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Summary

Malaysia has enacted specific legislation related to trafficking in persons and smuggling of migrants, which was most recently amended in 2015.  The legislation established a council of senior government officials and a new High Level Committee of ministers to make decisions on recommendations made by the council.  The council formulates policies and programs, including in relation to enhancing public awareness of human trafficking in the protection of trafficked persons, and is responsible for gathering data and authorizing research on human trafficking issues.

The council includes representatives from the five enforcement agencies with powers and responsibilities related to investigating human trafficking and migrant smuggling: the Royal Malaysian Police, Labour Department, Immigration Department, Royal Malaysian Customs Department, and Malaysian Maritime Enforcement Agency.  Both the Police and the Labour Department have specialized anti-trafficking units.  Enforcement officers receive training in investigating and handling human trafficking cases.  Special prosecutors have also been appointed and have received training in victim-centered approaches to trafficking cases.  The training programs have included regional programs and cooperative efforts with international organizations, particularly the International Organization for Migration.

I.  Legal Framework

A.  Overview of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007

The Malaysian Constitution prohibits slavery and forced labor.[1]  The Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670) (ATIPSOM Act) is the specific legislation that addresses human trafficking.  It was enacted in July 2007 and came into force in February 2008.[2]  The legislation was most recently amended in November 2015.[3] 

The ATIPSOM Act was enacted pursuant to the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the UN Convention Against Transnational Organized Crime. Malaysia ratified the Convention in 2004 and the Protocol in 2009.[4]  Amendments in 2010 to add provisions related to smuggling of migrants were made pursuant to the Protocol Against the Smuggling of Migrants by Land, Air and Sea, which Malaysia has not yet signed.[5]

Under the Act, Malaysian courts have jurisdiction to hear prosecutions of any person charged with an offense under the Act, whether or not the alleged offense occurred within or outside Malaysia and regardless of the nationality of the offender, if Malaysia is a receiving country, transit country, or if the trafficking starts in Malaysia.[6]  The Act also extends jurisdiction to extraterritorial offenses committed by Malaysian citizens or permanent residents.[7]

Part II of the ATIPSOM Act established the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants, commonly referred to as MAPO, which consists of various government officials and five representatives from nongovernmental organizations.[8]  The 2015 amendments added a new Part IA to the Act, establishing a High Level Committee of certain government ministers that is tasked with deliberating on and making decisions regarding recommendations made by MAPO.[9]

Part III of the ATIPSOM Act sets out a number of offenses related to trafficking in persons,[10] while Part IV relates to smuggling of migrants.  The main offense of trafficking in persons for the purpose of exploitation may be punished with up to fifteen years in prison;[11] where threats, use of force, abduction, etc. are involved, the punishment is from three to twenty years of imprisonment.[12]  Trafficking in children also attracts a maximum twenty-year term.[13] Persons convicted of these offenses can also be fined.  Other offenses include profiting from the exploitation of a trafficked person; making, obtaining, giving, selling, or possessing fraudulent travel or identity documents; recruiting others to participate in an act of trafficking in persons; providing facilities or services in support of trafficking in persons; and harboring persons involved in trafficking in persons.[14]

A trafficked person is immune from prosecution in relation to illegally entering the receiving or transit country, unlawful residence in a country, or his or her procurement or possession of any fraudulent travel or identity document.[15]

Similar types of offenses related to smuggling of migrants are contained in Part IIIA of the Act. There is no immunity provision applicable to smuggled migrants in this Part.

Part IV relates to enforcement of the legislation.  It provides that the following officers may exercise powers of enforcement under the Act:

(a) any police officer;

(b) any immigration officer;

(c) an Officer of customs;

(d) any officer of the Malaysian Maritime Enforcement Agency; and

(e) any Labour Officer.[16]

Part V of the Act, related to the care and protection of trafficked persons, makes provision for the appointment of social welfare officers as Protection Officers.[17]  There are also provisions relating to protection orders, whereby a person is placed at a shelter home,[18] and for the medical treatment and hospitalization of trafficked persons.[19]  A new provision, added by the 2015 amendment legislation, enables trafficked persons to be given permission by MAPO to move freely or to be employed outside of refuges.[20]

Provisions in Part VI of the ATIPSOM Act prohibit media reporting and publication of certain matters and particulars of trafficked persons,[21] and contain rules relating the admissibility in court of various documentary and testamentary evidence.[22]  The 2015 amendment legislation added provisions to this Part that enable a court to order a person convicted of an offense under the Act to pay compensation to the trafficked person.[23]  Where there is no conviction, a person can still be ordered to pay any wages in arrears to the trafficked person.[24]

Other legislation that may be invoked to prosecute trafficking or trafficking-related offenses include the Penal Code, which criminalizes trafficking for the purposes of prostitution along with other prostitution-related offenses, forced labor, and habitual dealing in slaves;[25] the Employment Act 1955, which contains minimum labor protection standards and provisions related to domestic servants;[26] the Children and Young Persons (Employment) Act, which provides for limited employment of children in light work in certain sectors;[27] the Private Employment Agencies Act 1981, which regulates recruitment agencies and grants the Director General of Labour investigatory and inspection powers;[28] the Child Act 2001, which prohibits exploitative acts, custody transfers for any valuable consideration, and bringing a child into Malaysia on false pretenses as well as taking a child out of Malaysia without parental consent;[29] the Passports Act 1966, which criminalizes the withholding of passports;[30 as well as the Immigration Act 1959, Maritime Enforcement Agency Act 2004, Customs Act 1967, Security Offenses (Special Measures) Act 2012, and the Anti-Money Laundering and Anti-Terrorism Financing Act 2001.[31]

B.  Documents Related to Policies and Procedures

In 2009, MAPO published the National Action Plan Against Trafficking in Persons (2010–2015).[32]  The Plan contains several guiding principles: government ownership of the issue, civil society participation, human rights-based treatment of victims, interdisciplinary coordination at the governmental level and with international organizations and nongovernmental organizations, and systematic evaluation and sustainability.[33]  The nine program areas in the Plan include “strengthening legal mechanisms, joint action of law enforcement agencies, prevention, protection and rehabilitation, capacity-building and partnership.”[34]  It appears that a new plan for the period 2015 to 2020 has not yet been finalized or published.

In November 2013, Standing Operating Procedures (SOP) for enforcement agencies with respect to human trafficking, and a separate SOP document related to the prosecution of trafficking offenses, were issued by MAPO.[35]

MAPO also appears to issue other policies as needed, such as a March 2014 policy statement regarding allowing labor trafficking victims to work in Malaysia.[36] This preceded the 2015 legislative changes related to permission to work.

C.  State Department and UN Assessments of Law and Practice

Malaysia was given a Tier 3 placement in the US State Department’s 2007 and 2009 Trafficking in Persons Report.  This placement is assigned where a country’s government does not fully comply with minimum standards and is not making significant efforts to do so.  Subsequently, the Malaysian government increased its efforts in the area of human trafficking prevention and prosecution in order to move back to and remain at the Tier 2 Watch List level.  It was placed in this category from 2010 to 2013, but was again downgraded to the Tier 3 level in the 2014 report,[37] regarding which placement the Malaysian government expressed disappointment and its belief that the information used for the report was flawed.[38]  Malaysia was moved back to the Tier 2 Watch List in the 2015 report.[39]

In early 2015, a United Nations special rapporteur visited Malaysia to “examine the prevalent  forms  of  trafficking  in  persons  in  the  country  and  to  assess  the  effectiveness  of  measures taken by the Government to combat trafficking in persons and to protect the human rights of trafficked persons.”[40] One of her observations was that “coordination of work between government bodies remains a challenge, partly owing to their varying level of commitment to the issue of trafficking and their understanding of trafficking and its impact on/relevance to their work.”[41]  She stated that enforcement officers have inadequate capacity to accurately identify trafficked persons,[42] and she was also concerned about the “limited information-sharing and disjointed coordination between government bodies at the federal and State levels.”[43]  In addition, she commented that the scope of civil society participation should be widened with respect to combatting human trafficking.[44] 

The special rapporteur made a number of recommendations related to improving the legal framework, establishing a data collection system, training and capacity-building, support for victims of trafficking, cooperation with international and regional organizations, prosecution of trafficking cases, and raising public awareness about trafficking in persons.[45]

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II.  Roles and Responsibilities of Government Agencies in Combating Human Trafficking

A.  Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants (MAPO)

MAPO is made up of senior officials from a number of government agencies and has a range of functions related to preventing and combating trafficking in persons and smuggling of migrants, including: coordinating the implementation of the Act; formulating policies and programs, including protective programs for trafficked persons; increasing public awareness; monitoring immigration and emigration patterns; advising the government on the issues, including developments at the international level; coordinating the formulation of policies and monitoring their implementation with relevant agencies and nongovernmental organizations; cooperating and coordinating with governments and international organizations; collecting and collating data and information; and authorizing research.[46]

The following members of MAPO are currently specified in the legislation:

  • (a)   the Secretary General of the Ministry responsible for internal security, who shall be the Chairman;

  • (b)   the  Secretary General of the Ministry responsible for foreign affairs, or his representative;

  • (c)   [deleted]

  • (d)  the  Secretary  General  of  the  Ministry responsible for women, family and community development, or his representatives;

  • (e)  the  Secretary General of the Ministry responsible for human  resources, or his representative;

  • (f)   the Secretary General of the Ministry responsible for transport, or his representative;

  • (g)  the Secretary General of the Ministry responsible for information, or his representative;

  • (h)  the Attorney General of Malaysia, or his representative;

  • (i)  the Inspector General of Police, or his representative;

  • (j)  the Director-General of Immigration, or his representative;

  • (k)  the Director-General of Customs, or his representative;

  • (l)  the Director-General of Malaysian Maritime Enforcement, or his representative;

  • (la)  the Director-General of the Department of Women’s Development, or his representative;

  • (lb)  the Director-General of Social Welfare Department, or his representative;

  • (lc)  the Director-General of Labour, Department of Labour of Peninsular Malaysia, or his representative;

  • (ld)  Director of Labour, Department of Labour Sabah, or his representative;

  • (le) Director of Labour, Department of Labour Sarawak, or his representative;

  • (m)  a representative of the following Ministries:
  • (i)  the Ministry responsible for internal security;

  • (ii)  the Ministry responsible for defence;

  • (iii)  the Ministry responsible for medical and health service;

  • (iv)  the Ministry responsible for development of youth and sports;

  • (v)  the Ministry responsible for international trade and industry;

  • (vi)  the Ministry responsible for plantation industries and commodities;[47]

            . . .

The membership also includes up to three people from nongovernmental organizations with expertise related to trafficking in persons, and up to two people with expertise related to smuggling of migrants.[48]

MAPO has formed several committees on particular issues: a legislation committee (led by the Attorney-General’s Chamber), enforcement committee (led by the Royal Malaysian Police), protection and rehabilitation committee (led by the Ministry of Women, Family and Community Development), a special committee to study the labor trafficking issue (led by the Ministry of Human Resources), and a media and publicity committee (led by the Ministry of Information, Communication and Heritage).[49] 

MAPO is supported by a secretariat situated within the Ministry of Home Affairs.[50]

The new High Level Committee that will make decisions on MAPO’s recommendations is made up of the ministers of the ministries represented on MAPO and is chaired by the minister responsible for internal security.[51]

B.  Enforcement Agencies

The five types of enforcement officers identified in the ATIPSOM Act, listed above, are from the following government agencies:

  • Royal Malaysian Police
  • Labour Department (part of the Ministry of Human Resources), as well as the equivalent departments in Sabah and Sarawak (on the island of Borneo)
  • Immigration Department (part of the Ministry of Home Affairs)
  • Royal Malaysian Customs Department
  • Malaysian Maritime Enforcement Agency

Under the ATIPSOM Act, enforcement officers are required to “investigate into the circumstances of the person’s case for the purpose of determining whether the person is a trafficked person.”[52]  The UN special rapporteur noted that the above entities “have a primary responsibility for identifying trafficking in collaboration with each other.”[53]  They are all represented on the enforcement committee of MAPO, whose main functions are to “rescue victims of trafficking and detain perpetrators, investigate cases, prevent trafficking, raise awareness and build capacity of its members.”[54]  The enforcement officers from the different agencies have the power to “arrest, conduct search and seizure, and examine persons.”[55]  The SOP, referred to above, “guides the methods of accomplishing tasks and establishes general performance standards, including in the area of investigation, raid, arrest, rescue and networking/coordination among enforcement agencies.”[56]

The Royal Malaysian Police has a specialized anti-trafficking unit; the 2014 State Department human trafficking report stated that an additional 101 officers had been hired for this unit in 2013.[57]  The Labour Department also has specialist labor inspectors “empowered to identify and investigate cases of trafficking, as well as rescue victims. They also apprehend suspects and testify in court.”[58]

C.  Protection Officers

Protection Officers have responsibilities related to the care and protection of trafficked persons at places of refuge.[59]  They have the “power to supervise the trafficked person upon order by the Magistrate or direction by the Minister.”[60] 

Protection Officers are also responsible for inquiring into the backgrounds of such persons[61] and for preparing a report for the consideration of the Magistrate’s Court, which is produced jointly with an enforcement officer.[62]  Based on this report, if the Magistrate is satisfied that a person is a trafficked person in need of care and protection, he or she may issue a Protection Order requiring the person to by placed in a “place of refuge” for a period of time.[63]

D.  Special Prosecutors

Under the ATIPSOM Act, prosecutions for human trafficking or migrant smuggling offenses cannot be instituted without the written consent of the Public Prosecutor.[64]  Where criminal proceedings are instituted, the Public Prosecutor may apply for a trafficked person to appear before a Sessions Court for the purpose of recording his or her evidence under oath.[65]
The UN special rapporteur noted that, within the Attorney General’s Chambers, twenty-eight deputy public prosecutors specializing in trafficking have been appointed.[66] 

E.  Dedicated Courts

According to the Human Rights Commission of Malaysia (Suruhanjaya Hak Asasi Manusia Malaysia, SUHAKAM), the Home Minister stated in October 2014 that dedicated courts would be established “to hear and expedite cases under ATIPSOM.”[67]  No further information was located regarding the establishment of such courts.

F.  Human Rights Commission

SUHAKAM receives complaints about human trafficking and acts “as a bridge between complainants and enforcement agencies to ensure that immediate and appropriate action is taken on every complaint.”[68]  SUHAKAM states that it

holds the view that human trafficking and smuggling of migrants should be dealt with great urgency by the relevant authorities. In supporting the country’s effort to combat human trafficking, SUHAKAM has held various dialogues and roundtable discussions with relevant Government agencies and other stakeholders, as well as made submissions to the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants (MAPO) in Malaysia. SUHAKAM also conducts periodic visits to shelters for victims of human trafficking and continues to promote greater awareness among all levels of the society of the danger of human trafficking as well as the importance to ensure the human rights of trafficked victims are guaranteed from the moment they are rescued, and during their rehabilitation and re-integration into society.[69]

The UN special rapporteur noted that SUHAKAM “plays an active role” in combatting human trafficking, including through receiving and inquiring into complaints relating to trafficking in persons and monitoring shelters and detention facilities.  It also “proposes and formulates policies and standard operating  procedures,  raises  awareness  and  engages  with  stakeholders  at  the  national, regional and international levels.”[70]

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III. Training Programs Provided to Law Enforcement Agencies and Other Government Agencies

Malaysia’s national news agency, Bernama, has information on its website stating that “MAPO conducts year-round training programmes and workshops aimed at increasing awareness in the need to eradicate human trafficking and migrant smuggling; strengthening enforcement procedures, investigation methods, evidence gathering and victim protection; and enhance inter-agency cooperation within the Home Affairs Ministry as well with non-government organisations (NGOs).”[71]

The programs listed on the website are only those conducted in 2011 and 2010:

  • 2011
  • Programme On Cooperation In The Field Of Immigration Between The Government Of Malaysia And The Government Of Netherlands (Mar 12 – 25, 2011)
  • Coordination Meeting For The Implementation Of The Foreign Nationale [sic] Management Lab Initiative (MPWA) BIL. 1/2011 (Mar 3, 2011)
  • KDN Meet-the-client Day And KDN With The People Programme (Mar 3 – 5, 2011)
  • 2010
  • Workshop on Trafficking in Persons, Smuggling of Migrants and International Cooperation in collaboration with The Asian-African Legal Consultative Organisation (AALCO) (24-26 Nov, 2010)
  • Human Trafficking Victims Protection Officer Training Workshop (21-23 Nov, 2010)
  • Talk on Undercover and Integrity Testing/Information Management and Standard Operating Procedure for Anti-Trafficking in Persons (SOP for ATIP) by invited speaker from the Malaysian Anti-Corruption Commission (MACC) (26 Oct, 2010)[72]

References have also been found to various other training programs, including the following:

  • According to the 2015 US State Department human trafficking report on Malaysia,

[i]n 2014, each of the enforcement agencies continued to conduct anti-trafficking trainings, reaching nearly 700 officials. For example, Malaysian officials trained 103 coast guard officers on trafficking in Sabah, Kuantan, and Sarawak. Several ministries coordinated a series of anti-trafficking trainings on investigative interview techniques for 205 frontline officials. The Attorney General’s Chamber hosted and convened a seminar for 30 judges and prosecutors throughout Malaysia to discuss victim-centered approaches to prosecution. Topics included effective victim interviewing, identifying and meeting victims’ needs, and working with interpreters.[73]

  • Training for specialist prosecutors and judges has been delivered by the Warnath Group, a US advisory firm, which states on its website that a Malaysia Anti-Human Trafficking Case Skills Training Course was hosted by Malaysia’s Judicial and Legal Training Institute.[74]  It further states that the training “was made possible by the U.S. Department of State’s Office to Monitor and Combat Trafficking in Persons (J/TIP), and with the help of the U.S. Embassy to Malaysia, Kuala Lumpur.”[75]
  • The 2014 State Department report also noted that MAPO had reported that “248 government officials from the Royal Malaysian Police, Malaysian Maritime Enforcement Agency, Immigration Department, and Labor Department received specialized anti-trafficking training in 2013,” and further that “several additional anti-trafficking training sessions” had been attended by more than 500 law enforcement officials during the year.[76]
  • The Southeast Asia Immigration Course on Fraudulent Document and Anti-Trafficking in Persons 2015, a regional training program, was organized by the Malaysian Immigration Academy and delivered by the Malaysian Technical Cooperation Programme in August 2015.[77]

In terms of cooperation with relevant organizations, in 2010 the Home Affairs Minister announced that Malaysia and the International Organization for Migration (IOM) would “enhance their cooperation to tackle human trafficking cases effectively.”[78]  He stated that such cooperation would include “training investigating officers and prosecutors involved in cases of human trafficking and migration.”[79] IOM noted that “Malaysian officials also regularly participate in a variety of migration management training workshops that IOM organizes in Asia and globally.”[80] Previously, in 2009, IOM and the Ministry of Home Affairs “launched a three-day introductory training on combating human trafficking for Malaysian civil servants.”[81]  Attendees included thirty-one representatives from the ministries of Home Affairs; Women, Family and Community Development; Human Resources; and Information, Communication and Culture.

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Prepared by Kelly Buchanan
Chief, Foreign, Comparative, and International Law Division I
February 2016


[1] Federal Constitution, amended to 2009, art. 6, http://www.jac.gov.my/images/stories/akta/federalconstitution.pdf, archived at https://perma.cc/69KG-FDX7.

[2] Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670) (ATIPSOM Act), as at 1 November 2014, http://www.agc.gov.my/agcportal/uploads/files/Publications/LOM/EN/Act%20670.pdf, archived at https://perma.cc/8PQ3-EHR9.  This version of the statute includes amendments made in 2010 that added provisions related to smuggling of migrants and changed the title from the Anti-Trafficking in Persons Act 2007 to the current title, among other amendments.

[3] Anti-Trafficking in Persons and Anti-Smuggling of Migrants (Amendment) Act 2015 (Act A1500) (ATIPSOM (Amendment) Act 2015), http://www.federalgazette.agc.gov.my/outputaktap/20151102_1500_BI_WJ W005504%20BI.pdf, archived at https://perma.cc/K4VD-9QH2.

[4] United Nations Convention Against Transnational Organized Crime (Nov. 15, 2000), Status as at 02-02-2016, United Nations Treaty Collection website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mt dsg_no=XVIII-12&chapter=18&lang=en, archived at https://perma.cc/5WC6-LCHS; Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Nov. 15, 2000), Status as at 02-02-2016, United Nations Treaty Collection website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-a&chapter= 18&lang=en, archived at https://perma.cc/BN7E-LGBF.

[5] See Difference Between Trafficking in Persons and Smuggling of Migrants, Ministry of Home Affairs,http://www.moha.gov.my/index.php/en/akta-antipemerdagangan-orang-dan-penyeludupan-migran-2007/sekretariat-akta-perbezaan (last updated Jan. 29, 2016), archived at https://perma.cc/48BJ-M4UE; Protocol Against the Smuggling of Migrants by Land, Sea and Air, supplementing the United Nations Convention against Transnational Organized Crime (Nov. 15, 2000), Status as at 02-02-2016, United Nations Treaty Collection website, https://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=XVIII-12-b&chapter=18&lang=en, archived at https://perma.cc/ZVU8-4W4R.  

[6] ATIPSOM Act s. 3.

[7] Id. s. 4.

[8] Id. s. 6.

[9] ATIPSOM (Amendment) Act 2015, s. 4, inserting new ss. 5A & 5C.

[11] ATIPSOM Act s. 12.

[12] Id. s. 13.

[13] Id. s 14.

[14] Id. ss. 15–22.

[15] Id. s. 25.

[16] Id., s. 27(1).

[17] Id. s. 43.

[18] Id. s. 44.

[19] Id. s. 45.

[20] ATIPSOM (Amendment) Act 2015, s. 11, adding new s. 51A.

[21] ATIPSOM Acts. 58.

[22] Id. ss. 59–61.

[23] ATIPSOM (Amendment) Act 2015, s. 16, adding new s. 66A.

[24] Id. s. 16, adding new s. 66B.

[31] Report of the Special Rapporteur on Trafficking in Persons, Especially Women and Children, Maria Giammarinaro 11 (A/HRC/29/38/Add. 1) (June 15, 2015), http://daccess-dds-ny.un.org/doc/UNDOC/GEN/G15/ 125/73/PDF/G1512573.pdf?OpenElement, archived at https://perma.cc/6TMM-RSHV

[32] Council for Anti-Trafficking in Persons, National Action Plan Against Trafficking in Persons (2010–2015) (2009), http://www.moha.gov.my/images/maklumat_bahagian/MAPO/NAP_ANTIPEMER DAGANGAN_ORANG_2010_2015.pdf (in Malaysian), archived at https://perma.cc/J7GP-8HXV.

[33] Presentation, Secretariat of the Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants, Coordination Frameworks Theme 2: Building Effective Interagency Coordination at the National Level, slide 5 (Bali Ministerial Process on People Smuggling, Trafficking in Persons and Related Transnational Crime, Workshop on Victim Protection, Jan. 12–13, 2012), http://www.baliprocess.net/files/Malaysia-national%20coordination %20framework.pptx, archived at https://perma.cc/V2R6-2C5X.

[34] Report of the Special Rapporteur on Trafficking in Persons, supra note 31, at 11.

[35] Id. at 12; SOP for ATIPSOM Launched to Empower Enforcement Agencies, New Sarawak Tribune (Nov. 22, 2013), http://www.newsarawaktribune.com/news/15720/SOP-for-ATIPSOM-launched-to-empower-enforcement-agencies/, archived at https://perma.cc/3LWU-VE4V; U.S. Department of State, 2014 Trafficking in Persons Report: Malaysia (2014), http://www.state.gov/j/tip/rls/tiprpt/countries/2014/226770.htm, archived at https://perma.cc/ZA6G-T62R.

[37] 2014 Trafficking in Persons Report: Malaysia, supra note 35.

[38] See Press Release, Ministry of Foreign Affairs, Statement by the Ministry of Foreign Affairs on the US State Department Trafficking in Persons Report 2013 (June 22, 2014), https://www.kln.gov.my/archive/content. php?t=3&articleId=4214329, archived at https://perma.cc/GC9Z-54Q6.

[39] U.S. Department of State, 2015 Trafficking in Persons Report: Malaysia (2015), http://www.state.gov/j/tip/rls/tiprpt/countries/2015/243485.htm, archived at https://perma.cc/HT7F-NXFT.

[40] Report of the Special Rapporteur on Trafficking in Persons, supra note 31, at 4.

[41] Id. at 12.

[42] Id. at 13.

[43] Id. at 12.

[44] Id.

[45] Id. at 22–23.

[46] ATIPSOM Act s. 7(1).

[47] Id. s. 6(2), as amended by ATIPSOM (Amendment) Act 2015, s. 3.

[48] Id. s. 6(2)(n) & (o).

[49] Functions and Powers of the Council, Ministry of Home Affairs, http://www.moha.gov.my/index.php/en/ maklumat-perkhidmatan/2012-08-15-01-17-06/definisi/124-maklumat-korporat/maklumat-bahagian/sekretariat-majlis-antipemerdagangan-orang-dan-antipenyeludupan-migran/majlis-antipemerdagangan-orang-dan-antipenyeludupan-migran (last updated Jan. 29, 2016), archived at https://perma.cc/K8B3-MUNFSee also Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants: Background, Ministry of Home Affairs, http://www.moha.gov.my/index.php/en/majlis-antipemerdagangan-orang/latar-belakang (last updated Jan. 29, 2016), archived at https://perma.cc/SFM2-DUVH.

[50] Introduction, Ministry of Home Affairs,http://www.moha.gov.my/index.php/en/sekretariat-pengenalan (last updated Jan. 29, 2016), archived at https://perma.cc/2W9R-Z99A.

[51] ATIPSOM (Amendment) Act 2015, s. 4, adding new s. 5A.

[52] ATIPSOM Act s. 51(1)(a).

[53] Report of the Special Rapporteur on Trafficking in Persons, supra note 31, at 12.

[54] Id.

[55] Id. at 16.

[56] Id.  

[57] 2014 Trafficking in Persons Report: Malaysia, supra note 35.

[58] Report of the Special Rapporteur on Trafficking in Persons, supra note 31, at 13.

[59] ATIPSOM Act s 43(2)(a).

[60] Id. s. 43(2)(c).

[61] Id. s 51(1)(a).

[62] Id. s. 51(2).

[63] Id. s 51(3)(a).

[64] Id. s. 41.

[65] Id. s. 52(1).

[66] Report of the Special Rapporteur on Trafficking in Persons, supra note 31, at 16.  See also 2015 Trafficking in Persons Report: Malaysia, supra note 39 (stating that “[t]he Attorney General’s Chamber had 29 deputy public prosecutors throughout Malaysia specializing in human trafficking cases”).

[67] Human Rights Commission of Malaysia, Annual Report 2014, at 16 (2015), https://docs.google.com/file/d/ 0B6FQ7SONa3PRUG1nc25yRGV3TlU/preview, archived at https://perma.cc/FAF6-9MQE.

[68] Human Trafficking, Human Rights Commission of Malaysia,http://www.suhakam.org.my/human-trafficking/ (last updated Jan. 28, 2016), archived at https://perma.cc/PWX8-MDZD.

[69] Report of the Special Rapporteur on Trafficking in Persons, supra note 31, at 16.

[70] Id. at 12.

[71] Council for Anti-Trafficking in Persons and Anti-Smuggling of Migrants, Bernama,http://mapo.bernama.com/ (last visited Feb. 2, 2016), archived at https://perma.cc/CTY2-PRA2.

[72] Id.

[73] 2015 Trafficking in Persons Report: Malaysia, supra note 39.

[74] Malaysian Specialist Prosecutors, Judges Complete Warnath Group Human Trafficking Case Skills Training, Warnath Group,http://www.warnathgroup.com/malaysian-specialist-prosecutors-judges-complete-warnath-group-human-trafficking-case-skills-training/ (last visited Jan. 15, 2016), archived at https://perma.cc/3DGT-N9L4.

[75] Id.

[76] 2014 Trafficking in Persons Report: Malaysia, supra note 35.

[77] Malaysia Technical Cooperation Program, Southeast Asia Immigration Course on Fraudulent Document & Anti-Trafficking in Persons 2015, https://mtcpcoms.kln.gov.my/mtcpcoms/upload/AIM00001bro.pdf (last visited Feb. 2, 2016), archived at https://perma.cc/NF6D-9S84

[78] Malaysia, IOM Form Strategic Cooperation to Combat Human Trafficking, Bernama (Mar. 10, 2010), available at http://www.ssig.gov.my/blog/2010/03/10/malaysia-iom-form-strategic-cooperation-to-combat-human-trafficking/, archived at https://perma.cc/9TD8-XVGF.

[79] Id.

[80] Press Release, International Organization for Migration, Malaysian Home Affairs Minister and IOM Director General Discuss Future Collaborations (May 6, 2010), http://www.iom.int/news/malaysian-home-affairs-minister-and-iom-director-general-discuss-future-collaborations, archived at https://perma.cc/9539-EBVP.

[81] Press Release, International Organization for Migration, IOM and Malaysian Home Affairs Ministry Train Civil Servants in Counter Trafficking (Dec. 14, 2009), http://www.iom.int/news/iom-and-malaysian-home-affairs-ministry-train-civil-servants-counter-trafficking, archived at https://perma.cc/8WNS-G6DE.

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Last Updated: 03/18/2016