SEX TRAFFICKING, VICTIMISATION AND AGENCY: THE EXPERIENCES OF MIGRANT WOMEN IN MALAYSIA BY Haezreena Begum binti Abdul Hamid A thesis submitted to Victoria University of Wellington in fulfilment of the requirements for the degree of Doctor of Philosophy in Criminology Victoria University of Wellington 2020 This thesis is dedicated to my late mother, Ma’wanchik binti Pawan and my late grandfather, Pawan bin Mohd Hashim ii Acknowledgments This PhD thesis is dedicated to my late mother who succumbed to cancer at the early age of 62. She was a strong and remarkable woman who always had faith in me and encouraged me to be fearless and fight for what I believe in. Also in memory of my late grandfather who showered me with lots of love and care, and who still remembered me even when he had dementia. My sincere gratitude goes to the 29 women who have shared their stories of pain, sadness and hope with me. This thesis would not have been possible without them and I hope that I have done justice to their stories. Also, to the professionals who were kind enough to allow me to interview them, despite their busy schedules. Thanks also for the financial assistance provided by MARA (Malaysian People’s Trust Council), VUW (through the University Research Fund and FHSS grants), and the support from the SOSC admin and library staff. I would like to express my heartfelt gratitude and special appreciation to my supervisors, Prof Elizabeth Stanley and Prof Jan Jordan, for their continuous support of my PhD study. Their insightful comments, encouragement, and hard questions have led me to widen my research from various perspectives. I cannot thank you enough for your patience, motivation, and immense knowledge that has guided me throughout this PhD journey. Prof Stanley, you have inspired me in many ways and transformed me into a better version of myself. You are an excellent mentor and I am blessed to have you as my supervisor. Prof Jordan, you are such an illustrious scholar and an admirable person. Your advice on perseverance and thinking critically have become a mantra that motivated me to get to the finish line. My PhD journey would not have been completed without the unwavering support of my husband, Lokman, and my children, Sarah Nabila, Farez Aslam, Darwisy Aslam, Saif Aslam. I have not been able to pay much attention to your lives for the past few years. Yet you have always remained understanding and supportive of me. Also to my sister Zahilda Begum and niece Alya, who have provided me with moral and emotional support throughout this tumultuous PhD journey. iii My sincere appreciation to Tim and Suriah Burns, who have always welcomed me warmly and spoiled me with delicious treats whenever I felt down or stressed. To Irma, Fairul, Adam and Aidan, a beautiful family who I found comfort in and who were there to listen to my problems. To Dane, who shared the same PhD struggle with me and has passed his viva with flying colours. To Dr Bianca who has cheered me up and had faith in me. To Sally who helped me out through difficult times and supported me emotionally and academically. To Bambi, Peter, Sara, Jordan, Cikgu Elias, Aunty Jasmin, Mamu Ahmad, and Nana Rahman who believed in me and gave me words of encouragement. To Anna and Marita who have been there for me since I arrived New Zealand. To my office mates Bryony, Genevieve and Ashley who witnessed my struggles and kept motivating me to the finish line. Also to all my other friends who supported me throughout this PhD journey – too many to mention, but you know who you are. iv Abstract Malaysia has criminalised sex work. However, its geographic location, porous borders and proximity to major trade and traffic routes have ensured a growth in sex trafficking activities. As a result, the ‘United Nations Office on Drugs and Crime’ and the ‘United States Trafficking in Persons Report’ have categorised Malaysia as a destination, transit and source point for sex trafficking in Asia. In response to such categorisations, Malaysia has ratified the (Palermo) ‘Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children’ and structured its anti-trafficking laws around prosecution, protection and prevention (referred to as the ‘3P’ policy). This thesis shows that the enforcement of victim-protection policies is carried out in contradictory ways in Malaysia. Trafficked women are portrayed as victims in need of care and protection, but also as individuals who have violated immigration laws and engaged in ‘immoral’ acts. This results in state practices that (re)victimise women through policing, immigration and court processes which are often deeply stressful, traumatising and violent. Punitive practices – including ‘state and rescue’ operations and long-term detention – have been legitimised and branded as ‘victim protection’. In this context, the thesis argues that current policies and practices represent a continuing form of violence against migrant women in Malaysia. Based on in-depth qualitative interviews, the thesis draws upon the stories of twenty-nine women who have been arrested and detained on the basis of their sex trafficked status as well as the perspectives of twelve anti-trafficking professionals involved in delivering the 3P policy. In doing so, the thesis shows how women are subject to prolonged victimisation at the hands of both traffickers and state authorities. However, it also provides an understanding of the ways in which ‘sex-trafficked’ women exercise courage, strength and resiliency in the face of the continuing harms against them. By demonstrating the nuances of agency throughout women’s migration experiences, the thesis challenges the stereotypical understanding of an ‘ideal’ victim of trafficking – commonly linked to images of passivity, weakness and worthiness. v By providing an insight into women’s experiences of sex-trafficking and state ‘protection’, the thesis develops a more nuanced account of agency. Thus, the thesis argues that the state’s prevention of sex-trafficking as well as the protection of trafficked women cannot be progressively advanced without a fuller appreciation of women’s dual ‘victim’ and ‘agent’ identities. The thesis explores the implications of these findings on developing ‘anti-sex trafficking’ policies towards women in Malaysia. vi List of Acronyms and Other Terms ATIP Anti-Trafficking in Persons and Smuggling of Migrants Act 2007 CAMA Communications and Multimedia Act 1988 CD Compact Disc CEDAW Convention on the Elimination of all forms of Discrimination Against Women CPC Criminal Procedure Code DG Director General of Women’s Development ECOSOC United Nations Economic and Social Council FC Malaysian Federal Constitution GAATW The Global Alliance Against Trafficking in Women GDP Gross Domestic Product GSS The Good Shepherd Sisters Guiding Principles Ten Guiding Principles of Ethical and Safe Conduct of interviews advocated by the World Health Organization ILO International Labour Organisation INR Indonesian Rupiah IPO Interim Protection Order JAHEIK Kelantan’s Islamic Affairs and Religious Department JPW Department for Women’s Development KLIA Kuala Lumpur International Airport MAPO Council of Anti-Trafficking in Persons and Migrant Smuggling Ministry Ministry of Women Affairs and Family Development NGO Non-Governmental Organisations NEP Malaysia’s New Economic Policy NZD New Zealand Dollar OMCT Office to Monitor and Combat Trafficking in Persons vii Palermo Protocol Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime PDPA Personal Data Protection Act 2010 PO Protection Order PRA Prostitution Reform Act 2003 RM Malaysia Ringgit The Guidelines United Nations Recommended Principles and Guidelines on Human Rights and Human Trafficking 2002 SIS Sisters in Islam STIs Sexually transmitted infections SUHAKAM The Human Rights Commission of Malaysia TIP Report United States Trafficking in Persons Report TOC United Nations Convention Against Transnational Organized Crime and the Protocols Thereto TVPA Trafficking of Victims Protection Act 2000 UDHR Universal Declaration of Human Rights UN United Nations UNCRM United Nations Convention on the Rights of Migrants UNODC United Nations Office on Drugs and Crime US United States of America USD United States Dollar USOMCT Unites States Office to Monitor and Combat Trafficking in Persons 3P Prosecute, protect and prevent viii List of Figures Figure 1: Malaysia Tier Ranking by year according to the 2018 US TIP Report Available: https://www.state.gov/documents/organization/282802.pdf [date accessed online: 30.10.18]……………………………………………………………………………16 Figure 2: Pictures of police raid advertised by Kosmo Online, a Malaysian magazine Available: https://www.kosmo.com.my/jurnal/perangkap-seks-wanita-asing- 1.638432 [date accessed online: 02.02.19]…………………………………………………………………………….94 Figure 3: Participants’ country of origin and age range (own analysis)………………………………120 Figure 4: Women’s perception of their migration experience (own analysis)……………………141 Figure 5: Flow chart of how sexually ‘trafficked’ women are policed and processed……………………………………………………………………………………………………162 Figure 6: Signboard with instructions to visitors attached to the shelter gate (own picture)……………………………………………………………………………178 Figure 7: Barbed wire along perimeters of the shelter (own picture)………………………………..180 Figure 8: Barbed wire at the rear of the shelter (own picture)………………………………………….180 Figure