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Sumathy Permal[2]
The threat to maritime security in the Strait of Malacca includes non-traditional security issues that have an impact on the development and stability of a nation and even mankind. Non-traditional threats posed by non-state actors have always been a major concern to Malaysia as they will invariably impact on Malaysia’s national interests. These threats include the trafficking of humans, arms, narcotics and consumer goods. This paper addresses the threat of trafficking of humans, arms, narcotics and consumer goods in the Straits of Malacca. The second part of this paper elaborates national and regional counter-measures to combat these threats.
The general terms ‘human smuggling’ and ‘human trafficking’ may appear to be identical. However, a report by the International Organisation for Migration (IOM) describes human trafficking as the transportation of people from one place to another for exploitative purposes through coercion, deception, or some other form of illicit influence, while human smuggling is associated more with illegal border crossings under the assistance of third parties.[3]
Trafficking or smuggling of humans is not a new phenomenon, especially for Malaysia. Indeed, Malaysia has declared illegal immigrants as the second greatest social threat to the country. Besides being trafficked, human beings also move voluntarily due to political reasons in their mother country or due to unstable economic and security conditions. Human smuggling is a lucrative business due to the high demand for labour in the more economically dynamic developing countries. Malaysia has been one of the favourite destinations for these migrants. Some come to Malaysia with valid documents and others come as illegal immigrants. Malaysia faces enormous social problems due to the presence of large numbers of illegal immigrants. Malaysia is the Number One destination of Indonesian victims of human trafficking. According to the IOM, out of 1,231 Indonesians who were trafficked from March 2005 to July 2006, 929 of them (75.5 per cent)[4]
were taken to Malaysia, where they were forced into prostitution or to work as domestic maids.
A large number of immigrants come to Malaysia by sea since it is cheaper than other modes of transportation. It is estimated that in 2004, 382,082 immigrants entered the country and 70 per cent of the total entrants entered the country by sea. The largest proportion are from Indonesia and come via the Strait of Malacca.[5] Illegal immigrants come from Java via Johor and from Sumatera via Penang and Negeri Sembilan. Illegal immigrants from Thailand and Myanmar enter via the northern part of the Strait. The route is convenient because of the low risk of being arrested as immigration laws are only in force once a foreigner steps ashore. As long as a person remains on board a boat or ship, they are exempt from immigration laws. This gives illegal immigrants time and flexibility in finding a safe landing spot along the coast. Although the smuggling of humans is perceived as threat by Malaysia the figures of detained illegal immigrants who enter through the Malacca Strait are relatively low. (See Table 1.) This is due to the fact that most immigrants enter with fake documents which are difficult to detect, over-stay, or abuse their visa on arrival such as changing their job sector without permission.
|
|
2007
|
2006
|
2005
|
2004
|
2003
|
|
Jan
|
13
|
61
|
0
|
41
|
96
|
|
Feb
|
|
26
|
0
|
54
|
42
|
|
March
|
24
|
16
|
0
|
86
|
23
|
|
April
|
0
|
56
|
0
|
0
|
83
|
|
May
|
0
|
2
|
11
|
85
|
20
|
|
June
|
28
|
24
|
0
|
4
|
15
|
|
July
|
|
11
|
0
|
10
|
110
|
|
August
|
|
11
|
0
|
61
|
4
|
|
Sept
|
|
149
|
4
|
13
|
8
|
|
Oct
|
|
12
|
26
|
55
|
56
|
|
Nov
|
|
34
|
0
|
9
|
14
|
|
Dec
|
|
1
|
0
|
11
|
98
|
|
|
65
|
403
|
41
|
429
|
569
|
Source: Maritime Enforcement Coordinating Centre, Lumut.
The trafficking of small arms is a world wide problem because they are easily transported, inexpensive, and durable, have low maintenance, and are in high demand. Small arms were heavily smuggled to the Gerakan Aceh Merdeka (GAM) separatist movement. To sustain their struggle against the Indonesian government, the GAM was heavily involved in the smuggling of weapons across the Strait of Malacca.[6] Smuggled into Indonesia from Thailand, arms and light weapons are supplied to separatists. The weapons originate in Cambodia or are illegally purchased in Thailand from renegade military personnel, transferred to Malaysia, and then shipped to Aceh by boat.[7] Aceh’s location at the mouth of the Malacca Strait also raised concerns about terrorist attacks or criminal activity that might affect traffic through the Strait. Indonesian patrols seized a barge manned by seven Indonesian crewmen on the coast of East Aceh, northern Sumatra carrying explosives and detonators from Penang to Aceh.[8] Indonesia is unable to control the illicit trade as its porous borders and underequipped police are no match for high-tech smugglers outfitted with speedboats.
Incidents of arms smuggling through the Strait of Malacca:[9]
• In May 2001 Thai police arrested two Thai army sergeants in southern Thailand with 15,000 bullets, grenades, landmines and TNT explosive devices destined for the GAM.
• In November 2002 the Indonesian navy sank two ships that had been seized from Thai fishermen by separatist rebels to smuggle arms to Aceh.
• In December 2002 the Indonesian navy seized a barge six miles off the East Aceh coast carrying explosives and detonators from Malaysia, detaining seven Indonesian crewmen.
• In February 2004 Indonesian police arrested eight Indonesians for smuggling hundreds of AK-47s and M16s from Hat Yai to northern Sumatera.
• In March 2004 the military sank a Thai fishing boat off west Aceh which the military said was smuggling arms to the GAM.
The Liberation of Tamil Tigers Ellam (LTTE) has a vast and well-established network for gunrunning, with its reach extending as far as Japan. Their arms mostly originate in Cambodia, and are later loaded into small fishing trawlers from the port of Ranong in southern Thailand. This arms cargo is then transferred to bigger ships, which transport the consignment to Sri Lanka. The seizure in a boat yard in Singapore of an incomplete submersible bound for the LTTE, displays the extent of arms that are being transported illegally.
According to a report on Security Threats to Malaysia from the Western Maritime Frontier, Bangladesh authorities captured several small fishing craft laden with arms, and a lot of these arms make their way from Thailand to Cox’s Bazaar in Bangladesh. Similarly, the Royal Thai Navy’s seizure of arms meant for the People’s Liberation Army (Manipur) off the port of Ranong in 1997. The other major pipeline for Cambodian weapons is through southern Thailand and from there across the Malacca Strait to Aceh.[10]
Illegal Immigrants Entry Points
There are links between the trafficking of narcotics and the illegal light weapons trade that include shared supply and transit routes, the use of weapons for protection amongst drug traffickers themselves, and the funding of gunrunning through the drug trade and vice versa.[11] A major part of the ‘Golden Triangle’, notorious for its illegal drug production, is located in Myanmar (Burma) and Thailand. Drug trafficking is a lucrative means of generating funds to support the gunrunning business which in turn supports activities of insurgents around the region.
While the proceeds from the narcotics trade are used to purchase arms, in return, the firearms, apart from being a merchandised commodity, are also used to protect drug trafficking operations.[12] This was evident, for instance, when the Royal Malaysian Police in their drug smuggling interception missions uncovered a
large cache of fire-arms ranging from pistols to M16 assault rifle[13]13 In October 2004, Malaysian Marine Polis seized a large amount of drugs at Port Kelan[14]14
Trafficking of consumer goods has become a threat to Malaysia’s maritime security enforcement. Consumer goods are usually smuggled at the Malaysia-Thailand and Malaysian-Indonesian borders. Amongst the goods that are smuggled into Malaysia are rice, cigarettes, liquor and narcotics. Consumer goods that are usually smuggled out through this route are diesel and stolen motorbikes.[15] These goods are used for barter trade between the countries smuggling the goods. For example, stolen motorbikes and diesel are bartered for rice and cigarettes with Indonesia. On 4 September 2007 the Malaysian Domestic Trade and Consumer Affairs enforcement division foiled an attempt to smuggle diesel worth RM 500,000. Two vessels were detained and 11 Myanmar nationals were arrested at the Prai barter trade wharf.[16]
Since trafficking is not a new problem for South-East Asia, many initiatives have been developed to combat the problem by the Malaysian government, Non-governmental organisations, inter-governmental organisations, national and international bodies and human rights organisations. There are various initiatives and different actors involved in the fight against trafficking and anti-trafficking programs and measures in the region.
The Malaysian government enacted The Anti-Trafficking in Persons Act 2007.[17] This law seeks to provide legal remedy for the offence of trafficking in persons, the protection and support of trafficked persons, the establishment of the Council for Anti-Trafficking in Persons, and for matters connected therewith. The Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (UNTOC) forms the basis of this Act. Malaysia is a party to UNTOC, but has yet to accede to the Protocol.
The Anti-Trafficking in Persons Act 2007 defines ‘trafficking in persons’ or ‘trafficks in persons’, as ‘the recruiting, transporting, transferring, harbouring, providing or receiving of a person for the purpose of exploitation’ and ‘conveyance’ means any vehicle, vessel, ship, aircraft, or any other mode of transport whether by air, sea or land.
Application of this Act applies in the following circumstances regardless of whether the conduct constituting the offence took place inside or outside Malaysia:-
(a) if Malaysia is the receiving country or the exploitation occurs in Malaysia; or
(b) if the receiving country is a foreign country but the trafficking in persons starts in Malaysia or transits Malaysia.
Extension of the Act to extra territorial offences applies if any offence under this Act is committed:-
(a) on the high seas on board any ship or on any aircraft registered in Malaysia;
(b) by any citizen or permanent resident of Malaysia on the high seas, on board any ship or on any aircraft; or
(c) by any citizen or any permanent resident in any place outside and beyond the limits of Malaysia, [and such offence] may be dealt with as if it had been committed at any place within Malaysia.
The Anti Trafficking Act 2007 is a milestone for the Malaysian Immigration Enforcement Department because the extension of the Act to extra-territorial offences gives the agency jurisdiction to enforce law against offences committed on the high seas and on board any ship.
Other Malaysian Government initiatives include training for some of its higher-ranking officials, but there has been no systematic training program to sensitise front-line police and immigration officers on trafficking. Malaysia pursues continuous efforts to prevent trafficking through public awareness or education campaigns. In 2004, the Malaysian media ran a documentary on trafficking victims who had been assisted by the MCA. The Women’s Ministry conducts nationwide campaigns to increase public awareness on trafficking through seminars, workshops, and dissemination of brochures.
The National Human Rights Commission (Suhakam) drafted a national action plan on trafficking.[18] In January 2005, Suhakam published a report that characterised existing trafficking laws as ‘piecemeal’ and called for the passage of a comprehensive anti-trafficking act. The report also proposed government-funded education programs for border control officials, law enforcement personnel, labour inspectors, and the judiciary.
The Malaysian Maritime Enforcement Agency (MMEA) became operational in 2005 and bears the responsibility of ensuring security in the Malacca Strait.[19] Although this enforcement agency will enforce Malaysia’s laws in waters under Malaysia’s jurisdiction, its primary and immediate task upon becoming operational was to enhance security in the Malacca Strait. The MMEA will be responsible for enforcing 20 Federal laws in the country’s maritime zones and airspace, guarding Malaysia’s territorial waters, conducting search and rescue operations and combating piracy.[20] The formation of this agency will be a milestone in the effort to counter trafficking threats in the Strait of Malacca. Indeed, the formation of MMEA demonstrates Malaysia’s commitment to providing security in the maritime sphere.
The formation of the MMEA will enable it to better coordinate the work of various enforcement agencies and optimise the assets to be mobilised in crucial areas such as the Malacca Strait. It is acknowledged by certain quarters within security enforcement circles in Malaysia that one of the problems is a lack of coordination or inability to work together among various agencies in charge of security.[21] Thus it is important that this agency obtain full cooperation from its component bodies, especially in terms of information and assets-sharing, to enable the MMEA to ensure that inter-agency operational security measures are in place and are as effective as they can be.
In line with regional development strategies as well as to enhance development along international boundaries, various joint efforts have been undertaken with neighbouring countries. This was carried out through the ASEAN sub-regional cooperation mechanism, namely the Indonesia-Malaysia-Thailand Growth Triangle (IMT-GT),[22]
the Brunei Darussalam-Indonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-EAGA) and the Malaysia-Thailand Committee on the Joint Development Strategy for Border Areas (JDS). The private sector took a leading role in the development of joint venture projects while the governments of the participating countries facilitated their efforts.
Various projects were implemented under IMT-GT arrangements. The major achievements include:
• Provision of fiscal tax exemptions for Indonesians travelling within IMT-GT.
• Establishment of more sea routes in IMT-GT such as Pulau Pinang-Belawan, Pulau Pinang-Kantang, Langkawi-Satun, Melaka-Dumai and Melaka-Pekanbaru.
The JDS, which was formed in 2004 during the bilateral meeting between the Prime Ministers of Malaysia and Thailand, is tasked to undertake joint planning and implementation of development projects along the border areas. The objective is to foster the spirit of partnership and bring prosperity and improve the quality of life in the areas covering Perlis, Kedah, Kelantan and Pengkalan Hulu of Perak in Malaysia and Satun, Songkhla, Yala, Narathiwat and Pattani in Thailand. The JDS Action Plan, which is the basis for cooperation, was adopted in August 2004, covering nine priority areas namely, basic infrastructure and transportation, human resource development, tourism, culture, trade and investment, agriculture, finance, energy and disaster relief.
Among the projects under JDS initiated during the Plan period were the initial works on the construction of the Customs, Immigration and Quarantine (CIQ) complex in Durian Burong, Kedah, which began in 2004. In addition, a bridge linking Bukit Bunga in Malaysia with Buketa in Thailand, was jointly planned based on an equal cost-sharing basis.
The ASEAN sub-regional cooperation will be given greater priority in the Ninth Plan. Through this cooperation, it is envisaged that trade, investment and tourism will be increased among the states and provinces involved. In this regard, the participating states will identify projects, particularly to attain benefit from sub-regional cooperation. Strategies to harness economic complementarities and promote efficient utilisation of resources in the sub-regions will be further enhanced. Cross-border facilitation and infrastructure links will be improved to facilitate trade and business transactions.
For both IMT-GT and BIMP-EAGA regions, the Malaysian private sector is encouraged to continue promoting trade, investment and tourism in the region, with the government playing a facilitating role. A roadmap to development will be formulated to chart the development of IMT-GT for the next five years, including drawing up a socio-economic profile of all member states and provinces in the sub-region. To further promote barter trade in the IMT-GT barter trade facilities will be developed in every member state in Malaysia.[23]
During the Ninth Plan period, greater emphasis will be placed on ensuring balanced regional development by further diversifying the economic base of states to attract investments, create more job opportunities and generate higher income. In addition, measures will be undertaken to reduce the development gaps between states as well as between rural and urban areas. The main thrusts for balanced regional development are to enhance development of border states through ASEAN sub-regional development cooperation in IMT-GT, BIMP-EAGA and JDS.
The 25th Annual Conference of ASEAN Chiefs of Police (ASEANAPOL XXV) was held at Bali, Indonesia, in May 2005. The objectives of the Conference were to further enhance police professionalism, forge stronger regional cooperation in police work, and promote lasting friendship amongst police officers of ASEAN countries. The Conference adopted the following resolutions:[24]
a) To enhance the control of precursor chemicals and to exchange information in a timely manner on the movements of the aforesaid precursors and the sharing of investigation results.
b) To exchange information on the movements of chemists involved in the illicit production of narcotic drugs and psychotropic substances and establish a watch list on these chemists that will lead to successful dismantling of clandestine laboratories.
c) To dismantle drug syndicates and their networks by means of special investigative techniques such as controlled delivery. Member countries not having legal provisions that support controlled deliveries may consider enacting such provisions.
d) To promote closer cooperation in identifying, tracing, freezing, forfeiting, or confiscating assets derived from the commission of drug crimes in combating drug syndicates.
Consequently, during the ASEAN Foreign Ministerial Meeting in Vientiane, Laos, in July 2005, the Joint Communiqué declared that a Drug Free ASEAN 2015 should be pursued by the prevention, treatment and community-based control of drug abuse, including the promotion of alternative development and elimination of illicit drug trafficking.[25]
ASEAN Member Countries thus undertake close coordination and integrated cooperation, including with Dialogue Partners such as China, Japan and the Republic of Korea, the European Union (EU), India, Australia, and the US. Furthermore, ASEAN Member Countries agreed to promote common perceptions among law enforcement agencies in combating illicit drug trafficking, as well as developing public awareness concerning the risks of illicit drug abuse and trafficking.
a) To encourage member countries to enhance strict control over both legal and illegal firearms and explosives, and conduct back-tracking investigations to identify the source of manufacture.
b) To call upon member countries to strictly control entry and exit points to prevent smuggling of firearms and explosives.
In May 2006 Malaysia hosted the 26th Session of the ASEANAPOL Conference in Kuala Lumpur, in which a joint communiqué signed by all Police Chiefs of ASEAN Member States was adopted. The Conference underscored the importance of law enforcement and the promotion of peace and security through collaboration in dealing with terrorism, including bio-terrorism, drug trafficking and arms smuggling. One achievement that has been made is the establishment of the ASEANAPOL Database system – an internet-based criminal database linking ASEAN Member States with the INTERPOL database in Lyon, France.[26]
This system facilitates greater access to information on international criminals and syndicates including those dealing with illicit firearms.
a) To enhance information exchange among member countries on the identities, movements and activities of known transnational criminal organisations involved in human trafficking.
b) To appoint, update and disseminate the contact points from each member country for the purpose of liaison and exchange of information on human trafficking.
c) To encourage member countries to conclude bilateral or multilateral agreements on combating human trafficking and enhance cooperation in border control management.
In order to regulate migration flows and reduce various forms of illegal migration, including trafficking, some sending countries in the region have signed bilateral agreements with Malaysia. Many of these agreements focus on the numbers of migrant workers and procedures relating to their employment. One example is the 1984 agreement between Malaysia and Indonesia. The Malaysian government initiated this agreement in order to regulate Indonesian migrant workers, specifically in the plantation and domestic services sectors, since the largest source of illegal workers in these sectors is Indonesia. Malaysia also signed a Memorandum of Understanding with Cambodia, whereby one company exporting labour has been assigned to process the export of domestic helpers from Cambodia to Malaysia.[27] Though such initiatives may be an important step towards regulating migration between countries, they may not always cover the demand for migration from the side of the sending countries as well as the receiving countries.
The Southeast Asian region has porous borders and this remains one of the main obstacles in effectively combating the threat of trafficking. Malaysia in particular has a long coastline and the absence of total land border fencing is one of the factors for the existence of illegal entry points.[28] In addition, the increasingly heavy volume of movement of people and goods to and from neighbouring countries has made thorough inspection at the borders a challenge for the authorities. Trafficking of humans, arms and drugs is an ongoing problem but, with the new laws and effective enforcement, it has been reduced.
The threat of trafficking of humans, arms and narcotics will continue to pose challenges to local and national governments and international organisations. This is due to the increase in international criminal organisations and their influence due to the advances in communications and transportation technologies; the increasing difficulties faced by governments over the control of the international flow of goods, services, and money; the establishment of international linkages among immigrant communities; and the projected rates of unemployment in developing countries.
However, these challenges can be addressed through effective control of land and maritime borders, and close cooperation and sharing of relevant information among the police, customs and other officials responsible for the combating of trafficking of humans, arms, drugs and goods in this region. Recognising this, there is an indispensable need to cooperate closely with neighbouring countries, especially on information-sharing among the enforcement agencies. Malaysia together with ASEAN Member States will have to continue to work collectively to attain the vision of a peaceful and stable maritime region.
[1] Paper presented at the Meeting of the CSCAP Study Group on Security in the Malacca and Singapore Straits, Jakarta, 8-9 September 2007.
[2] Sumathy Permal is currently a Researcher with the Centre for Security and Diplomacy, Maritime Institute of Malaysia. <sumathy@mima.gov.my>
[3] J Juhász, ‘Migrant trafficking and human smuggling in Hungary’, in International Organisation for Migration (IOM) ed., Migrant Trafficking and Human Smuggling in Europe: A Review of the Evidence, with Case Studies from Hungary, Poland and Ukraine, IOM, Geneva, 2000.
[4] Annuska Derks, Combating Trafficking in Southeast Asia, A review of Policy and Programme Responses, 2000, International Organization for Migration, http://www.iom.int (viewed 14 Aug 2007).
[5] Issues and Challenges during Enforcement, 2005, Briefing by Immigration Department Malaysia, 6 April 2005.
[6] J Bradford, Southeast Asian Maritime Security in the Age of Terror: Threats, Opportunity, and Charting the Course Forward, IDSS, April 2005.
[7] MJ Valencia, ‘Security Issues in the Malacca Strait: Whose Security and Why it Matters’, paper presented at a conference on the Straits of Malacca: Building a Comprehensive Security Environment, 11-13 October 2004, Kuala Lumpur.
[8] Tamara Renee Shie, Indonesia’s Aceh Conflict in Perspective – Security Considerations for Tsunami Relief and U.S.-Indonesia Relations, 1 February 2005.
[9] MJ Valencia, loc. cit.
[10] Mat Taib Yassin, Threats to Malaysia from the Western Maritime Frontier: Issues and Options, 2006, Maritime Institute of Malaysia.
[11] PK Ghosh, ‘Maritime Security Challenges in South Asia and the Indian Ocean: Response Strategies’, a paper prepared for the Center for Strategic and International Studies – American-Pacific Sealanes Security Institute conference on Maritime Security in Asia, 18-20 January 2004, Honolulu, Hawaii.
[12] British American Security Information Council Research Report on ‘Combating Illicit Light Weapons Trafficking: Developments and Opportunities’, London, January 1998 (CSIS Paper).
[13] Mat Taib Yassin, loc. cit.
[14] Briefing by Malaysia Marine Police, 13 April 2005.
[15] ibid.
[16] ‘Now they are using ocean-going boats to smuggle diesel’, The New Straits Times, 5 September 2007.
[17] Anti-Trafficking In Persons Act 2007, enacted by the Parliament of Malaysia, Briefing by Director of Enforcement, Department of Immigration Malaysia, 10 August 2007.
[18] Trafficking In Women and Children, Report of the Human Rights Commission of Malaysia (SUHAKAM), Human Rights Commission of Malaysia (SUHAKAM), 2004.
[19] The Star, 24 October 2005.
[20] Capt Zulkifli, ‘Enhancing the Security in the Strait of Malacca – One of the Roles of MMEA,’ Paper presented at MIMA Seminar on Malaysia’s and Indonesia’s Security Concerns and Priorities in The Strait of Malacca, 28 September 2005.
[21] Hanizah Idris, Ruhanas Harun, ‘Malaysia as a Maritime Situation: Prospects and Challenges’, Journal of the Department of Southeast Asian Studies, University of Malaya, December 2004.
[22] Indonesia Malaysia Thailand Growth Triangle, http://www.epu.jpm.my/bi/sew/IMTGT.htm (viewed 14 August 2007).
[23] Attaining Balanced Regional Development, Ninth Malaysian Plan 2006-2010, http://www.epu.jpm.my/ rm9/english/Chapter17.pdf (viewed 13 August 2007).
[24] Joint Communiqué, 25th ASEAN Chiefs of Police Conference, Bali, Indonesia, 16-20 May 2005, http://www.aseansec.org/25ASEANAPOL.pdf
[25] Joint Communiqué ASEAN Foreign Ministers, ‘Towards the Harmony, Dynamism and Integration of ASEAN’ 38th ASEAN Ministerial Meeting, 26 July 2005, Vientiane, Laos, http://www.casy.org/engdocs/ ASEAN_FM_06262005.htm (viewed 15 August 2007).
[26] Statement by Dato’ Muhammad Hatta Abdul Aziz, Representative of Malaysia at the Conference to Review Progress made in the Implementation of the Programme of Action to Prevent, Combat and Eradicate the Illicit Trade in Small Arms and Light Weapons in all its Aspects, New York, Wednesday, 28 June 2006. http://www.un.org/events/smallarms2006/ pdf/arms060629malaeng.pdf
[27] Annuska Derks, op. cit.
[28] Personal interview with Datuk Ishak Mohammed; Director of Enforcement, Immigration Department, Malaysia, on 10th August 2007.
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