LETTER | Introduce Trafficked Victims Protection Act

LETTER | In the Malaysian context, the authorities have maintained their strict stance of penalising all forms of human trafficking through various brothel networks.

All means of coercive sex trafficking, upon close examination, not only gravely destabilises and ruptures the societal order but has been repeatedly shown to be weaponised to groom vulnerable women into forcefully participating in the illegal sex trade and surreptitiously facilitate human trafficking through various organized criminal networks of brothels.

The worldwide issue has been significantly exacerbated and will require newfound initiatives.

In 2007, the government gazetted its “Anti-Trafficking Act” as it was deemed ineffectual and required amendments. At the time, the legislation put in place concentrated its focus on the trafficking in persons which included the recruiting, transporting, transferring, harbouring, providing, or receiving a person for the purpose of sexual exploitation.

The law enacted criminalised labour trafficking and sex trafficking, prescribing punishment of three to 20 years imprisonment and a fine. The issue found was that the law in and of itself, as analysed by the US Department of State, conflated anti-migrant smuggling and human trafficking which hampered law enforcement efforts.

More was also suggested to be added to the act to lay the foundation of an institutional system of support for the victims of trafficking. What is needed is an exclusive legislative act designed to stringently prosecute human traffickers while empowering disenfranchised victims of heinous abuse with adequate support structures.

What Malaysia must initiate further study into are the various approaches countries have taken to ensure that the policies enacted do not inadvertently leave victims of the illegal sex industry without necessary assistance and accommodation.

The purported victims have often been the subject of coercive sex trafficking and thus require an appropriate means of aid that also guarantees their long-term protection. The sex trade emerges out of deeply embedded and covert structures that are interwoven, allowing these organised criminal networks to amass the power necessary to encroach upon vulnerable women.

The authorities ought to therefore study ways in which these criminal networks can be disassembled and brought to the law. Comprehensive approaches are indeed needed to truly eliminate the presence of the illegal sex trade.

Stricter penalties

What appears to be needed for the future is a consideration of the need to ensure that the issue is addressed at multiple levels of consideration - from the protection of women and the penalisation of criminals.

The authorities may have to consider the criticisms raised by various parties and ensure that they can afford new initiatives to better help vulnerable women who are victims of prostitution and need improved support in recovery and stronger protection for women against criminal aggressors.

There ought to be stricter penalties that swiftly prevent these operations from persisting. Prostitution is a crime that is more rampant now.

It is incumbent on the government to ensure that its counter policies are holistic, ensuring that vulnerable victims of illegal sex trades are appropriately accommodated and criminals are strictly incarcerated; incurring stricter sanctions and penalties.

Diversifying initiatives

When observing the 2023 Trafficking in Persons Report devised by the US Department of State, the status of Malaysia in the “Tier 2 Watch List” is an important reminder to the authorities that efforts in this area need significant enhancement, as localised sex trafficking has intensified at a worryingly escalating rate.

What will be key to Malaysia’s resolute erasure of the crimes of sex trafficking is the degree to which the country diversifies its initiatives, as comprehensive measures will provide greater assurance that the issue is dealt with intricately.

The nature of Malaysia’s long-term policies therefore must be poised to establish the groundwork necessary to both encourage the recovery of its victims and prevent the seeping influences of malignant forces external to the country through intricate profiling and updated enforcement measures.

One such strategy the government could consider is the creation of an independent commission designed to oversee the support provided to victims of human trafficking in Malaysia, to determine welfare policies and initiatives that effectively equip them with a means to seek justice and to receive crucial assistance in the form of medical, legal, and social support aid.

New threat

There is also, at present, the intensifying threat of new technologies being employed to facilitate human trafficking more covertly.

Research undertaken by the United Nations demonstrated that the rise of technological incorporation in human trafficking operations is increasingly being weaponised, with criminals resorting to social media as a means of luring innocent victims.

Traffickers have been found to utilise the online space, particularly in the dark web, to exchange illicit and illegal materials and to conceal the presence of their operations through discreet means.

As technological advancements continue to leave their impact on the world, the crimes that have so devastated countries all over the world are simultaneously being elevated to greater detrimental effects.

A comprehensive solution to these issues is to introduce legislation that effectively deals with these issues.

Malaysia could model legislation after the United States to tackle trafficking. The “Trafficking Victims Protection Act”, according to the Department of Justice, in the United States was introduced so as to equip the US government with “new tools and resources to mount a comprehensive and coordinated campaign to eliminate human trafficking.”

Such an act improved victims’ access to social support, increased penalties for human traffickers as well as revolutionised prosecutorial and legal operations in a way that resolutely eradicates institutional weaknesses or policy gaps that inadvertently allow for trafficking to be facilitated.

It also ensured improved capacities for the repatriation of foreign victims safely.

Preserving justice

This legislation could be introduced in a way to incorporate these facets as well as create new legislative groundwork to tackle digital exploitation and human trafficking through online spaces.

The government ought to recognise the necessity of appealing to holistic and comprehensive legislation to protect and preserve justice in the country and guarantee the security and safety of Malaysians.

Through this, Malaysia can rectify its past legislative inadequacies and account for the increasing threat of diversified trafficking operations.

Such reform could elevate Malaysia to a greater international standing in terms of its efforts to extirpate human trafficking operations, potentially inspiring other Asean-inflicted nations such as Cambodia and Thailand to follow suit - allowing the country to assume the status of an admirable and respected policy leader.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.