Only 33 human traffickers convicted? 42 public servants 'guilty', and what sentence for them? Failings of Minister Zahid Hamidi?

Only 33 human traffickers convicted in Malaysia? Was this cases of people detaining and forcing women to be sex workers? 

Well, in Malaysia "trafficking in persons" have a very much broader meaning including 'forced labour' and labour exploitation...The law now says that there must be coercion as well...and there must be the object of exploitation...

So, Minister Zahid Hamidi need to give us more details of the offences that these 'human traffickers' did - Was it forced labour? Was it 'illegal activity or the removal of human organs'?

Was it for acquiring, maintaining, transfering, harbouring, providing or receiving a person? 

Were the victims foreigners or local Malaysians? Well, since Malaysia's solution with regard to foreigners, is to speedily sent them out of Malaysia back to their countries of origin - thus making it difficult to have the required witnesses needed by prosecution for the purposes of conviction of these 'human traffickers'...Hence, many 'human traffickers' would easily be able to escape justice...

More details are required, and explanation must be given as to why so few have been convicted? Surely, by reason of the broad definition of 'trafficking in persons', there should have been so many more - How many companies/businesses were convicted? None?

There are so many different stages in 'trafficking of persons' - and as such for each victim, there should be quite a few different perpetrators - so why so few were convicted...

"trafficking in persons" means all actions involved in acquiring or maintaining the labour or services of a person through coercion, and includes the act of recruiting, conveying, transferring, harbouring, providing or receiving a person for the purposes of this Act; - Section 2, ANTI-TRAFFICKING IN PERSONS AND ANTI-SMUGGLING OF MIGRANTS ACT 2007

"exploitation" means all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs;

"coercion" means-

(a) threat of serious harm to or physical restraint against any person;
(b) any scheme, plan, or pattern intended to cause a person to believe that failure to perform an act would result in serious harm to or physical restraint against any person; or
(c) the abuse or threatened abuse of the legal process;

  12  Offence of trafficking in persons

 Any person, who traffics in persons not being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine.

15  Offence of profiting from exploitation of a trafficked person

Any person who profits from the exploitation of a trafficked person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to a fine of not less than five hundred thousand ringgit but not exceeding one million ringgit and shall also be liable to forfeiture of the profits from the offence. 

Now, even the easier offence to secure conviction, i.e. the withholding of passports, as we have heard of so many reported complaints and studies >>> only 18 convicted is absurd. 

Most disappointing was the fact that ' 42 civil servants from enforcement agencies were detained, investigated and necessary action taken for their involvement in activities related to human trafficking and smuggling in migrants'. What is necessary action? Were they simply warned...or were they just transfered to a different department or town...or were they simply dismissed from service. What is required is that they ve charged, tried and convicted - 'interior disciplinary action' is not acceptable..

Public Servants like this, who are expected to enforce the law, should be prosecuted with determination. The fact they were from enforcement agencies makes it an aggravating factor when it comes to sentencing. Were they not charged, tried, convicted because they may reveal the involvement of superior officers and maybe even the Minister? 

Faith need to be restored in public servants and enforcement agencies - the 'corrupt' and the 'criminals' need to be weeded out, prosecuted and convicted and certainly given a high punishments. The Government must ensure that such cases are highlighted in the media, and hopefully will deter other public servants from abusing their positions...

Are public servants being 'bribed'...or are they being threatened with harm...Is that the reason for such low numbers of convictions? How many public servants have been convicted? 

About 1,130 victims - Why only 16 allowed to move freely, and only 10 allowed to work? Why were all the 1,000 over victims allowed to move freely and work in Malaysia at least until the case against these 'human traffickers' was tried in court. 

Who were this victims? Country of origin? Victims of what type of 'human trafficking'?

On the face of it, the media report looks OK - but a closer analysis will cause much dissapointment especially with regard to the Minister in Charge, Ahmad Zahid Hamidi? 

 

33 convicted of human trafficking last year

Bernama

 

 | February 8, 2017

18 employers were also charged under the Passport Act 1966 for withholding passports of their employees.

PUTRAJAYA: Deputy Prime Minister Ahmad Zahid Hamidi said 100 convictions of human trafficking-related cases, involving 33 individuals, were recorded under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Atipsom) Act 2007 last year.

They included 79 convictions for human trafficking, nine convictions for smuggling of migrants, including in Wang Kelian, and 12 convictions under the Immigration Act, the Penal Code and other related acts.

Zahid, who is also home minister, said the increase in the success rate was the result of close cooperation and the continued commitment of the deputy public prosecutors, enforcement officers and officers who protect the human trafficking victims and members of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Council (Mapo).

“The number of investigation papers related to such cases also increased from 158 in 2015 to 326 in 2016, which marks a two-fold increase,” he said in a statement issued by the home ministry today.

The increase in investigations related to such cases reflects the commitment and close cooperation and enforcement of Mapo, which comprises the police, Immigration Department, Manpower Department, Customs and Malaysian Maritime Enforcement Agency, with the assistance of law enforcement bodies like the courts and the attorney-general’s office, he said.

Zahid, in the statement, said 18 individuals/employers were charged under the Passport Act 1966 for withholding passports of their employees, which provides for a maximum fine of RM10,000, or a jail term of up to 10 years, or both, upon conviction.

“During the same period, 42 civil servants from enforcement agencies were detained, investigated and necessary action taken for their involvement in activities related to human trafficking and smuggling in migrants.”

Zahid said 1,130 victims who were believed to have been exploited by their employers were given protection through placements at shelter homes throughout the country until December last year, and that a majority of them were women.

He said last year, 16 human trafficking victims were granted permission to move freely and 10 allowed to work in Malaysia before returning to their own country.

“The government, through Mapo, is always committed to combating crimes related to human trafficking. I urge all stakeholders to play a significant role by channelling information to the enforcement agencies,” he said.- FMT News, 8/2/2017