Latest news with #Anti-TraffickinginPersonsandAnti-SmugglingofMigrantsAct2007
The Sun
3 days ago
- The Sun
Counter-setting and migrant abuse
THE recent detention of an enforcement officer at Kuala Lumpur International Airport (KLIA) Terminal 1 has renewed public scrutiny over a clandestine practice known as 'counter-setting'. This tactic, where individuals are allowed to bypass formal immigration procedures, raises serious concerns not only regarding border security and official corruption but also about structural vulnerabilities in Malaysia's migration management, labour demands and institutional accountability. Last November, nearly 50 immigration officers were reassigned following investigations by the Malaysian Anti-Corruption Commission into a similar syndicate operating at KLIA. A senior immigration officer, believed to be the mastermind behind the network, is expected to face charges over a human trafficking ring that allegedly facilitated the unlawful entry of foreign nationals without immigration clearance. 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.
Daily Express
5 days ago
- Daily Express
MMEA intercepts boat carrying foreign nationals off Kudat
Published on: Friday, August 08, 2025 Published on: Fri, Aug 08, 2025 By: Patimang Abdul Ghani Text Size: Some of the detainees. KUDAT: The Malaysian Maritime Enforcement Agency (MMEA) foiled an attempt to smuggle foreign nationals into Sabah on Thursday. Kudat Maritime Zone director Hasbullah Omar said the operation was based on information from the Sabah Swasla radar, which was tracked by an MMEA patrol boat at about 6.30pm. Advertisement He said the boat refused to stop when approached, prompting a short chase before it was intercepted about 10.22 nautical miles west of Tanjung Kalutan, near the waters off Pulau Balambangan, Banggi. Checks found a skipper, a crew member and eight passengers — four women and four men aged between 19 and 40 — on board, and the vessel was escorted to the Kudat Marina jetty for investigation under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and Immigration Act 1959/63. Hasbullah urged the maritime community in Kudat waters to work with the authorities to combat smuggling and cross-border crime, and to report any such activity via the Kudat Operations Centre at 088-611858 or the 24-hour emergency line 999. * Follow us on our official WhatsApp channel and Telegram for breaking news alerts and key updates! * Do you have access to the Daily Express e-paper and online exclusive news? Check out subscription plans available. Stay up-to-date by following Daily Express's Telegram channel. Daily Express Malaysia
The Star
6 days ago
- The Star
Trio charged with arranging to smuggle Sri Lankan national via KLIA
KLANG: Three individuals including a woman have been brought before the Sessions Court here to face a charge of arranging the smuggling of a Sri Lankan national in July. The accused, G. Santhiya Darshini, 27, and Janarthanan Appupillai, 46, both Malaysians, along with Vtheewaran Palani, 48, a Sri Lankan citizen, nodded to indicate they understood the charge after it was read to them in Tamil before Judge Mohd Sabri Ismail. No plea was recorded as the case falls under the jurisdiction of the High Court. The trio is accused of jointly arranging the smuggling of a Sri Lankan migrant in transit via air through Terminal 1 of the Kuala Lumpur International Airport (KLIA) on July 10. They were charged under Section 26C of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, read together with Section 34 of the Penal Code, which carries a maximum sentence of 15 years' imprisonment and a fine, or both, upon conviction. At the same court, a Sri Lankan national, Antany Sujan Antany Ranjan, 21, was charged with possessing a fake passport in another person's name to facilitate migrant smuggling at the KLIA international departure gate at 10.25pm on July 10. No plea was recorded as the case falls under the jurisdiction of the High Court. He was charged under Section 26E of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act, which carries a sentence of between seven and 15 years' imprisonment, a fine of up to RM500,000, or both, upon conviction. Deputy Public Prosecutors Anisah Pisol and Norhidayah Abdullah Sani did not offer bail for any of the accused and requested that the cases be transferred to the Shah Alam High Court. The court allowed the prosecution's application to transfer all cases to the Shah Alam High Court. – Bernama
New Straits Times
01-08-2025
- New Straits Times
Indonesian man charged with smuggling migrants at Johor border
JOHOR BARU: A farmer was charged at the Sessions Court here today with smuggling six Indonesian migrants at the Sultan Iskandar Building (BSI) Customs, Immigration and Quarantine (CIQ) complex in June. Salim Ahmad, 61, pleaded not guilty to the charge, which was read to him by a court interpreter before Judge Siti Noraida Sulaiman. According to the charge sheet, the Indonesian man—who holds permanent resident status—is accused of smuggling six migrants aged between 25 and 47. The offence was allegedly committed at Counter 04, Zone C, Outbound Vehicle Control, BSI, at about 6am on June 14. He was charged under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007, which carries a maximum jail term of 20 years and a fine, or both, upon conviction. The prosecution was conducted by Nur Suriati Mohamad, a deputy public prosecutor from the Immigration Department. The accused was unrepresented. The court set Aug 13 for mention. Bail was denied.
The Star
01-08-2025
- The Star
Farmer charged with trafficking six Indonesians into country
JOHOR BARU: A farmer with permanent resident status has been charged at the Sessions Court here with smuggling six migrants into the country. The accused, Salim Ahmad, 61, pleaded not guilty after the charge was read before Judge Siti Noraida Sulaiman on Friday (August 1). According to the charge sheet, Salim was said to have smuggled six Indonesians aged from 25 to 47 at Counter 04, Zone C at the vehicle exit control of the Bangunan Sultan Iskandar Customs, Immigration and Quarantine Complex on June 14. The accused, who has permanent resident status, was charged under Section 26A of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007. If convicted, he faces up to 20 years' jail, a fine or both. No bail was granted and the court set Aug 13 for next mention.
