Tighten Law Enforcement To Halt Human Trafficking, Say Analysts

By Erda Khursyiah Basir KUALA LUMPUR, May 25 (Bernama) -- Human trafficking and migrant smuggling are both global issues of a highly complex nature and Malaysia is among the countries facing the huge challenge of containing these criminal activities. Human trafficking and migrant smuggling have also been implicated in the humanitarian crisis involving the ethnic Rohingya minority that has engulfed the Southeast Asian region. Over the years, Malaysia has seen migrants from Indonesia, Bangladesh, the Philippines, Nepal, Sri Lanka, India, Myanmar, Cambodia and Vietnam heading for its shores in search of jobs and better economic opportunities. But being sought after for its greener pastures has its repercussions too as Malaysia has unwittingly become an attractive destination for syndicates involved in human trafficking and migrant smuggling, which constitute the third largest transborder criminal activity worldwide, after drug and firearm smuggling. Malaysia's strategic location in the ASEAN region has turned it into an ideal transit point for the illegal movements of migrants. DRAWING POWER Prof Dr Nik Ahmad Kamal Nik Mahmod, head of the National Council of Professors' Governance, Legal and Public Management Cluster, said Malaysia has its own drawing power, which pulled foreigners to its shores. "Among the factors that draw them to our country are the ability to get jobs in various sectors and the higher salaries (due to the ringgit's higher valuation against the currencies of their countries of origin). Whether through legal or illegal means, most of them enter this country voluntarily and are not forced to do so. "However, many of them are being cheated into paying human trafficking syndicates huge sums of money after being promised working permits and jobs. Even if they have entered the country illegally, they still have to be given protection if they are indeed victims of human trafficking syndicates," he said. Having realised that the human trafficking trade and the flooding of illegal immigrants were having a negative impact on this country, the government has taken various counter measures, such as drafting amendments to the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and beefing up the secretariat for the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants. On May 19, the government tabled amendments to the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 at the Dewan Rakyat (Malaysia's lower house of Parliament), which seek to increase the jail term to a maximum of 20 years and fine to up to RM1 million (around US$277,484) for those convicted of carrying out human trafficking trade. According to statistics from the Home Ministry, a total of 738 cases were investigated under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 between February 2008 and February 2014. Are the proposed amendments adequate enough to address issues related to human trafficking and migrant smuggling activities? FIRMER ENFORCEMENT Nik Ahmad Kamal said the relevant laws have to be strictly enforced in order to combat such criminal activities. "The three main features of enforcement are prevention, investigation and action. Prevention will require effective surveillance at the nation's border areas and for this, we will need more enforcement officers, as well as enough logistics facilities in view of our extensive border. The use of technology can also help beef up preventive efforts. "If, despite the preventive measures, human trafficking activities still take place, then the enforcement teams should be mobilised to investigate and apprehend the culprits. The enforcement officers must be equipped with the necessary skills and capabilities to carry out surveillance and investigations in order to detect the masterminds behind the human trafficking syndicates," he told Bernama. Nik Ahmad Kamal said the amendments to the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, coupled with more stringent enforcement, would help the government to eradicate such activities. "When more traffickers are caught and given heavy penalties, it will deter others from committing similar offences. But then, this is only in theory. Whether or not the stiffer penalties succeed in reducing such activities depend on the proper enforcement of the law or act," he said. He claimed that it was weak enforcement which emboldened employers into hiring workers without valid permits. Although the authorities have been diligent in their efforts to nab illegal immigrants, their large numbers were hampering the enforcement officers from carrying out their operations effectively. "Under the Immigration Act 1959/63 (Amendment 2002), employers can be punished for harbouring foreign workers without permits. This (act) is a potent weapon if it's enforced effectively. "Then, there's the question of integrity... abuse of power and corruption have played a part in the ineffective implementation of the laws," he said. Commenting on this issue, Md Shukri Shuib, a senior lecturer in political and international studies at Universiti Utara Malaysia, said the effectiveness of any law was subject to the transparency of the authority in charge of enforcing it. He said an act could only be effective if there was a high level of integrity among the enforcement officers who, he added, should strike terror into criminals with their stern demeanour and action. The existing legislation, he pointed out, was adequate, save for some amendments to improve their implementation and enforcement. "Under the National Blue Ocean Strategy, we mobilised the police and military forces to fight crime and I believe we have to do the same to control the influx of illegal immigrants into the country," he said. PENALISING "END-USERS" Nik Ahmad Kamal said the huge demand for foreign workers to fill up vacancies in sectors shunned by locals has prompted human trafficking syndicates to smuggle foreigners into the country. Md Shukri agreed, saying that human trafficking activities would only cease to exist when there was no longer any demand for foreign labour. He said the existing legislation should be strictly enforced to take action against those who hired people shipped into the country via human trafficking channels. "Malaysian citizens should refrain from being end-users of the people who are brought in as slaves of the trafficking trade. It's their demand that's encouraging this immoral activity to flourish. "It's imperative that stern action be taken against any sector, regardless of whether it is the plantation, manufacturing or construction industry, found hiring illegal workers," he added. -- BERNAMA