2007 05: Nazri: Whipping not included as punishment

The Star online. News. Parliament. Thursday May 10, 2007

At The Dewan RakyatReports by ZULKIFLI A. RAHMAN, ELIZABETH LOOI AND FLORENCE A. SAMY

THERE is no punishment of whipping in the Anti-Trafficking in Persons Bill 2007 because this is frowned upon by the UN convention against such crimes.

Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz said whipping was also against the government’s intention to comply with the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children (TIP Protocol).

The protocol is under the UN Convention Against Transnational Organised Crime, which Malaysia had already ratified in September 2004, he added.

Nazri said that although whipping was not included in the Bill, the Government had proposed heavy prison sentences of up to 20 years for offenders involved in human trafficking.

“This punishment is harsh compared with other countries because in Europe, the jail term for human trafficking offenders is only from two to 10 years. The prison terms act as a strong deterrent,” he said when winding up the debate on the Bill.

Earlier while debating the Bill, several MPs had called on the Government to include whipping as a form of punishment in human trafficking.

Datuk Badruddin Amiruldin (BN – Jerai) said that imposing jail sentence and fines were not harsh enough for human traffickers.

Datuk Mohd Said Yusof (BN – Jasin) called for a heavier sentence to be imposed on repeat offenders as a deterrent measure.

Earlier, tabling the Bill for the second reading, Nazri said the Bill sought to provide specific action against human trafficking issues, including prosecution, prevention of crimes, and care and protection of victims.

“The country can become a hotspot for trans-boundary human trafficking crimes if preventive laws were inadequate,” he added.

Nazri will continue in his reply today.

.............................................

Three months enough for trafficking victims
The Star online. News Parliament. Friday May 11, 2007

THE three-month protection for victims of trafficking in the Anti-Trafficking in Persons Bill complies with the UN Protocol.

Minister in the Prime Minister’s Department Datuk Seri Nazri Abdul Aziz said the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, stated that a foreign victim should not be held with undue or unreasonable delay.

“It is not that the Government is cruel for not wanting to protect the victims longer but this decision was made by a group of diplomats who felt that the victims must return home quickly,” he said.

A provision in the Bill seeks the Magistrate to make a Protection Order for a foreign victim of trafficking to be placed at a refuge not longer than three months for the purpose of recording evidence on oath before he or she is released to an Immigration officer.

The provision also says that if the victim is a Malaysian, the Protection Order can be up to two years and extended or revoked.

M. Kulasegaran (DAP – Ipoh Barat) had argued that three months was too short as the syndicates could probably track the victims after they were deported to their country.

He said the Government should issue temporary visas instead for the victims to stay in the country.

Nazri, however, said the victims would feel more comfortable to be back home with their family.

The Bill was passed unanimously in the House without amendments.