INDONESIA ANTI-TRAFFICKING IN PERSONS (TIP) REPORT, MARCH 2005 TO MARCH 2006

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UNCLAS SECTION 01 OF 55 JAKARTA 002849 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI 
DEPT ALSO FOR EAP, EAP/IET, EAP/RSP 
ALSO FOR USAID ANE/SPOTS, ANE/SEA, IGAT/WID, DCHA/DG 
DEPT OF JUSTICE FOR ICITAP AND OPDAT 
DEPT PASS TO DEPT OF LABOR FOR ILAB 
 
E.O. 12958: N/A 
TAGS: PHUM, PREF, ELAB, EAID, KJUS, KWMN, KFRD, SMIG, ASEC, 
ID 
SUBJECT: INDONESIA ANTI-TRAFFICKING IN PERSONS (TIP) 
REPORT, MARCH 2005 TO MARCH 2006 
 
REF: A. STATE 3836 - INSTRUCTIONS 
 
 B. 05 JAKARTA 12001 - 2005 CHILD LABOR REPORT 
 C. 05 JAKARTA 2979 - 2005 INDONESIA TIP REPORT 
 
JAKARTA 00002849 001.2 OF 055 
 
 
------- 
SUMMARY 
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/>out of areas devastated by the December 2004 earthquake and

tsunami, with no reports of significant trafficking from Aceh



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relative to other areas. The GOI launched the first-ever

televised public service announcements to raise awareness of

trafficking, and engaged in other limited public education

campaigns. The GOI sheltered victims abroad, repatriated

victims and expanded victim services in modest ways. Local

governments and NGOs provided some in-country shelters.

Police, with U.S. assistance, established two medical

recovery centers to treat victims.



4. (SBU) Indonesia made limited or no headway on other

difficult anti-trafficking steps. The GOI provided no

information on attempts to curb the illegal involvement of

individual security force members and corrupt officials in

prostitution linked to trafficking. Law enforcement data

collection on anti-trafficking activities remained weak,

particularly within the Attorney General's Office. Law

enforcement officials and civil society at times failed to

recognize trafficking victims, despite generally rising



JAKARTA 00002849 002.2 OF 055





public awareness. The GOI launched a major anti-corruption

campaign, but it had yet to show significant impact on

rampant corruption that facilitated trafficking. Civil

society and GOI officials continued to view conditions of

debt bondage as acceptable within the migrant worker system.

Little information emerged on national and local government

budgets dedicated to anti-trafficking, and funding appeared

very limited and ad hoc. Victim services, while expanding

somewhat, remained inadequate given the extent of the crime.



5. (SBU) Within the context of the country's emerging

democracy, Indonesia's anti-trafficking commitment faced the

same serious constraints affecting other issues of national

importance: endemic corruption, the weakness of government

structures and law enforcement at all levels, limited public

budgets, poverty, a weak public education system, and

competing priorities from other urgent issues. Nevertheless,

Indonesia made gradual progress in the fight against

trafficking in persons. Indonesia continued to welcome and

cooperate with international anti-trafficking assistance, and

anti-trafficking partnership with the U.S. Mission and U.S.

grantees remained strong. End Summary.



--------------

SOURCES

--------------



6. (U) The U.S. Mission in Indonesia contacted and received

information from many GOI sources specifically for the

preparation of this report, including: the People's Welfare

Coordinating Ministry, the Women's Empowerment Ministry

(hereinafter the Women's Ministry),the National Police

(POLRI),the Attorney General's Office (AGO),the Manpower

and Transmigration Ministry (the Manpower Ministry),and a

number of local government offices, including in East Java

and North Sumatra. Particularly valuable information came

from international and domestic NGOs, including the

International Catholic Migration Commission (ICMC),the

American Center for International Labor Solidarity (ACILS),

Save the Children-USA, and The Asia Foundation. Mission

research included input from international organizations such

as the International Labor Organization (ILO),UNICEF, and

the International Organization for Migration (IOM). A

breakdown of Mission hours spent in preparation of the report

will follow separately.



7. (U) The report text follows the general outline of themes

and questions provided in ref A instructions. Each section

begins with a capsule "update" that briefly summarizes the

most important new information included in the text.



8. (U) Through mid-June 2006, the Jakarta Mission point of

contact on the TIP issue is Political Officer Mark Clark,

tel. (62) 21-3435-9146, fax (62) 21-3435-9116.



9. (SBU) Report text:





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--------------

I. OVERVIEW OF INDONESIA'S ACTIVITIES TO

ELIMINATE TRAFFICKING IN PERSONS

--------------



UPDATE

--------------



The past year did not witness significant change in overall

trafficking patterns in Indonesia. New information became

available on the extent of internal trafficking for

prostitution to remote Papua, with an NGO estimating some

3,000 victims in the sex trade in six major areas. Media

reporting indicated that Indonesian women, under the guise of

"cultural performers," constituted an important number of

trafficking victims in Japan. In the aftermath of the

December 2004 destructive earthquake and tsunami,

anti-trafficking organizations found little evidence of

significant trafficking of women and children from Aceh,

particularly compared to the extent of trafficking elsewhere

in Indonesia. Human Rights Watch provided more descriptive

accounts of abuse and trafficking-like conditions facing

child domestic workers. Foreign prostitutes in Indonesia

remain relatively very small in number, with continued

reports of Chinese, Russian and Central Asian women engaged

in the sex trade in Jakarta.



President Yudhoyono spoke out forcefully against trafficking,

called for quick passage of the anti-trafficking bill before

the legislature, and condemned trafficking in a joint

statement signed with Malaysian Prime Minister Abdullah.

After a lengthy delay, which affected almost all pending

legislation, the House of Representatives began formal

deliberations on the anti-trafficking bill and targeted

passage in mid-2006. Some officials stated that GOI

anti-trafficking budgets expanded, but provided no details.

The GOI's severe funding constraints, pre-occupation with

post-tsunami reconstruction, and deep-rooted corruption all

adversely affected Indonesia's anti-trafficking efforts.



INDONESIA FACES SIGNIFICANT TRAFFICKING CRIMES

-------------- -



Indonesia, a developing country and emerging democracy with

the world's fourth largest population, is a place of origin

for a significant number of internationally trafficked women

and children, and to a lesser extent men. Indonesia is also

a transit and destination country for international

trafficking, although foreign victims are very small in

number relative to Indonesian victims. Very significant

incidents of trafficking occur within Indonesia's borders,

including for prostitution. Different regions of the country

are identifiable as sending, transit and/or receiving areas

for internal as well as international trafficking. There

were no credible reports during this period of trafficking in

territory outside of GOI control, namely in the very limited

areas held by separatist rebels in Aceh province prior to the



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August 2005 peace accord.



RELIABLE STATISTICS UNAVAILABLE

--------------



Reliable statistics or estimates of the overall number of

victims remain unavailable, in large part because of the

illegal and informal nature of trafficking, the lack of

systematic research, and frequent definitional problems. The

sources available for information on the prevalence of TIP

include GOI agencies (particularly the Women's Ministry and

the People's Welfare Coordinating Ministry),domestic and

international NGOs and international organizations, including

UNICEF, IOM and ILO. Most organizations' estimates rely upon

a combination of extrapolation, field experience, press

reports and anecdotal evidence. Some of these organizations

will not provide estimates due to the uncertainty of their

information. Definitional problems, often including a lack

of distinction between human trafficking, lesser abuses of

workers, and illegal migration make some estimates very

unreliable.



Crude estimates of the prevalence of TIP vary tremendously,

but most indicate the number of victims in the upper tens of

thousands or higher. In past years, GOI documents referenced

various estimates of the total number of victims, usually in

the hundreds of thousands, without providing details for

these figures. The GOI's 2004-2005 TIP report did not offer

an estimate of victims. GOI officials charged with the issue

state that they do not have reliable, overall estimates of

the number of victims.



Other non-governmental estimates of the overall number of TIP

victims exist, but do not have a strong basis in systematic

research. Migrant worker advocacy groups occasionally cited

very high and seemingly inaccurate numbers. To the extent

that such organizations do not differentiate between

trafficking and lesser abuses of migrant workers, their

figures represent gross overestimates.



INTERNAL TRAFFICKING MOST SIGNIFICANT

--------------



While reliable figures do not exist, many anti-trafficking

organizations believe the number of victims of internal

trafficking exceeds the number of Indonesians trafficked

overseas. The U.S. Mission's observations support this

conclusion.



BOUNDARY ESTIMATES

--------------



Some groups have developed boundary estimates for groups

vulnerable to trafficking. ICMC and ACILS, in their 2003

book entitled "Trafficking of Women and Children in

Indonesia," identified three categories that generate the

greatest number of TIP victims: female migrant workers,



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prostitutes and child domestic workers. (There are other

categories that also generate TIP victims, but not are

included in these ICMC/ACILS boundary estimates.) ICMC/ACILS

estimated that between 2.4 to 3.7 million women and children

worked in these sectors. Within these boundaries, the total

number of children ranges from 254,000 to 422,000.

ICMC/ACILS point out that these are not estimates of the

number of victims (for example, most female migrant workers

are not trafficked),but they do provide an indication of the

potential impact of trafficking on a large number of women

and children.



-------------- --------------

TABLE 1: WOMEN AND CHILDREN IN SECTORS

VULNERABLE TO TRAFFICKING

-------------- --------------

SECTOR Women Children Children

-------------- -------------- --------------

In-country Sex

Workers 130k - 240k 39k - 72k

Female Migrant

Workers 1.4 - 2.1 mil. n/a

In-country domestic

workers 860k - 1.4 mil. 215k - 350k

-------------- --------------

2.4 - 3.7 mil. 254k - 422k



SOURCE: ICMC/ACILS, 2003

-------------- --------------



DATA ON PROSTITUTION

--------------



Prostitution constitutes a major source of concern for TIP in

Indonesia due to the number of women and children involved;

the clandestine, abusive and often forced nature of this

work; the prevalence of organized crime; and the frequent

awareness and/or complicity of officials and security forces

(police and military) in prostitution. The boundary

estimates for domestic sex workers are somewhat more precise

than for other areas. ICMC/ACILS in 2003 estimated between

130,000 to 240,000 in-country prostitutes. A number of

studies have consistently found that on average children make

up some 25 to 30 percent of persons working as prostitutes.

Using 30 percent, ICMC/ACILS arrives at boundary estimates of

some 39,000 to 72,000 child prostitutes. This range also

corresponds generally with a UNICEF estimate. Underage

prostitutes (those under 18 years of age) are by definition

TIP victims under the Trafficking Victims Protection Act of

2000.



The ILO generated data on the incidence of the worst forms of

child labor, including child trafficking for prostitution,

through a series of "rapid assessments" conducted in 2003.

The ILO carried out the assessments in limited geographic

areas of concern for specific types of child labor. For

child trafficking into prostitution, the ILO assessment



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focused on Java, home to 60 percent of Indonesia's

population. The ILO field research generated "best guess"

estimates for child prostitutes in these provinces, noted in

Table 2.



-------------- --------------

TABLE 2: ESTIMATES OF TOTAL NUMBER OF PROSTITUTES

AND CHILD PROSTITUTES ON JAVA



LOCATION TOTAL TOTAL PERCENT

PROSTITUTES UNDERAGE UNDERAGE

-------------- -------------- -------------- --------------

West Java: 31,380 9,000 29

Jakarta: 28,620 5,100 18

East Java: 14,279 4,081 29

Central Java: 8,495 3,177 37

Yogyakarta 1,106 194 18

-------------- -------------- --------------

83,880 21,552 26



SOURCE: ILO RAPID ASSESSMENTS, 2003

-------------- --------------



NEW STUDY ON PAPUA

--------------



In remote Papua, a 2005 ICMC field study estimated that there

were over 3,000 internally trafficked women and girls in the

sex trade, including some 1,000 child prostitutes, in the

area's seven largest population centers. Almost all child

street prostitutes were of Papuan origin. In contrast, most

victims in karaoke bars and brothels originated from

Indonesian areas outside Papua, with the greatest number

coming from North Sulawesi. The victims normally arrived by

ship, often with false promises of employment. Internal

migrant workers generated much of the demand for

prostitution. Geographic isolation, economic

underdevelopment, and lack of civil society concern increased

the severity of trafficking conditions in Papua.



RIAU ISLANDS AND SEX TRAFFICKING

--------------



Locations in Riau Islands Province that are in close

proximity to Singapore, including Batam, Bintan, and Karimun,

drew continued domestic and international attention as major

destination points for sex trafficking, as well as transit

areas for trafficking into Malaysia in particular. A 2003

report by the Indonesian NGO Partnership in Health and

Humanity Foundation (YMKK) estimated 6,138 prostitutes held

in debt bondage in 58 separate "entertainment" establishments

and seven extensive brothel areas in Batam. With roughly 30

percent of prostitutes under the age of 18, YMKK estimated

approximately 2,000 child prostitutes on Batam. According to

Indonesian media, NGOs, and ILO research, Malaysians and

Singaporeans constitute the largest number of sex tourists in

Batam and the surrounding areas like Balai Karimun and



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Tanjung Pinang. The area's sex industry is also heavily

dependent on Indonesian clients, drawn in part from the

population of hundreds of thousands of migrant workers in

Batam. ILO research described Tanjung Balai Karimun, near

Batam, as operating a "prostitution economy."



INDONESIAN VICTIMS IN MALAYSIA

--------------



Malaysia is commonly identified as the country receiving the

greatest number of Indonesian trafficking victims. Past NGO

and GOI estimates of Indonesian prostitutes (whether

trafficked or not) and child prostitutes in Malaysia have

ranged in the thousands, but such estimates do not have a

strong basis in substantive research. Officials at the

Women's Ministry reported that during 2004 the GOI

repatriated from Malaysia 1,047 allegedly trafficked

prostitutes. The officials did not provide further details,

and might have categorized all returned prostitutes as

trafficking victims.



IOM recorded 470 Indonesian trafficking victims, including

110 children, repatriated from Malaysia from March 2005 to

February 2006. Of these, 81 were trafficked into

prostitution, representing 62 adults and 19 children.

Domestic workers constituted the largest number of victims

(267) repatriated with IOM assistance.



The ILO, IOM, NGOs and Indonesian diplomats in Malaysia have

noted reports of illegal Indonesian migrant workers

trafficked to isolated plantations and plywood factories in

Malaysia. It was not clear in all instances whether such

reports met the definition of trafficking or represented

other types of labor abuse. IOM repatriated 53 reportedly

trafficked plantation workers during the period March 2005 to

February 2006.



"CULTURAL PERFORMERS" IN JAPAN

--------------



The GOI, police and local press reports documented the

trafficking of young Indonesian women to Japan under the

guise of "cultural performers," and suggested that such

trafficking victims numbered at least in the hundreds. In

2003, the Indonesian Embassy in Tokyo reportedly acknowledged

knowing of 235 female entertainment workers in Japan.

International media reported that in 2005 Japanese

authorities rescued 44 Indonesian women trafficked as "sex

slaves" to Japan, with Indonesians representing for the first

time the largest group of foreign victims rescued from the

sex trade there. In 2005, police arrested two persons for

trafficking dozens of "cultural performers" into prostitution

in Japan.



TSUNAMI AFTERMATH



SIPDIS

--------------





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The devastating earthquake and tsunami that struck Aceh and

limited parts of North Sumatra province in December 2004

raised immediate concerns over women and children left

vulnerable to trafficking. A subsequent major earthquake

that hit Nias Island in March 2005 raised similar concerns.

In a November 2005 report, UNICEF concluded that there had

been no substantiated cases of child trafficking in

tsunami-striken areas and that there had been no large-scale



SIPDIS

organized trafficking of children separated or orphaned by

the tsunami. Local media reported an unsuccessful attempt to

traffic two teenaged girls from Aceh to Malaysia; possible

trafficking of some Acehnese women also to Malaysia; and one

case of an Acehnese child allegedly trafficked to Batam. In

June 2005, police arrested several Indonesian NGO workers for

allegedly trafficking 15 children from Nias to Jakarta,

though details remained unclear. IOM assisted the Nias

cases, and also reported helping with 7 trafficking victims

from Aceh. U.S. Embassy partners concluded that, despite the

tsunami's impact, there was little evidence of significant



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trafficking of Acehnese, while the extent of trafficking

crimes appeared far greater in other areas of the country.

The GOI's quick and firm response to stop the unauthorized

movement of children out of Aceh contributed to the

prevention of trafficking from tsunami-affected areas.



MIGRANT WORKERS

--------------



ICMC/ACILS note that the category of overseas or migrant

labor, which according to their research generates large

numbers of TIP victims, encompasses a range of sectors.

Female Indonesian migrant laborers tend to work as domestic

helpers, as entertainers, in the service industry, in

factories and on plantations. Males tend to find work

overseas in construction, factories and plantations, and as

drivers. The large majority of Indonesian workers overseas

are not trafficking victims, but they are vulnerable to

trafficking and lesser abuses at various stages -- during

their recruitment, pre-departure, placement and return. The

migrant worker recruiting system tolerates and

institutionalizes forms of debt bondage. The media tend to

describe Indonesian women as among the most abused of all

Asian migrant workers due in part to their lack of education

and poor English language skills. Such articles commonly

cite examples of abuse in Malaysia, Saudi Arabia, Singapore,

and Hong Kong.



CHILD DOMESTICS

--------------



Child domestic workers, frequently found in many middle- to

upper-income Indonesian households, may number from 215,000

to 350,000 in the under-15 age bracket, according to

ICMC/ACILS. ILO data from a limited 2002-2003 survey

indicated that some 688,000 children under age 18 may be

employed as child domestic workers. Employers may prefer

child domestics over adults because children commonly receive



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lower wages, and can be more easily managed and controlled.

An unknown number of domestics work in trafficking or

trafficking-like conditions. For example, they may receive

little or no wages, face restricted freedom of movement, be

subject to physical and psychological abuse and sexual

assault, and have no means to remove themselves from such

situations. A 2005 Human Rights Watch report, "Always on

Call," provided accounts of gross abuse of child domestic

workers in Indonesia.



STREET CHILDREN

--------------



Street children represent another potential source of

trafficking victims. In 2003, the Social Affairs Ministry

estimated there were some 50,000 street children in

Indonesia, while NGO estimates place the number at 120,000 or

higher. ICMC/ACILS note that although most street children

are not trafficked into their situation, they are very

vulnerable to traffickers. ILO studies in 2001 and 2004

documented children trafficked for the purpose of organized

street begging.



BRIDE PURCHASE PHENOMENON

--------------



The GOI, including the police, and NGOs like LBH-APIK and

ICMC/ACILS have documented the selling of brides, including

some underage, in the Singkawang District of West Kalimantan.

This area is the focal point for the bride purchase

phenomenon due to the existence of a large, poor ethnic

Chinese community. Most buyers are from Taiwan and Hong Kong

and seek Chinese-speaking women. Anecdotal evidence and

Indonesian officials who have visited Taiwan suggest that

many brides become spouses and part of families in Taiwan,

although some are trafficked for prostitution, forced

domestic work, or other slavery-like practices.



In 2004, the Taiwan police received over 170 reports of abuse

from Indonesian women living in Taiwan, according to

Indonesian police sources. Beginning in 2004, Indonesian

police increased their interactions with counterparts in

Taiwan. In August 2005, Indonesian and Taiwanese officials

held a seminar on protections for Indonesian spouses in

Taiwan, and reported that there were 10,115 Indonesian

citizen spouses living in Taiwan, roughly 11 percent of all

foreign-born spouses.



OTHER FORMS

--------------



Organizations working on TIP recognized additional categories

that presumably generate trafficking victims. In most cases,

even less information is available on the prevalence of

trafficking in these sectors. One well-documented category

that appears to meet the TIP definition is the recruitment of

boys to work on offshore fishing platforms (jermals),



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employment that exposes these children to many serious

hazards and isolation for months at a time. The incidence of

boys on fishing platforms off the coast of North Sumatra has

decreased dramatically over recent years. An ILO field study

in June 2003 of 100 known platforms uncovered only 15

children. More recent ILO studies have focused on children

trafficked aboard fishing vessels. The NGO Terre des Hommes

documented the phenomenon of trafficking in babies, as

distinct from illegal adoptions. The plantation sector and

narcotics trafficking may generate an unknown number of

trafficking victims.



VULNERABLE GROUPS

--------------





Women and children are most likely to fall victim to

trafficking in Indonesia. A number of factors that

contribute to women's vulnerability, including: poverty,

lower education levels, cultural expectations, unequal status

(relative powerlessness) in the family and society

(particularly in lower income groups),limited economic

opportunities, and expectations of supporting children and

families. Girls who have married and divorced at a young age

appear particularly vulnerable. Age and cultural traditions

that emphasize the authority of older persons compound

children's vulnerability. The frequent complicity of parents

and relatives in the trafficking of children reflects a lack

of respect for children's rights within some family settings,

as well as economic pressures.



Traffickers victimize persons from many different ethnic

groups. Many persons trafficked originate from

densely-populated, low income areas of Java, reflecting the

larger pool of potential victims on this island that features

some 60 percent of Indonesia's total population and

contributes the majority of the country's migrant labor. No

accurate statistics are available to judge, however, if the

prevalence of TIP (as a percent of the population) is greater

on Java than in other regions.



The Women's Ministry conducted a study in 2003 of sending

areas in West Java that supplied women and girls for

prostitution and sex trafficking. The study concluded that a

strong correlation exists between poverty and trafficking

victims at the district level. Other studies have

de-emphasized poverty as the key factor, pointing to the

existence of established trafficking networks that lead to

greater recruitment of victims in some areas compared to

neighboring communities with the same economic profile.



GEOGRAPHIC PATTERNS

--------------



Domestic and international groups combating TIP, as well as

the GOI, identified provinces and districts within provinces

that are primarily sending areas. The major sending



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provinces include: Central Java, East Java, West Java, North

Sumatra, North Sulawesi, Lampung, West Nusa Tenggara (NTB),

and West Kalimantan.



Traffickers send victims to domestic and overseas locations.

NGOs and the GOI identify the following provinces as major

domestic receiving areas: Bali, East Java (Surabaya),East

Kalimantan, Jakarta, Papua, and Riau Islands (near Singapore).



Certain provinces stood out as important transit areas for

trafficking victims, including: Bali, Jakarta, East Java,

Riau Islands, North Sumatra, West Kalimantan and East

Kalimantan.



In terms of overseas receiving areas, traffickers send

Indonesian victims to many countries. Most GOI, NGO and

press reports concluded that the greatest numbers of

Indonesian victims overseas were found in Malaysia and Saudi

Arabia, respectively, mirroring overall migrant worker flows

to these countries. Other noted destinations included

Kuwait, United Arab Emirates, Hong Kong, Taiwan, Japan, South

Korea, and Singapore. Unlike in some recent years, there

were no new reports of trafficking to Australia.



GOI agencies and NGOs have documented distinct patterns and

routes of trafficking from and to different locations. For

example, North Sulawesi is known as an area that sends

trafficked women as prostitutes to isolated Papua. West

Kalimantan is the focal point for the bride purchase

phenomenon, due to the existence of a large, poor ethnic

Chinese community there and the fact that most buyers are

from Taiwan and Hong Kong and seek Chinese-speaking women.

Certain villages in Indramayu, West Java, constitute a

well-documented sending area for young girls and women,

particularly into the sex trade. During a February 2003 U.S.

Embassy visit, Indramayu officials stated that up to

two-thirds of girls and young women in certain villages had

migrated to work in large cities or overseas, as prostitutes

in many cases, leading the local government to allocate

anti-trafficking funds. Girls from Indramayu represent the

largest group of prostitutes operating in some prostitution

areas of Jakarta.



FOREIGN VICTIMS IN INDONESIA

--------------



The number of persons trafficked into Indonesia from aboard

is relatively small, possibly in the hundreds, far fewer than

the number of Indonesian victims inside and outside the

country. Press and GOI accounts of foreign prostitutes

working in Jakarta and Batam, Riau Islands Province, provided

indications that Indonesia is a destination point for

trafficked women, though information remained very

superficial. Most foreign prostitutes in Indonesia

originated from mainland China. According to NGO

information, some 150 foreign prostitutes operated in Batam,

coming from China and Thailand, along with a small number of



JAKARTA 00002849 012.2 OF 055





Europeans. The media, NGOs, and the ILO reported smaller

numbers of women from Thailand, Taiwan, Hong Kong,

Uzbekistan, the Netherlands, Poland, Russia, Venezuela, Spain

and Ukraine. In all such reports, the foreign women acted as

prostitutes. Often times, the presence of foreign

prostitutes became public knowledge following police raids

covered by the media. During 2004, raids in Jakarta led to

the arrest and deportation of prostitutes from China and

Uzbekistan. In August 2005, police and immigration officials

in Jakarta raided nightclubs, saunas and beauty parlors,

rounding up and deporting 68 foreign prostitutes, 63 from

China and 5 total from Russia and Uzbekistan.



In 2004 ACILS and other non-governmental sources reported

Burmese seafarers trafficked aboard fishing vessels from

Thailand operating in Indonesian waters. Over a period of

years, some of these fishermen jumped ship in the remote

eastern Indonesian port of Tual. In 2006, one NGO estimated

that there were some 100 such Burmese fishermen living in

undocumented status near Tual.



TRAFFICKING CONDITIONS, METHODS

--------------



For internal trafficking into the sex trade, traffickers used

debt bondage, violence and threats of violence, drug

addiction, and withholding of documents to keep women and

children in prostitution.



Traffickers employ a variety of means to attract and hold

victims, including promises of well-paying jobs, debt

bondage, community or family pressures, threats of violence,

rape, and false marriages. Promises of relatively lucrative

employment are among the most common tactics. For example,

police and NGO interviews of women who escaped from forced

prostitution in Batam, Papua and Malaysia commonly reveal

that traffickers recruited the young women with offers of

jobs in restaurants, supermarkets or as domestic servants.

Once at their destination, traffickers used violence and rape

to force them into the sex trade. Migrant worker recruiters

also use misrepresentation and debt bondage to traffic men

and women. Beginning in December 2004 and continuing through

2005, the GOI freed some 2,000 women and girls detained in

illegal Jakarta-area migrant worker holding centers, many of

which reportedly kept their victims illegally confined under

inhumane conditions.



Debt bondage is particularly common in the sex trade.

Indonesian women and girls trafficked into prostitution in

Batam, for example, commonly began with a debt of five to ten

million rupiah (USD 600-1,200). Given the constant

accumulation of other debts, women and girls are often unable

to repay these amounts, even after years of work as

prostitutes. Although detailed information was lacking, NGOs

assumed traffickers would subject foreign victims held in

prostitution to threats, violence, and withholding of

documents.



JAKARTA 00002849 013.2 OF 055







Some migrant workers, often female, also entered trafficking

and trafficking-like situations during their attempt to find

work abroad through migrant worker recruiting agencies

(PJTKI). Licensed and unlicensed PJTKI used debt bondage,

withholding of documents and confinement in locked premises

to keep migrant workers in holding centers, sometimes for

periods of many months. Some PJTKI also use threats of

violence to maintain control over prospective migrant

workers. Civil society, officials, and victims themselves

commonly viewed conditions of debt bondage and physical

confinement as acceptable aspects of the migrant worker

system, rather than as rights violations.



Traffickers sent Indonesian victims both overseas and to

domestic locations. As noted above, traffickers focused

disproportionately on women and children. Traffickers also

took advantage of persons in many impoverished regions.

While poverty plays a leading role in facilitating

trafficking, poor educational opportunities, cultural factors

and established trafficking networks also acted as important

determinants.



TRAFFICKERS

--------------



Traffickers fit many different profiles. Some worked in

larger mafia-like organizations, particularly for trafficking

into major prostitution areas. Others operated as small or

family-run businesses. Husband-wife teams of traffickers

were common, with the wife often serving as the recruiting

agent. In many instances, local community leaders and

parents of victims assisted in trafficking.



Some PJTKI operated similar to trafficking rings, leading

both male and female workers into debt bondage, abusive

employment situations and other trafficking situations. Some

of the offending PJTKI held official licenses. Others

operated illegally or appeared to be paper fronts for

traffickers.



Some individual members of the security forces were complicit

in trafficking, particularly by providing protection to

brothels and prostitution fronts in discos, karaoke bars and

hotels, or by receiving bribes to turn a blind eye to such

crimes. An unknown number of civilian officials, including

those who work in local government service, immigration, and

local Manpower offices, either contributed to or were

complicit in trafficking.



There were many reports of families either selling or

encouraging children to enter abusive domestic service or

prostitution. Children worked to pay off debts or advances

provided to their families. In certain rural communities,

such as Indramayu, West Java, the GOI and NGOs repeatedly

noted a culture in which young women were encouraged to

support their families by becoming big-city prostitutes.



JAKARTA 00002849 014.2 OF 055







SIGNS OF POLITICAL WILL

--------------



Indonesia' priority to fight trafficking found renewed

expression in public remarks by President Yudhoyono, cabinet

members, and other senior officials. In December 2005,

President Yudhoyono called publicly for the quick passage of

the comprehensive anti-trafficking bill and personally

decried the conditions of trafficked migrant workers. In

January 2006, President Yudhoyono and Malaysian Prime

Minister Abdullah Badawi issued a joint statement, which

"condemned acts of trafficking in persons as an atrocious

crime against humanity." The joint statement also "expressed

strong commitment in working together to combat such crime

and instructed the two countries' respective national police

to enhance cooperation towards such a goal." Indonesia's

Women's Minister and Manpower Minister spoke out against

trafficking publicly and in meetings.



After a delay that affected almost all pending national

legislation, Indonesia's House of Representatives (DPR) took

up the anti-trafficking bill as a DPR initiative in late 2005

and began formal hearings in January 2006. Given its backlog

of over 200 bills, the DPR in effect prioritized the

anti-trafficking law over most other pending legislation.

The DPR committee targeted passage of the bill in mid-2006.



GOI-sponsored public education campaigns, continued arrests

and prosecutions of traffickers, new medical facilities and

shelters to assist victims, and other actions detailed in

this report provided further signs of political will.



LIMITATIONS, RESOURCES

--------------



Given the scope of the country's trafficking problem,

Indonesia's actions against trafficking, whether the

responsibility of national or local governments, continued to

demonstrate serious weaknesses and failings. Indonesia's

relative poverty, weaknesses in governance, poor public

funding, preoccupation with post-tsunami recovery, and

endemic corruption all contributed to these shortcomings.



As a developing country with a low per capita income, and as

a new democracy of some 240 million people struggling with a

legacy of 40 years of authoritarian rule, Indonesia faces

huge challenges in governance, which significantly limit the

GOI's ability to fight trafficking. Indonesia's emerging

democratic structures commonly lack capacity and integrity,

and face critical funding limitations.



Overall, government funding for anti-trafficking remained

very inadequate, a situation similar to the country's

response to many other crimes and social ills. Limited

funding constrained central and local governments' assistance

and protection efforts. This included the GOI's ability to



JAKARTA 00002849 015.2 OF 055





detect and assist victims on islands sometimes many hundreds

of miles from the national and provincial capitals. While

the GOI did assist many Indonesians trafficked abroad,

assistance and protection efforts, in particular for persons

trafficked within Indonesia, remained very sporadic and did

not reach most victims. Limited police budgets and lack of

operational funds severely hampered investigations, many of

which required travel to other police districts.



Jakarta officials and researchers reported that the national

and local governments increased outlays for specific

anti-trafficking efforts over the past several years, but

these sources did not provide budget data. In 2006 the GOI's

focal point for anti-trafficking, the Women's Ministry, did

not receive a significant increase in anti-trafficking

funding, which remained at approximately $300,000 (the

Women's Ministry has a policy, rather than operational role).

There were reports of additional provincial and district

governments allocating limited money for anti-trafficking

efforts, but no details were available.



The devastating earthquake and tsunami that struck

Indonesia's Aceh and North Sumatra provinces on December 26,

2004, continued to consume massive amounts of GOI funding and

attention over the past year. As the world's worst natural

disaster in living memory, the catastrophe left over 120,000

Indonesians dead and many more missing. It also caused

billions of dollars in physical damage. Key Indonesian

ministries in the fight against trafficking, including the

People's Welfare Coordinating Ministry, the Women's Ministry

and the Social Affairs Ministry, took on major

responsibilities for the Aceh relief effort. Staff and

budgets in these ministries were very much focused on tsunami

response efforts during most of 2005.



CORRUPTION

--------------



Corruption, which took firm root under the former Suharto

government, remains widespread and deeply entrenched. The

legal system generally functions poorly and rule of law is

weak, severely affecting GOI law enforcement efforts for all

crimes, and TIP cases are no exception. The police force is

only slowly coming to grips with its proper role in a

democracy and under civilian, rather than military,

authority.



Corruption in Indonesia's legal system affects trafficking

cases. According to NGO reports, and statements from

officials and police, in recent years traffickers have used

corruption in the legal process to their benefit to obtain

reduced charges and sentences, to manipulate investigative

reporting, and to avoid charges altogether. Often times,

NGOs, officials and private citizens did not report

information on corruption and illegal activities to the

authorities because of concern over retribution or lack of

trust in the system to take action in such cases.



JAKARTA 00002849 016.2 OF 055







Corruption among government officials and institutions

responsible for producing national identity cards, passports

and other identifying documents contributed substantially to

trafficking. This particularly affected the trafficking of

persons abroad and the trafficking of minors into

prostitution.



The Yudhoyono administration launched a new and promising

anti-corruption campaign, with an Corruption Eradication

Commission (KPK) and a special anti-corruption task force

under the Attorney General's Office. The campaign achieved

some notable, high-profile successes in its first 16 months,

but represented only the beginning of a very long process

needed to significantly reduce endemic corruption.



GOI MONITORING AND ASSESSMENTS

--------------



Senior GOI officials periodically evaluate the Government's

performance, including serious shortcomings. The GOI uses

the National Anti-Trafficking Task Force to evaluate progress

and shortcomings under the framework of the National Action

Plan to combat trafficking. The Task Force had the following

priorities for 2004-2007:



-- Adoption of the comprehensive anti-trafficking law

-- Increase in public awareness campaigns and efforts

-- Promotion of better mechanisms for counter-trafficking

programs at provincial and district levels

-- Full development of shelters in all provinces and in half

of all districts

-- Strengthening the capacity of law enforcement officers and

task forces at all levels

-- Building data collection and information systems



As an example of its activity, the latest National

Anti-Trafficking Task Force meeting, held in late February

2006, endorsed a number of practical actions, including:

targeting the passage of the anti-trafficking bill in 2006;

increasing GOI public awareness programs; increased attention

to the role of falsified national identity documents in

contributing to trafficking; better defining procedures for

victims to access government services; development of an

awards program for local government leaders who carry out

significant anti-trafficking efforts; and needed follow-up

with the Finance Ministry and the National Planning Board to

explore more national and local level funding in anticipation

of the end of foreign anti-trafficking assistance.



The GOI produces and publicly distributes an annual

anti-trafficking report, normally available by April of each

year.



--------------

II. PREVENTION OF TRAFFICKING

--------------



JAKARTA 00002849 017.2 OF 055







UPDATE

--------------



Indonesia's acknowledgement of trafficking found clear

reiteration in public statements by President Yudhoyono and

other measures. Indonesia's National Spokesperson on

Trafficking, Dewi Hughes, continued numerous public

engagements. The GOI ran a first-ever anti-trafficking

public service announcement on television, reaching millions

of viewers. The Manpower and National Education ministries

incorporated anti-trafficking materials in their training

activities. The national Scout movement expanded its

anti-trafficking campaign in West Java. The GOI made

progress in achieving free basic education and free birth

registrations in some districts. The GOI began to introduce

a passport with improved security features.



GOVERNMENT ACKNOWLEDGEMENT OF TRAFFICKING

--------------



The GOI at the most senior levels acknowledges that

trafficking is a serious problem that affects many Indonesian

women and children. This acknowledgement is reflected in

presidential and ministerial-level statements, including

clear public statements by President Yudhoyono in 2005; three

related national action plans; national and local

anti-trafficking task forces; additional criminal sanctions

included in the 2002 Child Protection Act; police actions to

combat trafficking; and current GOI and DPR efforts to pass

comprehensive anti-trafficking legislation.



As an important signal of its recognition of the problem, the

GOI seeks, accommodates and welcomes international assistance

to fight the trafficking of Indonesian citizens, including in

the area of law enforcement. Indonesia actively participated

in international, regional and sub-regional anti-trafficking

events, including preparation and signing of the November

2004 ASEAN anti-trafficking declaration, and hosting of the

ASEAN TIP workshop in 2005. President Yudhoyono and

Malaysian Prime Minister Abdullah Badawi's January 2006 joint

statement condemned trafficking as "an atrocious crime

against humanity."



Some GOI agencies, individual officials and local governments

lagged behind in understanding and acknowledging TIP. Others

took anti-TIP actions without using the term "trafficking."

A number of senior civilian officials and law enforcement

officers continue to believe that trafficking is a problem

only for Indonesians victimized abroad and they do not

acknowledge or admit the existence of internal trafficking,

particularly for prostitution. In general, trafficking

within Indonesia's borders received less acknowledgment and

priority than trafficking of Indonesians to other countries,

though law enforcement actions against internal trafficking

appeared to increase.





JAKARTA 00002849 018.2 OF 055





GOI AGENCIES INVOLVED IN ANTI-TIP EFFORTS

--------------



Many government agencies at national and sub-national levels

carried out anti-trafficking efforts, some in a substantive

way and others only superficially. The People's Welfare

Coordinating Ministry is the senior most executive body

responsible for TIP. In 2002, the President identified the

Women's Ministry as the focal point for anti-trafficking

efforts, particularly those concerning women and children.

Both the Coordinating Ministry and the Women's Ministry

actively engaged on TIP throughout the year. Several deputy

ministers from both ministries devoted themselves on an

almost full-time basis to anti-trafficking activities.



The People's Welfare Coordinating Ministry and the Women's

Ministry lead the GOI's National Anti-Trafficking Task Force,

which has formal responsibility for the National Action Plan

to Eliminate Trafficking in Persons. This body includes 12

other GOI agencies (as well as NGOs and civil society

representatives):



-- Home Affairs Ministry

-- Foreign Affairs Ministry

-- Religious Affairs Ministry

-- Law and Human Rights Ministry

-- Manpower and Transmigration Ministry

-- Social Affairs Ministry

-- Health Ministry

-- Education Ministry

-- Tourism and Culture Ministry

-- Communications Ministry

-- The National Police (POLRI)

-- The National Statistics Bureau



The National Task Force has had limited success as a

coordinating body, and less success in generating concrete

actions. In part, this reflects the relative powerlessness

of the Women's Ministry within the national government, and

the fact that neither the People's Welfare Coordinating

Ministry nor the Women's Ministry has much operational

authority. However, interagency coordination generally is

weak or nonexistent everywhere in the government on almost

all issues.



The Manpower Ministry maintained a Directorate for the

Protection of Overseas Workers that carried out some

functions related to anti-trafficking, though it normally did

not use this concept to describe its actions.



Local government agencies, for the most part operating

autonomously from central ministries, also played roles in

anti-trafficking. The number of provinces with established

anti-trafficking committees or task forces increased to 12

(out of 33 provinces),namely: Bali, Central Java, East

Java, East Kalimantan, East Nusa Tenggara, Jakarta, North

Sulawesi, North Sumatra, West Java, West Kalimantan, West



JAKARTA 00002849 019.2 OF 055





Nusa Tenggara, and Yogyakarta. At least 14 district-level

task forces also operated within 8 provinces: Bali

(Buleleng),Central Java (Cilicap),East Java (Tulungagung,

Malang, Ponorogo, Blitar, Banyuwangi),Riau (Dumai),Riau

Island (Tanjung Balai Karimun),West Java (Indramayu,

Bandung, Bekasi),West Kalimantan (Sambas),and West Nusa

Tenggara (Sumbawa). The effectiveness of the various

committees and task forces varied considerably, and some

failed to function adequately.



GOI ANTI-TIP CAMPAIGNS

--------------



During this period, the GOI and NGOs continued

anti-trafficking information and education initiatives, which

were limited in scope and budget, but did raise awareness

among the Indonesian public. GOI-sponsored public awareness

campaigns included TV, radio and print media, and commonly

featured senior officials. Indonesia's National Spokesperson

on Trafficking, TV personality Dewi Hughes, continued public

awareness engagements in numerous media events that

highlighted the human cost of trafficking, sought to warn

potential victims, and lobbied for the passage of the

anti-trafficking bill.



In 2005-2006, the Women's Ministry conducted

awareness-raising efforts in 16 provinces. In late 2005, the

Women's Ministry sponsored a televised public service

announcement (PSA) on private national television stations,

with viewing audiences in the millions of viewers. The

television PSA, the first-ever related to trafficking, ran

for approximately one month. The PSA depicted a rural girl

who, with the promise of a lucrative job, is trafficked into

prostitution in a big Indonesian city.



The Manpower Ministry included information on the risk of

trafficking, and other abuses, during mandatory training of

out-going migrant workers. The Manpower Ministry also

launched pilot projects in four sub-districts (two in West

Java, one in Central Java, one in West Nusa Tenggara)

involving activists who reach to their communities to raise

awareness about trafficking and safe migration.



Some local governments, such as in North Sulawesi, East Java,

and Batam, also conducted education campaigns.



The National Education Ministry incorporated anti-trafficking

materials in some of its training activities. The Ministry

distributed anti-trafficking education kits to 150

administrators responsible for the country's out of school

education services. The National Education Ministry also

funded a local NGO project to assist radio stations in West

Java with the creation and airing of anti-trafficking PSAs.



NGOs remained the most active groups conducting

anti-trafficking campaigns in some areas. For example, in

Surabaya, East Java, NGOs held discussions in prostitution



JAKARTA 00002849 020.2 OF 055





complexes, sponsored university workshops, conducted

campaigns in bus and railway stations, and distributed

brochures and posters.



There were few efforts that focused on reducing demand for

trafficking. Limited public education material in Bali and

Batam, aimed at stopping child sex tourism, contained

messages for potential clients of prostitutes.



The GOI efforts contributed to increasing public

understanding of the seriousness of the trafficking problem,

but GOI agencies responsible for combating trafficking did

not have funds to conduct extensive, national education

efforts. The national TIP Task Force called for expanded

awareness-raising campaigns.



Media coverage of trafficking, both domestic and

international, expanded over recent years. National

television, radio and print media, and local newspapers

routinely covered TIP issues. Investigative journalism shows

highlighted the crime. Migrant workers who had become

trafficking victims, Indonesian prostitutes in Malaysia and

the Middle East, domestic servants in Saudi Arabia, and child

prostitutes were among topics that received significant

coverage.



Indonesia's national Scouts organization, which has near

universal representation in public schools, continued and

expanded its anti-trafficking education campaign in West

Java. The on-going campaign targets 25,000 students in 116

schools in 2006. Some Islamic organizations, including

Muslim boarding schools (pesantren) began to take a more

active role in anti-trafficking awareness-raising in parts of

West Java, East Java, and Aceh. In West Java, the Fahmina

Institute and the pesantren of Kyai Husein Muhammad engaged

in active anti-trafficking efforts focused on the Muslim

community.



GOI SUPPORT TO OTHER PREVENTION PROGRAMS

--------------



The GOI supported and administered other national programs

related to the prevention of trafficking, but not designed

specifically as anti-trafficking efforts. These programs

commonly faced serious constraints in terms of GOI limited

funds, institutional capacity, and corruption. Some of the

more relevant programs were:



-- A program to encourage free basic public education through

the first nine years of schooling, including subsidies for

students from poor families. A number of districts announced

their achievement of free public schooling.



-- A program to encourage birth registrations, coupled with a

law that mandates government offices to provide birth

certificates free of charge. At least 21 local governments

began free provision of birth certificates.



JAKARTA 00002849 021.2 OF 055







-- A national program to eliminate gender inequality in

education.



-- Programs to train female migrant workers.



-- Credit schemes for micro-, small- and medium-sized

businesses, some of which focused on women.



-- Revolving credit schemes for cooperatives and savings and

loan associations.



-- Various cooperative efforts with NGOs to assist women from

poor families.



The Megawati Government, which left office in October 2004,

did not capitalize on then President Megawati's publicly

declared campaign against the commercial sexual exploitation

of children in Batam and Bali, announced in July 2003. The

campaign led to some limited actions in Batam and some

meetings in Bali, and helped somewhat to raise public

awareness, but GOI efforts did not match the President's

rhetoric. The campaign did not carry over into the new

administration of President Yudhoyono.



RELATIONSHIP BETWEEN GOI, NGOs AND OTHER ELEMENTS

-------------- --------------



The overall relationship between relevant GOI offices and

NGOs remained cooperative and mutually supportive on

TIP-related issues. Cooperation varied from agency to agency

and location to location. The GOI recognized the importance

of NGO expertise, networks and involvement. NGOs met

regularly with officials and participated in national and

local task forces. The GOI and NGOs collaborated on many TIP

initiatives, including in protection of victims, public

awareness raising, and in providing assistance to law

enforcement officials in investigations and prosecutions.

The police and NGOs continued to share information on

trafficking, although mutual suspicions between NGOs and

police sometimes prevented their cooperation.



In East Java, the province's Child Protection Commission,

police, city authorities, and NGO representatives in May 2005

launched a network to monitor and prevent trafficking of

children into prostitution. The network monitors brothels

and reports to the social services office and police if a

brothel employs a child prostitute.



The DPR invited NGOs and other civil society groups to

participate in hearings on the pending anti-trafficking bill.

Women's groups worked with the GOI and DPR members to garner

political support for the bill's passage.



In 2005, the Foreign Ministry decided not to proceed with an

initiative by the NGO ICMC to provide limited technical and

material assistance to TIP shelters and personnel operating



JAKARTA 00002849 022.2 OF 055





out of Indonesian diplomatic offices in Malaysia. The

Foreign Ministry explained that it had concerns over

perceptions by the Malaysian government of a foreign NGO

working with the Indonesian embassy there on such a sensitive

issue. This situation coincided roughly with Malaysia's

announced effort to expel illegal Indonesian workers.



MONITORING OF IMMIGRATION/EMIGRATION

--------------



The GOI, by its own admission, could not adequately monitor

its borders due to the vast size of the country (stretching

some three thousand miles east-west encompassing 17,000

islands),its tens of thousands of miles of coastline, and

its limited naval and border patrol units. While the GOI

increased controls and oversight at some border points in

response to concerns over terrorism and illegal migrant

worker flows to Malaysia, border control in general remained

very inadequate. Field reports from the Indonesia-Malaysia

land border crossing points, such as Entikong, West

Kalimantan, consistently described very loose and easily

corrupted immigration controls.



The GOI did not effectively monitor immigration and

emigration patterns for evidence of trafficking, with some

limited exceptions in areas like the Riau Islands, where from

time to time police and immigration officials utilized

immigration/emigration data to detect and act against

trafficking rings. On the whole, however, immigration

officials and law enforcement agencies did not have the

equipment, capacity or tools to generate useful information,

or did not prioritize such information.



In 2004, Indonesia established a Transnational Crime Center

(TNCC),which includes trafficking as one focus. There was

no information, however, on the TNCC's activities related to

trafficking over the past year.



In February 2006, the GOI introduced a new passport with

increased security features. In the future, the GOI plans to

link fingerprints to passport data to prevent fraud. While

efforts to increase passport integrity began, Indonesia's

passport services, like most other government services,

remained the object of widespread corruption. Indonesians

are able to easily obtain passports in false and multiple

identities. The lack of computerized nationwide passport and

immigration records facilitated the work of traffickers, and

made it difficult to check whether potential trafficking

victims have left Indonesia. Recruitment agencies routinely

falsified birth dates, including for children, in order to

apply for passports and migrant worker documents.



COORDINATION AND COMMUNICATION MECHANISMS

--------------



At the national level, the Women's Ministry served as the

focal point for GOI actions on TIP. The People's Welfare



JAKARTA 00002849 023.2 OF 055





Coordinating Ministry, which includes the Women's Ministry

under its umbrella, also played a key role in coordinating

efforts across different agencies. The National Action Plan

to eliminate trafficking created a Task Force led by the

People's Welfare Coordinating Minister and the Women's

Minister, and included some 28 government and law enforcement

agencies, NGOs, and civil society groups (see above). Many

provinces and a number of districts operated task forces for

coordinating anti-trafficking efforts.



The GOI actively participated in multilateral and

international coordination efforts to combat trafficking

under UN, ASEAN and regional frameworks. As an example, the

GOI hosted the ASEAN workshop on combating TIP in November

2005. The results for Indonesia of such multinational

efforts have been mixed, in part because they often do not

involve GOI agencies that are responsible for TIP and are

knowledgeable about the issue. For example, the Bali

Ministerial process appears to have had little discernable

impact on GOI anti-trafficking efforts inside the country

thus far.



NATIONAL PLANS OF ACTION

--------------



In 2002, then President Megawati approved three five-year

national action plans related to trafficking, one each to

eliminate the worst forms of child labor, to combat

trafficking in women and children, and to eliminate the

commercial sexual exploitation of children (CSEC). The

People's Welfare Coordinating Ministry and the Women's

Ministry led the development of the anti-trafficking action

plan, beginning in March 2002. A number of NGOs and civil

society groups actively joined in the drafting and discussion

of the plans. NGOs and civil society groups sit on the

steering committee for implementing the action plan.

Following its adoption, the GOI has disseminated the action

plans to GOI offices, provincial officials, NGOs and civil

society groups, often through workshops, seminars and the

travel of Jakarta officials to the provinces.



East Java Province approved a provincial action plan in 2005.

Other provinces and districts also have developed action

plans, including West Kalimantan.



The GOI has given responsibility for developing

anti-trafficking programs to the National Anti-Trafficking

Task Force, created by the National Action Plan, and led by

the People's Welfare Coordinating Minister and the Women's

Minister, which includes other government and law enforcement

agencies, NGOs, and civil society groups (see above).

Responsibility for provincial and district-level programs

varies from location to location. A growing number of

provinces and districts (26 in total) have their own task

forces or committees.







JAKARTA 00002849 024.2 OF 055





--------------

III. INVESTIGATION AND PROSECUTION

OF TRAFFICKERS

--------------



UPDATE

--------------



The DPR formally took up the comprehensive anti-trafficking

bill in late 2005, after a long period of inaction affecting

almost all other pending legislation. The DPR began hearings

in January 2006 and targeted passage in mid-2006. Law

enforcement actions against traffickers continued apace in

2005, with 110 arrests/investigations of individual

traffickers, some reported 37 prosecutions, and at least 16

convictions, per partial data available. Most cases

pertained to women and children trafficked into prostitution.

In contrast to previous years, a sizable number of arrests

wee for acts of internal trafficking. Law enforcemett

actions were highly concentrated in four provic"es. Police

did not improve their data collectinn on TIP cases and the

Attorney General's Office paid very limited attention to

centralized informt ion on trafficking. Raids on illegal or

abusiv migrant worker holding centers freed hundreds of



women and resulted in arrests. The police formedsspecial

units to investigate crimes against women and children,

including trafficking. Indonesiano*fficials assisted with

the arrest and return oftthree American pedophiles. Clashes

between polie and military highlighted the continued

involveeent of individual security force members in

prostitution. Debt bondage in the migrant worker systemQ

continued as a widely accepted practice.



EXISIING ANTI-TIP LAWS

--------------



Currn*t Indonesian law criminalizes trafficking in persnns,

though the country does not yet have comprehensive

anti-trafficking legislation. Existing law have important

limitations, such as the lack of a clear legal definition of

trafficking. The Penal Code's Article 297 stipulates that

"trafficking of females (age not specified) and trafficking

in underage males" constitute a criminal offense and provides

for penalties. Law No. 30/1999 on Human Rights also asserts

children's rights to enjoy protection against trafficking.

The October 2002 Child Protection Act (Chapter 12) includes

specific and serious penalties for child trafficking and

related offenses. As pertains to trafficking, however, the

Act is general in nature and without a comprehensive

definition of the crime. While the GOI can and did prosecute

TIP cases under existing laws, including those for related

criminal violations (e.g., rape, illegal confinement, abuse

of women for immoral purposes, etc.),the lack of a

comprehensive law with adequate legal definitions constitutes

an impediment for law enforcement.



Police and prosecutors have increasingly turned to the Child



JAKARTA 00002849 025.2 OF 055





Protection Act, and its tougher sanctions, in cases of child

trafficking. This trend continued over the past year, with

at least 38 traffickers charged under the Act.



At times, police and prosecutors used other sections of the

Penal Code to jail traffickers, including provisions against

abductions (Article 332).



STATUS OF NEW LEGISLATION

--------------



The 2002-2007 National Action Plan on anti-trafficking notes

that the enactment of a comprehensive anti-trafficking law is

an important goal and called for passage of the law by 2004.

GOI began research for the law in 2002, completed an initial

draft in 2003, and submitted the bill to the House of

Representatives (DPR) following presidential signature in

July 2004. The bill criminalizes all forms of trafficking,

provides compensation for victims, and protection for

victims, witnesses and others involved in legal proceedings.

It also includes stiff penalties for perpetrators and

officials involved in trafficking (see below).



The outgoing DPR did not deliberate on the TIP bill before

leaving office in September 2004. During much of 2005,

political conditions and inexperience in the new

administration and DPR resulted in the DPR only passing

several minor laws from a backlog of over 200 bills.

Although the Yudhoyono administration and the DPR agreed to

prioritize passage of the anti-trafficking law during 2005,

the DPR did not take further action on the bill until the

last quarter of 2005, when the legislature adopted the draft

as its own "initiative" and formed a special committee to

handle the bill. In December 2005, President Yudhoyono and

the Women's Minister publicly called for the bill's quick

passage. The DPR committee began formal hearings in January

2006 and targeted passage of the bill in mid-2006.



In 2004, the DPR passed Law 39/2004 on the protection of

migrant workers abroad. The law provides greater regulation

of the migrant worker recruiting and placement process. It

establishes jail sentences of 2 to 15 years for unlicensed

labor recruitment agencies. Over the past year, Jakarta

police and Manpower Ministry officials began shutting down

some illegal and abusive recruiting agencies, and arresting

their operators using the migrant worker protection law.



OTHER LAWS USED AGAINST TRAFFICKERS

--------------



A myriad of other laws exists in Indonesia that the GOI can

use to prosecute trafficking-related offenses. These include

laws against sexual exploitation, labor exploitation, child

labor, abduction, rape, unlawful detention, and immigration

offenses. At times, the GOI used these laws in conjunction

with anti-trafficking charges to prosecute traffickers.





JAKARTA 00002849 026.2 OF 055





ICMC/ACILS conducted a review of existing legislation and

concluded that, "although (existing laws) can and should be

used to act now against those who traffic in people, there

are many gaps in the existing legislation."



PENALTIES FOR TRAFFICKING

--------------



Under the Criminal Code, Article 297, those "trafficking in

females and trafficking in underage males are threatened by a

penalty of up to six years in jail." The Child Protection

Act, Article 83, provides for a jail sentence of 3 to 15

years, plus fines, for child traffickers. In addition, there

are separate sanctions for related crimes against children

such as: sexual exploitation (10 years maximum imprisonment

plus fine),involving a child in narcotics trade (5 years in

jail to life imprisonment, or death penalty, plus fine),and

exposure of children to trafficking situations (5 years

maximum imprisonment, plus fine).



The anti-trafficking bill, pending before the legislature,

provides for jail sentences ranging from 4 to 15 years for

trafficking acts. The bill provides for increased sentences

for trafficking under certain circumstances, for example:

trafficking by parents (increased sentence by one-third);

trafficking resulting in serious injury (5 to 20 years); and

trafficking resulting in death (life in prison).



PENALTIES FOR RAPE OR FORCIBLE SEXUAL ASSAULT

--------------



The Criminal Code, Article 285, stipulates a maximum of 12

years imprisonment for rape committed outside of marriage.

Other generally less severe criminal sanctions apply for

sexual intercourse with a minor, forcing a person to commit

an act of sexual abuse of a minor, facilitating minors to

perform acts of obscenity, and other related offenses. The

12-year maximum jail sentence for rape exceeds the 6-year

maximum for trafficking under the Criminal Code, but is

similar to the 15-year maximum penalty for trafficking of

children under the Child Protection Act.



PROSTITUTION NOT LEGAL, BUT WIDESPREAD

--------------



As a matter of national law, Indonesia has not legalized

prostitution. Indonesia's Penal Code does not explicitly

mention prostitution, but the Code's Chapter 14 refers to

"crimes against decency/morality," which many within national

and local governments interpret to apply to prostitution.

Central government officials contacted by the Embassy agreed

in their interpretation that the Penal Code renders

prostitution illegal. The prostitution of children is

clearly illegal under the Penal Code and the 2002 Child

Protection Act.



The Penal Code can be used to prosecute the acts of pimps,



JAKARTA 00002849 027.2 OF 055





brothel owners and enforcers on the basis of various crimes,

including: using violence or threats of violence to force

persons to conduct indecent acts (Article 289, with a maximum

penalty of nine years in jail); facilitating indecent acts

(Article 296, with a possible jail term of 16 months);

conducing/facilitating public indecency (Article 281); and

making profits from the indecent acts of a woman (Article

506, with a possible one-year jail sentence). In practice,

authorities rarely pursued such charges against those

involved in prostitution.



Clients of child prostitutes can be charged under the Penal

Code and the Child Protection Act. In theory, married

persons who are clients of prostitutes can be charged for

engaging in sexual relations outside of marriage (Penal Code

Article 284). In general, police did not arrest and pursue

charges against clients of prostitutes.



While contrary to societal and religious norms in Indonesia,

the practice of prostitution is widespread and largely

tolerated in many areas of the country, particularly when it

is not a matter of public display. Although contrary to

national interpretations that the Penal Code prohibits

prostitution, authorities in some localities have formally or

informally regulated prostitution in response to community

pressure. Drawing on precedents from the Dutch colonial era,

beginning in 1960, some cities and other areas, including

eventually Jakarta, Surabaya, and Batam, adopted a policy of

"localization" (concentration in a particular locale) for

prostitution. Often supported by elements of civil society,

"localization" was justified as an attempt to isolate vice

and thereby preserve the morals of the wider community, as

well as an effort to better monitor the activity and provide

health and rehabilitation services. In recent years, some

local governments (Jakarta among them) closed down the

"localization" areas because of protests from religious

groups, a trend that continues.



In November 2005, the city of Tanggerang, near Jakarta,

passed a public morality ordinance which, in part, forbids

persuading or coercing others into acts of prostitution, as

well as against acts of physical intimacy in public, such as

kissing. Other local governments are considering ordinances

against prostitution in the context of broader, and possibly

intrusive, regulations of public morality.



According to a media report, in February 2006 the social

services agency in Batam announced a plan to issue

identification cards to prostitutes, with the stated

objective of preventing children from being engaged in

prostitution. The plan met with opposition from local

legislators and religious leaders, who objected to the

measure believing it to constitute legalization of

prostitution.



In some areas, including certain locations in Papua, brothel

owners registered prostitutes with the police with a view to



JAKARTA 00002849 028.2 OF 055





demonstrating that the prostitutes are not coerced or

underage.



Some local governments gained important tax revenues from

otherwise legal entertainment businesses, such as karaoke

bars, that also offer prostitution. Individual police and

other officials also gained illegal income as a result of

prostitution. These factors encouraged the tendency to

tolerate prostitution, according to observers.



ARREST AND PROSECUTION OF TRAFFICKERS

--------------



The GOI investigated, arrested, indicted, convicted and

sentenced traffickers, with partial data indicating that

anti-trafficking law enforcement efforts in 2005 continued at

a pace similar to 2004.



According to data provided by the national police, local

police offices, other GOI offices and press accounts, police

investigated/arrested 110 suspected traffickers in calendar

year 2005. An additional 15 arrests occurred in

January-February 2006. Almost all of the arrests related to

trafficking of women and girls for prostitution, with the

exception of baby-trafficking (see below). Police

investigated and arrested traffickers sending victims to

internal destinations (62 cases) and foreign countries

(Malaysia 21 cases; Japan 3; Middle East 3; Singapore 2).

The sizable number of arrests for acts of trafficking within

Indonesia represented a positive change from previous years,

in which most arrests related to international trafficking.





Approximately one-quarter of the arrests related to cases of

"baby-selling," commonly using article 83 from the Child

Protection Act prohibiting "the trafficking, selling or

kidnapping of children for oneself or in order to sell to

another..." Some of these cases may refer to practices of

illegal adoption, rather than an inherently harmful, black

market trade in babies.



Prosecutors took 37 traffickers to court in 2005, according

to information from the Attorney General's Office (AGO)

provided to the People's Welfare Coordinating Ministry in

late February 2006. The AGO had not provided details of the

cases to the Embassy by the time of this report. Details of

25 completed or on-going prosecutions were available to the

Embassy from other GOI and non-governmental sources, showing

16 convictions of traffickers and no acquittals. The average

sentence in these cases was 30 months in prison. The average

sentence length for persons convicted under the Child

Protection Act was higher than for those convicted only under

the Penal Code. The longest sentence handed down by a court

in 2005 in a trafficking case was nine years, representing a

conviction under both the Penal Code and Child Protection Act.



In the 57 cases for which relevant information was available,



JAKARTA 00002849 029.2 OF 055





police and prosecutors used the Child Protection Act against

traffickers in 38 cases; the Penal Code in 33 cases; the

Migrant Worker Protection Act in 13 cases; and a local

ordinance in 2 cases. Police and prosecutors often filed

charges under multiple laws. Almost all cases involving

child or baby trafficking utilized the Child Protection Act.



As in previous years, the available law enforcement data

showed distinct geographic patterns. In 2005, 18 out of 33

provinces recorded anti-trafficking law enforcement cases,

with law enforcement actions highly concentrated in four

provinces. North Sumatra recorded the greatest number of

arrests and prosecutions (27),followed by West Java (24),

Jakarta (18),and Riau Islands (15). The remaining 14

provinces recorded 7 or fewer cases each. In some areas of

the country known for trafficking problems, there were few or

no reports of law enforcement actions.



The law enforcement data available to the Embassy represents

incomplete and imperfect information. Despite standing

instructions from National Police Headquarters, not all

police districts reported anti-trafficking statistics and

some district reports were incomplete. The national police

data collection effort for anti-trafficking statistics

remained inadequate and did not demonstrate improvement over

the previous year. This also reflects a general weakness in

law enforcement data collection, which applies not only to

the issue of trafficking in persons. In addition, police

data would not necessarily capture some cases that did not

involve trafficking charges, such as cases in which

traffickers are charged with rape or abduction instead of

trafficking.



Relative to the police, the AGO had even more difficulty in

providing anti-trafficking data. AGO attention to data

collection on TIP appeared very limited. Central government

officials often relied upon contacts with province and

district level courts and prosecutors to gather data on legal

proceedings against traffickers.



The GOI's difficulties in collecting data are not unique to

TIP, but are endemic to the Indonesian Government and have

been particularly acute following decentralization. Local

authorities are no longer compelled to provide data to

central authorities in many instances.



Police and other GOI officials stated that almost all of the

convicted traffickers served their sentences in jail, but no

details were available.



Continuing law enforcement actions that began in December

2004 and January 2005, police and Manpower Ministry officials

conducted raids on 12 illegal migrant worker holding centers

in Jakarta from February to October 2005, arresting 10

persons and freeing 565 women. The police used the 2004

migrant worker protection law as the basis for the arrests.

According to GOI officials, the raids targeted unlicensed



JAKARTA 00002849 030.2 OF 055





holding centers some of which forcibly held prospective

female workers (adults and some children) under inhumane

conditions. However, they did not reflect a change in the

GOI's tacit acceptance of debt bondage, which, while not

recognized in law, is largely institutionalized in

Indonesia's migrant worker system.



THOSE BEHIND TRAFFICKING

--------------



Many traffickers arrested during this period appeared to be

lower level operators and/or members of small crime groups.

In a few cases, like that of the Jakarta-based traffickers

who sent women to Japan as "cultural entertainers," police

appeared to arrest more senior members of trafficking

syndicates. Most observers suspected the involvement of

larger crime syndicates and international criminal rings,

particularly for some overseas trafficking of prostitutes.

Large organized crime gangs commonly operated brothels in

major prostitution zones, normally with the involvement of

individual security force members. Traffickers also took on

the form of migrant worker recruiting agencies, both licensed

and unlicensed. Marriage brokers were involved in

trafficking using false marriages.



Some government officials and individual members of the

security forces indirectly or directly assist traffickers,

and in some cases themselves fit the definition of

traffickers.



No information was available on the channeling of profits

from trafficking in persons.



POLICE APPROACH TO INVESTIGATIONS

--------------



As noted above, police continued actions to investigate

traffickers, break up trafficking rings, arrest traffickers

and free victims during this period. Police trained under

the DOJ/ICITAP program carried out qualitatively improved

investigations of trafficking during 2005, according to U.S.

Mission observations. In most incidents, however, police

were largely reactive in their investigations, taking actions

in response to complaints by family members, escaped

trafficking victims, civil society groups, NGOs, the press

and other government officials. Police more readily took

action in the case of children trapped in prostitution,

rather than adults forced into, or trapped in, the sex

industry.



Beginning as early as 2001, the police established women's

help desks (RPK) to protect women and child victims of

violence, including trafficking, and also to aid in

investigations of these crimes. The police have steadily

expanded the number of RPK, totaling 237 such desks in 2006.

Recently, certain police districts, including Jakarta and

North Sumatra, formed specialized investigative units focused



JAKARTA 00002849 031.2 OF 055





on crimes against women and children, with the units referred

to by the abbreviation RENATA. In 2006 the RENATA unit in

Medan, North Sumatra, consisted of 18 full-time female police

investigators, led by a senior female police official, and

focused most of its work on cases of domestic violence and

trafficking in persons. As noted above, in 2005 North

Sumatra carried out more anti-trafficking law enforcement

actions than any other province, per available data.

Jakarta's RENATA unit achieved some high-profile success in

2005 with the arrests of two traffickers sending young women

into prostitution in Japan.





GOI officials and NGOs often criticized police officers as

too passive in combating trafficking absent specific

complaints. Although police were often aware of underage

prostitutes or other trafficking situations, they frequently

did not intervene to protect victims or arrest probable

traffickers without specific reports from third parties.

Police in some areas facilitated and accepted at face value

efforts by pimps to obtain written statements by prostitutes,

which "verified" that the prostitutes were of adult age and

had consented to their roles. Police in some areas generally

accepted trafficking or trafficking-like situations, whether

out of lack of awareness of trafficking as a crime, their

direct or indirect involvement in trafficking, their

individual financial interest in prostitution, lack of police

resources for operations, or competing law enforcement

priorities.



To aid in trafficking investigations, cases involving

Indonesian migrant workers, and other crimes, beginning in

2003 the police posted liaison officers in Indonesian

embassies in Saudi Arabia, Malaysia, Australia and Thailand.

These police liaison officers contributed to growing law

enforcement cooperation particularly with Malaysia. The

Indonesian police liaisons in Australia and Saudi Arabia have

also helped to investigate trafficking in the past.



INVESTIGATIVE TECHNIQUES

--------------



In some instances, the police, particularly those who had

received anti-trafficking training, used active investigation

techniques to develop trafficking cases. The police used

undercover operations to some extent. In the past, police

occasionally employed electronic surveillance using technical

expertise developed for counter-terrorism. Information

collected through electronic surveillance is not admissible

in Indonesian courts except in cases of terrorism. The

cooperation of victims and witnesses was important to police

and prosecutors in making cases against traffickers.

According to a number of the police, GOI officials and NGOs,

victims frequently avoided testifying because of the

prolonged nature of court cases, their desire to return to

their home areas and lack of financial assistance to maintain

themselves. This complicated prosecution efforts. In some



JAKARTA 00002849 032.2 OF 055





cases, police did not detain suspects, who then subsequently

disappeared and did not present themselves in court.



SPECIALIZED TRAINING

--------------



Beginning in 2003, the GOI and POLRI using their own budgets

began to provide some training to officials and law

enforcement officers on TIP and related subjects at the

national and local levels, a positive change from previous

years. NGOs at times served as resource persons for such

training. POLRI has welcomed anti-trafficking training

assistance from the U.S. via the Department of

Justice/ICITAP, which will continue in 2006 after a break in

funding in 2005. The International Organization for

Migration (IOM) continued to provide some anti-trafficking

training to the police over the past year.



The Manpower Ministry trained labor inspectors and officials

responsible for migrant workers in the subjects of the worst

forms of child labor and trafficking.



COOPERATION WITH OTHER GOVERNMENTS

--------------



The GOI cooperated with other governments, particularly

Malaysia, in the investigation and prosecution of trafficking

cases during this reporting period. Indonesian and Malaysian

law enforcement officers worked together to stop criminal

operations trafficking women and girls into prostitution in

Malaysia, and trafficking of babies to Malaysia. Indonesian

and Singaporean police also cooperated in the investigation

of a ring sending Indonesian prostitutes to Singapore. It

was unclear whether the prostitutes were trafficked.



In the past, Indonesia and Australia cooperated in the

investigations of Australian pedophiles victimizing children

in Bali, and syndicates trafficking women to Australia.



Indonesian police and other officials cooperated actively

with U.S. law enforcement to arrest and expel wanted American

citizen pedophiles (see below).



EXTRADITION

--------------



Indonesia maintains extradition treaties with only five

countries or territories, but very seldom utilizes this

mechanism to seek extradition of its citizens, preferring

less formal options such as rendering and deportation.

Indonesia does not have a history of extraditing or rendering

its own citizens to other countries.



Indonesia did not extradite any traffickers during this

reporting period and there were no reports of such requests

from other countries.





JAKARTA 00002849 033.2 OF 055





Indonesian police and officials have cooperated with foreign

governments, including the U.S. and Australia, in the

apprehension and repatriation of foreign sex offenders.



GOVERNMENT INVOLVEMENT IN OR TOLERANCE OF TRAFFICKING

-------------- --------------



Some government officials and individual members of the

security forces facilitated, tolerated, or were involved in

TIP on a variety of levels. The GOI in past reports

acknowledged this fact, which has been widely reported by

groups working on trafficking. The most common example of

such complicity was in the production of national identity

cards. In local communities, low-level officials certified

false information to produce national identity cards and

family data cards for children to allow them to work as

adults. They commonly did so in order to collect bribes and

also to assist poor families in gaining additional wage

earners. In most cases, these officials facilitated such

cards without knowing the children will be trafficked. In a

much smaller number of cases, the local officials presumably

were aware that they are facilitating trafficking. Based on

the identity cards, traffickers processed passports and work

visas for children who otherwise would not be able to obtain

such documents. With less than 30 percent of all births

registered in the country, and such registrations also

subject to falsification, authorities often had little legal

basis to challenge documents containing false information.



Some officials in local Manpower offices (Disnaker)

reportedly licensed and tolerated migrant worker recruiting

agencies despite the officials' knowledge of the agencies'

involvement in trafficking. In return for bribes, some

Immigration officials turned a blind eye to potential

trafficking victims, failing to screen or act with due

diligence in processing passports and immigration control.



Local governments' informal or formal regulation of and

alleged profiteering from established prostitution zones in

larger cities also raised concerns about local officials'

involvement and tolerance of trafficking.



Individual members of the police and military were associated

with brothels and prostitution fronts, most frequently

through the collection of protection money, which was a

widespread practice. Sometimes off-duty security force

members worked as security personnel at brothels. Security

force members also involved themselves in prostitution as

brothel owners or through other illicit business interests,

according to NGOs and other reports. As one prominent

example, NGOs continued to report the involvement of

Indonesian navy personnel and police in the Dolly

prostitution complex in Surabaya, one of Southeast Asia's

largest brothel areas. A 2005 NGO examination of trafficking

in Papua also found indications of police and military

personnel involved in trafficking.





JAKARTA 00002849 034.2 OF 055





NGOs described the involvement in TIP of individual police

and military members primarily as one of extorting protection

money from brothel owners and pimps, and of not taking

proactive steps to free underage or other trafficked

prostitutes. In past years, there have been reports of

police officers assisting pimps to return runaway prostitutes

to brothels. The NGOs did not report any examples of

security force members actively recruiting or forcing

children into prostitution.



Police, public order officials and military members sometimes

clashed as a result of raids on prostitution areas, publicly

highlighting the link between security force members and the

sex trade. Examples of such clashes occurred in Padang, West

Sumatra, in 2005 and in Sukabumi, West Java, in February

2006.



In some cases, the police tolerance of trafficking,

profiteering from the sex trade, and/or lack of understanding

of the law limited or delayed their actions in response to

complaints. On occasions in the past, national police

headquarters intervened with local police units to generate

actions, after the local units failed to respond to direct

complaints.



Police and officials often did not recognize the relationship

of debt bondage and trafficking of women and girls for

prostitution.



DEBT BONDAGE INSTITUTIONALIZED

--------------



The recruiting process for Indonesians working as unskilled

or semi-skilled labor abroad tends to institutionalize debt

bondage, which technically is illegal under Indonesian law.

Migrant worker recruiting agencies commonly hold prospective

workers in debt bondage. The indebtedness stems from

processing fees charged to the workers by the agencies and

costs incurred by the agencies prior to the departure of

workers for jobs overseas. Prospective migrant workers can

remain in holding centers for months at a time, awaiting

placement and departure. In some cases, such situations

degenerate into jail-like conditions, with poor food and

sanitation, and with workers unable to leave locked

warehouses where they are housed. There often appeared to be

widespread societal acceptance and tolerance by GOI officials

and law enforcement of such migrant worker conditions.

Situations of debt bondage commonly continued with overseas

employers.



The Manpower Ministry and the Jakarta police launched raids

on unlicensed migrant worker agencies, some of which kept

women and girls under inhumane conditions (see above).

U.S.-funded NGOs, the ILO and others examined the basis for

legal challenges to debt bondage and alternative means of

organizing migrant worker recruitment. There was a gradual

increase in awareness among some Indonesian officials that



JAKARTA 00002849 035.2 OF 055





the GOI should address the issue of debt bondage.



STEPS TO END OFFICIALS' INVOLVEMENT IN TRAFFICKING

-------------- --------------



The GOI did not provide details regarding actions taken

against civil officials suspected of involvement in

trafficking. From time to time, the GOI applied

administrative sanctions against officials involved in

passport or other document fraud. Criminal prosecutions for

such actions are not common. There were no GOI reports of

the security forces prosecuting or disciplining their own

members for involvement in prostitution or other activities

related to trafficking.



FOREIGN PEDOPHILES PROSECUTED, DEPORTED

--------------



The police actively investigated reports of foreign

pedophiles operating in Indonesia. In 2004, these efforts

led to the arrest, prosecution, and conviction of an

Australian pedophile in Bali in May 2004, and of a Dutch

pedophile in West Nusa Tenggara also in May 2004. In 2005, a

court in Bali sentenced a French pedophile to 30 months in

jail. Police in Bali arrested a suspected Dutch pedophile in

July 2005, but the case remains under investigation. In

February 2006, the GOI deported an Australian pedophile who

had escaped from a jail in western Australia.



During this reporting period, Indonesia authorities fully and

quickly cooperated with U.S. law enforcement officials for

the arrest, expulsion and successful return to the U.S. of

three American citizens wanted due to pedophile charges or

convictions in the United States.



RATIFICATION OF INTERNATIONAL INSTRUMENTS

--------------



Indonesia has signed and in most cases ratified international

instruments related to the worst forms of child labor and the

trafficking of women and children:



-- The GOI signed ILO Convention 182 concerning the

elimination of the worst forms of child labor and ratified

this with Law No. 1 of 2000 on March 8, 2000.



-- Indonesia ratified ILO Convention 29 on Forced Labor in

1950. The GOI ratified ILO Convention 105 on the Abolition

of Forced Labor in 1999.



-- Indonesia signed the Optional Protocol to the Convention

on the Rights of the Child on the Sale of Children, Child

Prostitution and Child Pornography, and ratified this in

September 2001.



-- Indonesia signed in December 2000 the UN Convention

Against Transnational Organized Crime and its Protocol to



JAKARTA 00002849 036.2 OF 055





Prevent, Suppress and Punish Trafficking in Persons. The GOI

has not yet ratified the Convention and Protocol.



-- On September 25, 2003, Indonesia signed the Convention for

the Suppression of the Traffic in Persons and the

Exploitation of the Prostitution of Others, 1950, and the

Convention's Final Protocol. Indonesia has not yet ratified

these instruments.



--------------

III. INVESTIGATION AND PROSECUTION

OF TRAFFICKERS

--------------



UPDATE

--------------



The DPR formally took up the comprehensive anti-trafficking

bill in late 2005, after a long period of inaction affecting

almost all other pending legislation. The DPR began hearings

in January 2006 and targeted passage in mid-2006. Law

enforcement actions against traffickers continued apace in

2005, with 110 arrests/investigations of individual

traffickers, some reported 37 prosecutions, and at least 16

convictions, per partial data available. Most cases

pertained to women and children trafficked into prostitution.

In contrast to previous years, a sizable number of arrests

were for acts of internal trafficking. Law enforcement

actions were highly concentrated in four provinces. Police

did not improve their data collection on TIP cases and the

Attorney General's Office paid very limited attention to

centralized information on trafficking. Raids on illegal or

abusive migrant worker holding centers freed hundreds of

women and resulted in arrests. The police formed special

units to investigate crimes against women and children,

including trafficking. Indonesian officials assisted with

the arrest and return of three American pedophiles. Clashes

between police and military highlighted the continued

involvement of individual security force members in

prostitution. Debt bondage in the migrant worker system

continued as a widely accepted practice.



EXISTING ANTI-TIP LAWS

--------------



Current Indonesian law criminalizes trafficking in persons,

though the country does not yet have comprehensive

anti-trafficking legislation. Existing laws have important

limitations, such as the lack of a clear legal definition of

trafficking. The Penal Code's Article 297 stipulates that

"trafficking of females (age not specified) and trafficking

in underage males" constitute a criminal offense and provides

for penalties. Law No. 30/1999 on Human Rights also asserts

children's rights to enjoy protection against trafficking.

The October 2002 Child Protection Act (Chapter 12) includes

specific and serious penalties for child trafficking and

related offenses. As pertains to trafficking, however, the



JAKARTA 00002849 037.2 OF 055





Act is general in nature and without a comprehensive

definition of the crime. While the GOI can and did prosecute

TIP cases under existing laws, including those for related

criminal violations (e.g., rape, illegal confinement, abuse

of women for immoral purposes, etc.),the lack of a

comprehensive law with adequate legal definitions constitutes

an impediment for law enforcement.



Police and prosecutors have increasingly turned to the Child

Protection Act, and its tougher sanctions, in cases of child

trafficking. This trend continued over the past year, with

at least 38 traffickers charged under the Act.



At times, police and prosecutors used other sections of the

Penal Code to jail traffickers, including provisions against

abductions (Article 332).



STATUS OF NEW LEGISLATION

--------------



The 2002-2007 National Action Plan on anti-trafficking notes

that the enactment of a comprehensive anti-trafficking law is

an important goal and called for passage of the law by 2004.

GOI began research for the law in 2002, completed an initial

draft in 2003, and submitted the bill to the House of

Representatives (DPR) following presidential signature in

July 2004. The bill criminalizes all forms of trafficking,

provides compensation for victims, and protection for

victims, witnesses and others involved in legal proceedings.

It also includes stiff penalties for perpetrators and

officials involved in trafficking (see below).



The outgoing DPR did not deliberate on the TIP bill before

leaving office in September 2004. During much of 2005,

political conditions and inexperience in the new

administration and DPR resulted in the DPR only passing

several minor laws from a backlog of over 200 bills.

Although the Yudhoyono administration and the DPR agreed to

prioritize passage of the anti-trafficking law during 2005,

the DPR did not take further action on the bill until the

last quarter of 2005, when the legislature adopted the draft

as its own "initiative" and formed a special committee to

handle the bill. In December 2005, President Yudhoyono and

the Women's Minister publicly called for the bill's quick

passage. The DPR committee began formal hearings in January

2006 and targeted passage of the bill in mid-2006.



In 2004, the DPR passed Law 39/2004 on the protection of

migrant workers abroad. The law provides greater regulation

of the migrant worker recruiting and lacement process. It

establishes jail sentencesof 2 to 15 years for unlicensed

labor recruitmen agencies. Over the past year, Jakarta

police ad Manpower Ministry officials began shutting down

some illegal and abusive recruiting agencies, and rresting

their operators using the migrant worke prottection law.



OTHER LAWS USED AGAINST TRAFFIK

ERS



JAKARTA 00002849 038.2 OF 055





--------------



A myriad of other laws exists in Indonesia that the GOI can

use to prosecute trafficking-related offenses. These include

laws against sexual exploitation, labor exploitation, child

labor, abduction, rape, unlawful detention, and immigration

offenses. At times, the GOI used these laws in conjunction

with anti-trafficking charges to prosecute traffickers.



ICMC/ACILS conducted a review of existing legislation and

concluded that, "although (existing laws) can and should be

used to act now against those who traffic in people, there

are many gaps in the existing legislation."



PENALTIES FOR TRAFFICKING

--------------



Under the Criminal Code, Article 297, those "trafficking in

females and trafficking in underage males are threatened by a

penalty of up to six years in jail." The Child Protection

Act, Article 83, provides for a jail sentence of 3 to 15

years, plus fines, for child traffickers. In addition, there

are separate sanctions for related crimes against children

such as: sexual exploitation (10 years maximum imprisonment

plus fine),involving a child in narcotics trade (5 years in

jail to life imprisonment, or death penalty, plus fine),and

exposure of children to trafficking situations (5 years

maximum imprisonment, plus fine).



The anti-trafficking bill, pending before the legislature,

provides for jail sentences ranging from 4 to 15 years for

trafficking acts. The bill provides for increased sentences

for trafficking under certain circumstances, for example:

trafficking by parents (increased sentence by one-third);

trafficking resulting in serious injury (5 to 20 years); and

trafficking resulting in death (life in prison).



PENALTIES FOR RAPE OR FORCIBLE SEXUAL ASSAULT

--------------



The Criminal Code, Article 285, stipulates a maximum of 12

years imprisonment for rape committed outside of marriage.

Other generally less severe criminal sanctions apply for

sexual intercourse with a minor, forcing a person to commit

an act of sexual abuse of a minor, facilitating minors to

perform acts of obscenity, and other related offenses. The

12-year maximum jail sentence for rape exceeds the 6-year

maximum for trafficking under the Criminal Code, but is

similar to the 15-year maximum penalty for trafficking of

children under the Child Protection Act.



PROSTITUTION NOT LEGAL, BUT WIDESPREAD

--------------



As a matter of national law, Indonesia has not legalized

prostitution. Indonesia's Penal Code does not explicitly

mention prostitution, but the Code's Chapter 14 refers to



JAKARTA 00002849 039.2 OF 055





"crimes against decency/morality," which many within national

and local governments interpret to apply to prostitution.

Central government officials contacted by the Embassy agreed

in their interpretation that the Penal Code renders

prostitution illegal. The prostitution of children is

clearly illegal under the Penal Code and the 2002 Child

Protection Act.



The Penal Code can be used to prosecute the acts of pimps,

brothel owners and enforcers on the basis of various crimes,

including: using violence or threats of violence to force

persons to conduct indecent acts (Article 289, with a maximum

penalty of nine years in jail); facilitating indecent acts

(Article 296, with a possible jail term of 16 months);

conducing/facilitating public indecency (Article 281); and

making profits from the indecent acts of a woman (Article

506, with a possible one-year jail sentence). In practice,

authorities rarely pursued such charges against those

involved in prostitution.



Clients of child prostitutes can be charged under the Penal

Code and the Child Protection Act. In theory, married

persons who are clients of prostitutes can be charged for

engaging in sexual relations outside of marriage (Penal Code

Article 284). In general, police did not arrest and pursue

charges against clients of prostitutes.



While contrary to societal and religious norms in Indonesia,

the practice of prostitution is widespread and largely

tolerated in many areas of the country, particularly when it

is not a matter of public display. Although contrary to

national interpretations that the Penal Code prohibits

prostitution, authorities in some localities have formally or

informally regulated prostitution in response to community

pressure. Drawing on precedents from the Dutch colonial era,

beginning in 1960, some cities and other areas, including

eventually Jakarta, Surabaya, and Batam, adopted a policy of

"localization" (concentration in a particular locale) for

prostitution. Often supported by elements of civil society,

"localization" was justified as an attempt to isolate vice

and thereby preserve the morals of the wider community, as

well as an effort to better monitor the activity and provide

health and rehabilitation services. In recent years, some

local governments (Jakarta among them) closed down the

"localization" areas because of protests from religious

groups, a trend that continues.



In November 2005, the city of Tanggerang, near Jakarta,

passed a public morality ordinance which, in part, forbids

persuading or coercing others into acts of prostitution, as

well as against acts of physical intimacy in public, such as

kissing. Other local governments are considering ordinances

against prostitution in the context of broader, and possibly

intrusive, regulations of public morality.



According to a media report, in February 2006 the social

services agency in Batam announced a plan to issue



JAKARTA 00002849 040.2 OF 055





identification cards to prostitutes, with the stated

objective of preventing children from being engaged in

prostitution. The plan met with opposition from local

legislators and religious leaders, who objected to the

measure believing it to constitute legalization of

prostitution.



In some areas, including certain locations in Papua, brothel

owners registered prostitutes with the police with a view to

demonstrating that the prostitutes are not coerced or

underage.



Some local governments gained important tax revenues from

otherwise legal entertainment businesses, such as karaoke

bars, that also offer prostitution. Individual police and

other officials also gained illegal income as a result of

prostitution. These factors encouraged the tendency to

tolerate prostitution, according to observers.



ARREST AND PROSECUTION OF TRAFFICKERS

--------------



The GOI investigated, arrested, indicted, convicted and

sentenced traffickers, with partial data indicating that

anti-trafficking law enforcement efforts in 2005 continued at

a pace similar to 2004.



According to data provided by the national police, local

police offices, other GOI offices and press accounts, police

investigated/arrested 110 suspected traffickers in calendar

year 2005. An additional 15 arrests occurred in

January-February 2006. Almost all of the arrests related to

trafficking of women and girls for prostitution, with the

exception of baby-trafficking (see below). Police

investigated and arrested traffickers sending victims to

internal destinations (62 cases) and foreign countries

(Malaysia 21 cases; Japan 3; Middle East 3; Singapore 2).

The sizable number of arrests for acts of trafficking within

Indonesia represented a positive change from previous years,

in which most arrests related to international trafficking.





Approximately one-quarter of the arrests related to cases of

"baby-selling," commonly using article 83 from the Child

Protection Act prohibiting "the trafficking, selling or

kidnapping of children for oneself or in order to sell to

another..." Some of these cases may refer to practices of

illegal adoption, rather than an inherently harmful, black

market trade in babies.



Prosecutors took 37 traffickers to court in 2005, according

to information from the Attorney General's Office (AGO)

provided to the People's Welfare Coordinating Ministry in

late February 2006. The AGO had not provided details of the

cases to the Embassy by the time of this report. Details of

25 completed or on-going prosecutions were available to the

Embassy from other GOI and non-governmental sources, showing



JAKARTA 00002849 041.2 OF 055





16 convictions of traffickers and no acquittals. The average

sentence in these cases was 30 months in prison. The average

sentence length for persons convicted under the Child

Protection Act was higher than for those convicted only under

the Penal Code. The longest sentence handed down by a court

in 2005 in a trafficking case was nine years, representing a

conviction under both the Penal Code and Child Protection Act.



In the 57 cases for which relevant information was available,

police and prosecutors used the Child Protection Act against

traffickers in 38 cases; the Penal Code in 33 cases; the

Migrant Worker Protection Act in 13 cases; and a local

ordinance in 2 cases. Police and prosecutors often filed

charges under multiple laws. Almost all cases involving

child or baby trafficking utilized the Child Protection Act.



As in previous years, the available law enforcement data

showed distinct geographic patterns. In 2005, 18 out of 33

provinces recorded anti-trafficking law enforcement cases,

with law enforcement actions highly concentrated in four

provinces. North Sumatra recorded the greatest number of

arrests and prosecutions (27),followed by West Java (24),

Jakarta (18),and Riau Islands (15). The remaining 14

provinces recorded 7 or fewer cases each. In some areas of

the country known for trafficking problems, there were few or

no reports of law enforcement actions.



The law enforcement data available to the Embassy represents

incomplete and imperfect information. Despite standing

instructions from National Police Headquarters, not all

police districts reported anti-trafficking statistics and

some district reports were incomplete. The national police

data collection effort for anti-trafficking statistics

remained inadequate and did not demonstrate improvement over

the previous year. This also reflects a general weakness in

law enforcement data collection, which applies not only to

the issue of trafficking in persons. In addition, police

data would not necessarily capture some cases that did not

involve trafficking charges, such as cases in which

traffickers are charged with rape or abduction instead of

trafficking.



Relative to the police, the AGO had even more difficulty in

providing anti-trafficking data. AGO attention to data

collection on TIP appeared very limited. Central government

officials often relied upon contacts with province and

district level courts and prosecutors to gather data on legal

proceedings against traffickers.



The GOI's difficulties in collecting data are not unique to

TIP, but are endemic to the Indonesian Government and have

been particularly acute following decentralization. Local

authorities are no longer compelled to provide data to

central authorities in many instances.



Police and other GOI officials stated that almost all of the

convicted traffickers served their sentences in jail, but no



JAKARTA 00002849 042.2 OF 055





details were availablQ



Continuing law enforcement actions that began in December

2004 and January 2005, police and Manpower Ministry officials

conducted raids on 12 illegal migrant worker holding centers

in Jakarta from February to October 2005, arresting 10

persons and freeing 565 women. The police used the 2004

migrant worker protection law as the basis for the arrests.

According to GOI officials, the raids targeted unlicensed

holding centers some of which forcibly held prospective

female workers (adults and some children) under inhumane

conditions. However, they did not reflect a change in the

GOI's tacit acceptance of debt bondage, which, while not

recognized in law, is largely institutionalized in

Indonesia's migrant worker system.



THOSE BEHIND TRAFFICKING

--------------



Many traffickers arrested during this period appeared to be

lower level operators and/or members of small crime groups.

In a few cases, like that of the Jakarta-based traffickers

who sent women to Japan as "cultural entertainers," police

appeared to arrest more senior members of trafficking

syndicates. Most observers suspected the involvement of

larger crime syndicates and international criminal rings,

particularly for some overseas trafficking of prostitutes.

Large organized crime gangs commonly operated brothels in

major prostitution zones, normally with the involvement of

individual security force members. Traffickers also took on

the form of migrant worker recruiting agencies, both licensed

and unlicensed. Marriage brokers were involved in

trafficking using false marriages.



Some government officials and individual members of the

security forces indirectly or directly assist traffickers,

and in some cases themselves fit the definition of

traffickers.



No information was available on the channeling of profits

from trafficking in persons.



POLICE APPROACH TO INVESTIGATIONS

--------------



As noted above, police continued actions to investigate

traffickers, break up trafficking rings, arrest traffickers

and free victims during this period. Police trained under

the DOJ/ICITAP program carried out qualitatively improved

investigations of trafficking during 2005, according to U.S.

Mission observations. In most incidents, however, police

were largely reactive in their investigations, taking actions

in response to complaints by family members, escaped

trafficking victims, civil society groups, NGOs, the press

and other government officials. Police more readily took

action in the case of children trapped in prostitution,

rather than adults forced into, or trapped in, the sex



JAKARTA 00002849 043.2 OF 055





industry.



Beginning as early as 2001, the police established women's

help desks (RPK) to protect women and child victims of

violence, including trafficking, and also to aid in

investigations of these crimes. The police have steadily

expanded the number of RPK, totaling 237 such desks in 2006.

Recently, certain police districts, including Jakarta and

North Sumatra, formed specialized investigative units focused

on crimes against women and children, with the units referred

to by the abbreviation RENATA. In 2006 the RENATA unit in

Medan, North Sumatra, consisted of 18 full-time female police

investigators, led by a senior female police official, and

focused most of its work on cases of domestic violence and

trafficking in persons. As noted above, in 2005 North

Sumatra carried out more anti-trafficking law enforcement

actions than any other province, per available data.

Jakarta's RENATA unit achieved some high-profile success in

2005 with the arrests of two traffickers sending young women

into prostitution in Japan.





GOI officials and NGOs often criticized police officers as

too passive in combating trafficking absent specific

complaints. Although police were often aware of underage

prostitutes or other trafficking situations, they frequently

did not intervene to protect victims or arrest probable

traffickers without specific reports from third parties.

Police in some areas facilitated and accepted at face value

efforts by pimps to obtain written statements by prostitutes,

which "verified" that the prostitutes were of adult age and

had consented to their roles. Police in some areas generally

accepted trafficking or trafficking-like situations, whether

out of lack of awareness of trafficking as a crime, their

direct or indirect involvement in trafficking, their

individual financial interest in prostitution, lack of police

resources for operations, or competing law enforcement

priorities.



To aid in trafficking investigations, cases involving

Indonesian migrant workers, and other crimes, beginning in

2003 the police posted liaison officers in Indonesian

embassies in Saudi Arabia, Malaysia, Australia and Thailand.

These police liaison officers contributed to growing law

enforcement cooperation particularly with Malaysia. The

Indonesian police liaisons in Australia and Saudi Arabia have

also helped to investigate trafficking in the past.



INVESTIGATIVE TECHNIQUES

--------------



In some instances, the police, particularly those who had

received anti-trafficking training, used active investigation

techniques to develop trafficking cases. The police used

undercover operations to some extent. In the past, police

occasionally employed electronic surveillance using technical

expertise developed for counter-terrorism. Information



JAKARTA 00002849 044 OF 055





collected through electronic surveillance is not admissible

in Indonesian courts except in cases of terrorism. The

cooperation of victims and witnesses was important to police

and prosecutors in making cases against traffickers.

According to a number of the police, GOI officials and NGOs,

victims frequently avoided testifying because of the

prolonged nature of court cases, their desire to return to

their home areas and lack of financial assistance to maintain

themselves. This complicated prosecution efforts. In some

cases, police did not detain suspects, who then subsequently

disappeared and did not present themselves in court.



SPECIALIZED TRAINING

--------------



Beginning in 2003, the GOI and POLRI using their own budgets

began to provide some training to officials and law

enforcement officers on TIP and related subjects at the

national and local levels, a positive change from previous

years. NGOs at times served as resource persons for such

training. POLRI has welcomed anti-trafficking training

assistance from the U.S. via the Department of

Justice/ICITAP, which will continue in 2006 after a break in

funding in 2005. The International Organization for

Migration (IOM) continued to provide some anti-trafficking

training to the police over the past year.



The Manpower Ministry trained labor inspectors and officials

responsible for migrant workers in the subjects of the worst

forms of child labor and trafficking.



COOPERATION WITH OTHER GOVERNMENTS

--------------



The GOI cooperated with other governments, particularly

Malaysia, in the investigation and prosecution of trafficking

cases during this reporting period. Indonesian and Malaysian

law enforcement officers worked together to stop criminal

operations trafficking women and girls into prostitution in

Malaysia, and trafficking of babies to Malaysia. Indonesian

and Singaporean police also cooperated in the investigation

of a ring sending Indonesian prostitutes to Singapore. It

was unclear whether the prostitutes were trafficked.



In the past, Indonesia and Australia cooperated in the

investigations of Australian pedophiles victimizing children

in Bali, and syndicates trafficking women to Australia.



Indonesian police and other officials cooperated actively

with U.S. law enforcement to arrest and expel wanted American

citizen pedophiles (see below).



EXTRADITION

--------------



Indonesia maintains extradition treaties with only five

countries or territories, but very seldom utilizes this



JAKARTA 00002849 045 OF 055





mechanism to seek extradition of its citizens, preferring

less formal options such as rendering and deportation.

Indonesia does not have a history of extraditing or rendering

its own citizens to other countries.



Indonesia did not extradite any traffickers during this

reporting period and there were no reports of such requests

from other countries.



Indonesian police and officials have cooperated with foreign

governments, including the U.S. and Australia, in the

apprehension and repatriation of foreign sex offenders.



GOVERNMENT INVOLVEMENT IN OR TOLERANCE OF TRAFFICKING

-------------- --------------



Some government officials and individual members of the

security forces facilitated, tolerated, or were involved in

TIP on a variety of levels. The GOI in past reports

acknowledged this fact, which has been widely reported by

groups working on trafficking. The most common example of

such complicity was in the production of national identity

cards. In local communities, low-level officials certified

false information to produce national identity cards and

family data cards for children to allow them to work as

adults. They commonly did so in order to collect bribes and

also to assist poor families in gaining additional wage

earners. In most cases, these officials facilitated such

cards without knowing the children will be trafficked. In a

much smaller number of cases, the local officials presumably

were aware that they are facilitating trafficking. Based on

the identity cards, traffickers processed passports and work

visas for children who otherwise would not be able to obtain

such documents. With less than 30 percent of all births

registered in the country, and such registrations also

subject to falsification, authorities often had little legal

basis to challenge documents containing false information.



Some officials in local Manpower offices (Disnaker)

reportedly licensed and tolerated migrant worker recruiting

agencies despite the officials' knowledge of the agencies'

involvement in trafficking. In return for bribes, some

Immigration officials turned a blind eye to potential

trafficking victims, failing to screen or act with due

diligence in processing passports and immigration control.



Local governments' informal or formal regulation of and

alleged profiteering from established prostitution zones in

larger cities also raised concerns about local officials'

involvement and tolerance of trafficking.



Individual members of the police and military were associated

with brothels and prostitution fronts, most frequently

through the collection of protection money, which was a

widespread practice. Sometimes off-duty security force

members worked as security personnel at brothels. Security

force members also involved themselves in prostitution as



JAKARTA 00002849 046.3 OF 055





brothel owners or through other illicit business interests,

according to NGOs and other reports. As one prominent

example, NGOs continued to report the involvement of

Indonesian navy personnel and police in the Dolly

prostitution complex in Surabaya, one of Southeast Asia's

largest brothel areas. A 2005 NGO examination of trafficking

in Papua also found indications of police and military

personnel involved in trafficking.



NGOs described the involvement in TIP of individual police

and military members primarily as one of extorting protection

money from brothel owners and pimps, and of not taking

proactive steps to free underage or other trafficked

prostitutes. In past years, there have been reports of

police officers assisting pimps to return runaway prostitutes

to brothels. The NGOs did not report any examples of

security force members actively recruiting or forcing

children into prostitution.



Police, public order officials and military members sometimes

clashed as a result of raids on prostitution areas, publicly

highlighting the link between security force members and the

sex trade. Examples of such clashes occurred in Padang, West

Sumatra, in 2005 and in Sukabumi, West Java, in February

2006.



In some cases, the police tolerance of trafficking,

profiteering from the sex trade, and/or lack of understanding

of the law limited or delayed their actions in response to

complaints. On occasions in the past, national police

headquarters intervened with local police units to generate

actions, after the local units failed to respond to direct

complaints.



Police and officials often did not recognize the relationship

of debt bondage and trafficking of women and girls for

prostitution.



DEBT BONDAGE INSTITUTIONALIZED

--------------



The recruiting process for Indonesians working as unskilled

or semi-skilled labor abroad tends to institutionalize debt

bondage, which technically is illegal under Indonesian law.

Migrant worker recruiting agencies commonly hold prospective

workers in debt bondage. The indebtedness stems from

processing fees charged to the workers by the agencies and

costs incurred by the agencies prior to the departure of

workers for jobs overseas. Prospective migrant workers can

remain in holding centers for months at a time, awaiting

placement and departure. In some cases, such situations

degenerate into jail-like conditions, with poor food and

sanitation, and with workers unable to leave locked

warehouses where they are housed. There often appeared to be

widespread societal acceptance and tolerance by GOI officials

and law enforcement of such migrant worker conditions.

Situations of debt bondage commonly continued with overseas



JAKARTA 00002849 047 OF 055





employers.



The Manpower Ministry and the Jakarta police launched raids

on unlicensed migrant worker agencies, some of which kept

women and girls under inhumane conditions (see above).

U.S.-funded NGOs, the ILO and others examined the basis for

legal challenges to debt bondage and alternative means of

organizing migrant worker recruitment. There was a gradual

increase in awareness among some Indonesian officials that

the GOI should address the issue of debt bondage.



STEPS TO END OFFICIALS' INVOLVEMENT IN TRAFFICKING

-------------- --------------



The GOI did not provide details regarding actions taken

against civil officials suspected of involvement in

trafficking. From time to time, the GOI applied

administrative sanctions against officials involved in

passport or other document fraud. Criminal prosecutions for

such actions are not common. There were no GOI reports of

the security forces prosecuting or disciplining their own

members for involvement in prostitution or other activities

related to trafficking.



FOREIGN PEDOPHILES PROSECUTED, DEPORTED

--------------



The police actively investigated reports of foreign

pedophiles operating in Indonesia. In 2004, these efforts

led to the arrest, prosecution, and conviction of an

Australian pedophile in Bali in May 2004, and of a Dutch

pedophile in West Nusa Tenggara also in May 2004. In 2005, a

court in Bali sentenced a French pedophile to 30 months in

jail. Police in Bali arrested a suspected Dutch pedophile in

July 2005, but the case remains under investigation. In

February 2006, the GOI deported an Australian pedophile who

had escaped from a jail in western Australia.



During this reporting period, Indonesia authorities fully and

quickly cooperated with U.S. law enforcement officials for

the arrest, expulsion and successful return to the U.S. of

three American citizens wanted due to pedophile charges or

convictions in the United States.



RATIFICATION OF INTERNATIONAL INSTRUMENTS

--------------



Indonesia has signed and in most cases ratified international

instruments related to the worst forms of child labor and the

trafficking of women and children:



-- The GOI signed ILO Convention 182 concerning the

elimination of the worst forms of child labor and ratified

this with Law No. 1 of 2000 on March 8, 2000.



-- Indonesia ratified ILO Convention 29 on Forced Labor in

1950. The GOI ratified ILO Convention 105 on the Abolition



JAKARTA 00002849 048 OF 055





of Forced Labor in 1999.



-- Indonesia signed the Optional Protocol to the Convention

on the Rights of the Child on the Sale of Children, Child

Prostitution and Child Pornography, and ratified this in

September 2001.



-- Indonesia signed in December 2000 the UN Convention

Against Transnational Organized Crime and its Protocol to

Prevent, Suppress and Punish Trafficking in Persons. The GOI

has not yet ratified the Convention and Protocol.



-- On September 25, 2003, Indonesia signed the Convention for

the Suppression of the Traffic in Persons and the

Exploitation of the Prostitution of Others, 1950, and the

Convention's Final Protocol. Indonesia has not yet ratified

these instruments.



--------------

IV. PROTECTION AND ASSISTANCE TO VICTIMS

--------------



UPDATE

--------------



National and local level assistance efforts continued or

increased over the past year, although they remained small in

comparison with the scope of the problem. The police added

11 new women's help desks in police departments to reach a

total of 237 nationwide. The GOI and police increased from

11 to 18 the number of operational "integrated service

centers," providing health services to TIP and other victims

of violence. With U.S. assistance, the police upgraded two

such centers to become full medical recovery centers

specifically for trafficking victims, and began work on a

third medical center. These two trafficking victim recovery

centers treated hundreds of patients since opening in 2005.

Authorities continued to round-up and deport a small number

of foreign prostitutes without screening them for possible

trafficking victims. Various GOI offices and diplomatic

missions received limited training on TIP victim recognition

and assistance.



GOVERNMENT ASSISTANCE TO VICTIMS

--------------



The GOI at various levels and to varying degrees assisted its

citizens who fell victim to trafficking. National and local

level assistance efforts continued or increased, but remained

small in comparison with the scope of the problem. In

general, the GOI provided modest but more structured

assistance to Indonesians trafficked abroad. In contrast,

government assistance specifically for internal trafficking

victims remained minimal. Local government assistance

usually appeared ad hoc and often focused on cases with a

public profile.





JAKARTA 00002849 049 OF 055





The police further increased the number of its women's help

desks (RPK),units established to assist women and children

who fall victim to violence including trafficking, and to

help related investigations. The total number of such units

at the province and district levels has gradually increased

from 163 in 2003 and 226 in 2005 to a total of 237 women's

help desks in 2006. The women's desks provided temporary

shelter, special police handling, and some level of legal

services for victims. The women's desks often cooperated

with local NGOs, which arranged for medical and psychological

services, and longer term shelter. Distrust of the police

discouraged some victims from using these desks.



Local governments worked together with NGOs and civil society

groups to establish and operate shelters for TIP victims, in

key transit points like Dumai, Riau Province, and Batam, Riau

Islands Province, and in Entikong on the West Kalimantan

border with Malaysia. Local governments also used social

services offices and police women's desks as temporary

shelters. Women's bureaus in provinces like East Java, North

Sumatra, and Riau Islands budgeted modest funding for

victims' services.



The Foreign Ministry operated shelters for trafficking

victims and migrant workers at its embassies and consulates

in a number of countries, including Malaysia, Saudi Arabia,

Kuwait, and Singapore. Over the course of 2005, these

diplomatic establishments sheltered thousands of Indonesian

citizens, including trafficking victims. Indonesian

diplomatic missions, in coordination with other GOI agencies,

assisted with repatriation of trafficking victims.



The Manpower Ministry has an Overseas Worker Protection

Directorate. The GOI upgraded this office over the period

2001-2003 and dramatically increased its budget. The

Directorate regulates migrant worker recruiting agencies,

provides limited training to migrant workers, and assists and

repatriates overseas workers fleeing abusive situations. The

Directorate, often in conjunction with the Social Affairs

Ministry, repatriated female migrant workers during 2004 and

2005. Some of the repatriated female migrant workers fit the

definition of trafficking victims.



The Social Affairs Ministry founded a Sub-Directorate of

Social Assistance for Victims of Violence and Migrant Workers

in 2001. In 2002, the Ministry upgraded this office to

become a Directorate, with greater authority and budget,

responding in part to the demand for action against TIP. In

terms of trafficking, the Directorate primarily assisted

victims returning from overseas since domestic cases normally

fall under the responsibility of local governments. In 2004

and 2005, the Ministry provided some repatriation assistance

to tens of thousands of migrant workers, the vast majority of

whom returned from Malaysia. This included transportation,

basic medical care, and food for some of these returnees.

The Directorate provided some training to provincial Social

Affairs offices. The Ministry also operated women's



JAKARTA 00002849 050.3 OF 055





rehabilitation centers and assists with crisis centers,

including the Children's Crisis Center established in Jakarta

in 2002.



The provincial government in East Java established a women's

crisis center in 2003 that serviced trafficking victims and

other women who suffered violence.



Police and public hospitals provided medical care to

trafficking victims, in accordance with a GOI directive (see

below).



In 2004 the Women's Ministry, with input from international

and local NGOs, finalized standard operating procedures

(SOPs) to be used when assisting trafficking victims to

ensure their protection. This was in accordance with the

anti-trafficking National Action Plan's goal of having the

SOPs in place by 2004. The Ministry began to train officials

in the SOPs during 2005.



VICTIM HEALTH CARE FACILITIES

--------------



The Social Affairs Ministry, the Women's Ministry, the Health

Ministry and POLRI signed a coordination agreement in October

2002 to provide "integrated service centers" (PPTs) for women

and children who are victims of violence. As part of this

MOU, the GOI assigned police hospitals, like the Kramat Jati

police hospital in Jakarta and the Bhayangkara hospital in

Surabaya, to be the medical treatment points for migrant

workers who return from abroad with serious medical or

psychological problems. In other locations, public hospitals

operate the service centers, in coordination with the

ministries and the police. In 2006 there were 18 operational

PPTs, an increase from 11 in 2005.



After 2002, the Jakarta police hospital, as a PPT, began

treating hundreds of trafficking victims annually.

With the assistance of a U.S.-funded IOM project, Indonesia

police upgraded the Jakarta police hospital facility to

become a full medical recovery center for victims of

trafficking, the first in Indonesia. The center provides

comprehensive medical care, including psychological

treatment, to TIP victims, most of whom have returned from

abroad. The medical center, which officially opened in its

new form in June 2005, has capacity for 30 in-patients.

During the last seven months of 2005, the hospital treated

330 in-patients and 112 out-patients.



The IOM project assisted with the opening of a second medical

recovery center in the Surabaya police hospital in September

2005. This center has a capacity of 8 in-patients and

treated 15 patients during the final months of 2005. A small

medical recovery unit in the police hospital in Makassar,

South Sulawesi, started informally in January 2006, also with

IOM assistance.





JAKARTA 00002849 051 OF 055





Some government medical facilities and NGO clinics conducted

HIV/AIDS screening, but this did not appear to be widespread

or systematic.



GOI SUPPORT FOR NGO SERVICES TO VICTIMS

--------------



The GOI provided some funding to domestic NGOs and civil

society groups that supported services for TIP victims,

usually as part of a larger program rather than one focused

exclusively on trafficking. At the national level, for

example, the People's Welfare Coordinating Ministry and the

Social Affairs Ministry provided food assistance to social

centers and safe houses nationwide. Local governments in

North Sulawesi, North Sumatra, West Kalimantan, Riau Islands,

and East Java funded NGOs to provide services to some

victims, including shelters, medical exams and training.



SCREENING AND REFERRAL OF VICTIMS

--------------



In Jakarta, a screening system is in place at the

international airport to refer cases of abused migrant

workers and trafficking victims to the city's police hospital

(see above). NGOs active in migrant worker advocacy also

identify and refer returned migrant workers who need medical

attention. An NGO screening process was also in practice in

Surabaya.



Women's help desks at provincial and district level police

offices typically have formal or informal arrangements in

place with local NGO's to provide short-term shelter and a

modicum of care for trafficking victims. In general,

long-term care does not appear to be available. A current

U.S.-funded project, implemented by IOM, has begun to develop

models of better and longer-term care for trafficking victims.



RESPECT FOR THE RIGHTS OF VICTIMS

--------------



The GOI's written policy, found in its annual trafficking

report, is that, "from a legal perspective, the Government

treats persons who are trafficked not as criminals, but as

victims who need help and protection." The People's Welfare

Coordinating Ministry, the Women's Ministry, and training

conducted by international NGOs and DOJ/ICITAP, reinforced

this policy during the year in public settings and trainings

of police and other officials. Police who received ICITAP

training demonstrated greater awareness of and respect for

TIP victims.



Local government and police practice varied, particularly in

the lower ranks of law enforcement agencies. Local

governments, exercising greater authority under the nation's

decentralization program, sometimes enacted regulations that

tend to treat trafficked prostitutes as criminals, contrary

to national policy. In many instances, GOI officials and



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police actively protected and assisted victims. In other

cases, police officers treated victims, particularly

trafficked prostitutes, as criminals, subjected them to

detention, and took advantage of their vulnerability to

demand bribes and sexual services. The media and lower level

officials, including police, frequently failed to protect

victims' identities and commonly provided victims' names to

the public.



The GOI's policy is not to detain or imprison trafficking

victims. Police implementation of this policy varies in

practice. Not all local government laws comply with this

policy. Local police often arrested prostitutes, presumably

including trafficking victims, who operated outside

recognized prostitution zones on charges of violating public

order. Police raids on prostitute areas commonly resulted in

the arrest of prostitutes, rather than users or pimps. On

occasion, the police detained victims, sometimes to gain

their testimony or in the belief they were protecting the

victims from traffickers. In other cases, police detained

victims in order to extract bribes.



While there appeared to be a growing understanding of the

need to protect Indonesian victims of trafficking, this was

not the case for foreign prostitutes. In Jakarta, police and

immigration officials in August 2005 rounded up and deported

foreign prostitutes from China, Russia and Uzbekistan without

screening them as possible trafficking victims or protecting

their identities from intrusive media coverage.



ENCOURAGING VICTIMS TO ASSIST INVESTIGATIONS/PROSECUTIONS

-------------- --------------



The GOI encourages victims to assist in the investigation and

prosecution of traffickers. The GOI reported that victims

frequently were reluctant or refused to provide testimony out

of shame and fear of retribution against themselves and their

families. There are no specific legal mechanisms for victims

to seek compensation from traffickers, though this may be

addressed in the anti-trafficking bill currently pending

before the DPR. A bill on witness protection also remains

pending before the legislature (see below).



In previous periods, there have been reports of police

officers who refused to receive complaints from trafficking

victims, but insisted instead that victims and traffickers

reach an informal settlement (for example, payment of debts

in return for a prostitute's release from a brothel).



PROTECTIONS FOR VICTIMS AND WITNESSES

--------------



The functions of the women's help desks at provincial and

district level police stations include protection of women

and children during the police investigation process of

crimes such as trafficking. Some of the desks functioned

reasonably well, while others did not function adequately.



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There were no specific reports of the GOI providing special

protection to witnesses during court cases on trafficking.



The Law and Human Rights Ministry and the Women's Ministry

drafted a Witness and Victim Protection bill, originally

targeted for passage by 2004 in the anti-trafficking National

Action Plan. Like most other legislation, the bill did not

advance in 2005. The Government and the DPR are currently

discussing the bill.



TRAINING FOR OFFICIALS TO RECOGNIZE/ASSIST VICTIMS

-------------- --------------



The National Action Plan calls for training of government

officials in recognizing trafficking and assisting victims,

to be carried out in the 2003-2007 timeframe. The GOI

conducted such training on an ad hoc basis through various

seminars, workshops and government meetings. POLRI and the

Manpower Ministry both conducted anti-trafficking training,

including victim recognition, over the past year.



NGOs and international organizations have assisted in the

training of Indonesian officials. IOM and ICMC have worked

with Indonesian diplomatic offices in Malaysia to improve

their screening procedures for potential trafficking victims.

The Foreign Ministry discontinued the ICMC activity due to

perceived political sensitivities in Malaysia.



The relationship between Indonesian diplomatic missions and

NGOs abroad that serve trafficking victims appears to vary

greatly. A 2005 survey of Indonesian diplomatic offices in

Malaysia revealed some working frequently with NGOs and

others not. The availability of such NGOs was a factor.



ASSISTANCE TO REPATRIATED NATIONALS

--------------



The GOI, both at the national and locals levels, provides

some measure of assistance, including limited medical aid,

shelter, and financial help, to its repatriated nationals who

were trafficking victims. In general, the government at

various levels provided more attention and assistance to

repatriated victims compared with victims of internal

trafficking.



NGO'S WORKING WITH TRAFFICKING VICTIMS

--------------



ICMC/ACILS, in their 2003 book, identified 45 local NGO

offices around the country that provide services to

trafficking victims, most in the context of other social

programs. Some of the more prominent NGOs are Solidaritas

Perempuan (Jakarta),LBH-Apik (Jakarta and West Kalimantan),

Yayasan Mitra Kesehatan dan Kemanusiaan or YMKK (Batam),

Rifka Anisa (Yogyakarta) and LADA (Lampung). Some labor

unions also provided services to trafficking victims. The

activities of these groups related to TIP include: legal



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assistance, prevention and education programs, medical

services, clinics for children, research and advocacy,

counseling, reproductive health, HIV/AIDS prevention, and

shelters. More NGOs have emerged over the past several

years, including Migrant Care, currently a leading advocacy

body for migrant worker rights and anti-trafficking, and Anak

Bangsa, a pioneering NGO assisting victims along the

Indonesia-Malaysia border area of West Kalimantan.



The GOI's 2004-2005 trafficking report listed service

providers for trafficking victims, including women's crisis

centers, trauma centers, shelters and drop-in centers set up

by local governments, NGOs, and community organizations in 14

provinces. The report also documented dozens of legal aid

organizations and their branches across Indonesia that have a

mandate to provide legal assistance to victims of trafficking

and other violence.



GOI continued strong cooperation with NGOs over the past year

in the area of assistance to trafficking victims. In some

cases government offices relied heavily on NGO inputs and

advice. GOI offices provided licenses to organizations and

access to trafficking victims, included NGOs on national and

local action committees, and interceded with law enforcement

agencies in some cases to permit NGOs to carry out their

activities. NGOs frequently interacted with the police,

though mutual suspicions limited the interaction in some

areas.



--------------

V. HEROES

--------------



Kyai Husein Muhammad: As a founder and leader of the Fahmina

Institute and the head of a large Islamic boarding school

(pesantren),Kyai Husein Muhammad ("Kyai" is a title

referring to a respected local religious leader/scholar) has

helped to raise awareness of trafficking in persons among

women and children in rural communities in West Java. Kyai

Husein has carried out an anti-trafficking media campaign,

which in 2005 included distribution of 22,000 leaflets each

week in mosques after Friday prayers, along with outreach to

village health clinics and schools. Kyai Husein researched

and produced written works concerning the application of

Islamic Law and trafficking, an unprecedented initiative to

use Islamic arguments and traditions to combat this crime.

His scholarship highlighted the Islamic perspective on

victims' rights, the rights of women and children, and the

immorality of human trafficking, while emphasizing that

victims should not be criminalized and that communities have

a responsibility to combat trafficking. Kyai Husein's

efforts were instrumental in raising awareness of the risk of

trafficking in post-tsunami Aceh and enlisting Muslim schools

there in the ultimately successful prevention of TIP in

tsunami-affected areas.



SIPDIS



Kyai Husein is an advisor to the Indonesian Government on



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violence against women and he contributed to the drafting of

the law against domestic violence, passed in 2004. He has

published a number of works on Islam and gender issues. The

Asia Foundation (TAF) has supported Kyai Husein and the

Fahmina Institute's efforts to stop trafficking in persons.



Almost 90 percent of Indonesians adhere to Islam and

Indonesia is home to the world's largest Muslim population.

Local Islamic leaders play a significant role in their

communities and have the potential, like Kyai Husein, to make

an important contribution to anti-trafficking.



--------------

VI. BEST PRACTICES

--------------



The Indonesian Scout Movement: In 2004, the Scout Movement,

which incorporates nearly all public school students across

the country, began an anti-trafficking campaign in Indramayu,

West Java, a sending area for many young women and girls who

fall victim to trafficking. In its current phase, the Scouts

have targeted the provision of anti-trafficking education to

25,000 students in 116 schools in the Indramayu area by

August 2006. To do so, the Scouts have trained 285

school-level facilitators who utilize an innovative training

and campaign kit containing a four-part video documentary,

comic books and other anti-trafficking materials. The Scouts

donate the campaign kits to the schools at the end of the

training program. The national Scout movement is considering

the expansion of the program to other districts and the

institution of an anti-trafficking merit badge to encourage

more Scouts to learn about and promote anti-trafficking

efforts.



The American Center for International Labor Solidarity (the

Solidarity Center) and the International Catholic Migration

Commission (ICMC),along with UNICEF, have supported the

Scout's involvement in anti-trafficking. This effort is part

of a larger strategy initiated by the Indonesian Government,

the Solidarity Center and ICMC to mobilize existing

mass-membership institutions and their significant networks

to combat trafficking.

PASCOE