KUALA LUMPUR: Malaysia should expand the International Transfer of Prisoners Act 2012 to include more countries, such as Nepal, to better protect citizens who are trafficked abroad, says a National Human Rights Commission (Suhakam) commissioner.

Suhakam vice-chairman Ragunath Kesavan emphasised the importance of this expansion, particularly for countries that lack sufficient protection for foreigners in their laws.

He also called for the Foreign Ministry to strengthen their consulates and embassies with proper legal support to assist Malaysians overseas.

"We have the International Transfer of Prisoners Act, which was passed in 2012. Unfortunately, Nepal is not part of the bilateral arrangement.

"Malaysia has agreements with Thailand, the Philippines, and a few other countries, but not with Nepal. So one of the things we urge the Foreign Ministry to do is to increase the number of countries and enter into bilateral agreements.

"Therefore, if a Malaysian is serving a prison sentence in Nepal, they can be sent back to Malaysia to serve their sentence. Once in Malaysia, they can seek a pardon," he said on the latest episode of the New Straits Times podcast, Beyond The Headlines.

Ragunath was commenting on the case of Malaysian woman Mala Vello, who was trafficked in Nepal for 10 years and is now serving a seven-year jail sentence after failing to pay overstaying fines totaling up to RM88,500.

Mala is not recognised as a trafficking victim under Nepali law, as the Nepal Human Trafficking and Transportation (Control) Act (HTTCA) only applies to Nepali citizens, not foreigners trafficked into Nepal.

The NST had on Monday highlighted Mala's 10-year plight after she was trapped and forced into domestic servitude upon following her Nepali partner back to his home country.

After finally mustering enough courage to leave her partner, she sought help from the authorities, only to be jailed for seven years for overstaying her visa.

Now 57, she has served two years of her sentence in a Nepali prison and only wants to return to Malaysia to see her seven children.

Ragunath said Suhakam has been working with the Nepali Human Rights Commission on Mala's case but has faced limitations due to domestic laws.

"The legal process has not been kind to Mala, in the sense that the authorities in Nepal have chosen to prosecute her for overstaying and refuse to recognize her as a trafficking victim.

"So that's a big problem. I know some diplomatic efforts are being made, and Malaysia's consular services have been very helpful, but there are limited options because, ultimately, it is up to the domestic laws of each country.

"What the government should and must do is to strengthen their consulates and embassies with proper legal support and get local lawyers to assist as well. What we want for Malaysians is that they must have that confidence that their embassy or their consulate in different countries would be able to assist them," he said.

One option for those helping Mala, he suggested, is to consider crowdfunding.

"Mala's situation is a minor misdemeanour. She's 57 and hasn't seen her family for 12 years.

"We should consider crowdfunding to ensure that we raise the money as soon as possible to get her back to Malaysia. I believe Malaysians will have it in their hearts to donate for this cause," he said.

The Malaysian embassy in Nepal previously told the NST that it is working to facilitate Mala's return to Malaysia.

https://www.nst.com.my/news/nation/2024/05/1054664/suhakam-expand-international-transfer-prisoners-act-better-protect