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Enforce immediately anti-trafficking law amendments

The government should immediately enforce the 2015 amendments to the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act.

Lee Hwok Aun in an article published in the media with the heading 'Let refugees work legally' argued for refugees to be allowed to work legally in Malaysia. I fully agree with Lee’s proposal.

A year ago, in June 2015, Parliament passed several important amendments to the Anti-Trafficking In Persons and Anti-Smuggling of Migrants Act 2007.

Among others, the amendments include the adding of Section 51(a) which reads:

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 purpose of the 2015 amendment is clear, which is to allow employment of trafficked persons or smuggled migrants under the said Act.

According to Section 2 of the Act, a smuggled migrant “means a person who is the object of the act of smuggling of migrants regardless of whether that person participated in the act of smuggling of migrants”, while a trafficked person refers to “any person who is the victim or object of an act of trafficking in persons”. Refugees clearly fall under one or both of these categories.

The government should not delay in gazetting and enforcing the new law since it was already passed one year ago.


STEVEN SIM CHEE KEONG is the MP for Bukit Mertajam and deputy spokesperson, DAP Parliamentary Committee for Human Resources.

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