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need to obtain work permit renewals leaving them in a vulnerable position 1.3 Existing The National Action Plan on Anti-
from their employer was a form of with little bargaining opportunity and Trafficking in Persons (NAPTIP) 2021-
menace keeping them in situations of limited protection against exploitation. National Response 25 is the third NAPTIP and was
forced labour. Moreover, migrant workers may live in developed by multiple government
crammed and sometimes unsanitary agencies under the leadership of the
conditions where the virus may spread Ministry of Home Affairs (MOHA).
It therefore seems, that just over half of easily. The COVID-19 pandemic also This NAPFL builds upon and NAPTIP Strategic Goal 5 intends to
the workers in the survey were in fact brought to the fore the heightened seeks to complement other combat “labour trafficking and child National Action Plan on Forced Labour (2021-2025)
documented migrant workers. In this vulnerability of undocumented persons national responses. The trafficking including relevant provisions
context, it is important to note that and the need to regularise their status. 4 of forced labour and child labour”. This
employers who employ documented The vulnerable position of NAPFL was developed goal will be achieved through realising
migrant workers must follow stringent undocumented persons is further through a consultative the following three objectives:
recruitment procedures and have to pay exacerbated by low levels of awareness
recruitment fees that are seen as steep on forced labour among vulnerable process that involved
by many employers. Therefore, many populations, employers and the general bringing together a wide
employers are concerned with the losses public. group of stakeholders to To strengthen legislation and
incurred when workers leave their jobs regulatory frameworks that address
and new workers need to be recruited. develop the framework for trafficking for labour and child
Addressing the challenges in the Therefore, forced labour may go this NAPFL. exploitation.
recruitment system is therefore an completely unnoticed and victims may
important contribution to ensure that be unaware that they can access To strengthen relevant labour
workers are protected and employers support. In addition, there are limited migration and domestic work
are able to recruit and maintain a stable options for victims to seek assistance as The NAPFL aligns with at least legislation and policies to prevent TIP.
workforce. national capacity to ensure protection, three other major NAPs in
remediation, and access to justice for
victims is insufficient. Additionally, Malaysia: The NAPTIP, the
Since the finalisation of the background current legal framework requires NAP on Business and Human To continuously improve anti-TIP
study for NAPFL in 2019, Malaysia and amendment to prosecute the full range responses targeted at combating
the world has experienced the COVID-19 of forced labour. 5 Rights (NAP BHR) and the labour trafficking and child
pandemic. The pandemic has clearly NAP on Elimination of Child trafficking in all sectors, particularly
illustrated the vulnerability of migrant Labour (NAP CL). Both NAP in the supply chains of goods and
workers, and especially undocumented Eradicating forced labour in Malaysia BHR and NAP CL are currently services.
therefore requires a comprehensive
workers and their dependants.
National Action Plan on Forced Labour (2021-2025) Migrant workers are highly dependent
approach that address the underlying
under development.
drivers and vulnerabilities, as described
in part 4 of this NAPFL.
on their employers for their survival,

4 Wahab, A. (2020) The outbreak of Covid-19 in Malaysia: Pushing migrant workers at the margin, Social Sciences & Humanities
Open, Volume 2, Issue 1, 2020, 100073
5 Forced labour is prosecuted through the Anti-Trafficking and Anti-Smuggling of Migrants Act. However, the definition of
coercion under this Act is currently insufficient to cover forced labour cases not associated with human trafficking. Therefore, it
is very likely that the number of forced labour cases prosecuted is only the tip of the iceberg and that many cases will not reach