Malaysia now runs the risk of sliding down the US State Departments Trafficking in Persons (TIP) Report than its current position on the 'Tier 2 watch list' if it continues to fall short of its obligations to combat human trafficking, with little evidence of political will to change.

NONE Other countries on the 'Tier 2 watch list' include, Afghanistan, Rawanda, Lebanon and Cambodia.

As this is Malaysia's fourth consecutive year on the list, it is due for automatic down-grading to the lowest level of 'Tier 3', in the company of Syria and North Korea. Ccountries on 'Tier 3' may be subject to U.S sanctions.

However, despite saying that Malaysia had made "no tangible improvements" to protect victims, the US State Department granted a waiver on the downgrade based on a written plan of improvements the government promised to undertake over the coming year.

In response to the ongoing issue of trafficking, the Malaysian government in 2010 released a 14 -page 'Five- year plan', which promised to increase public awareness, train enforcement agencies and engage with NGO's.

The home ministry also said it the will step up police efforts to arrest traffickers and called for a reduction of foreign workers in the country.

NONE However, Irene Fernandez, ( right ) the executive director of Tenaganita, a frontline NGO working with victims of human trafficking, said that there is no political will in Putrajaya to implement any of the real changes needed.

Ingrained habits continue to prevail

When asked for the reasons why Malaysia still remained on the list, she claimed among many issues, there had been no improvements in labour trafficking and that government contractors continued to outsource to labour agents condemned in the past for exploiting workers.

"There are also no protection laws for domestic workers, there are no work contracts required, and there is no political will to introduce them,"she said.

In January, this year, the government announced a new policy to charge foreign workers RM8,000 in immigration fees to work in Malaysia, previously met by the employer.

The US State Department slammed the move, saying it placed workers at increased risk of debt bondage and forced labour, while Fernandez said the policy constituted the institutionalisation of slavery.

Human Rights Council (Suhakam) commissioner James Nayagam also agreed that the new policy was of concern, adding that the Suhakam was not consulted prior to its implementation.

Fernandez also claimed police corruption and collusion with traffickers was a major issue, saying in one case Tenaganita had rescued a woman in Kuala Lumpur from forced sex work, only to have the police show up within minutes and allegedly return the girl to the traffickers.

She further claimed there is a lack of engagement with NGO's, with the latter barred from having contact with victims referred to government shelters, shelters which Fernandez say are comparable to prisons.

Shelters more like prison

The US State Department TIP report also slammed the government shelters saying that they denied victims their basic freedoms and also ran a risk or re-traumatising them.

The report claimed that trafficking victims were locked up in these facilities and not allowed to leave, NGO's were not allowed access ,many of the staff had 'little to no training', and that victims were denied proper legal, medical and psychological assistance.

NONE Nayagam ( left ) also acknowledged that the dire situation at these centres and said that Suhakam had drafted a manual to help staff ensure a basic standard of human rights is met,

He added that he had high hopes that the women, family and community development ministry would implement Suhakam's recommendations as earlier this year management of these shelters changed hands from the home ministry, to the former.

When asked if the shelters had failed to meet basic human rights standards under the home ministry, Nayagam responded, "Let's just say if there were standards being met, I couldn't see it"

Gov't exercise 'just window dressing'

Meanwhile, Nayagam said that Suhakam had mooted and recently facilitated dialogue between NGOs and the government on how they could address key issues and the government had responded positively to the idea.

However, when asked, Fernandez said that she was not confident the dialogue would come to much, adding that "sometimes the government just wants to make it look like they are doing something".

"They should recognise domestic workers and force the creation of work contracts, they should have a clear migrant policy that protects the rights of workers.

"They should amend the Anti-Trafficking in Persons Act 2007 to ensure the protection of victims." she said.

Adding that unless the dialogue led to a working group, with the government genuine about wanting change, then the whole exercise would be "just window dressing".