MALAYSIA: INTERIM ASSESSMENT FOR TRAFFICKING IN

UNCLAS KUALA LUMPUR 002140

SIPDIS

SENSITIVE
SIPDIS

FOR EAP/RSA, EAP/MTS AND G/TIP

E.O. 12958: N/A
TAGS: PHUM PGOV PREL ELAB SMIG KCRM KWMN MY
SUBJECT: MALAYSIA: INTERIM ASSESSMENT FOR TRAFFICKING IN
PERSONS SPECIAL WATCHLIST COUNTRIES

REF: A. STATE 178111


B. KUALA LUMPUR 1661

C. KUALA LUMPUR 1804

D. KUALA LUMPUR 2035


1. (U) Embassy Kuala Lumpur provides the following
submission as an interim assessment of targeted actions by
Malaysia on trafficking in persons since the June release of
the 2006 TIP report, as requested ref A.

Shelter for Trafficking Victims
--------------


2. (SBU) The Government of Malaysia has not yet opened a
government shelter for foreign trafficking victims. In an
effort to satisfy previous commitments to open a shelter, the
GOM has gazetted five structures as specially designated
immigration detention facilities for foreign trafficking
victims, but has not yet opened any of these facilities.
These structures are designed to be operated entirely by the
Department of Immigration as separate facilities prior to
deportation. To our knowledge, funds have not yet been
ear-marked for the outfitting and staffing of these
structures. Malaysian police continue to cooperate with and
utilize several NGO shelters, as well as the shelters run by
the Indonesian and Philippines embassies (see below).

Anti-Trafficking Legislation
--------------


3. (SBU) The Government of Malaysia has not yet initiated
the drafting of comprehensive anti-trafficking legislation
pending a Cabinet-level decision as to whether to pursue a
new law or to amend existing laws. The Inspector General of
Police, the Minister of Women, Family and Community
Development, and the Minister of Home Affairs, have all
spoken publicly expressing their support for a new law, but
all made it clear in conversations with U.S. officials that
they look for advice from the Attorney General's Office
(AGO). The Internal Security Ministry stated that the
decision on the law rests jointly with the AGO and the Home
Affairs Ministry. Malaysia's Attorney General has expressed
skepticism on the necessity and viability of passing a new
law and expressed to senior U.S. officials that if the GOM
were to pass such a law it would only be to satisfy the U.S.
tier-ranking process. The Royal Malaysian Police have
advised us that they intend to draft a proposed law which
will then be submitted to the Attorney General's office for
consideration, an action which would occur outside the normal
law making process.

Screening and Identifying Victims
--------------


4. (SBU) The Royal Malaysian Police have successfully
implemented a referral system to place foreign trafficking
victims in shelters run by NGOs and certain foreign
embassies. However, shelter space in private shelters
remains inadequate to house all identified victims, and those
whom shelters cannot accept are remanded to immigration
detention facilities for deportation processing. Neither the
police nor immigration departments have implemented training
programs to properly screen and identify trafficking victims
from the hundreds of thousands of illegal migrants which pass
through Malaysia every year. Both police and immigration
officers repeatedly have sought TIP training assistance from
the U.S. Government, but delays in project funding have
prevented such training from going forward. Following
November 16 advice of funding, Embassy Kuala Lumpur is
working with the USDOJ ICITAP program in Jakarta in
anticipation of the start of a project that will include
training of police in TIP victim identification.

Other Developments
--------------


5. (SBU) The GOM informed us in August of a cabinet-level
decision that appointed the Ministry of Internal Security
(MIS) as the overall coordinating ministry for trafficking
issues. MIS convened one inter-ministerial meeting to
discuss the need for a comprehensive trafficking law and
options for shelters. The meeting referred the matter of a
new law to the AGO and the Home Affairs Ministry for
recommendations. We are not aware of further meetings or
inter-ministerial recommendations. It is not clear what role
the MIS will continue to play in coordinating GOM actions to
combat trafficking in persons.
LAFLEUR