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Law & Legislation

One population that is at risked of being trafficked are Vietnamese going to work abroad. These workers are referred to as “guest workers." Below are some relevant laws related to our work and the population we serve.

Vietnamese Law
Law on Vietnamese Guest Workers:

Malaysian Law

Malaysian laws covering human trafficking:

International Law

International laws covering human trafficking:

1. Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime.

  • Article 3(a): “Trafficking in persons” shall mean 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. Exploitation shall include, at a minimum, the exploitation of the prostitution of others or other forms of sexual exploitation, forced labour or services, slavery or practices similar to slavery, servitude or the removal of organs.

2. International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families

Articles 7, 8, 10, 11, 12, 18, 22, 24, 25, 26, 27, 28, 29, and 30. "Each Member ... undertakes to apply, without discrimination in respect of nationality, race, religion or sex, to immigrants lawfully within its territory, treatment no less favourable than that which it applies to its own nationals in respect of the following matters: ... remuneration, ... hours of work, overtime arrangements, holidays with pay, restrictions on home work, minimum age for employment, apprenticeship and training, women's work and the work of young persons; ... membership of trade unions and enjoyment of the benefits of collective bargaining; ... accommodation; ... social security (... legal provision in respect of employment injury, maternity, sickness, invalidity, old age, death, unemployment....)"

3. Other conventions and treaties:

  • the Migration for Employment Convention (Revised) (No. 97),
  • the Migrant Workers (Supplementary Provisions) Convention (No. 143),
  • the Universal Declaration of Human Rights,
  • the International Covenant on Economic, Social and Cultural Rights,
  • the International Covenant on Civil and Political Rights,
  • the Convention on the Elimination of All Forms of Discrimination Against Women,
  • the Convention on the Elimination of All Forms of Racial Discrimination,
  • the Convention on the Rights of the Child, the ILO Forced Labour Convention (No. 29),
  • the ILO Freedom of Association and Protection of the Right to Organize Convention (No. 87),
  • the ILO Equal Remuneration Convention (No. 100),
  • the ILO Discrimination (Employment and Occupation) Convention (No. 111)