Trafficking involves more than just sex workers

Posted: April 14, 2015 at 9:40 pm

Malaysia needs to be more diligent in stopping all forms of worker exploitation and trafficking of human persons, says Charles Hector.

Many of us wrongly believe that trafficking in persons is only about sex workers but this is not true as it also includes the exploitation of workers.

Trafficking in persons is defined internationally as constituting three elements:

Likewise in Malaysia, the Anti-Trafficking in Persons Act 2007 defines trafficking in persons or traffics in persons to mean the recruiting, transporting, transferring, harbouring, providing or receiving of a person for the purpose of exploitation; and exploitation means all forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude, any illegal activity or the removal of human organs;

We will be looking at specifically at worker exploitation in Malaysia, including forced labour or services. Forced or compulsory labour is defined as all work or service which is exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily. Forced labour refers to situations in which persons are coerced to work through the use of violence or intimidation, or by more subtle means such as accumulated debt, retention of identity papers or threats of denunciation to immigration authorities.

The local worker a victim of trafficking?

The local worker in Malaysia can come under the threat of dismissal or a delay in promotion or wage increase. They are discouraged from claiming their legal rights or standing up for rights.

Even trade union leaders are not saved from such intimidation and some find they are overlooked for promotion and wage increase exercises when their fellow workers who are not union leaders or active union members get promoted or are awarded wage increases.

Unionists are also targeted for disciplinary action and dismissal for the carrying out of legitimate activities such as the issuance of media statements, picketing, involvement in campaigns for the promotion and protection of worker rights and such matters which reasonably should be considered as legitimate union activities.

If union members are so intimidated and under the menace of such penalties, what more the ordinary worker who is not unionised? The lodging of a complaint to the relevant authorities about non-payment of wages, overtime and a violation of other rights may result in not just intimidation but even disciplinary action and termination.

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Trafficking involves more than just sex workers

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