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2. Master Thesis / Tesis Master
3. Faculty of Law / Fakulti Undang-undang

Title:	Contemporary slavery : a socio legal study on forced labour in Malaysia
Authors:	Sanaz Bondarian (P64679 )
Supervisor:	Rohani, Datin Paduka Dr.
Keywords:	Forced labor -- Law and legislation Universiti Kebangsaan Malaysia -- Dissertations Dissertations, Academic -- Malaysia
Issue Date:	22-Sep-2015
Description:	This study provides a definition and overview of slavery issues in modern-day. The illegality of slavery in every country makes this phenomenon invisible crime. It is outlawed by international conventions and several treaties; nevertheless, it can still be seen all over the world because it has continually evolved into many forms. The elements of slavery are abduction, deception, violence, and dishonour as those produced a hundred years ago, but the definition extended to include both literal and specific practices with the same impacts as slavery, such as forced labour, that has three broad forms (the state, commercial sexual exploitation and for economic exploitation). However, this thesis focus mainly on forced labour for economic exploitation; its prevalent characteristics and labour trafficking analysed. This study focus on Malaysia, which prohibited forced labour by law, but does occur in the name of labour exploitation, often in connection with illegal employment and human trafficking practices. This country is still a major transit destination for labour trafficking, and many victims migrate willingly to Malaysia seeking employment opportunities in the plantation, construction site, and textile factory and as domestic workers, but subsequently trapped into forced labour or debt bondage at the hands of employers or agents. Qualitative socio-legal research methodology was used to draw data from various sources of literature, reports and documents to investigate some objectives of this thesis to understanding the meaning of slavery via forced labour and the social legal issues that give effects to them; the existing policy, domestic laws and international instrument available to protect victims in Malaysia and the extent of these laws enforced by the country and the measures needed to prevent labour exploitation activities in Malaysia. Some findings of this thesis are that; there is no comprehensive legal definition of modern slavery and establishment of domestic and international legislation cannot ensure prevention of slavery and slavery like practice. Malaysia is transforming into high income country, and it is depending on the unskilled foreign workers that works in low-income sectors. According to annual trafficking in person report, Malaysia is considered a non-compliance country by western countries for not conforming to International laws. Since 2005, immigration policy has changed from recruitment to a labour outsourcing, which leads to mistreatment of migrant workers. This may contribute to exploitation, debt-bonded labour and labour trafficking. The refugees needed work but also are exploited as debt-bonded labour while at work by agents and employers. Malaysia efficiently have to cooperate internationally and collaborate with neighbouring countries to fight against labour trafficking and smuggling. She needs to recognize these serious abuses and overcome the roots of labour exploitation problem effectively.,Sarjana Undang-undang
Pages:	174
Call Number:	C67.SAN 2015 2 tesis
Publisher:	UKM, Bangi
Appears in Collections:	Faculty of Law / Fakulti Undang-undang

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