Alarmed by the discovery of trafficked women among female prisoners, the Human Rights Commission of Malaysia (Suhakam) has called for their release and repatriation so as to avoid re-victimisation of the women.

"Where there is clear evidence that the girls have been trafficked, smuggled or cheated into prostitution, the victims should not be prosecuted but sent back to their home country as soon as possible," said Suhakam chairperson Abu Talib Othman.

"They should not be detained for indefinite periods and made to languish in prisons or detention centres."

He said this is his keynote address at the commission's two-day forum on 'Trafficking in Women and Children - A Cross Border and Regional Perspective', which began today in Kuala Lumpur.

According to him, trafficking of women and children into Malaysia has become an increasingly rampant problem as is evident from press reports as well as Suhakam's fact-finding missions to prisons and detention centres.

He said the commission's focus on the problem started after commissioners visiting the Kajang women's prison found a significant number of trafficked persons among jailed foreign women.

The commission also noted that half of all the women they interviewed in immigration detention centres in Malacca, Selangor, Perak and Kedah, had been trafficked into the country as well.

"Some of the girls narrated how they were subjected to brutal beatings by their agents or bosses when they refused to abide by the demands of the unscrupulous peddlers," he said.

"These women were forced into commercial sex exploitation from which they could not free themselves unless they escaped or were freed by the police."

Lack of will

However, Abu Talib noted that the authorities - instead of taking a sympathetic approach - have charged most foreign women arrested during vice raids, with violating immigration laws, regardless of whether they had entered the country voluntarily to do sex work or if they had been misled.

"Technically, this approach is correct because they have no business to be here without proper documents. But based on humanitarian grounds, presentations can be made to the board for the trafficked women to be released or have their sentences remitted. We don't want the women to be penalised again when they have already been cheated and sold," he said.

While victims are often subjected to punitive measures, Abu Talib said those in charge of trafficking syndicates have not been brought to justice.

"What is lacking, perhaps, is the political will to act and greater awareness and enforcement by the authorities. Trafficking will undoubtedly proliferate when there is no serious challenge by law enforcement officials and agencies," he said.

To deal effectively with the problem, Abu Talib said the government should set up an inter-agency task force to strategise on a comprehensive plan on how to identify trafficking victims and to assist them.

He said the initiative should at the very least include participation of the Women, Family and Community Development Ministry, the police, immigration officials and officials from foreign missions.

"Unless it is a co-ordinated effort, it would be impossible to control trafficking activities, let alone eliminate it," he added.

Trafficking protocol

Abu Talib said the government should also consider amending the laws to include comprehensive provisions to address issues relating to enforcement, prevention and providing shelter to the victims.

"Archaic laws must be renewed. The government must have the political will and the commitment to review these outdated laws in order to deal with a modern crime," he said.

For instance, laws dealing with prostitution syndicates should be amended to shift the burden of proof to the accused, as was done with the Dangerous Drug Act (DDA).

"Trafficking is similar to drug smuggling. All laws (relating to trafficking activities) should be amended in line with the DDA with respect to evidence, burden of proof and punishment."

Abu Talib also urged the government to ratify the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, as the instrument provides clear norms and standards for all states to work towards preventing and combating trafficking.

"The prevalence of countries in which trafficking takes place in the Asia-Pacific amplifies the need for ratification of the protocol. This will encourage countries of origin, transit and destination to recognise their role in combating the problem and finding solutions for action," he added.