English 
Malay By: Cso Platform For Reform – Child Cluster
Organisation/ Individual: Child Rights Coalition Malaysia (CRCM)
Policy Code: 2e Child
Problem Statement and Current Policy:
1. Malaysia has been downgraded to Tier 3 Watch List as the government does not fully meet the minimum standards for the elimination of trafficking and is not making significant efforts to do so. 2. Considering the impact of the COVID-19 pandemic on its anti-trafficking capacity the government continue to conflate human trafficking and migrant smuggling crimes and did not adequately address or criminally pursue credible allegations from multiple sources alleging labor trafficking. 3. Children including refugee children have been trafficked on all forms of labour exploitation and child marriage. Anti-trafficking enforcements do not classify child marriages as trafficking incidents as they consider children’s consent as valid. Refugee, migrant and other vulnerable children are smuggled, become victims of debt bondage and are sold into marriages, forced labour, begging and experience violence and torture.
Value(s) and Belief:
National laws to protect children, namely Child Act 2001, Sexual Offences Against Children Act 2017 need to be harmonized with the Anti-Trafficking in Persons and Anti-Smuggling Of Migrants Act 2007 and Penal Code in line with UN Conventions to protect all children, including all those from refugee, migrant and stateless communities.
Proposal of Solution and Call for Action:
1. Establish a formal, timely and effective child centred case management procedure including accurate identification, response mechanisms, assessment for international protection to ensure child survivors are referred for protection and services. 2. Institutionalise awareness raising and trainings on trafficking and smuggling, anti-trafficking laws, Child Act 2001, SOACA, interagency coordination and data sharing, child friendly interview techniques, confidential reporting mechanisms with anti-trafficking enforcement and border control authorities, judiciaries, prosecutors, police, medical authorities including SCAN and OSCC, child protectors, social workers, teachers, NGOs, religious authorities, families and children including refugees, asylum-seekers and migrants. 3. Coordinate systematic dialogues on national and international data sharing with consent and confidentiality safeguards, legal procedures and stronger cooperation with countries of origins, transit and destination to prevent trafficking, prosecute traffickers and protect child survivors. 4. Stop arrest, detention and deportation of trafficked migrant and refugee children on violating immigration laws and avail temporary residence permits, interpretation services, redress, rehabilitation and compensation. Recommend repatriation following a best interest determination for the trafficked child and in the case of refugees, government agencies to coordinate with UNHCR.
Additional information:
1. 2019 CRCM Status Report – Pg 47 2. 2020 US Trafficking in Persons Report, which was released in June 2020 (US Embassy in Malaysia (2020) 3. In its 2018 Concluding Observations to Malaysia, the CEDAW Committee stated that it “it remains deeply concerned that the State party remains a destination country for trafficking of women and girls, including asylum-seeking and refugee women and girls, for purposes of sexual exploitation, begging, forced labour, or forced marriage (UN Committee on the Elimination of Discrimination Against Women (2018) Paragraph 25) 4. UN Human Rights Council. (2019, January 17). Visit to Malaysia – Report of the Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse. 7. A/HRC/40/51/Add/3. (UNHRC: New York) 5. Relevant bodies and stakeholders include immigration, judicial officers, prosecutors, enforcement bodies, medical authorities including SCAN and OSCC staff, child protectors, social workers, teachers, school staff, NGOs, religious authorities, refugee children, their families and communities.