at dangerous construction sites. Most women and children are
forced to work in sweat shops, spas, masseurs, karaoke lounges, pubs, restaurants for commercial sex.
However, recent report illustrates that the traffickers have upgraded their spots to exclusive five-star
hotels and karaoke joints where operating licenses are still issued for these outlets
9
by ignorant
authorities. Since 2008 until May 31
st
2012, the enforcement agencies have made 694 human trafficking
arrests where 518 were local and the rest were foreign nationals.
10
Human trafficking affects all the ten countries that make up the Association of South East Asian Nations
(ASEAN); Brunei, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, the Philippines, Singapore,
Thailand and Vietnam. In numerous cases, Cambodians were trapped on fishing boats in the waters of
Thailand and New Zealand; Burmese women and girls were tricked across the border into China to be
sold as brides; women from South Korea, China and Thailand were trafficked and coerced into Australian
brothels. Migrant construction workers in Singapore accumulated debts to recruitment agencies that
make them vulnerable to forced labour where as domestic workers from the Philippines and Indonesia
were abused in private households in Malaysia and throughout the Middle East.
Inevitably, Malaysians are also being trafficked to Australia, Canada, China, Hong Kong, Japan, Macau,
Singapore and Thailand
11
for different types of bonded labour, domestic servitude and also into the sex
industry. Recently, it was reported in a local daily that six Malaysian women of Indian background were
recruited in Malaysia and sent to Australia on student visas were deceived and became victims of sex
slavery.
12
One of the main entrance points in Malaysia is in Sabah where Filipinos
13
are trafficked to work in pubs
and karaoke lounges, massage parlors and for commercial sex. Besides being forced into the sex
industry, some of them work as maids in domestic households as well. It is a known fact that
perpetrators use Malaysia as the transit country for trafficking between Thailand and the Philippines,
and between other Asian countries like Japan, Korea and to Europe and the United States. Astoundingly,
9
Despicable act documented. (2012, April 10). INSIGHT Star2, p.12
10
Bernama. (2012, July 18). 694 human trafficking arrests since 2008. TheSun. It is also reported of the related enforcement
agencies involved were the police, Immigration department, Malaysian Maritime Enforcement Agency, Royal Malaysian
Customs Department, and the Labour Department.
11
see Regulating Immigration and Human Trafficking, 27th Commonwealth Parliamentary Conference of Members from Small
Countries, 24 September 2007
12
Bernama. (2013, Feb 5). Malaysian sex slaves trial open in Sydney, theSun, p.6. The report further mention that these
women spoke little English or none at all and they were told to pay off their debts of airfare cost, visa and course fees
amounting to about A$5, 000 (RM16, 126). They were held in alleged sexual servitude that they had to perform sex acts to
settle debts they incurred in coming to Australia. They did not know that they had to service clients at brothel and though the
women had paid off their debts yet they were not allowed to leave and threatened to have their visas revoked by the Chinese
woman named Wong Chee Mei.
13
see Diana Wong and Gusni Saat, Trafficking of Filipino Women to Malaysia: Examining the Experiences and Perspectives of
Victims, Government and NGO Experts: Executive Summary, United Nations Global Program against Trafficking in Human
Beings, Vienna, available at http://www.unodc.org/pdf/crime/human_trafficking/Exec_Summary_IKMAS.pdf
internal trafficking occurs too.
14
Kara (2009) explains vehemently that drug trafficking generates great
dollar revenues, but trafficked women are far more profitable.
15
Unlike drugs, a human female does not
have to be grown, cultivated, distilled or packaged. Unlike a drug, a human female can be used by the
customer again and again.
16
The ILO estimates that a minimum figure of persons trafficked into forced labour and sexual exploitation
in Asia and the Pacific alone is 1.4 million from 2.4 million globally.
17
Estimated figures of 200,000
450,000 people are trafficked annually within the Greater Mekong Sub-region.
18
However, Flamm (2003)
wrote that at least 200, 000 250,000 women and children are being trafficked from Southeast Asia
annually
19
and true indeed the figure has been escalating since then. Thailand and China ranked very
high as the origin countries compare to the rest of the Asian countries like Cambodia, Laos, Myanmar,
the Philippines, and Vietnam which rank high. In the citation index, Thailand ranks very high as the
origin, transit and destination country.
20
It is estimated that there are some 2.4 million international migrants in Malaysia from the worlds
estimation of 213 million; and in Asia the figure shows 61.3 million in 2010.
21
There is a tremendous rise
in the estimation since 2006 of 53.3 million international migrants in Asia.
22
Furthermore, there are
more than 10.9 million refugees in Asia alone of a global figure of 16.3 million and Malaysia is home to
more than 35 thousand refugees.
23
However, these figures do not reflect on the unauthorized migrants
in the region as well as the suspected colossal statistics of trafficking in persons.
4. Root Causes of Human Trafficking
So why does human trafficking occur? To answer this, scholars from diverse academic fields have
researched, critiqued and written articles and volumes highlighting the crimes on human trafficking and
its correlation to migration, refugees and unauthorized movements. Actors at various international
organizations, governments and its agencies, NGOs are finding solutions to this ongoing battle in
combating human trafficking.
14
Signs that show Malaysia on human trafficking route, (2009, April 30) New Strait Times, http://www.highbeam.com/doc/1P1-
163452783.html. See also Malaysia - Human Trafficking Routes. (2010). Retrieved from http://www.protectionproject.org/wp-
content/uploads/2010/09/Malaysia.pdf
15
Kara, Siddharth. Sex trafficking: Inside the Business of Modern Slavery. Columbia University Press, 2009. See also Bales, Kevin
and Soodalter, Ron. The Slave Next Door: Human Trafficking and Slavery in America Today. University of California Press, 2009.
According to the U.S. State Department study some 14,500 to 17,500 people are trafficked into the United States from overseas
and enslaved each year. These victims are from Africa, Asia, India, China, Latin America and the former Soviet states.
16
Ibid.
17
Action against trafficking in human beings. (ILO, 2008) UNODC Border Liaison Offices in Southeast Asia 1999-2009, Ten Years
of Fighting Transnational Organised Crime. http://www.unodc.org/documents/eastasiaandpacific//2010/07/blo-
cambodia/Border_Book_final_6mar09.pdf
18
IOM Southeast Asia website www.iom-seasia.org 2008
19
Flamm, M. (2003). Exploited, Not Educated Trafficking of Women and Children in Southeast Asia. UN Chronicle, Volume XL
Number 2.
20
Trafficking in Person: Global Patterns. (Apr 2006). Retrieved from
www.unodc.org/pdf/traffickinginpersons_report_2006ver2.pdf
21
United Nations, Department of Economic and Social Affairs, Population Division (2009). (1990-2010).
http://esa.un.org/migration/p2k0data.asp
22
Asis, M. M. B. (2008). Human Trafficking in East and South-East Asia: Searching for structural factors In E. N. Sally Cameron
(Ed.), Trafficking in humans: Social, cultural and political dimensions. New York: United Nations University Press. p 181.
23
United Nations, Department of Economic and Social Affairs, Population Division (2009). (1990-2010).
http://esa.un.org/migration/p2k0data.asp.
Malaysia is perceived to be a lucrative destination for its economic development and the demand for
cheap labour in various industries is high. Therefore, desperate men and women who look out for better
living and ways to earn are deceived and fall as prey to immoral and inhuman traffickers. Some of these
victims are smuggled in and they pay hefty sum for their transportation mode including fare and visa.
Once they reached their destination, without their knowledge they are entrusted to different people
and taken to different locations to work. Thus smuggling changes to trafficking and most of these victims
are rescued during raids at brothels, pubs and karaoke lounges, hotels and massage parlors.
The factors that drive this crime is complex and underpins each other and that encourage for this
activity to be clandestine because of the demand is high and so is supply. The supply for victims is
motivated by elements of socio-economic and political instability in the origin country of the victims and
the notion for a better living standard in other countries. In general, trafficking supposedly occurs from
poorer to prosperous countries and with modern transportation, communication and technology has
enabled the perpetrators to exploit vulnerable groups of men, women and children to be trafficked for
substantial profits. Due to porous border enclosing Malaysia, traffickers find easy ways and means to
transport their victims via land, sea and air.
To deepen the understanding of trafficking from the social, economic and political contexts, Newman
and Cameron (2008) astutely point out the essential of relating (structural factors) economic, social,
ideological and geopolitical factors to (proximate factors) policy and governance issues.
24
Hence, the
relation between structural factors and proximate factors explain why many individuals are vulnerable
and how they are coerced and deceived into trafficking. Each aspect of these factors constitutes with
push and pull factors for an activity such as human trafficking to transpire.
25
The push factors that persuade this desperate move are poverty, lack of education, economic demand,
easy money, insecure environment in origin countries, high price for a virgin girl entice poor stricken
families to sell their daughters, unstable development compare to other countries, and population
pressure from a crowded and poor countries. Whereas, the pull factors that intensify the nature of
human trafficking are globalization, tourism, promising jobs with higher wages and education in
destination countries along with better quality of life and geography and culture such as in Malaysia
where Indonesian immigrants flood the country due to the similarities in culture and religion.
26
5. Myriad Forms of Human Trafficking
According to the U.S Department of State, human trafficking is the fastest growing criminal business
with estimated profit of $32 billion annually and ranks second to drug trafficking. It is the third largest
organised crime on a global scale operating from developing to developed countries (ILO Report 2005).
There are many kinds and forms of human trafficking that take place at various parts of the world and a
consistent character is the coherent abuse of vulnerable victims regardless of gender, age, religion,
health, and most essentially the rights to be free. The most common ones are sex trafficking, bonded
labour, forced child labour, debt bondage among migrant labours, involuntary domestic servitude, child
24
Newman, E., & Cameron, S. (2008). Introduction: Understanding human trafficking, Trafficking in humans: Social, cultural and
political dimensions. New York: United Nations University Press. p 2.
25
Othman, Z. (2004). Human (In)security, Human Trafficking and Security in Malaysia. [Paper presented at the 4th International
Malaysian Studies Conference (MSC 4), Universiti Kebangsaan Malaysia.]. For additional reading see US State Trafficking in
Persons reports from the year 2000 to 2013, Shelley, L. (2010). Human trafficking: A global perspective: Cambridge University
Press.
26
Ibid
trafficking
27
as well as organ harvesting
28
in all the continents around the globe.
29
Other forms include
cultural trafficking, religious trafficking, trafficking children for child soldiers and sex, pawning,
agricultural, cultism and forced marriages (Bales 2004)
30
. Trafficking of babies from newborn to above
one year-old is also regarded as lucrative business and in high demand in Southeast Asia. In Malaysia, a
baby is sold between RM10,000 (US$3,160) and RM20,000 (US$6,320)
31
to childless couples or to
different syndicates for various reasons in the black market.
32
Based on the statistics provided by the enforcement agencies and the Secretariat of the Council for Anti-
Trafficking in Persons and Anti-Smuggling of Migrants (MAPO)
33
under the purview of the Ministry of
Home Affairs Malaysia; from February 28, 2008 to November 30, 2012, a total of 591 cases have been
reported relating to various types of human exploitation with 797 people arrested for being involved in
the crime.
34
During the span of five years, around 3, 363 victims of human traffickers managed to obtain
Interim Protection Order (IPO) while another 1, 235 were given protection order.
35
These victims of
sexual exploitation, forced labour and involuntary domestic servitude amongst others are placed in
undisclosed shelter homes.
Children are the most affected victims compared to men and women. From the year 2008 2010, about
74 per cent of the total victims rescued are children followed by women at 19 per cent and men at
seven per cent.
36
Most of the time, trafficking victims are deeply affected emotionally and
psychologically. Heartless traffickers take away everything from these victims, robbing them of their
money, passports, dignity and even their lives.
6. The Response of the Malaysian Government
With the implementation of the UN Protocol to Prevent, Punish and Suppress Trafficking in Persons,
Especially Women and Children became the focal component for the world to confront human
trafficking as a crime against humanity. Henceforth, many actors from governments, organizations and
agencies as well as individuals were getting involved in the fight against human trafficking.
Simultaneously, a stream of researchers and analysts were eager to research and inform the world on
27
Ibid
28
Serious Organised Crime Agency (SOCA), from http://www.soca.gov.uk/about-soca/about-the-ukhtc/an-overview-of-human-
trafficking/types-of-human-trafficking
29
U.S Trafficking In Persons (TIP) Report 2010, p.8.
30
Bales, K. (2004). Disposable people: New slavery in the global economy: University of California Press. For further reading see
also Bales, K. (2004). New Slavery: A reference handbook: ABC- CLIO; Bales, K. (2005). Understanding global slavery: A reader:
University of California Press; Bales, K. (2007). Ending Slavery: How we free todays slaves: University of California Press; Bales,
K. (2009). Modern Slavery: The secret world of 27 million people: Oneworld.
31
Together we stand against human trafficking and smuggling of migrants. (2011, October 23). The New Sunday Times, p.7.
32
Ibid. Read also Yeoh, W., Mei, W. P., & Cheng, N. (2013, Feb 23). Baby racket smashed, The Star. It reports that the police
crippled a child trafficking ring which was selling babies from Penang to Johor. 21 babies and children aged from one month to
nine years old were rescued and 43 people were arrested in several states.
33
The Secretariat consists of 11 ministries, agencies and departments, and 5 NGOs. The five agencies are the Royal Malaysian
Police Force, Malaysian Immigration Department, Royal Malaysian Custom, Malaysian Maritime Enforcement Agency and the
Labour Department have authority under (Section 27) of the Anti-Trafficking in Persons and Smuggling of Migrants Act.
34
Statistics are shown with permission from the Royal Malaysian Police. Some of the figures can be obtained from the website
of Ministry of Home Affairs Malaysia at www.moha.gov.my
35
Statistic Cases of Trafficking in Persons 2012 - FROM 28.02.2008 UNTIL 30.11.2012. (2012). Retrieved from
http://www.moha.gov.my/index.php/en/sekretariat-statistik
36
Data and Statistic obtained from a booklet, Human Trafficking and Migrant Smuggling (2011): The Anti-Trafficking
in Persons and Smuggling of Migrants (MAPO) Council.
the nature and inhumane activities of trafficking human beings especially on young women and
children. The United Nations Inter-Agency Project on Human Trafficking stated that at least 117
countries globally have passed a specific legislation addressing human trafficking issues. At ASEAN level,
three out of ten members; Vietnam, Singapore and Myanmar are yet to enact specific legislation to
combat human trafficking.
37
Whereas, Malaysia developed the Anti-Trafficking in Persons Act in 2007
after being listed on Tier 3
38
nation indicates the lowest category by the U.S Department of States
Trafficking in Persons Report in 2006.
Looking back, in the year 2009, Malaysia was blacklisted by the U.S Department of State for not
complying with the Trafficking Victims Protection Acts (TVPA) and as a result was placed back on Tier 3
and among 16 other countries for bad record in handling this pertinent issue. This was a thwarting drop
for the government since 2007 as in 2008 the ranking improved by being on Tier 2 watch list. Malaysia
recurrence on the blacklist spot has sparked heated debate that it yet to fully tackle the concern of
human trafficking.
Nevertheless, with recent fine reports due to efforts taken to prevent human trafficking, Malaysia is on
Tier 2 Watch List
39
and remained on the spot for three consecutive years. According to UNHCR World
Report 2011 on Malaysia, it has stated that the government does not fully comply with the minimum
standards to eliminate trafficking, even so reported that the government is making significant efforts to
curtail human trafficking.
40
A number of cases have been reported against government officials for their direct involvement in
human trafficking but so far only one offender has been prosecuted in December 2008 under the 2007
anti-trafficking law. In 2009, the U.S Senate Foreign Relations Committee made a formal report stating
that Malaysian immigration officials involvement in trafficking and extorting Burmese refugees to the
Malaysia-Thai border. Upon arrival at the border, the traffickers take possessions of the migrants and
demand ransom on individual basis. Freedom is possible only when the money demands are met. The
Royal Malaysian Police Force investigated the allegations with the assistance of the Immigration
Department however; no officials were arrested, prosecuted or convicted for the involvement in
trafficking. This indicates that the government yet to develop mechanisms to screen victims of
trafficking effectively
41
back then.
37
Lo, D. (2010). Investigations: What are the key elements in a trafficking in persons case? Paper presented at the 15th
Malaysian Law Conference, Kuala Lumpur Convention Centre.
38
U.S. Trafficking In Persons Report, Guide to Tiers: p. 22: The U.S Department of State, Washington. The guide explains that
Tier 3 - Countries whose governments do not fully comply with the minimum standards and are not making significant efforts to
do so.
39
Trafficking in Persons Report 2010 - Country Narrative: See http://www.state.gov/g/tip/rls/tiprpt/2010/142760.htm
Tier 2 Watch List
Countries whose governments do not fully comply with the TVPAs minimum standards, but are making significant efforts to
bring themselves into compliance with those standards AND:
a) the absolute number of victims of severe forms of trafficking is very significant or is significantly increasing;
b) there is a failure to provide evidence of increasing efforts to combat severe forms of trafficking in persons from the previous
year, including increased investigations, prosecution, and convictions of trafficking crimes, increased assistance to victims, and
decreasing evidence of complicity in severe forms of trafficking by government officials; or, c) the determination that a country
is making significant efforts to bring themselves into compliance with minimum standards was based on commitments by the
country to take additional steps over the next year.
40
UNHCR Report, see unhcr.org/refworld/country
41
See http://gvnet.com/humantrafficking/Malaysia-2.htm
Besides, on numerous occasions, government officials were detained for their direct involvement in
human trafficking and so far only one offender has been prosecuted in December 2008 under the 2007
anti-trafficking law. In 2010, it was reported that seven immigration department officials who were the
employees of the Immigration Department under the jurisdiction of the Ministry of Home Affairs
Malaysia were involved in human trafficking activities in the country.
42
These accused together with two
foreigners were detained under the Internal Security Act (ISA) for indefinite detention without trial
43
and
later on they were pardoned for repenting.
In 2008, to assist the Council for Anti-Trafficking in Persons as provided under Section 6 (1) of the Anti-
Trafficking in Persons Act 2007 (Act 670), The Secretariat of the Council for Anti-Trafficking in Persons
(MAPO) was created and the act was passed in 2007 and enforced a year later. Due to rampant activities
of human trafficking and smuggling of migrants, the act was amended in 2010 and is known as Anti-
Trafficking in Persons and Anti-Smuggling of Migrants Act 2007. And the council was renamed the
Secretariat of the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants.
With these new amendments and developments, the Malaysian government and its agencies have been
proactive and in open discussion as well as bridging gap with NGOs and states in implementing the
National Action Plan against Trafficking in Persons (2010-2015). This action plan is a strategic direction
for the next five years and the primary objective is to combat human trafficking and enrich support
programmes as well as to ensure the effective implementation of the strategic goals
44
.
7. Impact and Challenges of Human Trafficking
The human trafficking issue has been acknowledged and linked to organized criminal groups globally
with earnings estimated at $32 billion annually where traffickers have created an international market
for the trade in human beings due to its high demand and profits for commercial sex and cheap labour
force. Human trafficking and smuggling activities have been blooming rapidly replacing the trading of
drugs and arms, reported to be the largest illegal lucrative business in the world
45
and this inhumane
activity affects the sovereignty of the individuals, society, and economy of a country.
The impact of this crime on individuals is so immense that the victims are traumatized due to
horrendous physical and emotional abuse. Despite breathing freedom after rescuing these victims go
through psychological torments in their lives and it takes a long time for healing. Some of these women
and children who were forced into sexual entertainments and into the streets to beg are disabled with
physical injuries and inflicted with HIV/AIDS for life. Since these victims are coerced and manipulated of
their money and bonded with debt, back at home their families receive neither money nor news from
their children. The families have no idea of their whereabouts and happenings leaving them in
distressed situations.
In addition, human trafficking activities reflect a negative image on a country and evidently it implicates
security measures on borders, the effectiveness of law, affecting the tourism industry and infuses
42
Malaysia accuses immigration officials of human trafficking. (2010, Oct 13). Retrieved from Inquirer Global Nation website:
http://globalnation.inquirer.net/news/breakingnews/view/20101013-297563/Malaysia-accuses-immigration-officials-of-
human-trafficking
43
Ibid.
44
National Action Plan Against Trafficking in Persons (2010-2015). Ministry of Home Affairs. Retrieved from
http://www.moha.gov.my/images/maklumat_bahagian/MAPO/NAP_ANTIPEMERDAGANGAN_ORANG_2010_2015.pdf.
45
Callabero-Anthony, M., & Emmers, R. (Eds.). (2006). Understanding the Dynamics of Securitizing Non-Traditional Security;
Skeldon, R. (2000). Trafficking: A Perspective from Asia. International Migration 38, no.1.
politics and economics instability of a country. Such bad impressions may impinge on bilateral relations
with foreign investors and subsequently impede future investments. Apart from that, a state
necessitates to spend a huge amount to prevent this crime, for rescue missions as well as to prosecute.
Plus, the possibility for bribery to take place is high as traffickers approach of crossing borders and
places by using this method. This is one of the reasons for this crime to protract globally thus, in need of
collective involvement from various actors at state and international level.
Amongst other challenges are the difficulties of identifying the victims. According to an enforcement
officer, rescued victims have to go through an interview process to distinguish the real victims of human
trafficking. Due to fear, the rescued victims and witness hastened give full cooperation during
interrogations. In curbing this crime, the state is in dire need of a sound support system from individuals
but due to lack of awareness it is a challenge for any government.
Human trafficking imposes a threat to the security of a nation. Security challenges can be classified into
two categories; traditional
46
and non-traditional security (NTS). Non-military issues like transnational
organized crimes such as human trafficking, human smuggling, drug trafficking; health issues along with
infectious diseases and epidemics; environmental distress, and migration crises which have been
categorized as a series of NTS issues
47
have great impact on the sovereignty of a state.
The reality of security challenges facing Southeast Asian countries has not reformed significantly even
after the end of Cold War. As Sukma (2008) points out, the magnitude of the security problems have
increased characterized by complex interrelationships by internal problems like terrorism and NTS
concerns, regional conflicts and globalization impact.
48
The ASEAN nations face various NTS issues such
as human trafficking and migrants smuggling and to overcome these problems partnership with their
neighboring countries is thoughtful. The main concern of human trafficking is the threat it has on the
people depicts human security.
8. Conclusion and Future Recommendation
The definition of human trafficking itself indicates the threat and implication against humanity. By
definition; the means used in trafficking a person forcefully, by coercing, abducting, fraud and
deception, being abusive with power and vulnerability of an individual, and being in control over
another person
49
for the purpose of exploitation. Such behaviors indeed reflect the position of a person
and the unsecured situations incriminating upon them. The nature of human trafficking itself is a
challenge to human security which is against the will of a person to perform an act or to do something.
Trafficking cheap labour is a security concern not only for Malaysia but for few other nations as
destination countries but to origin countries the major problem is border security besides human
security.
46
Buzan, B. (1991). New Patterns of Global Security in the Twenty-first Century. International Affairs, 67.3 432-433.; Buzan,
deWilde, & Weaver. (1998). Security: A New Framework for Analysis: Boulder, CO: Lynne Rienner.
47
Emmers, R. (2004). Non-Traditional Security In The Asia-Pacific, The Dynamics of Securitization: Eastern Universities Press,
Marshall Cavendish.; E.Sachs, S. (2003). The Changing Definition of Security. International Relations.; Callabero-Anthony, M., &
Emmers, R. (Eds.). (2006). Understanding the Dynamics of Securitizing Non-Traditional Security
Ashgate.
48
Sukma, R. (2008). Southeast Asian Security: An Overview in Changing Security Dynamics in Southeast Asia, Institute for
Defence Studies and Analyses.
49
The Means (How it is done) is one of the Elements of Human Trafficking. See Article 3, paragraph (a) of the Protocol to
Prevent, Suppress and Punish Trafficking in Persons
Though the Malaysian government has stepped up with the five-year National Action Plan to curb
human trafficking, still there are a lot of avenues to improve especially in creating awareness on this
crime against humanity. The Tier 2 Watch List ranking earned and maintained for three years reveals
that the MAPO Secretariat has to enhance their collaboration with civil society in order to have a holistic
approach to combat this cruel crime. There are cases dragged on for an uncertain period of time due to
lack of evidence and confusion over witness statements thus led to acquittal where the perpetrators
get away freely.
In order to tackle this global crime, which is a challenge towards a nation on political, social and
economic levels, there should be open discussions between government agencies with NGOs. This is a
nations problem thus the need to have the learned and experienced persons on the same court to
debate and to find solutions is vital to put an end to this modern-day slavery.
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