Employment Policy Modern Slavery
Universiti Kebangsaan Malaysia (UKM) is unwavering in its commitment to combating modern slavery, forced labor, and human trafficking, aligning with Malaysia Federal Constitution and relevant legislation. By adhering to Article 6 of the Constitution, which prohibits slavery and forced labor, and the stringent provisions of the Penal Code and the Anti-Trafficking in Persons Act of 2007, UKM fosters an environment that upholds human rights and protects the dignity of all individuals. This dedication ensures a safe and inclusive community, free from exploitation and abuse.
- Policy Created: 1957
- Policy Review: 2016
Malaysia Federal Constitution – Created in 1957
UKM firmly adheres to Malaysia Federal Constitution, particularly Article 6, which unequivocally prohibits slavery and all forms of forced labor. This commitment reinforces UKM dedication to upholding human rights and ensuring a safe, inclusive environment for all its citizens. By aligning with constitutional values, UKM plays an active role in fostering social responsibility and protecting the dignity of every individual within its community, thereby contributing to a just society free from exploitation. Based on The Federal Constitution contains clauses addressing slavery, explicitly prohibiting it in Article 6;
- No person shall be held in slavery;
- All forms of forced labour are prohibited, but Parliament may by law provide for compulsory service for national purposes;
- Work or service required from any person as a consequence of a conviction or a finding of guilt in a court of law shall not be taken to be forced labour within the meaning of this Article, provided that such work or service is carried out under the supervision and control of a public authority; and
- Where by any written law the whole or any part of the functions of any public authority is to be carried on by another public authority, for the purpose of enabling those functions to be performed the employees of the first-mentioned public authority shall be bound to serve the second-mentioned public authority, and their service with the second-mentioned public authority shall not be taken to be forced labour within the meaning of this Article, and no such employee shall be entitled to demand any right from either the first-mentioned or the second mentioned public authority by reason of the transfer of his employment.
Malaysia Federal Constitutionn
Source: https://lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Federal%20Constitution%20(Reprint%202020).pdf
Penal Code Malaysia [Act 574] – Created in 1936
UKM, the commitment to combating forced labor, modern slavery, human trafficking, and child labor is integral to its ethical and social responsibility framework. By adhering to the principles outlined in Sections 367, 370, and 371 of the Malaysian Penal Code, UKM actively promotes a safe and inclusive environment, ensuring the protection of human rights and dignity. This commitment reflects the university’s dedication to upholding justice and safeguarding vulnerable populations within its community and beyond.
Section 367: Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to likely that such person will be so subjected or disposed of, shall be punished with imprisonment for a term which may extend to ten years, and shall also be liable to fine.
Section 370: Buying or disposing of any person as a slave
Whoever imports, exports, removes, buys, sells or disposes of any person as a slave, or accepts, receives or detains against his will any person as a slave, shall be punished with imprisonment for a term which may extend to seven years, and shall also be liable to fine.
Section 371: Habitual dealing in slaves
Whoever habitually imports, exports, removes, buys, sells, traffics, or deals in slaves, shall be punished with imprisonment for a term which may extend to twenty years, and shall also be liable to fine.
Penal Code Malaysia [Act 574]
Source: lom.agc.gov.my/ilims/upload/portal/akta/LOM/EN/Federal%20Constitution%20(Reprint%202020).pdf
The Anti-Trafficking in Persons Act of 2007 [Act 670] – Created in 2007
UKM is steadfast in its commitment to the Anti-Trafficking in Persons Act of 2007 [Act 670], recognizing the grave implications of human trafficking and exploitation. By adhering to Section 12, which criminalizes trafficking for exploitation, and Sections 13 and 14, which outline severe penalties for offenses against adults and children, UKM plays an essential role in promoting awareness and ensuring a safe environment. This commitment reflects the university’s dedication to upholding human rights and fostering a community free from exploitation and abuse.
Section 12: Offence of trafficking in persons
Any person, who traffic in persons not being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not exceeding fifteen years, and shall also be liable to fine.
Section 13: Offence of trafficking in persons by means of threat, force, etc.
Any person, who traffics in persons not being a child, for the purpose of exploitation, by one or more of the following means:
- Threat;
- Use of force or other forms of coercion;
- Abduction;
- Fraud;
- Deception;
- Abuse of power;
- Abuse of the position of vulnerability of a person to an act of trafficking in person; or
- The giving or receiving of payments or benefits to obtain the consent of a person having control over the trafficked person, commits an offence and shall, on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine.
Section 14: Offence of trafficking in children
Any person, who traffic in persons being a child, for the purpose of exploitation, commits an offence and shall, on conviction, be punished with imprisonment for a term not less than three years but not exceeding twenty years, and shall also be liable to fine.
Anti-Trafficking in Persons Act of 2007 [Act 670]
Source: https://cdn.rage.com.my/wp-content/uploads/2017/08/Anti-Trafficking-in-Persons-Act-2007-NEW.pdf
