FACULTY OF LAW

UNIVERSITI TEKNOLOGI MARA

A LEGAL COMPARISON ON THE LAW REGARDING HUMAN
TRAFFICKING BETWEEN MALAYSIA AND
UNITED STATES OF AMERICA

Prepared by:
MOHAMAD AZHARI BIN AHMAD
2014484942
SOFINA THAQIFAH BT ZULKIFLI
2014699468
NURUL AIMAN BT ABDUL RAHMAN PUTRA
2014287176
This is a research proposal submitted for the subject of LAW 557
(Legal Research and Methodology)

Prepared for:
ASSOC PROF NORHA ABU HANIFAH
Lecturer of Legal Research & Methodology
LAW 557
Date of Submission
20 JUNE 2016

Table of Contents
Number
1
2
3
4
5
6
7
8
9
10
11
12

1.0

Aspects

Page

Title
Introduction
Problem statement
Research question
Objective of study
Methodology
Scope
Limitation
Contribution of study
Literature review
Provisional plan of research
References

Title
A Legal Comparison on the Law Regarding Human Trafficking between Malaysia
and United States.

2.0

Introduction

Human trafficking is the trade of humans, most commonly for the purpose of
sexual slavery, forced labor, or commercial sexual exploitation for the trafficker
or others. The legal definition of human trafficking 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.
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 also 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, 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. Thus, reference must be made to United

States.
3.0

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.

4.0

Research Question
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? Is there any reformation that can be taken by the
government to curb with this issue? Later, the issue degree of punishment towards
the traffickers and issue of protection towards the victim will be critically
analyzed in this research.

5.0

Objective of study
The objective of this legal research proposal are:
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.
To identify what is the protection given to the victims of human trafficking.

6.0

Methodology
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, Child Act 2007, Federal Constitution of

Malaysia 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. The cases that that were found using
Lexis Nexis are Mohamad Karim Bin Bujang v PP [2014] 7 MLJ 207 and PP v
Chap Jee & Ors [2014] 7 MLJ 214. These two cases illustrated on the degree of
punishment and protection given towards the victim of human trafficking in
Malaysia.
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. 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.

7.0

Scope
The scope of this research concern two countries which are Malaysia and United
States regarding the law on human trafficking.

8.0

Limitation
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.

9.0

Contribution of study
This research will benefit few parties such as the non- Governmental
Organizations (NGO). This research will highlight the protection of the victims so
that the non- Governmental Organizations will know what the protections are
provided under the law. It will assist the Non-Governmental Organizations when
they are providing helps to the victims of human trafficking. Besides that, this
research will benefit the law maker. By highlighting the defect of the law of
human trafficking in Malaysia, it will assist the law makers in Malaysia in
improving the law. And lastly, this research will create awareness among the
citizens in taking extra precaution when accepting job offer so that people will not
fall as a victim of human trafficking.

10.0

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.2 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.3 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
United Nations of Drugs and Crime,UNODC Report on Human
Expose Modern Form of Slavery, (UNODC Everywhere), (New

Trafficking
York, n.d)
< https://www.unodc.org/unodc/en/frontpage/unodc-report-on-humanTrafficking- exposes-modern-form-of-slavery-.html > accessed 19 April 2016.
2

Ibid.

Agbonlahor, Girl Forced to Have Sex with 110 Men in One Day after Being
Traffic Into Prostitution on Holiday in Greece, (21 January 2016)
<http://www.irishmirror.ie/news/girl-sex-110-men-one-7221193> accessed 19
April 2016.
3

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 reported to be kidnap and was trafficked to all over the
world.4 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.5
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.

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

2 November, 2012) <
https://acontrarioicl.com/category/organizedcrime/human-trafficking/ > accessed 19 April 2016.
4

Martin, Human Trafficking and Modern- day Slavery, US. State Department
Trafficking in Persons Report (United States, June 2009)
<http://gvnet.com/humantrafficking/Afghanistan.htm> accessed 19 April 2016.

11.0

Provisional 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.

14

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.

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.

11.0

References

Statutes
Anti-trafficking in Person and Anti-Smuggling of Migrants Act 2007
Child Act 2007
Federal Constitution of Malaysia
Penal Code Malaysia
Cases
Chap Jee & Ors [2014] 7 MLJ 214
Mohamad Karim Bin Bujang v PP [2014] 7 MLJ 207
Online articles
Agbonlahor, Girl Forced to Have Sex with 110 Men in One Day after Being Traffic Into
Prostitution

on

Holiday

in

Greece,

(21

<http://www.irishmirror.ie/news/girl-sex-110-men-one-7221193>

January
accessed

2016)
19

April

2016.
Martin, Human Trafficking and Modern- day Slavery, US. State Department
Trafficking

in

Persons

Report

(United

States,

June

2009)

<http://gvnet.com/humantrafficking/Afghanistan.htm> accessed 19 April 2016.

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

2012)

<

https://acontrarioicl.com/category/organized-crime/human-

trafficking/ > accessed 19 April 2016.

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/unodc-report-on-human-trafficking-exposesmodern-form-of-slavery-.html > accessed 19 April 2016.