MALAYSIA ATTORNEY GENERAL COMMITS TO DRAFTING

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 002297 SIPDIS SENSITIVE SIPDIS FOR EAP/MTS, EAP/RSP, G/TIP, DRL AND PRM E.O. 12958: N/A TAGS: PHUM PGOV PREL KCRM KWMN KJUS MY SUBJECT: MALAYSIA ATTORNEY GENERAL COMMITS TO DRAFTING ANTI-TRAFFICKING LAW REF: KUALA LUMPUR 2160 ¶1. (SBU) Summary: Malaysia's Attorney General told the Ambassador and visiting U.S. Assistant Attorney General Wan Kim on December 12 that he had directed his staff to begin drafting comprehensive legislation to combat trafficking in persons, a move which represents a key component of the TIP action plan we presented some three months ago. The AG set an ambitious goal of submitting the legislation to parliament in March 2007. AAG Kim had come to Malaysia to encourage the drafting of such a law, following G/TIP Ambassador John Miller's visit in November (reftel). Although the AG had not discussed his decision with other government agencies prior to the AG speaking with us, both the AG and the Director of Immigration Enforcement favored a law with limited services for victims, focusing instead on the need for speedy trials and speedy deportations. Other officials recognized the need for adequate services for victims and pledged to provide input into the drafting of the bill. It remains to be seen whether Gani's ambitious timeline is realistic, but the decision to draft much-needed anti-TIP legislation is a significant positive result from our TIP engagement with the GOM. AAG Kim did not have an opportunity to clear this cable before departing Kuala Lumpur. End Summary. ¶2. (SBU) In a December 12 meeting with the Ambassador and U.S. Assistant Attorney General, Civil Rights Division, Mr. Wan Kim, Malaysia's Attorney General Abdul Gani Patail announced his decision to draft comprehensive legislation to combat trafficking in persons. In an about-face from his November meeting with G/TIP Director Amb. John Miller (reftel),Abdul Gani declared he was "sick and tired of waiting for other agencies" to provide their input, and therefore he had directed his staff to begin drafting anti-TIP legislation. Abdul Gani optimistically said it was his intention to submit the draft legislation to the lower house of parliament in March 2007, with hopes that it would reach the Senate in May 2007 and be formally enacted by June ¶2007. Wan Kim noted the possibility of a visit by a U.S. anti-trafficking legal expert who would consult with the AGO's lead drafters and share international best practices. ¶3. (SBU) Although Gani boasted that he would ensure the legislation "would extend the meaning of victims to include those who have voluntarily trafficked themselves," he was not yet convinced that it was best for the GOM to provide extensive social services to victims such as offered under the T-visa program in the United States. "I would rather send them back," he stated, arguing that many would have difficulty supporting themselves in Malaysia while prosecutions of traffickers wended their way through Malaysian courts (comment: an all-too often multi-year process here). He proposed that testimony required for the cases be taken as soon as possible after the victims were rescued so that the victims could return home as quickly as possible. However, after hearing a rundown on the T program, he agreed to consider a visit by a US expert to confer further on best practices as the new Malaysian law was drafted ¶4. (SBU) Mr. Kim followed up his visit to the Attorney General's office with visits to the Ministry of Women, Family and Community Development (MWFCD),the Department of Immigration, the Royal Malaysian Police and the Malaysian Human Rights Commission. These officials had clearly not yet been informed of Gani's change of heart on the need for anti-trafficking legislation, but nevertheless were supportive of the decision. ¶5. (SBU) Despite being unaware of Gani's recent decision, Malaysia's Director of Immigration Enforcement, Ishak Hj. Mohamed, was lock step with the Attorney General (AG) on his opposition to providing long term services to victims while their cases await trial. Ishak joined the AG's call for speedy deportation once initial testimonies were taken into evidence. He also agreed that the new law should include provisions for a speedy trial - an element not guaranteed in most other criminal cases and vitally necessary as many non-capital criminal cases can take years to reach even an initial determination of guilt or innocence. Ishak stated that his office had not been contacted about providing input into the new law, but also noted that the AG's office had two attorneys assigned full-time to the Immigration Enforcement office as advisors. ¶6. (SBU) Sharifah Zarah Syed Ahmad, Director General of Women's Development in the MWFCD, wondered aloud what provisions would be made in the new law to enable the women's ministry to open shelters or provide necessary services to KUALA LUMP 00002297 002 OF 002 victims. Shahrifah promised to follow-up with the AG's office and ensure that the MWFCD was able to influence the drafting of the bill to provide a holistic solution to trafficking. ¶7. (SBU) Former High Court Judge and current commissioner with the Malaysian Human Rights Commission (SUHAKAM),K.C. Vohrah professed great skepticism when advised of the optimistic timeline the AG had set for submitting a bill to parliament. Vohrah was concerned that the AG had not contacted SUHAKAM and asked for its recommendations on what should be included in the law, but Vohrah, too, pledged to call on the AG and that the Commission would submit recommendations as necessary. Separately, local NGOs advised us that another SUHAKAM commissioner, Dr. Raj Karim, will chair a closed-door meeting on December 20 with Government of Malaysia officials on drafting a national plan of action, as SUHAKAM recommended in its 2005 report. ¶8. (SBU) Comment: As it is evident that inter-agency coordination has yet to begin in the GOM, it remains to be seen whether Gani's timeline for drafting and passing the new anti-TIP legislation is realistic. Nevertheless, the decision itself is a direct result of the sustained USG lobbying effort and a key step forward in the TIP action plan we discussed with the GOM earlier this year. LAFLEUR