Behind the veil: evaluating Malaysia’s legislative framework to protect migrant workers trafficked for forced labour

Victim protection is a cornerstone of an effective criminal justice response to human trafficking. Without appropriate protection, victims cannot support criminal justice actions against traffickers. The ‘Protection’ aspect of the ‘3P’ paradigm emphasizes a victim-centered approach, requiring governments to implement proactive victim identification efforts and training for first responders, healthcare practitioners, and other service providers. These measures are essential for combating human trafficking and prioritizing the rights and needs of victims, ensuring they are treated with dignity and given the opportunity to reclaim their lives.

In Malaysia, the Anti-Trafficking In Persons and Anti-Smuggling Act 2007 (ATIPSOM 2007) includes provisions for the care and protection of trafficked persons. This discussion examines the adequacy of these provisions, focusing on areas such as Places of Refuge or Shelter, the Right to Free Movement and Work, Non-criminalization of Victims, and Safe Release and Repatriation.