2008 TRAFFICKING IN PERSONS REPORT: MACAU

UNCLAS HONG KONG 000408

SIPDIS

SENSITIVE
SIPDIS

NSC FOR DENNIS WILDER
DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EAP/RSP, EAP/CM,
USAID

E.O. 12958: N/A
TAGS: KCRM KFRD KWMN PHUM SMIG CH HK MC
SUBJECT: 2008 TRAFFICKING IN PERSONS REPORT: MACAU

REF: A. STATE 2731

B. 07 HONG KONG 583

C. HONG KONG 155

D. 07 HONG KONG 2360

E. HONG KONG 209

F. 07 HONG KONG 1866

G. HONG KONG 255

H. 07 HONG KONG 1675


1. (SBU) Per ref A, the following are post's contributions to
the eighth annual Trafficking in Persons report for the Macau
Special Administrative Region (MSAR) of the People's Republic
of China. (Note: Per instructions, subheadings, questions,
and paragraph letters correspond to those in paragraphs 27-30
of ref A. End note.)


2. (SBU) Comment: Post believes there has been a profound,
positive shift within the Macau Special Administrative Region
Government (MSARG) since our 2007 TIP Report; Chief Executive
Edmund Ho and his administration now are fully engaged in
tackling human trafficking. In about eight months' time, the
Macau government effectively implemented five of the six
measures we have recommended since Macau was placed on Tier 2
Watch List in the 2005 report. It: (1) increased
trafficking-related investigations and arrests, and carried
out its first prosecution for trafficking; (2) established an
interagency, anti-TIP concern committee, led by the Secretary
for Security, who was appointed the functional lead for
anti-TIP measures taken by the MSARG; (3) drafted and
delivered to the Legislative Assembly a new, comprehensive
law that expands the range of crimes considered to be
trafficking, and increases punishments for convicted
traffickers, as well as guarantees protections for
trafficking victims; (4) took steps to identify and rescue
victims, especially from organized prostitution; and (5)
improved interagency coordination against, and provided data
on the number of victims of, human trafficking. (Note: The
sixth recommendation was that Macau should assign dedicated
police and social welfare resources to the tasks of
investigating trafficking crimes. Though Post believes the
Judiciary Police and Social Welfare Institute provide the
best platforms for this, the MSARG has not yet indicated that
it plans to dedicate resources from among them solely focused
on combating trafficking. End Note.)


3. (SBU) Comment (cont'd): The Macau Government's draft law,
although not yet passed, is a major step toward tackling the
full range of trafficking concerns there. The draft law
coordinates and strengthens measures related to prevention,
protection, and prosecution by:
(1) Strengthening the criminal penalties for human
trafficking to include cases involving victims trafficked
into, through, and from Macau, with increasingly harsher
penalties for trafficking victims under the age of 16;
(2) Increasing criminal penalties for engaging in sex or
labor exploitation, as well as organ trafficking, by means of
force, fraud, deception, coercion or debt bondage;
(3) Criminalizing the act of knowingly using the
services or organs of a trafficking victim, or confiscating,
hiding, damaging or destroying the identification or travel
documents of a trafficking victim;
(4) Identifying the criminal responsibility of legal
persons, organizations, and societies complicit in the
commission of human trafficking crimes;
(5) Providing for the prosecution of a human trafficker
from another country which has no extradition agreement with
Macau;
(6) Requiring information campaigns to raise public
awareness, and promoting training sessions and research on
the issue;
(7) Specifying the rights and safeguards of, and aids
to, the victims of human trafficking, including free legal
aid, police protection and privacy protection for minors
involved in trafficking cases, and
(8) Creating a plan -- and associated shelters -- for
the protection of trafficking victims.


4. (SBU) Comment (cont'd): In effect, the law creates a
comprehensive anti-TIP plan for Macau that appears to match
the scope of the U.S. TVPA, as amended. The bill also
provides for increased sentences commensurate with the age of
the victim(s) involved, differentiating between victims under
age 14, those between 14 and 16, and those older than 16,
though the MSARG and Legislative Assembly continue to debate
these terms in the draft legislation. Furthermore, in
recognizable terms and despite a growing range of other
social challenges facing Macau, the government has shown its
clear commitment to making the fight against trafficking a
priority. For example, the MSARG established an interagency
committee, titled the "Human Trafficking Deterrent Measures
Concern Committee," that consists of 12 representatives from
the Security, Administration and Justice, Social Welfare and
Culture departments. Cheong Kwoc Va, the Secretary for
Security, leads the committee and his Head of Office is the
managing coordinator. The committee has already begun to
coordinate and assist the development of measures to prevent
trafficking and protect victims, as well as to assist victims
to reintegrate into society or participate in the trials of
their traffickers. Concern committee members also met with
their counterparts in the Hong Kong government and
Disciplined Services in January, to discuss existing laws and
measures in Hong Kong to prevent and prosecute cases of human
trafficking, as well as methods to protect and support
victims. Post continues to press the Macau government for
action, and looks forward to also working with local NGOs and
activists to combat human trafficking in the coming year.
End Comment.

Overview of Macau's Activities to Eliminate Trafficking in
Persons
--------------


A. (U) Is the country a country of origin, transit, and/or
destination for internationally trafficked men, women, or
children? Provide, where possible, numbers or estimates for
each group; how they were trafficked, to where, and for what
purpose. Does the trafficking occur within the country's
borders? Does it occur in territory outside of the
government's control (e.g. in a civil war situation)? Are
any estimates or reliable numbers available as to the extent
or magnitude of the problem? What is (are) the source(s) of
available information on trafficking in persons or what plans
are in place (if any) to undertake documentation of
trafficking? How reliable are the numbers and these sources?
Are certain groups of persons more at risk of being
trafficked (e.g. women and children, boys versus girls,
certain ethnic groups, refugees, etc.)?

-- (SBU) Macau is not a source of trafficked persons, but it
is a destination and transit point for illegal migration,
labor and prostitution. There are no good estimates of how
many of these illegal migrants, laborers and prostitutes may
fit the broad definition of "trafficked persons" used for
this report, but anecdotal evidence suggests the number is
probably rather small and probably involve mostly women from
mainland China. Though Macau's population is approximately
526,000, according to government statistics, more than 27
million visitors came to Macau in 2007, mainly to enjoy
Macau's booming casino and entertainment industry. Beginning
in 2007, the MSARG began to provide information on the number
of trafficking cases in response to our questionnaire in
advance of our annual report. Only one non-governmental
organization (NGO) in Macau, operating on a shoestring
budget, is actively combating trafficking there alongside the
government, but local Chinese and English-language press
regularly report on policy developments or cases possibly
involving elements of trafficking in Macau.

-- (SBU) Last year, a senior Immigration Department (ID)
official told us that although the ID, which is subordinate
to the Public Security Police (PSP),was not directly
involved in any trafficking investigations, the ID
investigated 1,800 cases of visa overstays in 2006, which may
or may not have involved elements of trafficking, and that
1,600 (89 percent) were PRC citizens. The non-Chinese cases
that same year often involved (not in order of frequency):
Colombians, Uzbeks, Russians, and Mongolians.
Mongolian-based NGOs cited a particularly high number of
potential trafficking victims from Mongolia. Although
officials in Macau's ID could not confidently attest to the
extent Mongolians may have been trafficked into or through
the MSAR, ID officials were looking into the matter.


B. (U) Please provide a general overview of the trafficking
situation in the country and any changes since the last TIP
Report (e.g. changes in direction). (Other items to address
may include: What kind of conditions are the victims
trafficked into? Which populations are targeted by the
traffickers? Who are the traffickers/exploiters? Are they
independent business people? Small or family-based crime
groups? Large international organized crime syndicates?
What methods are used to approach victims? (Are they offered
lucrative jobs, sold by their families, approached by friends
of friends, etc.?) What methods are used to move the victims
(e.g., are false documents being used?). Are employment,
travel, and tourism agencies or marriage brokers involved
with or fronting for traffickers or crime groups to traffic
individuals?

-- (SBU) According to reliable contacts in the Macau
government, most trafficking victims came from China, Russia
or other East or Southeast Asian countries, and were
typically told they were coming to Macau to work as dancers.
Criminal organizations reportedly provided assistance to some
of them to travel from their home countries, enter Macau,
and/or settle in the city. The government told us that
Chinese, Russian, and Thai criminal syndicates are involved,
and usually pass the women to local triad groups once they
enter Macau. The terms of repayment for such "employment
assistance" reportedly can be onerous, often more onerous
than the women had been led to believe. Living and working
conditions were also problematic, according to NGO and press
reports, and probably involved close monitoring during off
hours, crowded boarding arrangements, confiscated identity
documents, long working hours, and threats of violence;
however, the authorities investigated reports of such
activities promptly. Organizers of prostitution rings,
whether or not involved in trafficked persons, were
prosecuted under laws that criminalize profiting from the
proceeds of another person's prostitution. Prostitution
itself is not illegal in Macau.

-- (SBU) Macau law enforcement officials, social welfare
workers and others told us the overwhelming majority of
foreign prostitutes come to Macau as willing participants in
the commercial sex trade, and typically know in advance
specifically what they will be doing and how much they can
expect to earn. In a closed meeting, Immigration Department
officials told us that its Intelligence Department had only
uncovered a "limited amount" of organized crime involvement
in prostitution cases; rather, "street-side prostitutes are
often on their own, and only hotels and nightclubs usually
have an organized crime element." The introduction of the
Individual Visitor Scheme (IVS) in 2003, which allowed
tourists from certain mainland cities and provinces to enter
Macau on an individual basis, made it possible for most
prostitutes to enter Macau on their own, though some still
seek the help of pimps, either because they are unaware that
they can obtain visas on their own or because they need
logistical and financial help with travel and housing. While
the IVS has weakened the role of pimps in Macau's sex
industry, law enforcement officials believe that Chinese,
Russian and Thai criminal syndicates are still involved in
bringing prostitutes into Macau. These officials, as well as
others we spoke to, while fully aware of Macau's thriving sex
industry, claimed that women were rarely coerced into coming
or forced into prostitution once they arrive.
-- (SBU) The Chi Tang Women's Association (CTWA),an
organization that represents the concerns of women in Macau,
advocates for legal and institutional protection of sex
workers. CTWA conducted a research survey in October 2006 to
evaluate conditions in Macau's sex industry. Although the
survey sample was small, the findings suggest that more than
90 percent of Macau's sex workers were self-employed and
operated independently of control or coercive forces.
However, 53 percent of the respondents said they were treated
with violence by customers and/or police, and 98 percent of
the respondents said they were afraid of calling or reporting
to the police. Similarly, 98 percent of respondents said
they were afraid of being found illegally working in Macau,
in which case they could not continue to earn money.

-- (SBU) According to the MSARG, nine reports of trafficking
in persons had been filed in the first half of 2007. Post
received reports of six confirmed trafficking cases in Macau
involving 17 women during the reporting period (compared to
10 cases involving 17 women, all exploited by the commercial
sex industry, in 2006). There was only one well-documented
case of trafficking in Macau during the previous reporting
period. There apparently is no shortage of women wanting to
work as prostitutes in Macau, and in general there therefore
is little need to lock them up or use forceful or coercive
tactics. (see ref B).


C. (U) Which government agencies are involved in
anti-trafficking efforts and which agency, if any, has the
lead?

-- (SBU) The Macau government gazetted a directive (Order
266/2007) in September that established a "concern committee"
on deterring human trafficking. The committee, titled the
"Human Trafficking Deterrent Measures Concern Committee,"
consists of 12 representatives from the Security,
Administration and Justice, Social Welfare and Culture
departments. Cheong Kwoc Va, the Secretary for Security,
leads the committee and his Head of Office is the managing
coordinator. The Chief Executive has directed that all
government departments should cooperate with the committee's
activities. According to the government gazette (similar to
the U.S. Federal Register),the committee is responsible for:
(1) studying and assessing TIP-related social problems, and
(2) suggesting and supervising each department's efforts to
combat human trafficking. The committee aims to coordinate
and assist the development of measures to prevent trafficking
and protect victims, as well as to assist victims to
reintegrate into society. The directive also tasked the
committee to promote international and regional cooperation
in the fight against trafficking. Finally, the directive
called for a comprehensive review of trafficking-related laws
in Macau, matching them with international standards.

-- (SBU) The committee has met three times since September,
and was scheduled to meet again on February 29. (Note: Post
has yet to confirm that the group met and the agenda for the
meeting. End Note.) The committee's initiatives thus far
included: formalizing the composition of the committee and
coordinating measures between the agencies involved;
overseeing the drafting of a comprehensive new law against
human trafficking, including measures for the protection of
victims; establishing a 24-hour hotline dedicated to
receiving reports of human trafficking; meeting with local
NGOs to evaluate existing victims' assistance measures;
discussions with the Government of Mongolia on anti-TIP
coordination; and, designing and printing anti-trafficking
materials for a public awareness campaign.

-- (SBU) Concern committee members also met with their
counterparts in the Hong Kong government and Disciplined
Services in January, to discuss existing laws and measures in
Hong Kong to prevent and prosecute cases of human
trafficking, as well as methods to protect and support
victims. The coordinator of the concern committee, Vong
Chun-fat, met with Hong Kong's Permanent Secretary for
Security Chang King-yiu, along with representatives from the
Hong Kong Police Force, Department of Justice, and
Immigration and Health departments; they agreed to strengthen
regional cooperation, especially the exchange of
intelligence, against human trafficking (ref C-D).


D. (U) What are the limitations on the government's ability
to address this problem in practice? For example, is funding
for police or other institutions inadequate? Is overall
corruption a problem? Does the government lack the resources
to aid victims?

-- (SBU) Macau continues to experience varying degrees of
"social tension," mainly stemming from a rapidly expanding
economy following the 2002 internationalization of the
gambling industry, and which strains almost all aspects of
life in the MSAR. Furthermore, the government is struggling
to maintain an effective civil service as it loses employees
to better-paid jobs in the entertainment industry/commercial
sector.

-- (SBU) Overall, corruption is not a problem, though Macau's
largest ever corruption trial (not related to TIP) concluded
in late January (ref E).

-- (SBU) Comment: One of Macau's greatest challenges in
recent years has been to channel the MSAR's booming economy
into sustainable social growth. Throughout the reporting
period, several MSARG officials welcomed -- and at times
proactively sought -) assistance from the U.S., the Hong
Kong Government, and NGOs to combat trafficking. End comment.


E. (U) To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?

-- (SBU) Since September 2007, the concern committee has
acted as the vehicle for systematically coordinating the
MSARG's anti-trafficking efforts. In December, after meeting
with local social welfare groups, the committee reportedly
pledged to monitor the efficiency of the government
departments involved in anti-trafficking, protecting victims
and carrying out the government's social rehabilitation
scheme. However, Post is not aware of any comprehensive
self-evaluation or independent assessment of MSARG activities
to date.

INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------


A. (U) Does the country have a law specifically prohibiting
trafficking in persons--both for sexual and non-sexual
purposes (e.g. forced labor)? If so, please specifically
cite the name of the law and its date of enactment and
provide the exact language of the law prohibiting TIP and all
other law(s) used to prosecute TIP cases. Does the law(s)
cover both internal and external (transnational) forms of
trafficking? If not, under what other laws can traffickers
be prosecuted? For example, are there laws against slavery
or the exploitation of prostitution by means of force, fraud
or coercion? Are these other laws being used in trafficking
cases? Please provide a full inventory of trafficking laws,
including non-criminal statutes that allow for civil
penalties against alleged trafficking crimes, (e.g., civil
forfeiture laws and laws against illegal debt).

-- (SBU) In mid-February 2008, Macau authorities, following
consultation in the Executive Council (Cabinet-equivalent),
submitted draft legislation to the Legislative Assembly to
address gaps in the territory's laws related to trafficking.
The bill provides for a new provision (Provision 153-A) to be
added to Macau Criminal Law, and includes major reference to
the types of criminal offenses set forth in the Protocol to
Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, Supplementing the United
Nations Convention Against Transnational Organized Crime and
in the Council Framework Decision on Combating Trafficking in
Human Beings. In other words, new charges are introduced and
the scope of application on human trafficking offenses is
expanded so that the acts of human trafficking are not
limited to those for prostitution, but also include
activities with the purpose of exploitative labor or
services, in particular forced or compulsory labor, slavery,
etc., so as to fulfill the obligations contained in the
conventions of the International Labor Organization that are
applicable to Macau (Convention Nos. 29, 105 and 182).
Likewise, acts of human trafficking with the purpose of
removing human organs or tissues are also established as
criminal acts, and heavier punishment is imposed for
activities that violate the provisions of Macau Law 2/96/M
(Rules to be Observed in Acts Involving Donation, Removal and
Transplant of Human Organs and Tissues). The new law also
does not distinguish between trafficking into, through, or
from Macau, thus inclusively criminalizing all directions of
trafficking that may occur across or within Macau's borders.
Also, regarding international adoption, a perpetrator's act
to obtain or give consent to adoption of a minor by means of
receiving or paying money or other rewards is deemed a
criminal act.

-- (SBU) The new law also stipulates that, by amending
Articles 77 and 78 of the Macau Criminal Procedure Code,
court proceedings related to trafficking crimes must be held
behind closed doors to protect the identities of victims.
The draft law, following a unanimous vote among legislators,
was reportedly referred to a bills committee on February 27
in Macau's Legislative Assembly for study and debate, and as
of this report, remained in the legislative process.
(Comment: The MSARG may pass the new law prior to the public
release of our annual report, and Post will promptly report
any progress. End Comment.)

-- (SBU) Furthermore, in order to effectively combat human
trafficking, the bill sets forth a series of rights of the
victims, including the necessary social and economic aid to
the victims, and guarantees their access to necessary and
appropriate legal, psychological, medical, pharmaceutical
services and accommodation. In the MSARG's "justification
letter" to the legislature, it also stated that (as
translated): "The Government shall take all necessary
measures to protect and help the victims of human
trafficking. The measures include: establishing a protection
plan for victims of human trafficking; setting up a place for
reception of the victims; arousing the public concern about
problems brought about by human trafficking through publicity
campaigns and educational work throughout the community;
publicizing the rights of victims; as well as implementing
training activities and various research works aimed at
understanding the phenomena of human trafficking. In the
event that the life or physical integrity of the victims,
their families or witnesses is endangered, the MSARG shall,
as required by the situation promptly and effectively take
appropriate measures to ensure these persons have access to
protection and assistance."

-- (SBU) As previously reported, Article 7 of the Law on
Organized Crime covers the rare occasion when a person is
trafficked out of Macau, but does not apply to victims
exploited in Macau. The penalty for trafficking in persons
under this law is two to eight years imprisonment. This
increases by one-third, within minimum and maximum limits, if
the victim is less than 18 years of age. If the victim is
under 14 years of age, the penalty is five to fifteen years
imprisonment. (Note: Article 7 of the Law on Organized
Crime, Law No. 6/97/M, will be annulled when the new anti-TIP
law takes effect. End Note.)


B. (U) What are the prescribed penalties for trafficking
people for sexual exploitation? What penalties were imposed
for persons convicted of sexual exploitation over the
reporting period? Please note the number of convicted sex
traffickers who received suspended sentences and the number
who received only a fine as punishment.

-- (SBU) Since most trafficking cases involve prostitution,
by far the most common, and easiest, method of prosecuting
such cases has been under Macau's "procurement" laws.
Although prostitution is legal, the exploitation of
prostitution is illegal and is punishable under various
autonomous statutes. For example, "procurement," defined as
"instigating, favoring or facilitating the practice of
prostitution by another person or exploiting their state of
abandonment or necessity for the purposes of profit or as a
way of life," is punishable by one to five years imprisonment
under Article 163 of the Criminal Code of Macau.
Additionally, aggravated procurement, defined as "the use of
violence, serious threats, or deception, or exploiting the
mental incapacity of a victim," is a separate crime
punishable by two to eight years imprisonment under Article
164 of the Criminal Code of Macau. Macau courts did not
convict any sex traffickers during the reporting period.


C. (U) Punishment of Labor Trafficking Offenses: What are
the prescribed and imposed penalties for trafficking for
labor exploitation, such as forced or bonded labor and
involuntary servitude? Do the government's laws provide for
criminal punishment -- i.e. jail time -- for labor recruiters
in labor source countries who engage in recruitment of
laborers using knowingly fraudulent or deceptive offers that
result in workers being trafficked in the destination
country? Are there laws in destination countries punishing
employers or labor agents in labor destination countries who
confiscate workers' passports or travel documents, switch
contracts without the worker's consent as a means to keep the
worker in a state of service, or withhold payment of salaries
as means of keeping the worker in a state of service? If
law(s) prescribe criminal punishments for these offenses,
what are the actual punishments imposed on persons convicted
of these offenses? Please note the number of convicted labor
traffickers who received suspended sentences andthe number
who received only a fine as punishmen.

-- (SBU) Crimes against personal freedom, mostnotably
slavery, are prosecuted under Article 15 of the Crminal
Code of Macau. This law makes llegal the sale, transfer or
purchase of a perso made with the intention to reduce that
person t the status or condition of slave. Notably, thislaw has also been interpreted to include economic and sexual
exploitation, which is punishable by 10 to 20 years
imprisonment. Prosecutions under this law are rare. Macau
courts did not convict any labor traffickers during the
reporting period.


D. (U) What are the prescribed penalties for rape or forcible
sexual assault? How do they compare to the prescribed
penalties for crimes of trafficking for commercial sexual
exploitation?

-- (SBU) Some trafficking cases can be prosecuted under
Macau's kidnapping and rape laws. Kidnapping with the intent
to commit a crime against sexual liberty or
self-determination is punishable by three to ten years
imprisonment under Article 154(1)(b) of the Criminal Code of
Macau. Cases where the kidnapper rapes a victim are treated
as two different crimes, though the sentences can in some
cases be served concurrently. The penalty for rape is three
to twelve years imprisonment. (Comment: Criminal penalties
for trafficking under the draft law described above closely
approximate the penalties for rape. End Comment.) The
Criminal Code forbids the death penalty and life
imprisonment. The maximum term of imprisonment is thirty
years in total.


E. (U) Is prostitution legalized or decriminalized?
Specifically, are the activities of the prostitute
criminalized? Are the activities of the brothel
owner/operator, clients, pimps, and enforcers criminalized?
Are these laws enforced? IQrostitution is legal and
regulated, what is the legal minimum age for this activity?
Note that in many countries with federalist systems,
prostitution laws may be under state or local jurisdiction
and may differ among jurisdictions.

-- (SBU) There were no changes to the laws relating to
prostitution in Macau during the reporting period.
Prostitution is not illegal in Macau, though a number of
activities associated with prostitution, including "pimping,"
are illegal. Advertisements for sexual services can be found
in regional newspapers and magazines, and are posted on ferry
terminal walls. There are no reliable data on the number of
prostitutes working in Macau, but most come from mainland
China, Russia, Eastern Europe, Thailand, and Vietnam. Most
prostitutes are from rural areas, are typically older than 18
years old, and are usually poorly educated, though not
illiterate. They tend to be very mobile, usually staying in
Macau for about one month before moving to Hong Kong or to
other countries, usually at the expiration of their tourist
visas. Most work in hotels, casinos, or saunas and massage
parlors. Contacts in the Thai Consulate in Hong Kong told us
prostitution in the casinos is normally limited to PRC
nationals and is controlled by ethinically Chinese organized
crime rings.

-- (SBU) In July 2007, the government announced plans to
increase pressure on illegal brothels operating in Macau.
Following a written interpellation by local lawmakers,
Secretary for Administration and Justice Florinda Chan said

SIPDIS
the government carried out 46 joint operations against such
establishments in the first quarter of the year. Apartments
that were suspected of being "illegal inns"--a term used by
authorities to identify a place where prostitutes could be
held against their will to engage in prostitution--were
reported to the Land, Public Works and Transport Bureau,
which in turn verifies the status of the premises.


F. (U) Has the government prosecuted any cases against human
trafficking offenders? If so, provide numbers of
investigations, prosecutions, convictions, and sentences
served, including details on plea bargains and fines, if
relevant and available. Please indicate which laws were used
to investigate, prosecute, convict, and sentence traffickers.
Also, if possible, please disaggregate by type of TIP (labor
vs. commercial sexual exploitation) and victims (children, as
defined by U.S. and international law as under 18 years of
age, vs. adults). Does the government in a labor source
country criminally prosecute labor recruiters who recruit
laborers using knowingly fraudulent or deeptive offers or
impose on recruited laborers inppropriately high or illegal
fees or commissions that create a debt bondage condition for
the labore? Does the government in a labor destination
contry criminally prosecute employers or labor agents who
confiscate workers' passports/travel documents, switch
contracts or terms of employment without the worker's
consent, use physical or sexual abuse or the threat of such
abuse to keep workers in a state of service, or withhold
payment of salaries as a means to keep workers in a state of
service? Are the traffickers serving the time sentenced? If
not, why not? Please indicate whether the government can
provide this information, and if not, why not?

-- (SBU) The MSARG told us that nine reports of sex
trafficking, and no reports of labor trafficking, had been
filed in the first half of 2007. Post received reports of
five confirmed sex trafficking cases in Macau involving 14
women during the reporting period (compared to 10 cases
involving 17 women, all exploited by the commercial sex
industry, in 2006). Additionally, one case of labor
trafficking was reported in July, involving three 14-year-old
girls employed in a massage parlor. (Comment: There was no
evidence that the underaged girls in the massage parlor,
among 52 mainland women who worked there, engaged in
prostitution. End Comment.) The owners of the establishment
were charged with employing illegal laborers, and the victims
were handed over to mainland authorities.

-- (SBU) The Public Prosecutions Office prosecuted its first
case of international human trafficking, under Article 7 of
the Law on Organized Crime, in January 2008. The case was
passed to the court and the suspect is awaiting trial (ref C).


G. (U) Does the government provide any specialized training
for government officials in how to recognize, investigate,
and prosecute instances of trafficking? Specify whether
NGOs, international organizations, and/or the USG provide
specialized training for host government officials.

-- (SBU) As reported last year, one corporate security
official told us the MSARG/police were generally in need of
training. Furthermore, a senior Macau police official
expressed his hope that Macau could work with the USG to
"expand our exchange and training efforts" related to
trafficking. (Note: See the section below on MIGRAMACAU
described in Protection. End note.) Members of the concern
committee, when they met with their counterparts in Hong
Kong, discussed Hong Kong Disciplined Services' enforcement
measures, including entry-exit administration and protection
and support to victims. Post is not aware of any efforts
made by the authorities in Macau to enhance their ability to
prosecute trafficking crimes.


H. (U) Does the government cooperate with other governments
in the investigation and prosecution of trafficking cases?
If possible, can post provide the number of cooperative
international investigations on trafficking during the
reporting period?

-- (SBU) MSARG officials reportedly met with officials from
the Government of Mongolia's (GoM) Ministry of Foreign
Affairs and Mongolia-based NGOs in June 2007 to discuss ways
to prevent trafficking in persons from Mongolia into Macau,
based on unsubstantiated reports that as many as 300
Mongolian sex-workers were operating in, or possibly had been
trafficked into, Macau, as of early 2007. The GoM reportedly
also met with MSARG officials to discuss the establishment of
a Mongolian Consulate in Macau that, among other things,
would facilitate anti-trafficking measures.

-- (SBU) Several police and Immigration Department officials
have described the "good relations" between Macau, Guangdong,
and Hong Kong authorities in dealing with trafficking cases,
as well as the MSAR authorities' success in working with
INTERPOL. Post, however, is not aware of the number of
cooperative investigations during the reporting period.

-- (SBU) In addition to the joint Macau-Hong Kong efforts
noted above, authorities in both jurisdictions have agreed to
work together to strengthen regional and international
cooperation against trafficking, especially including the
exchange of criminal intelligence related to human
trafficking networks.


I. (U) Does the government extradite persons who are charged
with trafficking in other countries? If so, can post provide
the number of traffickers extradited during the reporting
period? Does the government extradite its own nationals
charged with such offenses? If not, is the government
prohibited by law from extraditing its own nationals? If so,
what is the government doing to modify its laws to permit the
extradition of its own nationals?

-- (SBU) Post is not aware of any cases during the reporting
period in which Macau extradited an alleged trafficker.
However, Macau is committed to pursuing international
cooperation in law enforcement and has been expanding its
network of bilateral agreements on legal cooperation in
criminal matters with other jurisdictions. Domestic
legislation for the implementation of these agreements is in
place.


J. (U) Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.

-- (SBU) There is no confirmed evidence of government
involvement in trafficking at any level. In October, a
police officer was reportedly arrested after he blackmailed
two prostitutes for "protection" fees. The case was
delivered to the Public Prosecutions Office, but Post has not
yet received any information on the status of the
investigation or trial.


K. (U) If government officials are involved in trafficking,
what steps has the government taken to end such
participation? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related corruption during the
reporting period. Have any been convicted? What sentence(s)
was imposed? Please specify if officials received suspended
sentences, were given a fine, fired, or reassigned to another
position within the government as punishment. Please provide
specific numbers, if available. Please indicate the number
of convicted officials that received suspended sentences or
received only a fine as punishment.

-- (SBU) Aside from the case mentioned immediately above,
there was no confirmed reports of Government officials that
facilitated, condoned, or were otherwise complicit in
trafficking activities. Anti-bribery and anti-corruption
laws are also strictly enforced.


L. (U) As part of the new requirements of the 2005 TVPRA, for
countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engage in or
facilitate severe forms of trafficking or who exploit victims
of such trafficking.

-- (SBU) Macau did not contribute troops to international
peacekeeping efforts during the reporting period.


M. (U) If the country has an identified child sex tourism
problem (as source or destination),how many foreign
pedophiles has the government prosecuted or deported/ed to
their country of origin? What are the countries of origin
for sex tourists? Do the country's child sexual abuse laws
have extraterritorial coverage (similar to the U.S. PROTECT
Act)? If so, how many of the country's nationals have been
prosecuted and/or convicted under the extraterritorial
provision(s) for traveling to other countries to engage in
child sex tourism?

-- (SBU) Macau did not have an identified child sex tourism
problem and did not have any cases of child sex tourism
during the reporting period.

PROTECTION AND ASSISTANCE TO VICTIMS
--------------


A. (U) Does the government assist foreign trafficking
victims, for example, by providing temporary to permanent
residency status, or other relief from deportation? If so,
please explain.

-- (SBU) Macau continued to lack sufficient institutionalized
protections for victims of trafficking, though the new draft
legislation addresses this. As reported last year, Macau's
Social Welfare Institute offers interview, identification,
and counseling services, as well as shelter, for possible
victims of forced/coerced sexual servitude.

-- (SBU) The Macau government provides assistance to victims
of violent crimes, including trafficking victims, as provided
for in Law 6/98/M, and the government told us that the
concern committee was considering new forms of assistance to
victims, though they did not provide further details on the
types or extent to which assistance would be granted. The
government also provides repatriation funds to those who wish
to return to their home countries but cannot afford tickets,
including those who claim to be victims of abuse or
trafficking. In addition, the draft anti-human trafficking
legislation in Macau is poised to specify the rights and
safeguards of, and aids to, all victims of human trafficking,
including free legal aid, police protection and privacy
protection for minors involved in trafficking cases.
Specifically, the draft bill states that victims have the
following rights (pertaining to foreign victims, in addition
to others listed in the question immediately following):
(1) To immediately notify embassies, consulates or
official representatives of the countries or regions of
origin of the victims;
(2) To gain appropriate protection (including a variety
of police protection measures);
(3) To stay in Macau during the period when measures
related to the criminal case in which they are victims are
implemented;
(4) To gain legal protection, including legal counsel
and assistance;
(5) To gain appropriate interpreters or assistance from
interpreters throughout the prosecution process if the
victim(s) do not understand or are unfamiliar with any formal
language in the Macau SAR;
(6) If the victim lacks the economic or social means,
the Social Welfare Institute will provide the social aids
necessary for returning to the countries or regions to which
the victims belong
(7) To become auxiliaries and/or parties involved in
criminal cases; and
(8) When the safety or physical completeness of victims,
their family members or witnesses are endangered, the
judicial and criminal police authorities, as well as related
public departments -- as necessary under the circumstances --
instantly and effectively should take all appropriate
measures to ensure that victims are protected and assisted;
if these victims are not Macau residents, the necessary
cooperative mechanism should be initiated so that the
countries or regions these victims belong to can provide
corresponding protection and assistance.


B. (U) Does the country have victim care facilities which are
accessible to trafficking victims? Do foreign victims have
the same access to care as domestic trafficking victims?
Does the country have specialized facilities dedicated to
helping victims of trafficking? If so, can post provide the
number of victims placed in these care facilities during the
reporting period? What is the funding source of these
facilities? Please estimate the amount the government spent
(in U.S. dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the reporting
period. Does the government provide trafficking victims with
access to legal, medical and psychological services? If so,
please specify the kind of assistance provided, and the
number of victims assisted, if available.

-- (SBU) Macau continued to lack adequate protections for
victims of trafficking in practice, and did not offer a
dedicated shelter for the protection and support of victims.
As noted above, Macau's Social Welfare Institute offers
interview, identification, and counseling services, as well
as shelter, for possible victims of forced/coerced sexual
servitude.

-- (SBU) Macau's new legislation, in addition to those
protections listed above, includes comprehensive protections
for victims (listed below),and states in general that "the
government is duty bound to take all necessary measures for
safeguarding and aiding victims of human trafficking."
(1) Create a confidential plan for the free protection
of victims to ensure that victims have an appopriate place to
live on an interim basis and to guarantee that the victims
are safe and have access to necessary and appropriate
psychological, medical, social, economic and legal assistance;
(2) Assign places to receive victims (including
providing for the free flow of information related to
victims' rights);
(3) Sign cooperation agreements with public or private
entities that help or house victims; and
(4) When the safety or physical completeness of victims,
their family members or witnesses are endangered, the
judicial and criminal police authorities, as well as related
public departments -- as necessary under the circumstances --
instantly and effectively should take all appropriate
measures to ensure that victims are protected and assisted;
if these victims are not Macau residents, the necessary
cooperative mechanism should be initiated so that the
countries or regions these victims belong to can provide
corresponding protection and assistance.


C. (U) Does the government provide funding or other forms of
support to foreign or domestic NGOs and/or international
organizations for services to trafficking victims? Please
explain and provide any funding amounts in U.S. dollar
equivalent. If assistance provided is in-kind, please
specify exact assistance. Please explain if funding for
assistance comes from a federal budget or from regional or
local governments.

-- (SBU) Post is not aware of efforts on the part of the
Macau Government to provide funding to NGOs for services to
victims. The authorities did, however, provide contact
information directly to at least one women's shelter in Macau
in the event that a trafficking victim arrived there.


D. (U) Do the government's law enforcement, immigration, and
social services personnel have a formal system of proactively
identifying victims of trafficking among high-risk persons
with whom they come in contact (e.g., foreign persons
arrested for prostitution or immigration violations)? What
is the number of victims identified during the reporting
period? Has the government developed and implemented a
referral process to transfer victims detained, arrested or
placed in protective custody by law enforcement authorities
to institutions that provide short- or long-term care? How
many victims were referred for assistance by law enforcement
authorities during the reporting period?

-- (SBU) As described in last year's report, according to the
Macau Government's International Law Office, the Government's
typical response to a trafficking complaint is: 1) police
investigate and the victim is sent to a shelter; 2) a
Government prosecutor investigates and, depending on what is
found, a court case may be filed; or 3) the victim is offered
assistance to return to her home country at the expense of
the Macau government. Officials noted that this last step
often makes the case more difficult to prosecute if the
victim does not return for the trial, but the Macau
government provides this assistance for the physical and
emotional protection of the victim. Officials also noted
that, after repatriation, some prostitutes returned to Macau
and engaged in prostitution again. The official said that
most prostitutes working in Macau were "professionals" who
knew the trafficking laws and also knew that the Government
would buy them a ticket home if they claimed they were forced
into prostitution. The official also claimed that many such
"victims" would return to Macau a few months later.


E. (U) For countries with legalized prostitution: does the
government have a mechanism for screening for trafficking
victims among persons involved in the legal/regulated
commercial sex trade?

-- (SBU) The authorities in Macau have begun to use
aggressive law enforcement actions -- including regular
anti-vice raids and prompt law enforcement measures following
reports of organized prostitution -- to screen trafficking
victims out of the substantial commercial sex trade there.
As noted above, in July 2007, the government announced plans
to increase pressure on illegal brothels operating in Macau.
Following a written interpellation by local lawmakers,
Secretary for Administration and Justice Florinda Chan said

SIPDIS
the government carried out 46 joint operations against such
establishments in the first quarter of the year. Apartments
that were suspected of being "illegal inns"--a term used by
authorities to identify places where prostitutes could be
held against their will to engage in prostitution--were
reported to the Land, Public Works and Transport Bureau,
which in turn verifies the status of the premises.


F. (U) Are the rights of victims respected? Are trafficking
victims detained or jailed? If detained or jailed, for how
long? Are victims fined? Are victims prosecuted for
violations of other laws, such as those governing immigration
or prostitution?

-- (SBU) Government programs, as well as charitable
organizations, provide assistance and shelter to women and
children who have been the victims of abuse, including
trafficking. A representative from one NGO repeatedly told
us that throughout the year, in those cases where trafficking
victims sought help from the police, the police--especially
the Judicial Police--did "a good job" of dealing with the
problem; however, the CTWA survey published in October 2006
suggests that many prostitutes fear interaction with police.
We have not seen any reports of victims being fined, jailed
or deported solely for being a victim of trafficking,
although related crimes have, at times, been cause for
detention and/or prosecution.


G. (U) Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file
civil suits or seek legal action against traffickers? Does
anyone impede victim access to such legal redress? If a
victim is a material witness in a court case against a former
employer, is the victim permitted to obtain other employment
or to leave the country pending trial proceedings? Are there
means by which a victim may obtain restitution?

-- (SBU) Post is not aware of any cases whereby the
government encouraged victims to assist in the investigation
and prosecution of trafficking, but we are similarly unaware
of cases where victims were impeded or denied access to legal
redress.


H. (U) What kind of protection is the government able to
provide for victims and witnesses? Does it provide these
protections in practice? What type of shelter or services
does the government provide? Are these services provided
directly by the government or are they provided by NGOs or
IOs funded by host government grants? Does the government
provide shelter or housing benefits to victims or other
resources to aid the victims in rebuilding their lives?
Where are child victims placed (e.g., in shelters, foster
care, or juvenile justice detention centers)? What is the
number of victims assisted by government-funded assistance
programs during the reporting period? What is the number of
victims assisted by non government-funded assistance
programs? What is the number of victims that received
shelter services during the reporting period?

-- (SBU) Please refer to paras A-C above.


I. (U) Does the government provide any specialized training
for government officials in identifying trafficking victims
and in the provision of assistance to trafficked victims,
including the special needs of trafficked children? Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries? Does it urge those
embassies and consulates to develop ongoing relationships
with NGOs and IOs that serve trafficked victims? What is the
number of trafficking victims assisted by the host country's
embassies or consulates abroad during the reporting period?
Please explain the level of assistance. For example, did the
host government provide travel documents for the victim to
repatriate, did the host government contact NGOs in either
the source or destination countries to ensure the victim
received adequate assistance, did the host government pay for
the transportation home for a victim's repatriation, etc.

-- (SBU) As noted in last year's report, the MIGRAMACAU
program, which included training courses and seminars for
various social welfare and law enforcement officials (reftel
B),formed the bulk of specialized anti-trafficking training
in Macau. Macau does not have diplomatic missions abroad.


J. (U) Does the government provide assistance, such as
medical aid, shelter, or financial help, to its nationals who
are repatriated as victims of trafficking?

-- (SBU) Macau is not a country of origin for internationally
trafficked men, women, or children.


K. (U) Which international organizations or NGOs, if any,
work with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
authorities? How much funding (in U.S. Dollar Equivalent)
did NGOs and international organizations receive from the
host government for victim assistance during the reporting
period? Please disaggregate funding for prevention and
public awareness efforts from victim assistance funding.
NOTE: If post reports that a government is incapable of
providing direct assistance to TIP victims, please assess
whether the government ensures that TIP victims receive
access to adequate care from other entities. Funding,
personnel, and training constraints should be noted, if
applicable. Conversely, the lack of political will in a
situation where a country has adequate financial and other
resources to address the problem should be noted as well.

-- (SBU) The Good Shepherd Sisters' Shelter in Macau has
embraced efforts to combat trafficking in Macau, but lacks
the facilities and staff necessary to assist with any serious
cases of international human trafficking. In December 2007,
the concern committee met with representatives from the
General Union of the Inhabitants Associations of Macau
(UGAMM),the Federation of the Womens' Associations of Macau,
and Macau Caritas, all of whom pledged to give their support
to the committee's work, and increase cooperation and
communication with the committee.

PREVENTION
--------------


A. (U) Does the government acknowledge that trafficking is a
problem in the country? If not, why not?

-- (SBU) Yes, the Macau government acknowledges that
trafficking is a problem there. The Consul General regularly
met with Macau Government Chief Executive Edmund Ho, and
G/TIP visitors and Consulate officers met with various Macau
officials, including the chief executive. In those contacts,
we consistently heard that, despite an admitted hesitation to
tackle the problem in years past, the Macau government now is
committed to and aggressively addressing the problem (reftels
F-G).


B. (U) Are there, or have there been, government-run
anti-trafficking information or education campaigns conducted
during the reporting period? If so, briefly describe the
campaign(s),including their objectives and effectiveness.
Please provide the number of people reached by such awareness
efforts if available. Do these campaigns target potential
trafficking victims and/or the demand for trafficking (e.g.
"clients" of prostitutes or beneficiaries of forced labor)?

-- (SBU) The concern committee, in an effort to enhance
educational campaigns and to increase public awareness of
trafficking, published brochures and other materials that
were displayed at border checkpoints and hospitals. The
brochures, copies of which Post has seen at the Macau Ferry
Terminal, a major thoroughfare for visitors from the mainland
and Hong Kong, are entitled "Stop Human Trafficking" and
include language (in Chinese, Portuguese and English) stating
that: "Human trafficking is modern-day slavery...(and) is one
of the most serious crimes in the world." The brochure also
advertises the recently established hotline (tel.
853-2888-9911),dedicated to taking reports of human
trafficking in Macau. (Note: A scanned copy of this
brochure will be emailed to G/TIP, EAP/CM and EAP/RSP. End
Note.)


C. (U) What is the relationship between government officials,
NGOs, other relevant organizations and other elements of
civil society on the trafficking issue?

-- (SBU) Coordination between the MSARG and NGOs, including
provision of social welfare services related to trafficking,
is not well-developed, principally because of a lack of
helping agencies engaged in the trafficking issue, but it did
occur. As noted above, in December 2007, the concern
committee met with representatives from the General Union of
the Inhabitants Associations of Macau (UGAMM),the Federation
of the Womens' Associations of Macau, and Macau Caritas, all
of whom pledged to give their support to the committee's
work, and increase cooperation and communication with the
committee.


D. (U) Does the government monitor immigration and emigration
patterns for evidence of trafficking? Do law enforcement
agencies screen for potential trafficking victims along
borders?

-- (SBU) Macau has effective immigration controls, but its
long border with Mainland China makes illegal immigration a
continuing problem. Macau has land border control points
with the PRC and an international airport with regional
flights to China, Bangkok, Manila, Singapore, Taipei and
Moscow. Ferries land regularly from Hong Kong, Zhuhai, and
Shenzhen. It is a common practice for prostitutes to go back
and forth across the Chinese border, and probably between
Hong Kong and Macau, when their visas expire in order to get
new visas and continue to work. Macau immigration
authorities try to control such activity, and often refuse to
issue new visas if they suspect abuse. However, the
increasing volume of visitors attracted by Macau's booming
casino industry makes it easier for people to enter
illegally, or for illicit purposes.

-- (SBU) Macau allows visa-free access for nationals of many
countries to facilitate tourism. For citizens of
non-visa-free countries, including Russia, visas can be
obtained on arrival. Immigration officers do not admit
people they believe are entering for illegal employment, but
they do not routinely refuse entry by targeting certain
groups of travelers from specific countries. Macau officials
have made efforts to work with other governments,
particularly the PRC central government, to develop a list of
those known to be practicing prostitution, making it more
difficult for those persons to get passports and exit permits
from their home governments and visas for Macau.


E. (U) Is there a mechanism for coordination and
communication between various agencies, internal,
international, and multilateral on trafficking-related
matters, such as a multi-agency working group or a task
force? Does the government have a trafficking in persons
working group or single point of contact? Does the
government have a public corruption task force?

-- (SBU) As noted above, the concern committee on deterring
human trafficking, established in September 2007, consists of
12 representatives from the Security, Administration and
Justice, and Social Affairs and Culture departments. Cheong
Kwoc Va, the Secretary for Security, leads the committee and
his Head of Office is the managing coordinator. Chief
Executive Edmund Ho has directed that all government
departments should cooperate with the committee's activities.
According to the government gazette (similar to the U.S.
Federal Register),the committee is responsible for: (1)
studying and assessing TIP-related social problems; and (2)
advising and supervising each department's efforts to combat
human trafficking. The committee aims to coordinate and
assist the development of measures to prevent trafficking and
protect victims, as well as to assist victim reintegration
into society. The directive also tasked the committee to
promote international and regional cooperation in the fight
against trafficking. Finally, the directive called for a
comprehensive review of trafficking-related laws in Macau,
matching them with international standards. (Note: See
response above related to cooperation between Macau and Hong
Kong authorities to combat human trafficking. End Note.)

-- (SBU) The Commission Against Corruption (CCAC) in Macau,
modeled after Hong Kong's Independent Commission Against
Corruption (ICAC),was re-established under Article 59 of
Macau's Basic Law at the 1999 handover from Portugal to the
PRC (ref H). According to its website
(http://www.ccac.org.mo/en/),the CCAC is "an organization
dedicated to combating corruption and handling administrative
redress." The CCAC is comprised of two functional bureaus:
(1) the Anti-Corruption Bureau, and (2) the Ombudsman Bureau.
Macau Law No. 10/2000 further details the powers and
organization of the CCAC.


F. (U) Does the government have a national plan of action to
address trafficking in persons? If so, which agencies were
involved in developing it? Were NGOs consulted in the
process? What steps has the government taken to disseminate
the action plan?

-- (SBU) The government has not yet published a plan of
action for the special administrative region to address
trafficking in persons. (Comment: The concern committee has
thus far actively coordinated anti-TIP measures across the
MSARG, and in effect, Macau's draft law represents the
beginning of a broader plan of action to combat human
trafficking there. Post will continue to track Macau's
development of a comprehensive anti-TIP plan. End Comment.)

G: (U)
For all posts: As part of the new criteria added to the
TVPA's minimum standards by the 2005 TVPRA, what measures has
the government taken during the reporting period to reduce
the demand for commercial sex acts?

-- (SBU) As noted above, the government took steps to improve
public awareness about trafficking in persons, and
aggressively investigated reports of organized prostitution
in an effort to proactively screen, identify and protect
victims of trafficking.


H. (U) Required of Posts in EU countries and posts in Canada,
Australia, New Zealand, Japan, China, Singapore, South Korea,
Taiwan, and Hong Kong: As part of the new criteria added to
the TVPA's minimum standards by the 2005 TVPRA, what measures
has the government taken during the reporting period to
reduce the participation in international child sex tourism
by nationals of the country?

-- (SBU) The government did not make any discernable effort
to reduce participation of Macau citizens in international
child sex tourism.


5. (U) Post point of contact is poloff Matthew Tyson, tel.
(852)2841-2139, fax (852)2526-7382; unclass email:
tysonmr@state.gov.


6. (U) Hours required to prepare the report:
FS4 - 180
FS2 - 35
FS1 - 45
Cunningham