REASSESSING MALAYSIA'S EFFORTS TO COMBAT

C O N F I D E N T I A L KUALA LUMPUR 001290

SIPDIS

SIPDIS

FROM THE AMBASSADOR FOR EAP A/S HILL AND G/TIP DIRECTOR
AMB. LAGON

E.O. 12958: DECL: 08/15/2017
TAGS: PHUM PGOV PREL KCRM MY
SUBJECT: REASSESSING MALAYSIA'S EFFORTS TO COMBAT
TRAFFICKING IN PERSONS

REF: KUALA LUMPUR 1236 (MALAYSIA ENACTS COMPREHENSIVE

ANTI-TIP LAW)

Classified By: Ambassador Christopher J. LaFleur for
reasons 1.4 (b and d).


1. (C) The Malaysians have made significant progress in
implementing items contained in the action plan we provided
them in 2006, and we should return them from Tier 3 to the
Tier 2 Watch List in connection with the September review.
We recognize that trafficking in Malaysia remains serious.
We nevertheless believe that the best way to ensure vigorous
Malaysian implementation of their new law and to elicit
further Malaysian cooperation in combating trafficking is to
phase out punitive measures in favor of a more cooperative
approach. If we demonstrate we respond to real progress and
avoid conveying the impression that we are moving the
goalposts on them, we believe we will be better able to
secure the high-level GOM cooperation we need to make a real
impact on trafficking here.


2. (C) In 2006 we provided an anti-TIP action plan to the
Malaysians as a result of our decision to downgrade their TIP
status to Tier 2 Watch List. In the short term we asked the
Malaysians to "begin drafting comprehensive anti-trafficking
legislation that defines trafficking and criminalizes all
acts of trafficking. . ." On July 26 Malaysia exceeded this
goal and joined only 41 other countries to have enacted a
comprehensive anti-trafficking in persons law. The new law
provides robust definitions and serious penalties for
traffickers, including confiscation of assets. While not
perfect, the bill represents a major step forward in
Malaysia's commitment to fighting trafficking. In addition,
when the new law was being debated in Parliament, the de
facto Law Minister, Nazri Aziz acknowledged that with its
passage Malaysia would be prepared to ratify the U.N.
Protocol to Prevent and Punish Trafficking in Persons,
especially Women and Children. Never before has Malaysia
indicated a willingness to accede to this Protocol.


3. (C) We asked the Malaysians in our short term action plan
"to open the planned government shelter for foreign victims
of trafficking." We also asked the GOM "to increase efforts
to screen and identify trafficking victims . . . and
implement a referral mechanism to provide identified victims
. . . adequate shelter and care." The new law establishes
mechanisms for the care and protection of victims. We expect
the two shelters to be opened and operational in September,
as stated by numerous Malaysian officials, including the
women's shelter supervisor. A member of my staff has visited
the shelters and evaluated them as physically ready for
operations. With regard to screening, we are working with
USDOJ/ICITAP to complement training by local NGOs and the
Attorney General's Office in victim identification training.
The shelter openings will further facilitate the achievement
of the latter action item.


4. (C) As another measure in our action plan, we strongly
urged that senior Malaysian officials, including the Prime
Minister, take public stands on the need to combat
trafficking. Senior government officials have committed
publicly to combat trafficking. When discussing the passage
of the new law, Prime Minister Abdullah Badawi stated that
his government "hope(s) to drastically reduce human
trafficking. It is a crime that has to be stopped." The
Prime Minister's comments to the press in reaction to our
June TIP finding were forward looking. He remarked that
"I've read the report. We did whatever we could, but it was
not enough. That's why we decided the (anti-TIP) bill was
necessary." Similarly, Malaysia's Women's Minister Shahrizat
Jalil publicly characterized TIP as one of the world's "worst
crimes and must be dealt with accordingly." Even Foreign
Minister Hamid, whose initial reaction to Malaysia's Tier 3
ranking revealed his exasperation with the process, concluded
that "trafficking in persons is wrong" and "the law against
human trafficking is going to be passed."


5. (C) Activists around the country are encouraged by the
positive movement we are seeing on the subject. Activists in
Malaysia agree with the conclusion that Malaysia has taken
significant steps forward, even as they help to highlight the
on-going trafficking crimes and victims here. Indonesia's
embassy spokesman called the new law "a big step" and
Malaysia's largest migrant labor NGO, Tenaganita, called the
law "a real success story" and labeled the law "tough on
offenders and comprehensive in its reach." Anti-trafficking
is emerging as a new human rights concern for the Malaysian
public, and awareness means success.


6. (C) I encourage you to take note of the positive and

significant steps which the Government of Malaysia has taken
to bring itself into compliance with the minimum standards to
eliminate trafficking in persons. Malaysia must do more, but
clearly Malaysia is far ahead of where it was only a year
ago. It is proper now that we demonstrate we can and do
respond to serious effort and return Malaysia to the Tier 2
Watch List. This will increase the credibility of our process
here, and we judge will encourage the GOM to re-engage with
us more visibly at senior levels and to prove their
commitment to combating TIP with proper investigations,
prosecutions and sentencing of traffickers under the new law.
This will be our best guarantee that we develop meaningful
cooperation with Malaysia to combat trafficking in persons.
LAFLEUR