TRAFFICKING IN PERSONS LAWS AND BORDER CONTROL CHALLENGES IN MALAYSIA: ASEAN DISCOURSE

Abstract

Trafficking in persons is syndicated internationally and domestically to victimize illegal migrants and profiteer from it. They are vulnerable thus exploited as forced labour, for debt bondage and commercial sex while in their perpetrators captivity. A significant number of them are lured from ASEAN countries. Malaysia enacted the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670) (ATIPSOM Act), The Malaysian Border Security Agency Act 2017 (AKSEM) and other laws to prevent such activities. Malaysia also seeks cooperation from ASEAN countries to ensure effective border control. This study applied qualitative legal research methodology to unveil the challenges faced by the border security agencies and to examine Malaysia immigration policies and laws, to ensure peace regionally as ASEAN countries. The findings are (a) Trafficking in person victimize vulnerable people from Malaysia and other ASEAN countries. (b) Border control recognized ASEAN state sovereignty. (c) Border control in need of effective strategy and substantial monetary allocation, (d) Corruption among security officials have to be eradicated, and (e) Constant reviews on border control policies and laws can ensure State security. Similarly to other ASEAN countries, Malaysia is sovereign and entitled to enforce his fundamental right to prevent illegal migration via border control. the challenges faced by the border security agencies and to examine immigration policies and Malaysia Laws that were applied and enforced to ensure State border security. Interviews were conducted on the enforcers to find out the problems and challenges faced by them in ensuring security at the state border, and how they deal with such to prevent TIP and protect TIP victims. The data were analysed to provide findings and discussions for this research.