MALAYSIA’S Foreign Ministry says addressing problems caused by scam parks requires a “whole-of-government” approach, considering the breadth and seriousness of cases.
It tells the Sunday Star that since September last year, the ministry has been leading a task force to handle job scam issues, which provides a platform for all agencies to enhance coordination against these particular scammers.
“The task force comprises other relevant ministries and agencies such as the Home and Communications and Digital ministries, the police, and the Immigration Department.
“The understanding is that this is a cross-cutting issue which requires the whole-of- government approach.”
It says the task force has been proactive in fostering cooperation among countries since its inception.
“The ministry and police have also conducted two separate working visits to Thailand and Cambodia earlier this year to enhance bilateral cooperation and engagement on this issue.
“Our embassies are working closely with the host governments to tackle the issue. Our consular officers are also in close communication with the local authorities to exchange information and assist our citizens found in the scam centres.”
To date, the ministry has assisted 517 Malaysians to return home.
“We are also trying to trace another 192 Malaysian victims. We urge those whose family members are being scammed to make police reports and come to the ministry [to provide more information].”
The ministry says it also provides consular services to victims.
“The ministry, through our embassies, will contact the local authorities to trace and rescue the victims. Once they are rescued, the ministry will provide travel documents, as well as contact their next of kin to purchase flights or make the necessary arrangements to return to Malaysia.
“Our embassies are also in close contact with the local authorities to facilitate or expedite their process to return to the home country.
“From the enforcement side, all victims will have their statements taken by the police upon returning home. The statement will be used to identify and arrest job scam syndicate members.”
The ministry also advises the public to seek help from the Human Resources Ministry when considering job offers that sound too good to be true.
“We urge people to beware of job offers that come with unrealistic benefits such as free accommodation, free flight tickets and lucrative salaries.
“Job seekers should check with the Human Resources Ministry if they have doubts before they accept any job offer.
“They need to ensure that there is a proper employment contract, that all visas and travel documents are in place, and that they travel through the proper exit and entry points of the country.”
Preventive laws
Meanwhile, in response to a suggestion, experts say the use of the Security Offences (Special Measures) Act 2012 (Sosma) remains unnecessary or unfeasible.
Universiti Teknologi Mara’s (UiTM) senior law lecturer Mazlifah Mansoor says tightening enforcement measures should be the main priority in handling scam cases.
He believes the use of Sosma “is not necessary”.
“The main concern lies more with enforcement due to its involvement in crossborder crimes.
“The government is actively working to enhance cooperation with receiving countries and other Asean nations in ensuring the protection of workers’ rights and facilitating legal recourse if they fall victim to scams or exploitation.”
In October, MCA Public Services and Complaints Department head Datuk Seri Michael Chong proposed that Malaysians suspected of working with the foreign scam syndicates be detained under Sosma or the Prevention of Crime Act 1959 (Poca).
“Although the syndicates are masterminded by foreigners, there are Malaysians who are in cahoots with them.
“I urge the police to trace and nab these accomplices of the syndicates who are locals and operate from Malaysia.
“If they cannot be prosecuted due to lack of evidence, detain them under preventive laws such as Sosma or Poca,” Chong, who has been involved in several operations to rescue Malaysians duped by these job scam syndicates, had told Sunday Star.
Another senior law lecturer from UiTM, Ahmad Shukree Mhd Salleh, is also of the opinion that using Sosma or Poca against scammers will not be effective.
Sosma serves to deal with security offences and works as a preventive measure against highly probable crimes, he explains.
“To use it against scammers directly will not work, since the pre-emptive nature of the law may pose some procedural complications for enforcement.
“Unless there is in existence some well-documented evidence to this effect, it may not be a wise course of action.
“Scammers are very elusive in their activities and quite versatile in shifting and changing their modus operandi,” he says.
Criminologist Datuk Dr P. Sundramoorthy concedes that one “cannot deny” that Sosma is a draconian law.
However, if our authorities plan to use Sosma, he says, “They must ensure that there is no abuse and there must a system of checks and balances. Sosma can be effective as long as there is no abuse.”
Concurring, Glorene A. Das, executive director of Tenaganita, an NGO that has been working to combat human trafficking for decades, says that using Sosma is a start, and can help with the investigations.
“Because I feel, quite frankly, that even the punishments in the Anti-Trafficking in Persons Act are really not strong, whereas you have the Immigration Act that penalises and criminalises asylum seekers and refugees in the country.
“And most of the time, it is usually the ones who are doing the ground level operations who get arrested, prosecuted, and sometimes convicted. The big fish walk away with impunity. “
However, to prevent abuse, the authorities and all involved need to step up investigations and evidence-gathering in the cases against the scam syndicates, she says.
“We have a problem with that ... many of them are released immediately after they are arrested. Which means we also have to really think about what more is needed to build the evidence against them so that the cases will be stronger, with the testimonies and documentation by the survivors,” Das notes, commending the police for their commitment to snuff out job scam syndicates.
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