MALAYSIA ANNOUNCES NEW ANTI-TIP MEASURES DURING

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 001661

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PHUM PREL PGOV KWMN PREF SMIG MY
SUBJECT: MALAYSIA ANNOUNCES NEW ANTI-TIP MEASURES DURING
VISIT BY A/S SAUERBREY



1. (SBU) Summary: Assistant Secretary for Population,
Refugees and Migration Ellen Sauerbrey used her August 24-26
mission in Kuala Lumpur to press Malaysia to take action on
trafficking in persons (TIP) and she received new information
concerning the GOM's current approach. A senior Internal
Security Ministry official explained that the GOM recently
established an interagency coordinating committee for TIP,
headed by his ministry, and that the committee was weighing
the recommendation for drafting a new anti-trafficking law, a
step A/S Sauerbrey strongly encouraged. The GOM would also
establish a special wing in a immigration detention facility
that would house TIP victims. Subsequently, the Minister of
Home Affairs and the Minister of Women, Family and Community
Development (WFCD) announced on August 28 their intention to
work with the Attorney General's chambers to draft a law to
address "people smuggling" activities in Malaysia. The
ministers also announced that the Home Affairs ministry would
establish a "protection center for people smuggling victims"
and that the WFCD ministry would manage the facility. In A/S
Sauerbrey's other TIP-related meetings, Indonesia's
ambassador to Malaysia offered a glimpse inside the expanded
shelter located on his embassy's compound, and local NGO
Tenaganita informed A/S
Sauerbrey that its USG-funded TIP shelter has become fully
functional. Septel reports A/S Sauerbrey's engagement on
refugee issues. End Summary.

Internal Security Takes on Coordinating Role
--------------


2. (SBU) A/S Sauerbrey raised the need for Malaysia to take
action on trafficking in persons in meetings with senior
officials in the Internal Security and Foreign Affairs
ministries. Muhammad Hatta bin Abdul Aziz, Deputy Secretary
General of the Ministry of Internal Security (MIS),told A/S
Sauerbrey during their August 24 meeting that overall
responsibility for the GOM's anti-TIP efforts had been
transferred to his ministry from the Ministry of Home
Affairs. He stated that the GOM made the transfer because
Home Affairs viewed the issue only from the perspective of
immigration documentation, while MIS could better deal with
trafficking as a national security and law enforcement
matter, pointing out that the police fall under MIS's
supervision. Hatta said he recently chaired the inaugural
meeting of a new interagency committee that will coordinate
the GOM's anti-TIP efforts. The interagency committee
consists of representatives from the ministries of Internal
Security, Home Affairs, Health and WFCD; it will coordinate
its efforts with the Attorney General's office.

Pressing for an Anti-TIP Law
--------------


3. (SBU) The new committee had met once within the past
month, Hatta reported, and agreed to further study whether
the GOM should draft a new anti-TIP law or amend existing
legislation. Comments from officials in the room signaled
support for a new law, but the matter remained before the
committee. A/S Sauerbrey strongly backed a comprehensive
anti-TIP law and described how enactment of such legislation
in the U.S. greatly facilitated our prosecution of
traffickers, prevention of trafficking activities and
protection of victims. Hatta said he would solicit and
welcome US expertise and support in drafting Malaysia's
anti-TIP law, should the GOM decide to pursue this course.

Rescuing and Protecting Victims
--------------


4. (SBU) Hatta told A/S Sauerbrey that Malaysian police had
"rescued" 352 foreign women from vice activities in the
period 2004 through the present, largely using tip-offs from
local embassies here, particularly those of Indonesia and
Thailand. If foreign embassies report to the police, police
will take action, he asserted. With regard to GOM handling
of these women, he said, "We're trying to give better
treatment to perceived victims." Hatta mentioned that the
GOM had decided to establish a separate area to house women
and child TIP victims within an illegal migrant detention
facility in Terengganu
state in order to provide better treatment. (Note: On August
29, the Terengganu detention center's commandant stated that
no such separate area for TIP victims had yet been
established in his facility. End Note.) A/S Sauerbrey
emphasized the need to treat and assist victims as victims
rather than as criminals or illegal migrants.

Changing Pattern of Prostitution
--------------


5. (SBU) Hatta and several police officials described how
vice syndicates have changed their operations during the past

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two years. He said the number of brothels has declined due
to police crackdowns that netted large numbers of prostitutes
along with brothel owners/operators. He said the vice
syndicates now prefer housing women separately from where
they engage in vice activities. They remain on call, and are
transported individually to the customer's location. This
physical separation of housing facilities from the locations
where vice activities are performed has hampered anti-vice
law enforcement efforts in Malaysia, according to Hatta.
Local NGO Tenaganita's President, Irene Fernandez, confirmed
this development and told A/S Sauerbrey that it made efforts
to locate and rescue TIP victims more difficult.

Ministers Announce Plans for New Law, Protecting Victims
-------------- --------------


6. (SBU) In a subsequent development, the Ministers of Home
Affairs and WFCD announced two new TIP-related initiatives at
a joint press conference that followed their meeting on
August 28. They said they would hold discussions with the
Attorney General's chambers to consider drafting a new law to
"curb human smuggling." The Minister of WFCD, Shahrizat
Abdul Jalil, also announced that the Minister of Home
Affairs, Radzi Sheikh Ahmad, had agreed during their meeting
"to establish a protection center" for victims of trafficking
that will be managed by the WFCD ministry. She said she also
requested that Radzi separate victims of human smuggling from
other detainees in police cells and illegal migrant detention
facilities.

Meetings with Indonesian Ambassador and NGO Tenaganita
-------------- --------------


7. (SBU) Indonesia's Ambassador to Malaysia, Rusdihardjo,
told A/S Sauerbrey during their August 25 meeting that his
embassy had expanded its shelter for female Indonesian
victims of trafficking and labor abuse. The shelter is
located on the embassy compound and has a capacity of up to
160 women. He allowed us a glimpse inside the facility,
which contains 7 rooms filled with bunk beds. It housed
approximately 150 women and girls during our visit, including
a 13 year-old girl whom Rusdihardjo claimed had been
trafficked into prostitution. He said most of the women and
girls in the shelter would remain there an average of 2-4
weeks, until the Indonesian embassy could obtain exit
documentation from the GOM.


8. (SBU) During A/S Sauerbrey's August 25 meeting with
Tenaganita's Fernandez, the NGO leader stated that the
USG-funded TIP shelter was now fully operational and
sheltered 18 women, most of whom were Vietnamese. She said
Tenaganita's cooperation with police, immigration and WFCD
Ministry officials remained excellent.


9. (SBU) Comment: A/S Sauerbrey's meetings with the Internal
Security and Foreign Affairs ministries, and with the
Indonesian embassy and Tenaganita, underscored strong U.S.
support for anti-TIP action by the GOM. The TIP developments
we learned of during and following A/S Sauerbrey's mission
reflect greater senior-level GOM attention to trafficking
crimes. Cabinet officials speaking about a possible
anti-trafficking law and also planning some measures intended
to protect victims represent new openings for our engagement.
SHEAR