GOM UPDATES ON ANTI-TRAFFICKING LAW, REQUESTS

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 001568 SIPDIS SENSITIVE SIPDIS FOR EAP/MTS AND G/TIP JUSTICE FOR ICITAP AND OPDAT JAKARTA FOR ICITAP E.O. 12958: N/A TAGS: PHUM PGOV PREL KCRM MY SUBJECT: GOM UPDATES ON ANTI-TRAFFICKING LAW, REQUESTS TRAINING REF: KUALA LUMPUR 1557 - EAST MALAYSIA POLICE ON TIP Summary -------------- ¶1. (SBU) A senior official in Malaysia's Internal Security Ministry told us October 22 that the Anti-Trafficking Council created by the new anti-trafficking in persons law would meet formally by mid-November. Enforcement of the law would begin in early 2008, as Malaysian authorities needed time to inform and train law enforcement officials, and to think through the ramifications of the statute's broad definition of a trafficking victim and plan accordingly. The government shelters also would open in early 2008. The Ministry welcomed and encouraged U.S. anti-trafficking law enforcement training for police, prosecutors and judges. Separately, the GOM's key legal training institute contacted the Embassy on October 25 and requested U.S. anti-trafficking training. Action request: Please advise on possible USG resources that can be made available in the short term for law enforcement training in support of Malaysia's initial implementation of the comprehensive anti-trafficking law. End Summary. Activating the Anti-TIP Council -------------- ¶2. (SBU) Polchief called on the Ministry of Internal Security's Deputy Secretary General, Ahmad Fuad bin Abdul Aziz, on October 22 and discussed the status of Malaysia's new anti-TIP law. The Ministry has coordinating responsibility for anti-trafficking under the new law, with duties initially falling on Ahmad's office. Ahmad and his staff Azrul Izham bin Hamzah told us that the GOM is focused now on Part II of the law, which covers the "Council for Anti-Trafficking in Persons," and on articles 66 and 67 related to implementing regulations. The Council would hold its first formal meeting by mid-November, and the first order of business would be selection of Council's non-governmental members (up to three). The Ministry intended to stand up a Secretariat to support the Council. SIPDIS Enforcement in Early 2008 -------------- ¶3. (SBU) Ahmad explained that enforcement of the law would begin in early 2008. The GOM would open its two victims shelters at roughly the same time. The GOM needed time, Ahmad explained, to conduct training and prepare resources before moving to implementation of the full law and enforcement activities. Malaysian law enforcement officials, including police, prosecutors and judges were as a rule unfamiliar with TIP, and required training. Equally important, the law includes a broad definition of a trafficking victim and the GOM needed to think through the ramifications and prepare for the possible application to many victims. For example, Malaysia had prepared only limited government shelter space, which might be overwhelmed depending on how the Malaysian officials interpreted and applied the law. Polchief noted the importance of victim identification training. Polchief also offered that many countries, including the U.S., partnered with civil society and religious groups to provide protection and services to victims. We emphasized to Azrul that the U.S. would focus closely on Malaysia's steps to implement the TIP law as we prepared the 2008 TIP report. Ministry Requests U.S. Training -------------- ¶4. (SBU) Ahmad told polchief that Malaysia would welcome and value training and expert exchanges to support Malaysian law enforcement officials' ability to implement the new law. Such training would be important for police and prosecutors, as well as judges. Ahmad offered to coordinate future training through his office. Polchief said he would convey this request to Washington. Key Training Institute Also Reaches Out -------------- ¶5. (SBU) Separately, the Director General of the Judicial and Legal Training Institute (JLTI),Khadijah Mahmud, advised us on October 25 that JLTI is planning their training calendar for 2008 and would like the Embassy to help facilitate training for prosecutors and judges on TIP related issues. JLTI is a division of the Prime Minister's KUALA LUMP 00001568 002 OF 002 Department and is the central training institute for all federal judges, magistrates and prosecutors. Khadijah expressed particular interest in training for investigations and prosecutions. We originally discussed training cooperation with JLTI in July 2007, and at that time the Director General seemed willing to explore these opportunities. Comment and Action Request -------------- ¶6. (SBU) The Malaysian government has opened the door widely for possible TIP training assistance for law enforcement and legal officials. State-level police officials also welcome U.S. training (reftel). Supporting Malaysia's initial implementation of its comprehensive anti-trafficking law is clearly in the U.S. interest for combating trafficking here. Embassy is currently coordinating with ICITAP/Jakarta on limited training for Malaysian police in connection with Indonesian law enforcement efforts. We also are seeking to bring out a TIP legal expert under our Public Affairs speaker program. Embassy requests Department identify possible State, Department of Justice or other USG resources that can be made available in the short term for training in support of Malaysia's implementation of the comprehensive anti-trafficking law. KEITH