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

I refer to the article by Dr. Lee Hwok Aun, “Let refugees work legally”. (Source: http://m.themalaymailonline.com/what-you-think/article/let-refugees-work-legally-lee-hwok-aun)

I agree with Dr. Lee’s proposal to allow refugees to work legally in Malaysia.

A year ago in June 2015, Parliament had 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 as follow:

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, 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.