MALAYSIA'S SEVENTH ANNUAL TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 14 KUALA LUMPUR 000398 SIPDIS SENSITIVE SIPDIS DEPT FOR G/TIP, G, INL, INL, DRL, PRM, IWI, EAP/RSP STATE PLEASE PASS TO USAID E.O. 12958: N/A TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB MY SUBJECT: MALAYSIA'S SEVENTH ANNUAL TRAFFICKING IN PERSONS REPORT REF: A. 06 KUALA LUMPUR 2297 ¶B. 06 STATE 144327 ¶C. 06 STATE 202745 ¶D. HO CHI MINH CITY 90 ¶E. 06 KUALA LUMPUR 2035 ¶F. 06 KUALA LUMPUR 1804 ¶1. (SBU) SUMMARY AND INTRODUCTION: Malaysia is a destination, and to a far lesser extent, a transit and source country for adults and minors trafficked for the purposes of forced labor and sexual exploitation. The overwhelming majority of victims come to Malaysia seeking greater economic opportunities as domestic servants and unskilled laborers, but fall victim to employment agents, smugglers and traffickers that supply migrant laborers and prostitutes in Malaysia. Trafficking in Malaysia is a regional problem driven by economics. Migrant workers from Indonesia, Nepal, India, Thailand, China, the Philippines, Burma, Cambodia, Bangladesh, Pakistan and Vietnam account for nearly all of Malaysia's trafficking victims. ¶2. (SBU) There are no reliable statistics revealing the total number of trafficking victims in Malaysia. The Royal Malaysian Police (RMP),foreign embassies and NGO's report that in 2006, at least 600 female victims were rescued from the commercial sex trade. There are no statistics on the number of victims, male or female, working under trafficking conditions in the domestic, construction, and agricultural labor fields. Anecdotal evidence indicates the number of victims in forced labor conditions exceeds the number of victims trafficked for the purposes of prostitution. ¶3. (SBU) The Government of Malaysia (GOM) recognizes that trafficking for the purposes of sexual exploitation is a problem and has taken the first steps to address the issue. The Malaysian Attorney General's Office reports it has a second draft of a comprehensive anti-trafficking law and will submit the law to the cabinet's Anti-TIP Working Group in March. The GOM has drafted the legislation to bring Malaysia into substantial compliance with the UN Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women, with eventual intent to accede to the Protocol. ¶4. (SBU) The GOM should further move to finalize and enact its comprehensive anti-trafficking legislation, ensuring that the law recognizes all forms of trafficking in persons, and provides shelter, counseling and repatriation assistance to male and female victims. The government should systematically screen foreign prostitutes and undocumented workers to identify and protect foreign trafficking victims. The government should fulfill its commitment to protect foreign victims of trafficking by opening much needed shelters. Over the longer term, the government should eliminate debt-bondage as a form of labor contracting, and should enforce its own laws on the confiscation of passports by employers as a method of controlling and limiting the freedom of movement of migrant laborers. The GOM should foster better cooperation between police, immigration and prosecutors to investigate, arrest, charge and prosecute traffickers. The GOM should stop relying on the Emergency Ordinance, Restricted Residence and Internal Security Acts to detain traffickers without trial, but should ensure the new anti-trafficking law provides comprehensive sentencing guidelines and punishments for trafficking offenses. ¶5. (SBU) The government of Malaysia does not comply with the minimum standards for the elimination of trafficking in persons as prescribed in the Trafficking Victims Protection Act of 2000 (as amended). The government of Malaysia has partially addressed the recommendations under the short-term *********************** * Missing Section 002 * *********************** *********************** * Missing Section 003 * *********************** *********************** * Missing Section 004 * *********************** *********************** * Missing Section 005 * *********************** *********************** * Missing Section 006 * *********************** *********************** * Missing Section 007 * *********************** *********************** * Missing Section 008 * *********************** *********************** * Missing Section 009 * *********************** *********************** * Missing Section 010 * *********************** *********************** * Missing Section 011 * *********************** *********************** * Missing Section 012 * *********************** *********************** * Missing Section 013 * *********************** *********************** * Missing Section 014 * ***********************