Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework

The international framework of anti-human trafficking has become the main guiding framework for countries around the globe in combating the crime. The issue of human trafficking was brought to global attention mainly by the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially W...

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Main Authors:	Mokhtar, Khairil Azmin, Ab Hamid, Zuraini
Format:	Article
Language:	English English
Published:	IIUM Press 2016
Subjects:	K Law (General) KPG Malaysia
Online Access:	http://irep.iium.edu.my/54632/ http://irep.iium.edu.my/54632/ http://irep.iium.edu.my/54632/1/54632_IIUMLJ%202016.pdf http://irep.iium.edu.my/54632/7/54632_Incorporating%20the%20United%20Nations%20protocol%20_WoS.pdf

id	iium-54632
recordtype	eprints
spelling	iium-546322017-10-04T01:43:53Z http://irep.iium.edu.my/54632/ Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework Mokhtar, Khairil Azmin Ab Hamid, Zuraini K Law (General) KPG Malaysia The international framework of anti-human trafficking has become the main guiding framework for countries around the globe in combating the crime. The issue of human trafficking was brought to global attention mainly by the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. The UN Protocol provides a standard approach to state parties in combating human trafficking. The approach is known as “3Ps” model which aim to prevent the crime, to protect the victim and to prosecute the perpetrator. In spite of the creation of AntiTrafficking National Action Plan (NAP) in 2012 and the passing of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM 2007) by the Malaysian government in the US Department of State Trafficking in Persons Report 2014 (TIP) it is stated that “3Ps” approach is lacking in the Malaysian legal framework. This paper analyses whether Malaysia’s legal response through its Anti Trafficking in Persons and Smuggling of Migrants Act 2007 and other relevant legislation are in compliance with the Protocol. In this study it is found that there are many aspects of rights and protection still wanting within the legal framework of human trafficking in the country. Reformation of Malaysia’s legal framework in combating human trafficking is much needed to ensure its compliance with the international framework and in order for the local enforcement agencies to be more successful in combating the crime. IIUM Press 2016 Article PeerReviewed application/pdf en http://irep.iium.edu.my/54632/1/54632_IIUMLJ%202016.pdf application/pdf en http://irep.iium.edu.my/54632/7/54632_Incorporating%20the%20United%20Nations%20protocol%20_WoS.pdf Mokhtar, Khairil Azmin and Ab Hamid, Zuraini (2016) Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework. IIUM Law Journal, 24 (2). pp. 377-396. ISSN 0128-2530 E-ISSN 2289-7852 http://journals.iium.edu.my/iiumlj/index.php/iiumlj
repository_type	Digital Repository
institution_category	Local University
institution	International Islamic University Malaysia
building	IIUM Repository
collection	Online Access
language	English English
topic	K Law (General) KPG Malaysia
spellingShingle	K Law (General) KPG Malaysia Mokhtar, Khairil Azmin Ab Hamid, Zuraini Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework
description	The international framework of anti-human trafficking has become the main guiding framework for countries around the globe in combating the crime. The issue of human trafficking was brought to global attention mainly by the Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children. The UN Protocol provides a standard approach to state parties in combating human trafficking. The approach is known as “3Ps” model which aim to prevent the crime, to protect the victim and to prosecute the perpetrator. In spite of the creation of AntiTrafficking National Action Plan (NAP) in 2012 and the passing of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM 2007) by the Malaysian government in the US Department of State Trafficking in Persons Report 2014 (TIP) it is stated that “3Ps” approach is lacking in the Malaysian legal framework. This paper analyses whether Malaysia’s legal response through its Anti Trafficking in Persons and Smuggling of Migrants Act 2007 and other relevant legislation are in compliance with the Protocol. In this study it is found that there are many aspects of rights and protection still wanting within the legal framework of human trafficking in the country. Reformation of Malaysia’s legal framework in combating human trafficking is much needed to ensure its compliance with the international framework and in order for the local enforcement agencies to be more successful in combating the crime.
format	Article
author	Mokhtar, Khairil Azmin Ab Hamid, Zuraini
author_facet	Mokhtar, Khairil Azmin Ab Hamid, Zuraini
author_sort	Mokhtar, Khairil Azmin
title	Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework
title_short	Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework
title_full	Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework
title_fullStr	Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework
title_full_unstemmed	Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework
title_sort	incorporating the united nations protocol on trafficking in persons in the malaysian legal framework
publisher	IIUM Press
publishDate	2016
url	http://irep.iium.edu.my/54632/ http://irep.iium.edu.my/54632/ http://irep.iium.edu.my/54632/1/54632_IIUMLJ%202016.pdf http://irep.iium.edu.my/54632/7/54632_Incorporating%20the%20United%20Nations%20protocol%20_WoS.pdf
first_indexed	2023-09-18T21:17:17Z
last_indexed	2023-09-18T21:17:17Z
_version_	1777411646639046656

Incorporating the United Nations protocol on trafficking in persons in the Malaysian legal framework

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