SOMETHING BETTER THAN NOTHING:FIGHTING TIP IN BURMA

C O N F I D E N T I A L SECTION 01 OF 03 RANGOON 000462

SIPDIS

SIPDIS

STATE FOR EAP/MLS, G/TIP, INL/HSTC, DRL, PRM, EAP/RSP;
PACOM FOR FPA

E.O. 12958: DECL: 12/08/2015
TAGS: PHUM PREF ELAB SMIG KWMN KCRM BM
SUBJECT: SOMETHING BETTER THAN NOTHING:FIGHTING TIP IN BURMA

REF: RANGOON 171

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Classified By: Econoff TLManlowe for Reason 1.4 (b,d).


1. (SBU) Summary: High level GOB attendance gave the first
anti-Trafficking in Persons National Seminar the visible
support needed for lower level officials to implement Burma's
new Anti-Trafficking Law. International NGOs had
unprecedented input on the drafting process, the first time
the current regime allowed outside input for any law, and
have made it among the strongest anti-TIP laws in the region.
Also uncharacteristically, senior GOB officials participated
actively in the seminar, representatives from different
government agencies openly engaged each other, GOB sponsors
welcomed input from foreigners, and the rights of victims
were highlighted. Working level GOB officials expressed a
commitment to implement the law and an interest in
international support, acknowledging the senior regime
leadership is indifferent to the problem. End summary.

High Ranking Attendees Set Ambitious Goals
--------------

2. (U) Over one hundred GOB officials, foreign diplomats,
and UN and INGO participants, attended the "National Seminar
on Anti-Trafficking in Persons," co-sponsored by the UN
Interagency Project on Human Trafficking (UNIAP) and the
Ministry of Home Affairs on February 28 to March 1 in
Rangoon. The organizers' goals were: to raise awareness of
government officials, law enforcement officers, and the
general public about the GOB's new anti-Trafficking Law,
issued in September 2005; to identify steps for effective
implementation; and to provide a forum for governmental and
non-governmental sectors to cooperate. The local press
provided extensive coverage of the event in the government's
official newspaper.


3. (SBU) The high level of GOB support, both in the rank of
the attendees, and by their continued presence throughout the
seminar surprised and delighted UNIAP organizers. "Never
before had this happened," said Dr. Ei Kalya Moore, UNIAP
National Project Coordinator. Minister of Home Affairs Maung
Oo attended the opening event and returned to give closing
remarks, which forced a delay of the state dinner for
visiting Indonesian President Yudhoyono. The Deputy Minster
of Home Affairs chaired the entire workshop, and the Deputy
Attorney General, the Deputy Minister of Social Welfare,
several Supreme Court Justices, and other high level
officials from over twenty-five government departments and
ministries actively participated for the entire two-day
seminar.


4. (U) SPDC Secretary 1, Lt. Gen. Thein Sein, gave the
keynote address, which highlighted the "unprecedented"
drafting process for the new trafficking law because the
draft was discussed with "internal and external experts",
including UN agencies and an Australian anti-Trafficking NGO,
ARCPPT. He then challenged the group to "throw caution to
the wind," and prove to skeptics that Burma can implement the
comprehensive law effectively. He noted the victim-centered,
rights-based focus of the new law, and said it promotes
gender sensitivity and child-friendly approaches. The
Minister of Home Affairs welcomed participants and said the
Seminar was an "important milestone" in the history of Burma,
calling on all government departments, NGOs, and INGOs to
cooperate in the fight against trafficking.


5. (U) After two days of presentations and discussions,
seminar participants drew up fourteen recommendations for
further action. Primary among these are: development of
rules and regulations to implement the law; capacity building

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and training for MFA, police, attorneys, immigration
officers, and other officials; research and data collection;
establishment of bilateral and multilateral MOUs for further
cooperation; development of a new National Action Plan (NAP);
fundraising efforts; and increased inter-ministry
cooperation.

U.S. Ranking Still Rankles
--------------

6. (U) UNIAP organizers told us that the USG's TIP report
figured prominently at the Seminar, as participants expressed
frustrations that, despite their anti-trafficking efforts,
Burma would retain its Tier 3 ranking, primarily because of
ongoing state-sanctioned forced labor. Police Col. Hkam Awng
told participants early in the seminar not to focus on the
U.S. ranking, but to work hard to implement the new law.
Police Col. Khin Maung Si added, "In spite of one-sided
allegations and imposing of sanctions, Burma will continue to
strive all out for the prevention and suppression of
trafficking in persons."

Next: A National Action Plan and More Seminars
-------------- -

7. (C) One day after the seminar, a working group met to
draft a new NAP that conforms to UN conventions, regional
agreements, and domestic laws. Officials from the Ministry
of Defense (MoD) also attended, their first-ever
participation in an anti-trafficking event. Organizers saw
this as an opportunity to inform MoD officials about the
applicability of the law to cover forced conscription, child
soldiers, and forced labor. At a later meeting, Col. Sit
Aye, the head of the Police Transnational Organized Crime
Unit at Home Affairs Ministry, told us, "These people (the
military) are under the same law, it applies to them, too.
It is time that they started to engage and join the efforts."
He acknowledged that the GOB has not made any efforts to
address forced labor, and claimed that his department had no
power to influence those policies.


8. (C) At the NAP drafting session, Police Col. Khin Maung
Si, from Special Branch and newly assigned to the TIP unit,
raised issues about reform of migration policies to reduce
irregular migration, a leading cause of trafficking. UNIAP
organizers were pleased he raised the topic, as they had not
put this on the agenda because they thought it would be too
sensitive. Khin Maung Si discussed liberalizing the GOB's
highly restrictive travel policies to include easing passport
issuance and supporting more legal migration.


9. (SBU) The Ministry of Home Affairs and UNIAP will
replicate the seminar in various trafficking "hot spots" for
regional commanders and local authorities, and then move to
State/Division-level and township-level training.
Coordination of the next seminars, according to UNIAP reps,
will be difficult because most government officials have now
relocated to the new administrative capital in Pyinmana.

Working With Thailand, and a Plea For Help
--------------

10. (C) On March 29, Col. Sit Aye told us that, for the first
time, Thailand agreed to hand over a Burmese national accused
of trafficking violations who is now living in Bangkok.
Earlier, he had expressed frustration to us about the lack of
action by Thai police on the information his unit provided on
the case. He also requested USG assistance in developing the
capacity of legal authorities and law enforcement officials
to implement the trafficking law. "We have made commitments
to meet international standards," he said, "but we have no
expertise, and few resources to pay for international travel
to receive training."

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11. (C) At the working level, officials eagerly profess the
GOB's commitment to implement the law, but officials from
headquarters have been frank with us about the severe
budgetary, capacity, and communication constraints they face.
The officials made it clear they welcome financial, program,
training and advisory support from foreigners, and
authorities actively cooperate with the INGOs working in this
field, including World Vision, Save the Children, and AFXB,
on repatriation and trafficking prevention efforts. However,
the regime's new draft restrictions on INGO activities in
Burma could also affect these INGOs if implemented (reftel).


12. (C) Working level officials responsible for TIP issues
and their UN and INGO counterparts told us that senior regime
leaders are indifferent to their TIP efforts, and only allow
them to continue because the issue does not affect their
overall control of the population. Since the officials
responsible for implementation know they will not receive
adequate resources to fulfill the requirements of the
stringent new law, they need outside support.


13. (C) Comment: Some of the senior officials who publicly
supported anti-trafficking efforts at this seminar are the
same people who restrict humanitarian aid and condone human
rights abuses in other areas. They have not made the
connection between defending the rights of trafficking
victims and addressing the conditions that drive people into
the arms of traffickers. The regime's refusal to address
forced labor concerns will continue to offset the good
efforts of working level officials tackling human
trafficking. Our engagement on this issue in Burma and
support for INGOs strengthens the resolve of well-intentioned
officials who seek to stem the flow of Burmese victims of
trafficking. Encouraging these officials to do the right
thing on trafficking could open their minds to the
fundamental causes. Unfortunately, the senior leadership
shows no signs whatsoever of addressing these fundamental
causes. End comment.
VILLAROSA