The case of Jordanian children rescued in Malaysia goes beyond their alleged exploitation in begging and raises a broader legal issue, including the possibility of human trafficking, particularly amid suspicions that children were transported across borders and exploited for financial gain, according to legal and human rights experts.

Malaysian authorities recently announced the rescue of Jordanian children ranging in age from three months to 14 years during a security operation targeting the suspected exploitation of children in begging. Fifteen people believed to be Jordanian were arrested, while investigations continue to determine the nature of the relationship between the children and those detained, and whether the circumstances amount to human trafficking.

According to Malaysian police, the children entered the country legally with the detained individuals using social visit passes. They were then allegedly exploited for begging in different parts of Kuala Lumpur. Authorities are investigating the case under Section 14 of Malaysia's Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007.

Jordanian legislation places the exploitation of children through begging within the framework of protection against exploitation and human trafficking. The Prevention of Human Trafficking Law and its amendments define exploitation as including organised begging and establish specific protections for anyone under 18. Where children are concerned, proving means such as threats, force or coercion is not required if it is established that they were recruited, transported, harboured or received for the purpose of exploitation.

This is consistent with Jordan's Child Rights Law No. 17 of 2022, which prohibits exposing children to human trafficking and economic exploitation. It explicitly prohibits forcing children to work or beg and requires the relevant authorities to follow up on such cases and protect the children involved.

Linda Kalash, director of Tamkeen for Legal Aid and Human Rights, told Amman Net that organised begging can constitute a form of human trafficking, particularly when children are involved and are transported across borders for financial gain.

She said the incident under investigation has a clear cross-border dimension because the children were taken from Jordan to Malaysia and, if the allegations are confirmed, exploited for begging. She noted that the legal treatment of child trafficking differs from trafficking involving adults because the law does not require proof of the usual forms of coercion when it is established that a child was recruited, transported, harboured or received for the purpose of exploitation.

Under the Prevention of Human Trafficking Law, Article 8 establishes the basic penalties for human trafficking, including imprisonment for no less than six months, a fine ranging from JD1,000 to JD5,000, or both, in cases falling under its provisions.

Article 9 imposes harsher penalties in specific circumstances, including when the victim is a child, when the offender is an ascendant, descendant, guardian, trustee or someone exercising authority over the victim, or when the offence has a cross-border dimension or is linked to an organised criminal group.

In such cases, the penalty can reach temporary hard labour for no less than seven years, together with a fine of at least JD5,000 and no more than JD20,000.

Malaysian Law Treats the Case as Suspected Child Trafficking

On the Malaysian side, the case is being investigated under Section 14 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act 2007 (Act 670), the provision dealing specifically with trafficking in children.

Under the current wording of the provision, anyone convicted of trafficking a child for the purpose of exploitation can face life imprisonment or imprisonment for a term of at least five years, in addition to whipping. The law also provides that the means used against the child do not have to be established as an element of the offence.

Malaysian police have confirmed that the current case is being investigated under Section 14. This indicates that authorities are treating the incident at this stage as suspected child trafficking, rather than simply as a violation related to begging.

Kalash believes that the presence of several children in another country and their alleged collective exploitation through begging is an indication that investigators should examine whether an organised operation was involved, particularly if it is established that the children were transported for the purpose of exploitation and financial gain.

She stressed that the case should not be treated as an isolated incident if investigations uncover a network or organised group responsible for recruiting, transporting or exploiting children. Any such network, she said, should be dismantled.

Lawyer Imad Al-Sharqawi agrees with Kalash, explaining that child labour and human trafficking are legally distinct offences. If the facts concerning the children found in Malaysia establish that they were transported and exploited, the case would go beyond child labour and potentially fall within the scope of human trafficking.

Al-Sharqawi noted that Jordan's Labour Law prohibits employing anyone under the age of 16 in any form under Article 73. Article 74 also prohibits employing anyone under 18 in hazardous, exhausting or health-damaging work.

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The penalty for violating provisions governing the employment of juveniles is set out in Article 77 of the Labour Law. It provides for a fine of between JD300 and JD500 for an employer or company manager, with the fine doubled in cases of repeat violations. These penalties concern violations involving the employment of juveniles under labour legislation and should not be confused with the considerably more severe penalties applicable to human trafficking.

Al-Sharqawi stressed that if the transportation and exploitation of the children in Malaysia are established, their case cannot simply be treated as a child-labour violation. The fact that they were taken to another country and exploited for begging could place the conduct within the legal definition of human trafficking.

Kalash explained that determining whether an incident constitutes human trafficking requires an examination of the elements of the offence, including the act, the means and the resulting exploitation, in light of the specific circumstances and applicable law.

The relevant acts include recruiting, transporting, harbouring or receiving a person for the purpose of exploitation. Under Jordanian law, forms of exploitation include organised begging and other forms of exploitation.

In cases involving children specifically, the law does not require proof that coercion, threats or deception were used, as may be required in certain trafficking cases involving adults. In principle, establishing that a child was recruited, transported, harboured or received for the purpose of exploitation can be sufficient.

The same principle exists in Malaysian legislation. Section 14 of the Anti-Trafficking in Persons and Anti-Smuggling of Migrants Act states that the means used against a child do not have to be proven in a prosecution for child trafficking.

Family Ties Do Not Eliminate Liability

The relationship between the children and those detained is particularly important in this case, as Malaysian police have said that investigations are continuing to establish the nature of that relationship.

Kalash said that proving a family relationship does not necessarily reduce responsibility. On the contrary, exploiting a child by a parent or relative who uses their authority over the child for the purpose of exploitation may constitute an aggravating circumstance under Jordanian law.

Article 9 of the Prevention of Human Trafficking Law provides for increased penalties when the offender is the victim's spouse, ascendant, descendant, guardian or trustee, among other aggravating circumstances.

Al-Sharqawi likewise stressed that if human trafficking is established, the children should be treated as victims of the crime rather than suspects. Liability should extend to anyone proven to have been involved in planning, transporting, exploiting or facilitating the exploitation.

According to Kalash, the case does not end with holding those responsible accountable. It also requires ensuring the children's protection after their rescue, particularly if investigations establish that the family environment itself was part of the exploitation process.

She called for children to be removed from an exploitative environment when necessary and provided with education, care, and psychological and social support, with each child assessed individually according to their age and needs.

Al-Sharqawi agreed, noting that the needs of an infant cannot be treated in the same way as those of an adolescent. Specialised shelters and protection centres can provide the psychological, legal and educational care required by victims, depending on the circumstances of each case.

Jordan's Child Rights Law also guarantees children protection from exploitation, human trafficking and economic exploitation, including being forced to work or beg. This provides an additional legal framework for protecting the children if they are returned to Jordan.

Given the cross-border nature of the case, Al-Sharqawi stressed the need for cooperation between Jordanian and Malaysian authorities, not only in investigating those detained but also in identifying anyone else who may have been involved in planning or facilitating the children's transportation or exploitation.

Jordan's Ministry of Foreign Affairs and Expatriates has said it is coordinating with Malaysian authorities over the situation of several Jordanians, including children, who were allegedly exploited in begging by a group currently under investigation by Malaysian authorities on suspicion of human trafficking.

The ministry's spokesperson, Ambassador Fouad Al-Majali, said that through its Operations and Consular Affairs Directorate and the Jordanian Embassy in Kuala Lumpur, the ministry is following the condition of those who were subjected to exploitation to ensure their wellbeing and provide the necessary assistance, while coordinating with Malaysian authorities over their return to Jordan.

He added that coordination is also underway with Malaysian authorities and the relevant Jordanian agencies regarding those accused in the case. Some of them, he said, are relatives of the people who were exploited.

Once the adult detainees return to Jordan, the competent Jordanian authorities will refer them to the relevant judicial bodies to take the necessary legal measures under national legislation, including the Prevention of Human Trafficking Law, given the cross-border nature of the case.