1. The Crime Of Human Trafficking
PREPARED BY:
1. Siti Fadzlikha Asyifa
2. Nur Diana

2. INTRODUCTION
• Article 5(1) of the Federal Constitution: “No person
shall be deprived of his life or personal liberty save
in accordance with law”
• Article 6 of the Federal Constitution: “No person
shall be held in slavery or forced labour”
• Human trafficking is obviously an offence against
human rights which have been protected before the
law.
• Malaysia have enacted the Anti-trafficking in
Persons and Anti-Smuggling of Migrants Act 2007
(Act 670) to combat this crimes.

3. What is
Human
Trafficking?
Who involves?
Types
Purpose
History of
Human
Trafficking
Modus
Operation
Factors
Trends
Legal
Aspect
Theories
Related to
Human
Trafficking
Concept of 3P
Combating
Human
Trafficking

4. DEFINITION
• An organized criminal activity in which human beings
are treated as possessions to be controlled and exploited.
• Legal definition: The recruitment, transportation,
transfer, harbouring or receipt of persons, by means of
the threat or use of force or other forms of coercion, of
abduction, of fraud, of deception, of the abuse of power
or of a position of vulnerability or of the giving or
receiving of payments or benefits to achieve the consent
of a person having control over another person, for the
purpose of exploitation.

5. Legal definition
Protocol to Prevent, Suppress and Punish
Trafficking in Persons
• Article 3, paragraph (a)
Anti-trafficking in Persons and Anti-Smuggling of
Migrants Act
The Trafficking in Persons Protocol also requires
criminalization of :
• attempts to commit a trafficking offence,
• participation as an accomplice in such an offence and
• organizing or directing others to commit trafficking.

6. Chang Chai Choi v Public Prosecutor
• Three elements are as follows ;
1) Activity by way of recruitment, transporting, transfer,
harbouring or receipt.
2) Means through the threat of use of force or other forms of
coercion, abduction, fraud, deception, and the abuse of
power or a position of vulnerability, giving or receiving of
payments or benefits to achieve the consent of a person
having control over another person.
3) Purpose of all forms of sexual exploitation, forced labour or
services, slavery or practices similar to slavery, servitude,
any illegal activity or the removal of human organs.

7. HISTORY
• Africans were captured by slave traders and shipped
across the Atlantic to America was the first human
trafficking.
• Forced labour of children during the 1700’s was the
real beginning of what is now known as human
trafficking.
• Sex human trafficking first legally recognized by the
term 'white slavery‘.
• British were the first to make a law against slavery in
1807,when they passed a law that made the
Transatlantic Slave Trade illegal
• 1820, the United States followed Great Britain's
example by making the slave trade a crime that was
punishable by death.

8. HISTORY
• 1899 and 1902, international conferences to talk about white slavery
were organized in Paris, France.
• Then in 1904, an international agreement against the 'white slave
trade' was created, with a focus on migrant women and children.
• In 1910, 13 countries signed the International Convention for the
Suppression of White Slave Trade to make this form of trafficking
illegal .
• This International Convention led to the creation of national
committees to work against the trafficking of white women.
• 1921, a the League of Nations held an international conference in
Geneva, in which the term 'white slavery' was changed to 'traffic of
women and children‘.
• Malaysian law amended in November 2010 to include all actions
involved in acquiring or maintaining the labour or services of a
person through coercion.

9. Who are
the
predators
Woman
Man and
woman
Man

10. Who
are the
victims?
Child
ManWoman

11. Type of
Human
Trafficking
Sex
Human
Trafficking
Forced
Labor
Illegal
Organ
Donation
Slavery
Forced
Child
Labor

12. MODUS
OPERATION
FACTORS
Local Condition
Demands
TRENDS
Sex Tourism
Illegal Organ
Donations

13. Theories
• Concept of 3P- prevention,
protection, and prosecution

14. • key component of the global movement to monitor and combat human
trafficking.
• focused on public awareness campaigns that inform and educate communities
in source and destination countries about human trafficking so that they can
identify victims or specifically warn migrants and other vulnerable populations.
Prevention
•protection efforts include the “3Rs” – rescue, rehabilitation, and reintegration
•First, by identifying victims ensuring that they can receive the support and resources
they need.
•After identification, governments make the rights and needs of victims a priority to
ensure that protection efforts restore a survivor’s dignity and provide an opportunity for
a safe and productive life
•. Rehabilitation efforts may help to provide emergency assistance and services; effective
placement in stable, long-term situations; and access to educational, vocational, and
economic opportunities for survivors of modern slavery. Reintegration efforts include
voluntary repatriation for trafficking victims and assistance in their home communities.
Protection
• prosecution is an indispensible element for government programs to
fight trafficking
• For example, prescribe a maximum prison sentence of at least four
years’ deprivation of liberty for the crime of trafficking in persons
and vigorously prosecute alleged trafficking offenders.
Prosecution

15. LEGAL ASPECTS
Penal Code
[Section 370 & 371]
Anti-trafficking in Persons and Anti-
Smuggling of Migrants Act (Act 670)
[Part III-Sec 12 to 26]

16. Section 370
• “ Whoever imports, exports, removes, buys, sells
or dispose of any person as a slave, or accepts,
receives or detains against his will any person as
slave, shall be punished with imprisonment for a
term which may extend to seven years, and shall
also liable to fine”.
• This offence is an actionable per se.
• Element of mens rea have been fulfilled once the
offence were committed

17. Section 371
• “Whoever habitually imports, exports, removes,
buys, sells, traffics, or deals in slaves, shall be
punished with imprisonment for a term which
may extend to twenty years, and shall also be
liable to fine”
• The important key words in this section is the
habitual dealing.
• Habitual means ordinary or common practice of
a person.

18. Part III provides a chapter entitled the Trafficking in
Persons Offences, Immunity, Etc
In this chapter of Act, the statutes lists down all related provision against human trafficking.
Each sections imposed vary punishments. Below are the list of sections and its heading:
• s 12 :Offence of trafficking in persons
• s 13 :Offence of trafficking in persons by means of threat, force, etc.
• s 14 :Offence of trafficking in children
• s 15 :Offence of profiting from exploitation of a trafficked person
• s 15A: Offence in relation to trafficked person in transit
• s 16 :Consent of trafficked person irrelevant
• s 17 :Past sexual behaviour irrelevant
• s 17A: Movement or conveyance of trafficked person irrelevant
• s 18 :Fraudulent travel or identity documents
• s 19 :Recruiting persons
• s 20:Providing facilities in support of trafficking in persons
• s 21 :Providing services for purposes of trafficking in persons
• s 22 ;Harbouring persons
• s 23 :Obligation of owner, operator or master of conveyance
• s 24 :Intentional omission to give information
• s 25 :Immunity from criminal prosecution
• s 26 :Protection of informers

19. How to
combat
human
trafficking?
Self
Awareness
Education
Punishments
Institutions
Concerns
Authorities
and NGOs
Therefore,
human
trafficking
cases may be
reduces

20. • traffickers take an
advantage of lack of
knowledge or life
experiences of the potential
victims to deceive them,
• So, creating awareness is
the only way to reduce the
number of people
trafficked.
Self-
awareness
• Education and knowledge of
trafficking in persons
among all members of
society are key to beat
human traffickers
• we can elicit the most direct
influence in the fight to
achieve freedom
Education

21. • Training helps educators
learn about red flags and
from whom to seek help
as well as provides a
heightened
understanding of a
trafficked person’s
circumstances, fears, and
challenges
• how to talk to students
about trafficking and
their safety
Institutions
• Teamwork is vital if we want to
take the fight against human
trafficking to new levels
• UNODC as the guardian of the
UN Protocol against trafficking in
persons
• UNICEF in promoting the
protection of children from
violence, abuse, and exploitation,
• ILO to promote protection against
forced labour and preventing
child labour
• IOM in promoting the protection
of migrant workers
• OHCHR as the custodian of the
anti-slavery legal instruments
• OSCE in fighting human
trafficking in its region.
Authorities
and NGOs
• There must be
harsher
penalties for
traffickers
• also apply to
lesser offenses,
so that
traffickers
typically escape
deserved
punishment.
Punishment