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Authorities have what they need in Sabah mining graft case, says Masidi

Authorities have what they need in Sabah mining graft case, says Masidi

KOTA KINABALU: Sabah Finance Minister Datuk Seri Masidi Manjun has declined to comment further on the state mining prospecting licence scandal, saying the matter is already before the courts and authorities "have what they need."
"The case is really in court.
"I mean, I don't think there's anything necessary to comment on," he told reporters after the SMJ Energy Networking dinner here last night.
In November last year, Masidi was among several assemblymen implicated in short video clips linking them to a corruption scandal, which the Malaysian Anti-Corruption Commission (MACC) dubbed "Op Adun".
Following the publication of his video on Malaysiakini in December, Masidi immediately volunteered to have his statement recorded at the Sabah MACC office here.
When asked whether the commission had recently recalled him, he said: "I wouldn't answer that question too, but I suppose MACC probably has all that they wanted."
Last week, Malaysiakini again published photos of several other Gabungan Rakyat Sabah assemblymen, including state deputy chief minister Datuk Seri Dr Jeffrey Kitingan, linking them to a similar scandal.
The article was published less than 48 hours before businessman Datuk Albert Tei and two Sabah assemblymen, namely, Datuk Dr Yusof Yacob and Datuk Andi Muhammad Suryady Bandy, were charged at the Kota Kinabalu Court here.
Tei pleaded not guilty to offering bribes, while both assemblymen also denied receiving graft from the businessman.
Their case management is fixed for Aug 5.
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Counter-setting and migrant abuse
Counter-setting and migrant abuse

The Sun

time2 hours ago

  • The Sun

Counter-setting and migrant abuse

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The act of 'counter-setting', which involves corruption at borders is a well recognised enabler of human trafficking and migrant smuggling. The United Nations Office on Drugs and Crime identifies bribery and abuse of power as systemic 'pull factors' that facilitate transnational crime. In this context, 'counter- setting' is not just negligence, it is an institutional gateway for illicit entry under the guise of administrative authority. However, criminalising rogue officers should not automatically lead to the assumption that all individuals who passed through these compromised checkpoints are victims of trafficking or knowingly complicit in smuggling. Trafficking vs smuggling Public discourse frequently conflates 'migration', 'trafficking' and 'smuggling', an issue compounded by certain NGO and academic narratives that generalise irregular movement as either criminal or victimhood, obscuring nuanced legal distinctions. Under both the UN Trafficking Protocol (Palermo Protocol) and Malaysia's Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Atipsom), human trafficking consists of three essential elements: act (for example, recruitment and transportation), means (for instance, coercion, fraud and abuse of power) and purpose (for example, exploitation such as forced labour or sexual servitude). However, Atipsom does not clearly criminalise attempts to traffic, nor does it automatically recognise someone as a trafficked person simply because they entered the country irregularly. As studies have established, most trafficking victims enter Malaysia legally, which means they possess a valid passport and are even given a 30-day visa-free entry if they are from Southeast Asian countries. Therefore, it is nearly impossible to establish the key component of 'exploitation' unless it is evidently demonstrated at the border entry. Mere facilitation without evidence of exploitation does not constitute trafficking. By contrast, migrant smuggling involves consensual facilitation of unlawful entry in exchange for financial gain. Once the border is crossed, the smuggling transaction ends. In such cases, the migrant is typically treated as an offender who has breached immigration laws. An individual's status only becomes 'irregular' if immigration officers on arrival fail to stamp or process their entry. This administrative omission does not by itself amount to criminal conduct or evidence of trafficking. This brings us to a critical question: How can authorities establish that the individuals who entered via 'counter-setting' were trafficked, smuggled or simply irregular migrants? Without evidence of coercion or exploitation, these individuals remain at best suspects or irregular entrants. As many of us have experienced, it is extremely difficult for individuals to board international flights to Malaysia without valid travel documents. Multiple layers of checks include immigration clearance at the point of departure, airline document verification and pre-boarding checks by flight crew. This may not necessarily be the case when entering Malaysia by land. For example, Malaysia's land borders, especially in areas such as Rantau Panjang, Sungai Golok and Wang Kelian, are far more porous. In Wang Kelian, a one-kilometre 'no man's land' separates Thai and Malaysian posts, making unsupervised crossings possible. Arrests involving undocumented Myanmar nationals and the unregulated movement of Malaysians into Thailand highlight systemic gaps in surveillance and border management. Labour agents and recruitment networks Malaysia's fluctuating labour policies, such as the temporary freeze (and subsequent lifting) on the intake of Bangladeshi workers for example, have created a market of desperation. To fulfil recruitment contracts or avoid refunding fees, unscrupulous agents may resort to corrupt arrangements with enforcement personnel to smuggle workers into the country. One major concern is the licensing regime. In Malaysia, work agents are not required to possess individual licences; they are tied to agencies, creating a regulatory blind spot. Some agents operate without registration, others exploit legal platforms while engaging in parallel black-market operations. Disturbingly, many such agents are foreign nationals already residing in Malaysia, which helps them gain the trust of vulnerable migrant communities. Upon arrival, many of these migrants are placed in overcrowded accommodation and squalid conditions. They are also subjected to long hours of work, meagre pay and minimal legal protection. While exploitative, these conditions do not always rise to the legal threshold of trafficking unless all the trafficking elements are clearly present. Malaysia must move beyond reactive enforcement and address the systemic factors that enable counter-setting and migration-related abuse. A rights-based and reform-oriented strategy should include: stricter employer vetting procedures and meaningful penalties for labour exploitation; crackdowns on unlicensed and unscrupulous agents, including those operating under legal facades; an enhanced institutional oversight across border enforcement agencies to prevent corruption; implementation of a victim-centred approach that treats irregular entrants as potential victims unless complicity is proven; and ratifying the UN Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families. In conclusion, it is evident that the KLIA 'counter-setting' scandal is not just about corrupt officers; it is also about the systemic cracks in Malaysia's migration governance, labour recruitment processes and institutional safeguards. While prosecuting offenders is necessary, structural reforms must follow to protect migrants' rights and preserve the integrity of our borders. To strike a balance between national security and human dignity, Malaysia must clearly distinguish between 'victims', 'offenders' and 'irregular migrants' and, above all, recognise the human realities behind each case. Dr Haezreena Begum Abdul Hamid is a criminologist and senior lecturer at the Faculty of Law, Universiti of Malaya.

Shafie told: Don't claim false credit
Shafie told: Don't claim false credit

Daily Express

time3 hours ago

  • Daily Express

Shafie told: Don't claim false credit

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[UPDATED] GRS leaders endorse decision to work with PH for Sabah election
[UPDATED] GRS leaders endorse decision to work with PH for Sabah election

New Straits Times

time12 hours ago

  • New Straits Times

[UPDATED] GRS leaders endorse decision to work with PH for Sabah election

KOTA KINABALU: The Gabungan Rakyat Sabah supreme council has endorsed the decision to work with Pakatan Harapan, said coalition secretary-general Datuk Seri Masidi Manjun. "The supreme council of GRS convened tonight and, among other matters, discussed preparations for the upcoming 17th State Election, which will be held in the near future. "The GRS supreme council has decided to continue its cooperation with PH. "We will be sitting at table with the PH leadership in the near future to determine the allocation of seats to be contested by each party," he told reporters after the two-hour meeting. Present to chair the meeting which began at 8.30pm was GRS chairman and Parti Gagasan Rakyat Sabah president Datuk Seri Hajiji Noor. The other seven component party presidents were also present. Among them were Parti Bersatu Sabah acting president Datuk Seri Dr Joachim Gunsalam; Parti Solidariti Tanah Airku president Datuk Seri Dr Jeffrey Kitingan; Sabah Progressive Party president Datuk Yong Teck Lee; Parti Cinta Sabah president Tan Sri Anifah Aman; and, United Sabah National Organisation president Tan Sri Pandikar Amin. Recently, when Hajiji announced the GRS-PH cooperation, it was reported that many GRS leaders were shocked by the statement. However, Hajiji denied those rumours and responded that the decision had been agreed among presidents. Masidi said the GRS-PH partnership has greatly contributed to stabilising politics in Sabah and has allowed the state government to focus on efforts to develop Sabah, including addressing issues related to basic infrastructure. "As part of its preparations for the election, GRS maintains its position that local parties should play leading roles in the cooperation to be agreed upon with PH. "The GRS supreme council did not discuss or touch on any cooperation with other parties in relation to the election."

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