CHAPTER ONE: INTRODUCTION

1.0

Introduction
Human trafficking is the trade of humans, most commonly for the purpose of
sexual slavery, forced labour or commercial sexual exploitation for the trafficker
or others. The legal definition of human trafficking in Malaysia is found in the
Anti-Trafficking In Persons and Anti-Smuggling of Migrants Act 2007 is all
action 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. Lacunae in Malaysian law pertaining
to the issue of human trafficking has led to further development of illegal
activities such as forced labour and slavery.
Trafficking includes three elements. Firstly, the action of recruitment,
transportation, transfer, harbouring, or receipt of persons. Secondly, by means of
the threat or use of force, coercion, abduction, fraud, deception, abuse of power or
vulnerability, or giving payments or benefits to a person in control of the victim.
Lastly, for the purposes of exploitation, which includes exploiting the prostitution
of others, sexual exploitation, forced labour, slavery or similar practices, and the
removal of organs.
Human trafficking is slavery because traffickers use violence, threats, and other
forms of coercion to force their victims to work against their will. This includes
controlling their freedom of movement, where and when they will work and what
pay, if any, they will receive.
Due to the geographical location of Malaysia which is near the border of
Thailand, Singapore and Indonesia, it has become an ideal transit point for
trafficking activities. Malaysia is therefore faced with the necessity of preventing
the trafficking of people across borders. In Malaysia, the law pertaining to human
trafficking was laid down in Anti-trafficking in Persons Act 2007. However, the

law was not exhaustive and severe enough to cope with the issue of human
trafficking in Malaysia such as the issue degree of punishment towards the
traffickers and issue of protection towards the victim will be critically analyzed in
this research. The cases that that were found using Lexis Nexis regarding the issue
of degree of punishment and punishment in Malaysia are Mohamad Karim Bin
Bujang v PP [2014] 7 MLJ 207 and PP v Chap Jee & Ors [2014] 7 MLJ 214.
Thus, reference must be made to the United Statess legislation such as
Trafficking Victims Protection Act (TVPA) 2013, Justice for Victims of
Trafficking Act (JVTA) of 2015 and Preventing Sex Trafficking and
Strengthening Families Act of 2014.
1.1

Problem statement
Lacunae in Malaysian law pertaining to the issue of human trafficking has led to
further development of illegal activities such as forced labor and slavery. The fact
that Malaysia was unaware of the incident had indeed contributed a significance
number of cases on human trafficking.

1.2

Research Question
RQ1. The research question is mainly on whether by referring and making the law
Of United States as a reference can help in reducing the number of cases on
Human Trafficking in Malaysia?
RQ2. Is there any reformation that can be taken by the government to curb with
this issue?
RQ3. Later, the issue degree of punishment towards the traffickers and issue of
protection towards the victim will be critically analyzed in this research.

1.3

Research Objective
The objectives of this legal research proposal are:
RO1. To examine the defects of the law regarding human trafficking in Human
Trafficking codified in Anti-Trafficking in Person and Anti-Smuggling of
Migrants Act 2007 and compare it with the law in United States of America
such as the degree of punishment.
RO2.To identify what is the protection given to the victims of human trafficking.

1.4

Research Methodology
The methodology is a Qualitative Research. The first method is library-based
research. Few primary sources that were found and relevant to this research are
the Anti-trafficking in Person and Anti-Smuggling of Migrants Act 2007 in
particularly Part V where it emphasizes on the care and protection of the
trafficked person, Child Act 2007 in Section 32 of the act , Federal Constitution of
Malaysia in article 8 of the Federal Constituition it stated that equality towards all
person regardless their gender, nationality etc and Penal Code Malaysia
Next is internet-based research. Publication of report made by SUHAKAM in
issues pertaining of human trafficking was used in this research. Besides that,
Lexis Nexis was also used in this research.
Lastly is a qualitative method in form of interview. An interview had been
conducted with Dr Suhanna Binti Saad from Universiti Kebangsaan Malaysia. Dr
Suhanna had produce a journal Government Policy and the Challenge of
Eradicating Human Trafficking in Malaysia. The objective of interviewing Dr.
Suhana is to know how is the protection given by the government of Malaysia
towards the victim and whether the victim were fully protected. Besides that, an
interview had also been conducted with Puan Rozita Othman. Puan Rozita is a

lecturer in Universiti Teknologi Mara. She had been teaching Moral and Ethical
Issues in law for quite some times.
All the above methods are the methods that had been used in conducting this
research. These methods are very effective and will give a chance to increase the
understanding and effectiveness of the law pertaining to human trafficking in
Malaysia.
1.5

Scope and limitation

The scope of these research concern two countries which are Malaysia and United
States regarding the law on human trafficking.
There are a few limitations and obstacles during conducting this research. Firstly,
concerning the issue of geographical limitation. It is difficult to get reliable
sources from the authority of United States. Thus, reference must heavily be made
to online articles and journals.
Second, a problem concerning language barriers. Since the victims usually come
from a third world country, it is hard to communicate with them as they were not
very fluent in English.
Safety reasons will also be the main concern as it might be dealing with the
human traffickers.

1.6

Literature review (Conceptual and legal framework)

Human trafficking is a predominant concert to all part of the globe of the world.
In tackling the issue of human trafficking in Malaysia, a few problems had been
identified. The current law governing human trafficking issues in Malaysia are
Federal Constitution, Immigration Act, The Child Act (Act 611) and Penal Code.
However, the laws in Malaysia are not exhaustive enough to reduce the number of

cases on human trafficking especially on the protection given towards the victims
of trafficking. Loop holes in the Malaysians law have led to further development
of criminal cases such as prostitution, organ trafficking, and many more. Thus,
there is a need to legislate a new law which exhaustive enough to prevent human
trafficking, to prosecute the traffickers and as well as to protect the victims.
Nowadays, there is a significant increase of number of cases on human trafficking
happening worldwide as shown in A Global Report on Trafficking in Persons
by the United Nations Office.1 Human trafficking is actually an art of psychology
where deception was used to exploit the vulnerable i.e. woman and children by
taking away their freedom and let alone their dignity. The concept of equality
among equals was disregarded. A woman was forced to serve to as a prostitute, a
childs right to enjoy their childhood was taken away by a certain group of people
called trafficker.2 Their modus operandi usually is the same. At first, the
traffickers will lure the victim into wealth. Without thinking the consequences, the
victim may follow the traffickers blindly with the hope that their world will
change within no time.
Human trafficking is actually a crime revolves around sex industries, construction
industries and as well as organ trafficking. The traffickers will not treat the victim
as a human being.
They were forced to do something against their will, to surrender themselves to do
something outside their norms and many more. It was obviously a violation of
human right and against the law all over the world. For instance, prostitution
business in India had generated $400 billion where 100,000 prostitutes have been

1 United Nations of Drugs and Crime,UNODC Report on Human Trafficking Expose Modern Form of
Slavery, (UNODC Everywhere), (New York, n.d) < https://www.unodc.org/unodc/en/frontpage/unodcreport-on-human- Trafficking- exposes-modern-form-of-slavery-.html > accessed 19 April 2016.
2 Agbonlahor, Girl Forced to Have Sex with 110 Men in One Day after Being Traffic Into Prostitution
onHoliday in Greece, (21 January 2016) <http://www.irishmirror.ie/news/girl-sex-110-men-one-7221193>
accessed 19 April 2016.

reported to be kidnap and was trafficked to all over the world.3 The problem arises
when some of the authority was also involved in this shameful conspiracy to
commit human trafficking. The traffickers may offer the police with sexual
service in order for them to not get caught. Based on the report made by the State
Department Trafficking in Persons, the most brutal thing is that parent may also
be involved in this heinous crime.it is clearly portrayed in a report from an
international newspaper highlighted on how a child in Afghanistan was sold as a
bride for an exchange of a loan given to him.4
The study shall include the needs to specify the definition of trafficking which
covers all of persons involved to avoid any confusion in the future. Plus,
recommendation should be made on how the punishment should be reviewed by
the law maker as it will show how heinous this crime is. Lastly, all the reasonable
means will be discovered as a step taken to protect the victim of human
trafficking.
In a conclusion, based on all the materials that had been gathered, Malaysia is
slowly improving in combating this crime. However, due to lack of
implementation and enforcement of the law, the society has taken this issue
lightly.

3 Tiwari, Human Trafficking and Prostitution in India, A Contrario ICL, (India, 2

November, 2012) < https://acontrarioicl.com/category/organized- crime/humantrafficking/ > accessed 19 April 2016.
4 Martin, Human Trafficking and Modern- day Slavery, US. State Departmen Trafficking in Persons
Report (United States, June 2009) <http://gvnet.com/humantrafficking/Afghanistan.htm> accessed 19
April 2016.

1.7Provisional plan of research

Activities
Consultation with
supervisor
Finding sources
on research topic
Conducting
interview
Analyzing data
gathered through
the interview
session
Finalizing all
information and
material gathered
Write and
evaluate draft
Submission of
project paper

Weeks
7
8

10

11

12

13

Figure 1: Timeline of research

Week 1:

There is a 14- week plan for this project paper. The first activity that will
be carried out is the first meeting with the supervisor.

Week 2-3:

On the second and third week of this project will focus on the finding of
sources for this project paper. After that, consultation with the supervisor
will take place.

14

Week 4-6:

The interviews with the all the relevant authority and experts on the field
of Human Trafficking will be held for 3 weeks from week 4 until week 6.
The consultation with the supervisor will still be going on within the three
weeks.

Week 7-10:

All the data gathered from the interviews session with the experts will be
gathered and will be critically analyzed.

Week 11-12: On week 11 and 12, all the information gathered will be finalized.
Consultation with the supervisor will be carried out.
Week 13:

The writing and evaluating will be done in this week.

Week 14:

The project paper will be submitted on the 14th week.

1.8

Conclusion (Presumption of Conclusion)