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Focus Malaysia
8 hours ago
- Politics
- Focus Malaysia
Is KLIA 'counter setting' a symptom of deeper migrant exploitation?
THE recent detention of an enforcement officer at Kuala Lumpur International Airport (KLIA) Terminal 1 has renewed public scrutiny over a clandestine practice known as 'counter setting'. This tactic, where individuals are allowed to bypass formal immigration procedures, raises serious concerns not only regarding border security and official corruption but also about structural vulnerabilities in Malaysia's migration management, labour demands and institutional accountability. Last November, nearly 50 immigration officers were reassigned following investigations by the Malaysian Anti-Corruption Commission (MACC) into a similar syndicate operating at KLIA. A senior immigration officer, believed to be the mastermind behind the network, is expected to face charges over a human trafficking ring that allegedly facilitated the unlawful entry of foreign nationals without immigration clearance. The act of 'counter-setting' which involves corruption at borders is a well-recognised enabler of both human trafficking and migrant smuggling. The United Nations Office on Drugs and Crime (UNODC) identifies bribery and abuse of power as systemic 'pull factors' that facilitate transnational crime. In this context, 'counter setting' is not just negligence, it is an institutional gateway for illicit entry under the guise of administrative authority. However, criminalising rogue officers should not automatically lead to the assumption that all individuals who passed through these compromised checkpoints are victims of trafficking or knowingly complicit in smuggling. Trafficking vs. smuggling Public discourse frequently conflates 'migration', 'trafficking' and 'smuggling' as either criminal or victimhood, obscuring nuanced legal distinctions. Under both the UN Trafficking Protocol (Palermo Protocol) and Malaysia's Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM), human trafficking consists of three essential elements: Act (e.g., recruitment, transportation), Means (e.g., coercion, fraud, abuse of power), and Purpose (e.g., exploitation such as forced labour or sexual servitude). However, ATIPSOM does not clearly criminalise attempts to traffic nor does it automatically recognise someone as a trafficked person simply because they entered the country irregularly. As studies have established, most trafficking victims enter Malaysia legally which means that they are in possession of valid passport and are even given a 30-day visa free entry if they are from Southeast Asian countries. Therefore, it is nearly impossible to establish the key component of 'exploitation' unless it is evidently demonstrated at the border entry. Mere facilitation without evidence of exploitation does not constitute trafficking. By contrast, migrant smuggling involves consensual facilitation of unlawful entry in exchange for financial gain. Once the border is crossed, the smuggling transaction ends. In such cases, the migrant is typically treated as an offender who have breached immigration laws. An individual's status only becomes 'irregular' if immigration officers on arrival fail to stamp or process their entry. This administrative omission does not by itself amount to criminal conduct or evidence of trafficking. This brings us to a critical question: how can authorities establish that the individuals who entered via 'counter setting' were trafficked, smuggled, or simply irregular migrants? Without evidence of coercion or exploitation, these individuals remain at best suspects or irregular entrants. As many of us has experienced, it is extremely difficult for individuals to board international flights to Malaysia without valid travel documents. Multiple layers of checks include immigration clearance at the point of departure, airline document verification, and pre-boarding checks by flight crew. This may not necessarily be the case when entering Malaysia through land. For example, Malaysia's land borders especially in areas such as Rantau Panjang, Sungai Golok and Wang Kelian are far more porous. In Wang Kelian, a one-kilometre 'no man's land' separates Thai and Malaysian posts, making unsupervised crossings possible. Arrests involving undocumented Myanmar nationals and the unregulated movement of Malaysians into Thailand highlight systemic gaps in surveillance and border management. Labour agents and recruitment networks Malaysia's fluctuating labour policies such as the temporary freeze (and subsequent lifting) on the intake of Bangladeshi workers, for example, have created a market of desperation. To fulfil recruitment contracts or avoid refunding fees, unscrupulous agents may resort to corrupt arrangements with enforcement personnel to smuggle workers into the country. One major concern is the licensing regime. In Malaysia, work agents are not required to possess individual licences. Licences are tied to agencies, creating a regulatory blind spot. Some agents operate without registration; others exploit legal platforms while engaging in parallel black-market operations. Disturbingly, many such agents are foreign nationals already residing in Malaysia, which helps them gain the trust of vulnerable migrant communities. Upon arrival, many of these migrants are placed in overcrowded accommodation and squalid conditions. They are also subjected to long hours of work, meagre pay, and minimal legal protection. While exploitative, these conditions do not always rise to the legal threshold of trafficking unless all the trafficking elements are clearly present. Malaysia must move beyond reactive enforcement and address the systemic factors that enable counter setting and migration-related abuse. A rights-based and reform-oriented strategy should include stricter employer vetting procedures and meaningful penalties for labour exploitation as well as crackdowns on unlicensed and unscrupulous agents, including those operating under legal facades, among others. Conclusively, it is evident that the KLIA 'counter setting' scandal is not just about corrupt officers, it exposes systemic cracks in Malaysia's migration governance, labour recruitment processes, and institutional safeguards. While prosecuting offenders is necessary, structural reforms must follow to protect migrants' rights and preserve the integrity of our borders. To strike a balance between national security and human dignity, Malaysia must clearly distinguish between 'victims', 'offenders', and 'irregular migrants' and, above all, recognise the human realities behind each case. ‒ July 28, 2025 Dr Haezreena Begum Abdul Hamid is a Criminologist and Senior Lecturer at the Faculty of Law, University of Malaya. The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia. Main image: Malaysiakini
New Straits Times
10 hours ago
- New Straits Times
Beyond KLIA: Unpacking Malaysia's systemic migration challenges
The recent detention of an enforcement officer at Kuala Lumpur International Airport (KLIA) Terminal 1 has renewed public scrutiny over a clandestine practice known as 'counter setting,' where individuals are allowed to bypass formal immigration procedures. The act of "counter-setting" which involves corruption at borders is a well-recognised enabler of both human trafficking and migrant smuggling. Thus, "counter setting" is not just negligence, it is an institutional gateway for illicit entry under the guise of administrative authority. Under the UN Trafficking Protocol (Palermo Protocol) and Malaysia's Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM), human trafficking consists of three essential elements: Act (e.g., recruitment, transportation), Means (e.g., coercion, fraud, abuse of power), and Purpose (e.g., exploitation such as forced labour or sexual servitude). As studies has established, most trafficking victims enter Malaysia legally which means that they are in possession of valid passport and are even given a 30-day visa free entry if they are from Southeast Asian countries. By contrast, migrant smuggling involves consensual facilitation of unlawful entry in exchange for financial gain. In addition, it is extremely difficult for individuals to board international flights to Malaysia without valid travel documents. This may not necessarily be the case when entering Malaysia through land. For example, Malaysia's land borders especially in areas such as Rantau Panjang, Sungai Golok, and Wang Kelian are far more porous. In Wang Kelian, a one-kilometre "no man's land" separates Thai and Malaysian posts, making unsupervised crossings possible Malaysia's fluctuating labour policies such as the temporary freeze (and subsequent lifting) on the intake of Bangladeshi workers for example, have created a market of desperation. One major concern is the licensing regime. In Malaysia, work agents are not required to possess individual licences. Some agents operate without registration; others exploit legal platforms while engaging in parallel black-market operations. Disturbingly, many such agents are foreign nationals already residing in Malaysia, which helps them gain the trust of vulnerable migrant communities. Malaysia must move beyond reactive enforcement and address the systemic factors that enable counter setting and migration-related abuse. A rights-based and reform-oriented strategy should include stricter employer vetting procedures and meaningful penalties for labour exploitation; crackdowns on unlicensed and unscrupulous agents, including those operating under legal facades; enhance institutional oversight across border enforcement agencies to prevent corruption; implement a victim-centred approach that treats irregular entrants as potential victims unless complicity is proven; and ratify the UN Convention on the Protection of the Rights of all migrant workers and members of their families. The KLIA "counter setting" scandal exposes systemic cracks in Malaysia's migration governance, labour recruitment processes, and institutional safeguards. While prosecuting offenders is necessary, structural reforms must follow to protect migrants' rights and preserve the integrity of our borders. Criminologist and Senior Lecturer Faculty of Law, University Malaya
New Straits Times
6 days ago
- New Straits Times
Police rescue two human trafficking victims in Setapak raid
KUALA LUMPUR: Police have rescued two Indian women believed to be victims of human trafficking and forced labour. Federal Criminal Investigation Department Anti-Trafficking in Persons and Anti-Smuggling of Migrants Division (D3) principal assistant director, Senior Assistant Commissioner Soffian Santong, said officers raided a residence in Setapak, Wangsa Maju, about 9pm last night. "The raid was conducted following intelligence gathered. "The operation focused on identifying vulnerable victims of human trafficking, guided by the National Guideline on Human Trafficking Indicators (NGHTI)," he said in a statement today. He said one Indian man was arrested and two human trafficking victims were rescued during the raid. "Our checks revealed the victims, who hailed from India, were deceived and exploited through forced labour at the residence. "Both victims are aged 20 and 22, while the suspect is a 30-year-old man, also from India," he said, adding that the two women were rescued under Section 44(1) of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants (ATIPSOM) Act. He said the suspect was arrested under Section 13 of the same act. "Further checks revealed the suspect acted as both employer and agent for the victims. "Both victims had been promised employment as tailors with a monthly salary of RM2,000," he said, adding that they did not receive any payment up until the time of their rescue. He said upon refusing to continue working due to non-payment, the suspect allegedly resorted to physical violence against them. "He is alleged to have hit them with a fan. "Both victims suffered injuries to their knees and chin," he said, adding that the victims had been "employed" by the suspect since December last year. Soffian urged the public with information on similar cases to contact the police immediately or go to the nearest police station.
The Sun
16-07-2025
- The Sun
Setapak raid busts migrant smuggling syndicate, 12 detained
KUALA LUMPUR: Police dismantled a human smuggling syndicate operating from a Setapak apartment, arresting 12 individuals in a late-night raid. The operation, led by Bukit Aman's Anti-Trafficking in Persons and Anti-Smuggling of Migrants (ATIPSOM) Division, targeted a homestay used as a transit point for illegal migrants. SAC Soffian Santong, principal assistant director of ATIPSOM, confirmed the arrests. 'Four suspects, aged 22 to 31, are believed to be syndicate members acting as agents and caretakers. The remaining eight detainees were migrants attempting to leave Malaysia illegally,' he said. Investigations revealed the syndicate, known as Geng Roni, had been active for three months, advertising services on social media. Migrants were charged between RM1,000 and RM1,700 for unauthorised routes to Indonesia. The case is being probed under the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 and the Immigration Act 1959/63. - Bernama
New Straits Times
15-07-2025
- New Straits Times
Sextortion syndicate: Six charged over teen trafficking and child abuse videos
JOHOR BARU: Five members of a sex-for-blackmail syndicate — including a minor — were charged in the Sessions Court here today with trafficking two teenagers and an adult man for exploitative labour and deception. Sham Chee Fei, 33; Kuek Pei Lin, 19; Lee Chun Kit, 28; Tommy Voo Tze Hau, 27; and a 17-year-old male juvenile pleaded not guilty when the charges were read before judge Thalha Bachok @ Embok Mok. According to the three charges, the accused allegedly trafficked a 15-year-old girl, a 16-year-old boy, and a 26-year-old man at a house in Jalan Lagenda 34, Taman Lagenda Putra, Kulai, between March 23 and May 23. They were charged under Section 14 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (ATIPSOM), read with Section 34 of the Penal Code, which carries a jail term of up to life or a minimum of five years and whipping upon conviction. They also face charges under Section 12 of the same act, punishable with up to 20 years' jail and a fine. Separately, before judge Nor Aziati Jaafar, Kuek, Voo and the juvenile denied two more charges of producing child sexual abuse materials — videos and photos — featuring the same teenage victims. They face charges under Section 5 of the Sexual Offences Against Children Act 2017, read with Section 34 of the Penal Code, which provides for a maximum 30-year jail term and up to six strokes of the cane. In a related charge, Abdul Rahufur Rahim Idris, 30, pleaded not guilty to committing non-physical sexual assault by instructing the girl to perform sexual acts on the teenage boy. He was charged under Section 15(f) of the same act, which carries a maximum 10-year sentence, a fine up to RM20,000 or both. The offences allegedly took place between 6pm on May 22 and 5am on May 23 at the same Kulai house. Meanwhile, Lee faces an additional charge of possessing two videos and two images of child sexual abuse on his mobile phone on June 20. He claimed trial to the offence under Section 10 of the act, which is punishable with up to five years' jail, a RM10,000 fine or both. Deputy public prosecutors Nur Diyana Zubir and Nur Farah Wahida Shahudin led the prosecution. Defence lawyers Muhammad Abd Kadir and Gary Ng Boon Hui represented Sham, Voo, and Lee, while N. Moganeysha appeared for Rahufur, Kuek and the juvenile. Sham Chee Fei, 33; Kuek Pei Lin, 19; Lee Chun Kit, 28; Tommy Voo Tze Hau, 27; and a 17-year-old male juvenile pleaded not guilty when the charges were read before judge Thalha Bachok @ Embok Mok. Bail was set at RM15,000 for Sham; RM30,000 for Kuek; RM26,000 for Lee; RM35,000 for Voo; RM20,000 for the juvenile; and RM6,000 for Rahufur. All must also report to police every month and are banned from contacting any of the witnesses, besides having to surrender their passports. Case mentions were fixed for Aug 13, 14 and 19. Those charged today were among nine arrested between June 20 and July 1. The group was believed to have been active since November.
