Effects of the Amendments to the Anti-Human Trafficking Bill

1. Expansion of Council for Anti-Trafficking in Persons and Anti-Smuggling of

Migrants
The bill first introduces an expansion of the existing Council for Anti-Trafficking in
Persons and Anti-Smuggling of Migrants. This amendment will introduce the inclusion of
the Director-General of the Department of Womens Development, Social Welfare
Department, Department of Labour of Peninsular Malaysia and directors of
Department of Labour Sabah, Department of Labour Sarawak.
This is a great initiative that improves inter-ministerial working relations, and possible
improving policy enforcement outcomes. It also decentralizes power to civil servants who
are directly involved in the day-to-day running of government, as only high level
ministers were included in the council before. It also ensures more protection for
vulnerable groups of people who are most vulnerable to trafficking, such as women.
However, one recommendation would be an involvement of any governmental agencies
that deal with under-aged children.
2. Formation of High Level Committee
A new High-Level Committee will be established comprising ministers of the Ministries
who are represented on the Council. It is unclear why such a committee is needed and
whether this will result in a more efficient problem solving solution to the human
trafficking problem in Malaysia.
3. Lengthening of Detention Period
The government/police has the ability to make an interim protection order for the person
to be placed at a place of refuge for a period of twenty-one days for the purpose of
carrying out an investigation. This is an increase from the previous fourteen days.
4. Monetary Compensation + Allowance
The Court before which a person is convicted of an offence under this Act may make an
order for the payment of a sum fixed by the Court by way of compensation by the
convicted person to the trafficked person.
The newly-strengthened council may also determine the amount of any allowance to be
paid to the trafficked person, subjected to the availability of funds.
These two amendments will protect the financial security of the trafficked victims.
5. Employment
Permission to move freely and to work 51a. (1) Subject to any regulations made under
section 66, any person to whom an interim protection order has been granted, or any
trafficked person to whom a Protection Order has been granted, may be given

permission by the Council (a) to move freely; or (b) to be employed, engaged or

contracted with to carry out work in any occupation during the period of the interim
protection order or Protection Order, as the case may be. (2) A foreign national who is
granted permission to work under subsection (1) shall be subject to any restrictions and
conditions as may be imposed by the relevant authorities relating to employment of
foreign nationals in Malaysia..
The Council may grant temporary work permits to trafficking victims.
CONCLUSIONS
The bill strengthens the power of the existing Council, allowing them to give out
allowance and determine employment for trafficking victims. However, the council, even
after the expansion, lacks the involvement of any governmental agencies to deal with
children, who remain extremely vulnerable as trafficking victims.
Furthermore, the bill allows allows trafficking victims to have some financial security as
they might be allowed to work, or to be paid an allowance.
It also guarantees them more protection as the court can decide the level of monetary
compensation to be paid by the human traffickers.