Malaysia’s new Anti-trafficking in Persons Bill 2007 will prosecute traffickers and will give trafficked migrant workers a reprieve. The law is a big step for Malaysia, a country that allegedly lacks protection mechanisms and support networks for migrant workers.

Just in time with the observance of the International Labour Day, Malaysia’s Parliament has recently tabled a new anti-human trafficking bill to give protection to trafficked migrants workers in the country.

Under the new law, trafficked victims will not be prosecuted for illegal entry or charged with entering the country using fraudulent travel documents that usually were provided by traffickers. Instead of handing them over to immigration authorities, they will be placed in shelter houses for three months up to two years, enough time for authorities to gather evidence against offenders. Those who will face charges are traffickers who will receive jail sentences of up to two years and heavy fines.

Advocating for such a law for years, Dr. Irene Fernandez, executive director of TENAGANITA, a leading human rights NGO that champions rights of trafficked women and migrant workers, said “The new law is a major change for the better. It is tough on offenders and very comprehensive in its reach. But we fear it might sit pretty on the shelf if not effectively enforced.”

The Anti-trafficking in Persons Bill 2007 is expected to become law within three months. The new legislation calls for the following:
– setting up of an enforcement council with NGOs as members, to enforce all the provisions of the law;
– creating a national action plan to combat human trafficking;
– setting up of shelters for foreign trafficked victims to stay between three months to two years; and
– granting immunity from prosecution for trafficked persons.

According to the Migrant Forum in Asia (MFA) and Asian Migrant Centre (AMC), in a joint statement, “no human being is illegal and that all migrants are entitled to protection of their human rights in the countries of origin, transit and destination.”

Fernandez hopes that the new law will protect trafficked women in Malaysia, nearly 65% of whom are forced into bonded labour, while the rest are forced into prostitution.

For more related news to International Labour Day, visit Inter Press Service News Agency “World at Work” at <http://www.ipsnews.net/new_focus/labour/index.asp>.

Related article:
“ASEAN members violate rights of migrant workers despite declaration” in we! March 2007, No. 2 

Source:
“New Law Targets Traffickers, Not Victims” from Inter Press Service News Agency, posted on April 30, 2007, <http://www.ipsnews.net/news.asp?idnews=37551>.
“An urgent need for a rights-based approach to the migration discourse” from Migrant Forum in Asia, <http://www.mfasia.org/mfaStatements/AMC_MFA%20statement%20to%20the%20HRC2007.pdf>.