Data Dashboards

Malaysia
Measurement
Measuring the Change

using prevalence data providing the widest temporal coverage of the most complete and comparable measures available by ICLS standards.

Due to lack of data, there is no change to report.

_%
Best Target 8.7 Data:

No Data Available

Data Availability
  • Child labour: No nationally representative data
  • Forced labour: No nationally representative data
  • Human trafficking: No nationally representative data
Context
Human Development

Human Development Index Score: 0.802 (2017)

Mean School Years: 10.2 (2016)

Labour Indicators

Vulnerable Employment: 22% (2017)

Working Poverty Rate: 2.9% (2016)

Government Efforts
Key Ratifications
  • ILO Protocol of 2014 to the Forced Labour Convention, P029: Not ratified
  • ILO Worst Forms of Child Labour Convention, C182: Ratified 2000
  • UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Palermo Protocol): Accession 2009
Social Protection Coverage

General (at least one): No data

Unemployed: No data

Pension: 19.8% (2010)

Vulnerable: No data

Children: No data

Disabled: No data

Poor: No data

Measurement of child labour prevalence has evolved considerably over the past two decades. Estimates of child labour incidence are more robust and exist for more countries than any other form of exploitation falling under SDG Target 8.7.

No nationally representative data is available on child labour prevalence in Malaysia.

Visit the How to Measure the Change page for information on ILO-SIMPOC methods and guidelines for defining, measuring and collecting data on child labour.

Measuring the incidence of forced labour is a much more recent endeavour and presents unique methodological challenges compared to the measurement of child labour.

No nationally representative data is available on forced labour prevalence in Malaysia.

Visit the How to Measure the Change page for information on new guidelines presented by the International Labour Organization and adopted by the International Conference of Labour Statisticians.

The challenges in estimating human trafficking are similar to those of estimating forced labour, though recent innovations in estimation have begun to produce prevalence estimates in developed countries.

No nationally representative data is available on human trafficking prevalence in Malaysia.

Visit the How to Measure the Change page to learn about measuring human trafficking prevalence, including information on collecting data through national referral mechanisms and producing prevalence statistics using Multiple Systems Estimation (MSE).

Case Data: International and Non-Governmental Organizations

Civil society organizations (CSOs) focused on human trafficking victim assistance can serve as crucial sources of data given their ability to reach a population that is notoriously difficult to sample.

Counter Trafficking Data Collaborative (CTDC): The International Organization for Migration (IOM), Polaris and Liberty Asia have launched a global data repository on human trafficking, with data contributed by counter-trafficking partner organizations around the world. Not only does the CTDC serve as a central repository for this critical information, it also publishes normed and harmonized data from various organizations using a unified schema. This global dataset facilitates an unparalleled level of cross-border, trans-agency analysis and provides the counter-trafficking movement with a deeper understanding of this complex issue. Equipped with this information, decision makers will be empowered to create more targeted and effective intervention strategies.

Prosecution Data

UNODC compiles a global dataset on detected and prosecuted traffickers, which serves as the basis in their Global Report for country profiles. This information is beginning to paint a picture of trends over time, and case-specific information can assist investigators and prosecutors.

Data on enforcement statistics by various agencies available at http://www.data.gov.my/

 

 

Case data at the country level

Data on enforcement statistics by various agencies available: http://www.data.gov.my/

Key aspects of human development, such as poverty and lack of education, are found to be associated with risk of exploitation. Policies that address these issues may indirectly contribute to getting us closer to achieving Target 8.7.

Human Development Index (Source: UNDP)

The Human Development Index (HDI) is a summary measure of achievements in three key dimensions of human development: (1) a long and healthy life; (2) access to knowledge; and (3) a decent standard of living. Human development can factor into issues of severe labour exploitation in multiple ways.

The chart displays information on human development in Malaysia between 1990 and 2015. Sample years do not have data disaggregated by sex. 

The most recent year of the HDI, 2015, shows that the average human development score in Malaysia is 0.789. This score indicates that human development is high.

HDI Education Index (Source: UNDP)

Lack of education and illiteracy are key factors that make both children and adults more vulnerable to exploitive labour conditions.

As the seminal ILO report Profits and Poverty explains:

“Adults with low education levels and children whose parents are not educated are at higher risk of forced labour. Low education levels and illiteracy reduce employment options for workers and often force them to accept work under poor conditions. Furthermore, individuals who can read contracts may be in a better position to recognize situations that could lead to exploitation and coercion.”

The bars on the chart represent the Education Index score and the line traces the mean years of education in Malaysia over time.

Decent work, a major component of SDG 8 overall, has clear implications on the forms of exploitation within Target 8.7. Identifying shortcomings in the availability of equitable, safe and stable employment can be a step in the right direction towards achieving Target 8.7.

HDI Vulnerable Employment (Source: UNDP)

There are reasons to believe that certain types of labour and labour arrangements are more likely to lead to labour exploitation. According to the ILO:

“Own-account workers and contributing family workers have a lower likelihood of having formal work arrangements, and are therefore more likely to lack elements associated with decent employment, such as adequate social security and a voice at work. The two statuses are summed to create a classification of ‘vulnerable employment’, while wage and salaried workers together with employers constitute ‘non-vulnerable employment’.”

Between 1995 and 2014, Malaysia showed a decrease in the proportion of workers in vulnerable employment as compared to those in secure employment.

Working Poverty Rate (Source: ILO)

Labour income tells us about a household’s vulnerability. As the ILO explains in Profits and Poverty:

“Poor households find it particularly difficult to deal with income shocks, especially when they push households below the food poverty line. In the presence of such shocks, men and women without social protection nets tend to borrow to smooth consumption, and to accept any job for themselves or their children, even under exploitative conditions.”

ILO indicators that measure poverty with respect to the labour force include working poverty rate, disaggregated by sex, with temporal coverage spanning from 2000 to 2016. The chart displays linear trends in working poverty rate over time for all individuals over 15 years of age.

Labour Productivity (Source: ILO)

Labour productivity is an important economic indicator that is closely linked to economic growth, competitiveness, and living standards within an economy.” However, when increased labour output does not produce rising wages, this can point to increasing inequality. As indicated by a recent ILO report (2015), there is a “growing disconnect between wages and productivity growth, in both developed and emerging economies”. The lack of decent work available increases vulnerability to situations of labour exploitation.

Labour productivity represents the total volume of output (measured in terms of Gross Domestic Product, GDP) produced per unit of labour (measured in terms of the number of employed persons) during a given period.

Rates of Non-fatal Occupational Injuries (Source: ILO)

Occupational injury and fatality data can also be crucial in prevention and response efforts.

As the ILO explains:

“Data on occupational injuries are essential for planning preventive measures. For instance, workers in occupations and activities of highest risk can be targeted more effectively for inspection visits, development of regulations and procedures, and also for safety campaigns.”

There are serious gaps in existing data coverage, particularly among groups that may be highly vulnerable to labour exploitation. For example, few countries provide information on injuries for migrant and non-migrant workers.

Rates of Fatal Occupational Injuries (Source: ILO)

Data on occupational health and safety may reveal conditions of exploitation, even if exploitation may lead to under-reporting of workplace injuries and safety breaches. At present, the ILO collects data on occupational injuries, both fatal and non-fatal, disaggregating by sex and migrant status.

Research to date suggests that a major factor in vulnerability to labour exploitation is broader social vulnerability, marginalization or exclusion.

Groups Highly Vulnerable to Exploitation (Source: UNHCR)

Creating effective policy to prevent and protect individuals from forced labour, modern slavery, human trafficking and child labour means making sure that all parts of the population are covered, particularly the most vulnerable groups, including migrants.

According to the 2016 Global Estimates of Modern Slavery: “Almost one of every four victims of forced labour were exploited outside their country of residence, which points to the high degree of risk associated with migration in the modern world, particularly for migrant women and children.”

As IOM explains: “Although most migration is voluntary and has a largely positive impact on individuals and societies, migration, particularly irregular migration, can increase vulnerability to human trafficking and exploitation.” UNODC similarly notes that: “The vulnerability to being trafficked is greater among refugees and migrants in large movements.”

The chart displays UNHCR’s estimates of persons of concern in Malaysia.

Achieving SDG Target 8.7 will require national governments to take direct action against the forms of exploitation through policy implementation.

Official Definitions
Forced Labour

Constitution of Malaysia, 1957 as of 1 November 2010
6.1. no person shall be held in slavery.
6.2. All forms of forced labour are prohibited, but parliament may by law provide for compulsory service for national purposes.
6.3. work or service required from any person as a consequence of a conviction or a finding of guilt in a court of law shall not be taken to be forced labour within the meaning of this Article, provided that such work or service is carried out under the supervision and control of a public authority.
6.4. where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first-mentioned public authority shall be bound to serve the second-mentioned public authority, and their service with the second-mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first-mentioned or the second-mentioned public authority by reason of the transfer of his employment.

Child Labour

Children and Young Persons (Employment) Act 1966 (Act 350).
1A.1. In this Act, unless the context otherwise requires—
“child” means any person who has not completed his fifteenth year of age;
“light work” means any work performed by a worker—

a. while sitting, with moderate movement of the arm, leg and trunk; or
b. while standing, with mostly moderate movement of the arm;
“young person” means any person who, not being a child, has not completed his eighteenth year of age;

 2.1. No child or young person shall be, or be required or permitted to be, engaged in any hazardous work, or any employment other than those specified in this section.
2.2. A child may be engaged in any of the following employments:

a. employment involving light work suitable to his capacity in any undertaking carried on by his family;
b. employment in any public entertainment, in accordance with the terms and conditions of a licence granted in that behalf under this Act;
c. employment requiring him to perform work approved or sponsored by the Federal Government or the Government of any State and carried on in any school, training
institution or training vessel; and
d. employment as an apprentice under a written apprenticeship contract approved by the Director General with whom a copy of such contract has been filed.

2.3. A young person may be engaged in any of the following employments:

a. any employment mentioned in subsection (2); and in relation to paragraph (a) of that subsection any employment suitable to his capacity (whether or not the undertaking is carried on by his family);
b. employment as a domestic servant;
c. employment in any office, shop (including hotels, bars, restaurants and stalls), godown, factory, workshop, store, boarding house, theatre, cinema, club or association;
d. employment in an industrial undertaking suitable to his capacity; and
e. employment on any vessel under the personal charge of his parent or guardian:

Provided that no female young person may be engaged in any employment in hotels, bars, restaurants, boarding houses or clubs unless such establishments are under the management or control of her parent or guardian:
Provided further that a female young person may be engaged in any employment in a club not managed by her parent or guardian with the approval of the Director General.

2.4. The Minister may, if he is satisfied that any employment (not mentioned in subsection (2) or subsection (3)) is not dangerous to life, limb, health, safety or morals, by order declare such employment to be an employment in which a child or young person may be, or permitted to be, engaged; and the Minister may in such order impose such conditions as he deems fit and he may at any time revoke or vary the order or may withdraw or alter such conditions.

3. Notwithstanding the foregoing provisions, the Minister may, in any particular case, by order prohibit any child or young person from engaging or from being engaged in any of the employments mentioned in section 2 if he is satisfied that having regard to the circumstances such employment would be detrimental to the interests of the child or young person, as the case may be.
4. No child or young person engaged in any employment shall in any period of seven consecutive days be required or permitted to work for more than six days.
5.1 No child engaged in any employment shall be required or permitted—

a. to work between the hours of 8 o’clock in the evening and 7 o’clock in the morning;
b. to work for more than three consecutive hours without a period of rest of at least thirty minutes;
c. to work for more than six hours in a day or, if the child is attending school, for a period which together with the time he spends attending school, exceeds seven hours; or
d. to commence work on any day without having had a period of not less than fourteen consecutive hours free from work.

5.2. Paragraph 1.a. shall not apply to any child engaged in employment in any public entertainment.

Worst Forms of Child Labour

Children and Young Persons (Employment) Act 1966 (Act 350) amend. Children And Young Persons (Employment) (Amendment) Act 2010 [Act A1386]
Employment in which children and young persons may be engaged
2.5. No child or young person shall be, or be required or permitted to be, engaged in any employment contrary to the provisions of the Factories and Machinery Act 1967 [Act 139], the Occupational Safety and Health Act 1994 [Act 514] or the Electricity Supply Act 1990 [Act 447] or in any employment requiring him to work underground.
2.6. For the purpose of this section, “hazardous work” means any work that has been classified as hazardous work based on the risk assessment conducted by a competent authority on safety and health determined by the Minister.

Trafficking in Persons

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 amend. An Act to amend the Anti-Trafficking in Persons Act 2007, 2010
“trafficking in persons” means all actions involved in acquiring or maintaining the labour or services of a person through coercion, and includes the act of recruiting, conveying, transferring, harbouring, providing or receiving a person for the purposes of this Act;

Slavery

Constitution of Malaysia, 1957 as of 1 November 2010
6.1. no person shall be held in slavery.
6.2. All forms of forced labour are prohibited, but parliament may by law provide for compulsory service for national purposes.
6.3. work or service required from any person as a consequence of a conviction or a finding of guilt in a court of law shall not be taken to be forced labour within the meaning of this Article, provided that such work or service is carried out under the supervision and control of a public authority.
6.4. where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first-mentioned public authority shall be bound to serve the second-mentioned public authority, and their service with the second-mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first-mentioned or the second-mentioned public authority by reason of the transfer of his employment.

Governments can take action to assist victims and to prevent and end the  perpetration of forced labour, modern slavery, human trafficking and child labour. These actions should be considered in wider societal efforts to reduce prevalence and move towards eradication of these forms of exploitation.

Policies for Assistance

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 amend. An Act to amend the Anti-Trafficking in Persons Act 2007, 2010
25. A trafficked person shall not be liable to criminal prosecution in respect of—

a. his illegal entry into the receiving country or transit country;
b. his period of unlawful residence in the receiving country or transit country; or
c. his procurement or possession of any fraudulent travel or identity document which he obtained, or with which he was supplied, for the purpose of entering the receiving country or transit country, where such acts are the direct consequence of an act of trafficking in persons that is alleged to have been committed or was committed.

41.a. This Part shall not apply to a smuggled migrant unless such smuggled migrant is a trafficked person

42.1. The Minister may, by notification in the Gazette, declare any house, building or place, or any part thereof, to be a place of refuge for the care and protection of trafficked persons and may, in like manner, declare that such place of refuge ceases to be a place of refuge.
42.2. The Minister may, from time to time, direct the separation of different categories of trafficked persons, among others, according to age and gender either at the same place of refuge or at different places of refuge.

43.1. The Minister, after consultation with the Minister charged with the responsibility for women, family and community development may, by notification in the Gazette, appoint such number of Social Welfare Officers or any other public officers to exercise the powers and perform the duties of a Protection Officer under this Act subject to any condition as may be specified in the notification.
43.2. The Protection Officer shall—

a. have control over and responsibility for the care and protection of the trafficked person at the place of refuge;
b. carry out an enquiry and cause to be prepared a report of the trafficked person as required under this Act;
c. have the power to supervise the trafficked person upon order by the Magistrate or direction by the Minister; and
d. have such other powers, duties and functions as the Minister may prescribe.

44.1. An enforcement officer may, on reasonable suspicion that any person who is found or rescued is a trafficked person, take that person into temporary custody and produce him before a Magistrate within twenty-four hours, exclusive of the time necessary for the journey to the Magistrate’s Court, for the purpose of obtaining an interim protection order.
44.2. The Magistrate shall make an interim protection order for the person to be placed at a place of refuge for a period of fourteen days for the purpose of carrying out an investigation and enquiry under section 51.
44.3. The enforcement officer shall, upon obtaining the order issued under subsection (2), surrender the trafficked person to a Protection Officer to place that trafficked person at the place of refuge specified in the order.

45.1. Where an enforcement officer who takes a person into temporary custody under subsection 44(1) is of the opinion that the person is in need of medical examination or treatment, the enforcement officer may, instead of taking that person before a Magistrate, present him to a medical officer.
45.2. If at the time of being taken into temporary custody, the person is a patient in a hospital, the enforcement officer may leave that person in the hospital.

46. A medical officer before whom a person is presented under section 45—

a. shall conduct or cause to be conducted an examination of the person;
b. may in examining the person and if so authorised by an enforcement officer, administer or cause to be administered such procedures and tests as may be necessary to diagnose the person’s condition; or
c. may provide or cause to be provided such treatment as he considers necessary as a result of the diagnosis.

47. Where a person taken into temporary custody under subsection 44.1. is a child and the medical officer who examines him is of the opinion that his hospitalization is necessary for the purpose of medical care or treatment, an enforcement officer may authorise that person to be hospitalised.

48. Where the person taken into temporary custody under subsection 44.1. is hospitalised, the enforcement officer shall have control over, and responsibility for, the security and protection of that person.

49.1. A person who is taken into temporary custody under subsection 44.1. and is medically examined under section 46 shall be produced before a Magistrate within twenty-four hours—

a. of the completion of such examination or treatment; or
b. if the person is hospitalised, on his discharge from the hospital.

49.2. If it is not possible to bring that person before a Magistrate within the time specified in subsection 1, that person shall be placed in a place of refuge until such time as he can be brought before a Magistrate.

50.1. If a person is examined or treated under this Part—

a. the enforcement officer who authorises such examination or treatment;
b. the medical officer who examines or treats the person; and
c. all persons acting in aid of the medical officer, shall not incur any liability at law by reason only that a person is examined or treated pursuant to this Part.

50.2. Nothing contained in subsection 1 relieves a medical officer from liability in respect of the examination or treatment of the person taken into temporary custody under subsection 44.1., which liability he would have been subject to had the examination or treatment been carried out or administered with the consent of the parent or guardian of the person or person having authority to consent to the examination or treatment.

51. 1. Where an interim protection order is made under subsection 44.2., within fourteen days from the date of such order—

a. an enforcement officer shall investigate into the circumstances of the person’s case for the purpose of determining whether the person is a trafficked person under this Act; and
b. a Protection Officer shall enquire into the background of that person.

51.2. Upon completion of the investigation and enquiry under subsection (1), the enforcement officer and the Protection Officer shall jointly prepare a report and produce the report together with the person before a Magistrate’s Court for the purpose of satisfying the Magistrate that such person is a trafficked person under this Act.
51.3. Where the Magistrate, having read the report produced under subsection (2), is satisfied that the person brought before him—

a. is a trafficked person and in need of care and protection, the Magistrate may make a Protection Order—

i. in the case of a trafficked person who is a citizen or permanent resident of Malaysia, ordering that such trafficked person be placed in a place of refuge for a period not exceeding two years from the date of the order; or
ii. in the case of a trafficked person who is a foreign national, ordering that such trafficked person be placed in a place of refuge for a period not exceeding three months from the date of the order, and thereafter to release him to an immigration officer for necessary action in accordance with the provisions of the Immigration Act 1959/63,

b. is not a trafficked person, the Magistrate may—

i. in the case of a person who is a citizen or permanent resident of Malaysia, order that person to be released; or
ii. in the case of a person who is a foreign national, order that person to be released to an immigration officer for necessary action in accordance with the provisions of the Immigration Act 1959/63.

51.4. The Magistrate may at any time, on the application of an enforcement officer or a Protection Officer, as the case may be, extend or revoke the Protection Order made under this section.
51.5. Notwithstanding subsection (4), where the trafficked person is a foreign national, an extension of the Protection Order may be granted only for the purpose of completing the recording of his evidence under section 52 or for any exceptional circumstances as determined by the Magistrate.
51.6. Nothing in this section shall prejudice any prosecution of an act of trafficking in persons under this Act.

52.1. At any time during the period of the Protection Order made under subparagraph 51(3)(a)(ii), where a criminal prosecution has been instituted against any person for an offence under this Act, the Public Prosecutor may make an oral application for the production of the trafficked person before a Sessions Court before which the criminal prosecution has been instituted for the purpose of recording that trafficked person’s evidence on oath.
52.2. The Sessions Court Judge may, upon such application, issue a summons or order directed to the person in charge of the place of refuge where such trafficked person is placed, requiring him to produce the trafficked person at the time and place specified in the summons or order.
52.3. The Sessions Court Judge shall record the evidence of the trafficked person and complete such recording within seven days from the date of the production of that trafficked person before him.
52.4. In the course of the recording of evidence of the trafficked person, he shall be examined in accordance with the provisions of the Evidence Act 1950.
52.5. The Sessions Court Judge shall cause the evidence taken by him to be reduced into writing and, at the end of that writing, shall sign the same.
52.6. Notwithstanding anything contained in this Act or any other written laws to the contrary, the evidence recorded under this section shall be admissible in evidence in any proceedings under this Act and the weight to be attached to such evidence shall be the same as that of a witness who appears and gives evidence in the course of a proceeding.

53. 1. Where a trafficked person placed in a place of refuge is a citizen or permanent resident of Malaysia, the parent, guardian or relative of that person may, at any time, make an application to the Magistrate’s Court to commit that person into the custody of the parent, guardian or relative.
53.2. The parent, guardian or relative of the trafficked person shall serve a copy of the application to the Protection Officer.
53.3. Upon receipt of an application under subsection 2, the Protection Officer shall cause a report to be prepared in relation to—

a. the trafficked person;
b. the status of any investigation or prosecution for any offence under this Act in relation to the trafficked person;
c. the background of the trafficked person, his parent, guardian or relative; or
d. any other matter as the Protection Officer deems relevant, to enable the Magistrate to determine the application in the best interest of the trafficked person.

53.4. The Magistrate shall, upon receipt of the application, fix a date for the hearing of the application, and shall, by notice in writing, inform the parent, guardian or relative of the trafficked person, as the case may be, the Protection Officer or other person the Magistrate deems fit, and shall require the production of the trafficked person before him on the appointed date.
53.5. After hearing the application and having read the report of the Protection Officer, and if the Magistrate is satisfied that it is in the best interest of the trafficked person, he may—

a. commit the person into the care and protection of the parent, guardian or relative of the person, upon such conditions as he may deems fit to impose;
b. require the parent, guardian or relative of the person to enter into a bond; or
c. require the person to be placed under the supervision of a Protection Officer, for a period to be determined by the Magistrate.

53.6. The Magistrate may, at any time, revoke any order made under subsection 5.

54. 1. Upon revocation of a Protection Order or expiry of the period specified in a Protection Order, the Protection Officer shall—

a. in the case of a trafficked person who is a citizen or permanent resident of Malaysia, release that person; or
b. in the case of a trafficked person who is a foreign national, release that person to an immigration officer for necessary action in accordance with the provisions of the Immigration Act 1959/63.

54.2. The immigration officer shall take all necessary steps to facilitate the return of that trafficked person to his country of origin without unnecessary delay, with due regard for his safety.
54.3. Notwithstanding paragraph 1.a, the court may, upon an application made by the Protection Officer, and being satisfied that such person is in need of further care and protection, make an order that such trafficked person be placed in the place of refuge for any further period as the Magistrate deems fit.

55. Any trafficked person who escapes or is removed from a place of refuge without lawful authority—

a. may be taken into custody by any enforcement officer and shall be brought back to the place of refuge; and
b. shall be placed for such period which is equal to the period during which he was unlawfully at large and for the unexpired residue of his term in the Protection Order originally made by the Magistrate.

56. Any person who—

a. removes a trafficked person from a place of refuge without lawful authority;
b. knowingly assists or induces, directly or indirectly, a trafficked person to escape from a place of refuge; or
c. knowingly harbours or conceals a trafficked person who has so escaped, or prevents him from returning to the place of refuge, commits an offence.

57. The Minister may, at any time, for reasons which appear to him to be sufficient, by order in writing direct the removal of any trafficked person from a place of refuge to any other place of refuge as may be specified in the order.

Penalties

Penal Code (Act 574), 1936
Buying or disposing of any person as a slave 370. Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.

Habitual dealing in slaves 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.

Exploiting any person for purposes of prostitution 372.1. Whoever—

a. sells, lets for hire or otherwise disposes of, or procures, buys or hires or otherwise obtains possession of, any person with such intention that the person is to be employed or used for the purpose of prostitution or of having sexual intercourse with any other person, either within or outside Malaysia, or knowing or having reason to believe that the person will be so employed or used;
b. by or under any false pretence, false representation, or fraudulent or deceitful means made or used, either within or outside Malaysia, brings or assists in bringing into, or takes out or assists in taking out of, Malaysia, any person with such intention that the person is to be employed or used for the purpose of prostitution or of having sexual intercourse with any other person, either within or outside Malaysia, or knowing or having reason to believe that the person will be so employed or used;
c. receives or harbours any person—

i. who has been sold, let for hire or otherwise disposed of, or who has been procured, purchased, hired or otherwise obtained possession of in the circumstances as set out in paragraph (a); or
ii. who has been brought into or taken out of Malaysia in the circumstances as set out in paragraph (b), knowing or having reason to believe that the person is to be employed or used for the purpose of prostitution or of having sexual intercourse with any other person, either within or outside Malaysia, and with intent to aid such purpose;

d. wrongfully restrains any person in any place with such intention that the person will be used or employed for the purpose of prostitution or of having sexual intercourse with any other person;
e. by means of any advertisement or other notice published in any manner or displayed in any place for prostitution service or a service which a reasonable person would understand it to be a prostitution service, offers any person for the purpose of prostitution or seeks information for that purpose or accepts such advertisement or notice for publication or display;
f. acts as an intermediary on behalf of another or exercises control or influence over the movements of another in such a manner as to show that the person is aiding or abetting or controlling the prostitution of that other,
shall be punished with imprisonment for a term which may extend to fifteen years and with whipping, and shall also be liable to fine.

2. For the purpose of paragraph (1)(d), it shall be presumed until the contrary is proved that a person wrongfully restrains a person if he—

a. withholds from that person wearing apparel or any other property belonging to that person or wearing apparel commonly or last used by that person;
b. threatens that person to whom wearing apparel or any other property has been let or hired out or supplied to with legal proceedings if he takes away such wearing apparel or property;
c. threatens that person with legal proceedings for the recovery of any debt or alleged debt or uses any other threat whatsoever; or
d. without any lawful authority, detains that person’s identity card issued under the law relating to national registration or that person’s passport.

3. In this section and in sections 372A and 372B, “prostitution” means the act of a person offering that person’s body for sexual gratification for hire whether in money or in kind; and “prostitute” shall be construed accordingly.

Unlawful compulsory labour 374. Whoever unlawfully compels any person to labour against the will of that person, shall be punished with imprisonment for a term which may extend to one year or with fine or with both.

Children and Young Persons (Employment) Act 1966 (Act 350) amend. Children And Young Persons (Employment) (Amendment) Act 2010 [Act A1386]
Offence by body corporate, etc.
9A. Where an offence under this Act has been committed by a body corporate, partnership, society or trade union—

a. in the case of a body corporate, any person who is a director, manager, or other similar officer of the body corporate at the time of the commission of the offence;
b. in the case of a partnership, every partner in the partnership at the time of the commission of the offence; and
c. in the case of a society or trade union, every office-bearer of the society or trade union at the time of the commission of the offence, shall be deemed to have committed the offence and may be charged jointly or severally in the same proceedings as the body corporate, partnership, society or trade union.

Children and Young Persons (Employment) Act 1966 (Act 350)
Penalty
14.1. Any person contravening any of the provisions of this Act or of any regulations or order made thereunder or who being the parent or guardian of a child or young person knowingly acquiesces in any such contravention in respect of such child or young person shall be guilty of an offence and shall be liable on conviction to imprisonment for a term not exceeding one year or to a fine not exceeding five thousand ringgit or to both and, in the case of a second or subsequent offence, shall be liable on conviction to imprisonment for a term not exceeding three years or to a fine not exceeding ten thousand ringgit or to both.
14.2. On the conviction of any person for an offence under subsection (1) the Director General shall, if the person convicted is the holder of a licence under the * Theatres and Places of Public Amusement Enactment 1936 of the Federated Malay States [F.M.S. 47 of 1936] or under any other corresponding written law in force, inform the licensing authority concerned of the particulars of such conviction and the licensing authority may take such action as it considers appropriate

Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 amend. An Act to amend the Anti-Trafficking in Persons Act 2007, 2010
Offence of trafficking in persons 12. Any person, who traffics in persons not being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine.

Offence of trafficking in persons by means of threat, force, etc.
13. Any person, who traffics in persons not being a child, for the purpose of exploitation, by one or more of the following means:

a. threat;
b. use of force or other forms of coercion;
c. abduction;
d. fraud;
e. deception;
f. abuse of power;
g. abuse of the position of vulnerability of a person to an act of trafficking in persons; or
h. the giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person, commits an offence and shall, on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine.

Offence of trafficking in children 14. Any person, who traffics in persons being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine.

Offence of profiting from exploitation of a trafficked person
15. Any person who profits from the exploitation of a trafficked person commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to a fine of not less than five hundred thousand ringgit but not exceeding one million ringgit and shall also be liable to forfeiture of the profits from the offence.

Offence in relation to trafficked person in transit
15a. Any person who brings in transit a trafficked person through Malaysia by land, sea or air, or otherwise arranges or facilitates such act commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding seven years, and shall also be liable to fine.

Consent of trafficked person irrelevant 16. In a prosecution for an offence under section 12, 13 or 14, it shall not be a defence that the trafficked person consented to the act of trafficking in persons.

Past sexual behaviour irrelevant 17. A trafficked person’s past sexual behaviour is irrelevant and inadmissible for the purpose of proving that the trafficked person was engaged in other sexual behaviour or to prove the trafficked person’s sexual predisposition.

Movement or conveyance of trafficked person irrelevant 17a. In a prosecution for any offence under this Part, the prosecution need not prove the movement or conveyance of the trafficked person but that the trafficked person was subject to exploitation.

Fraudulent travel or identity documents 18. Any person who makes, obtains, gives, sells or possesses a fraudulent travel or identity document for the purpose of facilitating an act of trafficking in persons commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to a fine of not less than fifty thousand ringgit but not exceeding five hundred thousand ringgit.

Recruiting persons 19. Any person who knowingly recruits, or agrees to recruit, another person to participate in the commission of an act of trafficking in persons, commits an offence and shall, on conviction be punished, with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Providing facilities in support of trafficking in persons 20. Any person being—

a. the owner, occupier, lessee or person in charge of any premises, room or place, knowingly permits a meeting to be held in that premises, room or place; or
b. the owner, lessee or person in charge of any equipment or facility that allows for recording, conferencing or meetings via technology, knowingly permits that equipment or facility to be used, for the purpose of committing an offence under this Act, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

Providing services for purposes of trafficking in persons 21. 1. Any person who, directly or indirectly, provides or makes available financial services or facilities—

a. intending that the services or facilities will be used, or knowing or having reasonable grounds to believe that the services or facilities will be used, in whole or in part, for the purpose of committing or facilitating the commission of an act of trafficking in persons, or for the purpose of benefiting any person who is committing or facilitating the commission of an act of trafficking in persons; or
b. knowing or having reasonable grounds to believe that, in whole or in any part, the services or facilities will be used by or will benefit any person involved in an act of trafficking in persons, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

21.2. For the purpose of subsection (1), “financial services or facilities” include the services or facilities offered by lawyers or accountants acting as nominees or agents for their clients.

Harbouring persons 22. 1. Any person who—

a. harbours a person; or
b. prevents, hinders or interferes with the arrest of a person, knowing or having reason to believe that such person has committed or is planning or is likely to commit an act of trafficking in persons, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding ten years, and shall also be liable to fine.

22.2. In this section, “harbour” means supplying a person with shelter, food, drink, money or clothes, arms, ammunition or means of conveyance, or assisting a person in any way to evade apprehension.

Obligation of owner, operator or master of conveyance 23. 1. Any person being the owner, operator or master of any conveyance, that engages in the transportation of goods or people for commercial gain shall ensure that every person travelling on board is in possession of travel documents for lawful entry of that person into the receiving country or transit country.
23.2. Any owner, operator or master of any conveyance mentioned in subsection (1) who—

a. knowingly permits or has reasonable grounds to believe that such conveyance is used for purposes of bringing a person into a receiving country or transit country without travel documents required for the lawful entry of that person into the receiving country or transit country; or
b. knowingly permits or has reasonable grounds to believe that such conveyance is being used for purposes of committing any offence of trafficking in persons, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years or to both.

23.3. In any proceedings for an offence under this section, it shall be a defence for such owner, operator or master to prove that—

a. he has reasonable grounds to believe that the travel documents of the person travelling on board are travel documents required for lawful entry of that person into the receiving country;
b. the person travelling on board possessed travel documents required for lawful entry into the receiving country when that person boarded, or last boarded, the conveyance to travel to the receiving country; or
c. the entry of the person into the receiving country or transit country occurred only because of illness or injury to that person, stress of weather or any other circumstances beyond the control of such owner, operator or master.

23.4. Any person convicted of an offence under this section shall be liable to pay the costs of the trafficked person’s detention in, and removal from, the receiving country or transit country.
23.5. Where there is no prosecution or conviction under this section, the owner, operator or master of the conveyance used shall be jointly and severally liable for all expenses incurred by the Government in respect of the detention and maintenance of the trafficked person and his removal from Malaysia and such expenses shall be recoverable as a debt due to the Government.

Intentional omission to give information 24. Any person who knowing or having reason to believe, that any offence under this Act has been or will be committed, intentionally omits to give any information respecting that offence, commits an offence and shall, on conviction, be liable to a fine not exceeding two hundred and fifty thousand ringgit or to imprisonment for a term not exceeding five years, or to both.

Measures to address the drivers of vulnerability to exploitation can be key to effective prevention. A broad range of social protections are thought to reduce the likelihood that an individual will be at risk of exploitation, especially when coverage of those protections extends to the most vulnerable groups.

Social Protection Coverage: General (at Least One)
Social Protection Coverage (Source: ILO)

The seminal ILO paper on the economics of forced labour, Profits and Poverty, explains the hypothesis that social protection can mitigate the risks that arise when a household is vulnerable to sudden income shocks, helping to prevent labour exploitation. It also suggests that access to education and skills training can enhance the bargaining power of workers and prevent children in particular from becoming victims of forced labour. Measures to promote social inclusion and address discrimination against women and girls may also go a long way towards preventing forced labour.

If a country does not appear on a chart, this indicates that there is no recent data available for the particular social protection visualized.

Social Protection Coverage: Unemployed
Social Protection Coverage: Pension
Social Protection Coverage: Vulnerable Groups
Social Protection Coverage: Poor
Social Protection Coverage: Children
Social Protection Coverage: Disabled

Official Response from the Department of Statistics Malaysia

Based on the Official Response from the Department of Statistics of Malaysia, the Dashboard for Malaysia was revised as follows: