HUMAN TRAFFICKING DEFINITION Human trafficking is the illegal trade in human beings for the purposes of reproductive slavery,

commercial sexual exploitation, forced labour, or a modern-day form of slavery. Malaysia Best Practices Prevention Domestic Governmental The Government provided direct financial support to 75 different NGOs dedicated to women and girls' welfare. While these NGOs did not specifically target trafficking, victims, they were available to help repatriated Malaysian victims and foreign victims who had been released into the custody of their embassy or consulate. Malaysia passed the Child Act 2002 to outlaw pornography. Local women's NGOs are working with the Bar council to draft legislation specifically aimed at prosecuting traffickers and protecting victims. The government is using the media to educate the public about the perils of human trafficking by exposing the abuses suffered by women and children as a r esult of trafficking. International Governmental Malaysia signed an agreement with the Philippines and Indonesia to cooperate on transnational crimes, including trafficking in persons, and will initiate law enforcement contact with its neighbours. Special cooperation is underway between the states of Sabah and Sarawak and the Indonesian state of Kalimantan. Malaysia is cooperating with ASEAN-POL and INTERPOL to prevent international human trafficking. A watch-list of identified traffickers is maintained to identify human trafficking culprits. Prosecution Domestic Governmental The Women and Girls Protection Act of 1973 provides for punishing traffickers or other persons who:

i. ii. iii. iv.

take Malaysian women in and out of the country under false pretences or by fraudulent means for prostitution, bring into Malaysia , receive or harbour women or girls for the purpose of prostitution, act as an intermediary or exercise control or influence over the movement of a person in such manner as to aid or abet prostitution, or advertise or offer a woman for prostitution.

The constitution of Malaysia prohibits slavery, but the provision has not been invoked in cases of trafficking in persons. However, in order to prosecute traffickers, Malaysian officials use other laws such as the Immigration Act and Restricted Residency Act. The new Immigration Act of 2002 has resulted in the decrease of the number of illegal residents in the country, and it is thought the number of trafficked victims. However, the government did not prosecute anyone specifically for the offense of trafficking in persons in 2002. Most traffickers are prosecuted as smugglers under the immigration statute and as a result receive only fines or light sentences. Immigration officials have stepped up border security measures and are scrutinizing foreign visa applicants more closely to look for potential trafficking victims. Protection Domestic Governmental Overseas, the Ministry of Foreign Affairs provides assistance to Malaysian victims trafficked abroad. Nongovernmental A number of active women's NGOs provide assistance to victims of trafficking. International Conventions Malaysia has signed and ratified the Convention on the Rights of the Child; Convention on the Elimination of All Forms of Discrimination against Wom en; Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.

Government Agencies Department of Social Welfare The Social Welfare Department was established in 1946 with the task to create a caring Malaysian society. Ministry of Foreign Affairs - Social and Cultural Affairs Section The Assistant Secretary of Social and Cultural Affairs Section is the designated point of contact for trafficking issues at the Ministry of Foreign Affairs.

Ministry of Home Affairs - Royal Malaysian Police The Royal Malaysian police regularly conduct raids on brothels. Ministry of Home Affairs Anti-Vice Task Force In 2002, the Ministry of Home Affairs formed a special anti -vice task force to target trafficking and prostitution networks and to identify and deport foreign women who entered the country, legally or illegally, and subsequently engaged in the sex trade. Women and Girls Protection Act, Act 106 (1973) - Part 1 - Preliminary (Taken verbatim from http://www.protectionproject.org/) An Act to amend and consolidate the law relating to the protection of women and girls and to provide for matters incidental thereto. Women and Girls Protection Act, Act 106 (1973) - Part 2 - Powers of the Minister (Taken verbatim from http://www.protectionproject.org/) PART II-POWERS OF THE MINISTER 3. Women and Girls Protection Act, Act 106 (1973) - Part 3 - Powers of Detention and Enquiries (Taken verbatim from http://www.protectionproject.org/) PART III -POWERS OF DETENTION AND ENQUIRIES 7. Women and Girls Protection Act, Act 106 (1973) - Part 4 - Offences (Taken verbatim from http://www.protectionproject.org/) PART IV -OFFENCES 16. Women and Girls Protection Act, Act 106 (1973) - Part 5 - Powers of Search, Seizure and Arrest and Penalties for Obstructing the Exercise of Such Powers (Taken verbatim from http://www.protectionproject.org/) PART V - POWERS OF SEARCH, SEIZURE AND ARREST AND PENALTIES FOR OBSTRUCTING THE EXERCISE OF SUCH POWERS 23. Women and Girls Protection Act, Act 106 (1973) - Part 6 - Miscellaneous (Taken verbatim from http://www.protectionproject.org/) An Act to ame nd and consolidate the law relating to the protection of women and girls and to provide for matters incidental thereto. Women and Girls Protection Act, Act 106 (1973) - First Schedule (Taken verbatim from http://www.protectionproject.org/) SECOND SCHEDULE (Section 38 (3) Women and Girls Protection Enactment of the State of Johore Cap. Women and Girls Protection Act, Act 106 (1973 ) - Second Schedule (Taken verbatim from http://www.protectionproject.org/) SECOND SCHEDULE (Section 38 (3) Women and Girls Protection Enactment of the State of Johore Cap. Women and Girls Protection Act, Act 106 (1973) - Definition of Rape

(Taken verbatim from http://www.protectionproject.org/) DEFINITION OF RAPE Rape A man is said to commit "rape" who, except in the case hereinafter excepted, has sexual intercourse with a woman under circumstances falling under any of the following descriptions: First - Against her will. Women and Girls Protection Act, Act 106 (1973) - Presumption (Taken verbatim from http://www.protectionproject.org/) Presumption that boy under 13 cannot commit rape. The Child Act The Child Act prohibits all forms of trafficking of children under 18, and the penal code comprehensively addresses trafficking for the purpose of prostitution.

Government Action Plans Action Plan Overview Although there is no specific action plan pertaining to human trafficking, Malaysian laws protect women against rape, kidnapping, abduction, criminal assault, and forced labor. Non-governmental Organizations Malaysian Bar Council - Badan Peguam Malaysia The Malaysian Chinese Association reported that it assisted 73 trafficking victims in escaping from vice syndicates during 2003. All Women's Action Society (AWAM) AWAM's programs focus on Lobbying and Advocacy and Training and Education to prevent violence against women. Malaysian Chinese Association (MCA) The Head of the Public Service and Complaints Department assists Malaysian victims of trafficking and their families. SUHAKAM (Malaysian Human Rights Commission) SUHAKAM organized diagloues with various stakeholders throughout the year 2003 and in early 2004. Tenaganita (Women's Force) Tenaganita is non-profit organization, born out of the struggles of women workers in the plantations and in the industrial sector especially women in free trade zones. Women's Aid Organization WAO is an NGO, established in 1982, that provides shelter, counseling and assistance to women victims of violence and their children.