Malaysia's TIP 2024 report update should be hailed as progress, not cause for celebration

PETALING JAYA:Malaysia's recent reclassification to Tier 2 in the US State Department's 2024 Trafficking in Persons (TIP) Report should be hailed as progress rather than a victory.

Tenaganita executive director Glorene Das said that while some consider the improvement significant, it is not cause for celebration as the report states that Malaysia “does not fully meet the minimum standards for the elimination of trafficking,” highlighting the persistent challenges in the country’s efforts to combat human trafficking.

“Malaysia must develop its own strong strategies and draw on its own resources, moral compass and expertise gained through lived experience to drive meaningful change, rather than relying solely on external assessments,” she said in a statement.

Das stressed that despite the increase in trafficking investigations and convictions, which included 157 trafficking convictions, 19 cases of passport confiscation and three employment agency convictions, concerns about their impact persist.

“Despite identifying more potential victims, the government has acknowledged fewer confirmed victims and prosecuted fewer traffickers, particularly neglecting critical sectors such as palm oil and disposable glove manufacturing, which are known for labor exploitation,” she said.

LEARN MORE:Malaysia Moves to Tier 2 in US TIP 2024 Report

The report also reveals systemic problems of complicity and corruption among authorities, which allow traffickers to operate freely and increase the vulnerability of migrant workers.

“To compound the problem, authorities often misinterpret trafficking as migrant smuggling, leading to inadequate protection for victims.

“Furthermore, the government’s inconsistent approach to restitution further hampers efforts, with only 10 cases involving labor trafficking victims receiving restitution claims, and none for sex trafficking victims.

“Victims of human trafficking often face difficulties when seeking compensation through civil litigation,” she added.

Das also criticised the use of the Security Offences (Special Measures) Act 2012 (SOSMA) against suspected traffickers, citing concerns over fairness and human rights.

“The SOSMA law prevents an open and fair trial and is used against suspected traffickers, raising justice and human rights concerns,” she said.

By highlighting the exclusion of domestic workers from essential protections under the Employment Act 1955, it leaves them vulnerable to exploitation.

Das highlighted the plight of at least 250,000 migrant workers who entered Malaysia legally but are now unemployed and living in precarious conditions due to their employers’ failure to obtain work permits. “These migrants become undocumented within a month and are at risk of being detained during massive immigration crackdowns, raising concerns that many detainees in immigration camps are victims of trafficking,” she added.

The Tenaganita chief called for increased training for officials so they can accurately identify trafficking victims and differentiate between human trafficking and migrant smuggling.

She also stressed the need for new legislation to protect domestic workers and to improve compensation processes for victims, referring to the government's negotiation of new agreements on the recruitment of migrant workers.

“Increasing transparency by making bilateral MoUs public would allow for oversight and accountability,” she said.

While acknowledging the positive signs seen in the increase in investigations and convictions, Das said the government should focus more on pursuing major traffickers rather than small-time transporters.

She also called for strengthening the quota system and regulating recruitment practices to prevent exploitation.

“The process of granting work permits to victims of trafficking must be accelerated to provide them with rapid protection,” she added.

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