LETTERS: Malaysia has committed itself to combating human trafficking through efforts that encompass prevention, protection and prosecution (3P).
This is demonstrated through frequent raids and rescues in places of interest and establishments that are suspected of employing trafficked persons.
Further improvement is demonstrated through the amendment to the Anti-Trafficking in Persons and Anti-Migrant Smuggling Act 2007 (ATIPSOM), which removed the mandatory requirement of "coercion" in trafficking and added on further forms of trafficking.
Another initiative is anti-human trafficking advertisements in the media and billboards that warn people of the danger of human trafficking.
These adverts serve as a stark reminder to the public to be cautious of job scams or other offers in Malaysia or abroad.
In conjunction with World Day Against Trafficking in Persons, which falls on July 30 every year, we need to ensure that we reach out to victims of trafficking.
The elevation from Tier 3 to the Tier 2 Watch List in the United States State Department's Annual Trafficking in Persons (Tip) report is a testament to our commitment to fight trafficking.
The tier level improvement was based on Malaysia addressing trauma, victim identification and reforming the ATIPSOM anti-trafficking laws.
In Malaysia, work agencies are required to be registered but not work agents themselves.
There is no regulation or requirement for agents to have a licence.
There is also no licensing procedure for employees of a work agency, which means that people can acquire the title of a work agent if they are employed by a work agency.
This is problematic because it brings to light the fact that work agents are not regulated.
It also shows that work agents may not have adequate understanding or knowledge on exploitation, employment law, human rights, human trafficking and smuggling.
Many of them might not even understand the fundamental principles of human rights, which are premised on empathy and natural justice.
As a result, some workers may end up being trafficked with no recourse to justice, and traffickers can continue to exploit them.
Many migrant victims enter Malaysia legally and have a valid passport and tourist visa, but are later exploited by their employers or traffickers.
The job agent, in this instance, plays a significant role. A fee can also be imposed by traffickers to make offers seem legitimate.
Interviews are sometimes held to convince victims and remove doubts.
Traffickers can either operate in silos or in a large organisation with an established network.
In both instances, the modus operandi of trafficking is structured, organised and systematic.
Therefore, traffickers can be considered as organised criminals given their network and operating style.
Organised criminals differ from organised crime. While the former may work individually or comprise of a small group of people, the latter would have an established network that transcends borders and sectors.
Fighting human trafficking is a concerted effort and cannot be left to the authorities.
It is important to inculcate human trafficking in children, youth and the public to help the authorities fight human trafficking.
With effort, Malaysia can strengthen, develop and improve the 3R framework that could lead to an upgrade of Tier 2 of the US Tip Report.
DR HAEZREENA BEGUMABDUL HAMID
Criminologist and senior lecturer
Faculty of Law, Universiti Malaya
The views expressed in this article are the author's own and do not necessarily reflect those of the New Straits Times