MALAYSIA SEEKS USG EXPERTISE ON COMBATING TIP

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 001073

SENSITIVE
SIPDIS

FOR EAP/MTS, EAP/RSP, AND G/TIP

E.O. 12958: N/A
TAGS: PREL PHUM KTIP KCRM KJUS MY
SUBJECT: MALAYSIA SEEKS USG EXPERTISE ON COMBATING TIP

REF: A. KUALA LUMPUR 1017 - INTERIM TIP ASSESSMENT

B. KUALA LUMPUR 1010 - DEPUTY PRIME MINISTER HEARS
TIP CONCERNS

C. KUALA LUMPUR 955 - NEW TIP SECRETARIAT

D. KUALA LUMPUR 934 - AMBASSADOR'S LETTERS

E. KUALA LUMPUR 880 - TIP ACTION PLAN DELIVERED

F. KUALA LUMPUR 799 - STAFFDEL DISCUSSES
TRAFFICKING OF BURMESE

G. KUALA LUMPUR 653 - AMBASSADOR MEETS HUMAN
RESOURCE MINISTER

H. KUALA LUMPUR 448 - AMBASSADOR MEETS WOMEN'S
MINISTER

I. KUALA LUMPUR 392 - AMBASSADOR MEETS WITH AG

J. 07 KUALA LUMPUR 01568 - GOM UPDATES ON TIP

K. REQUESTS TRAINING

L. EMAIL GALLEGO TO BISCHOF 12 NOV 2008 - MEETING
WITH AG OFFICIALS

SUMMARY AND COMMENT
--------------


1. (SBU) Government of Malaysia (GOM) ministries and
agencies with responsibility for combating trafficking in
persons (TIP) in recent months have increasingly requested
U.S. expertise to guide policy and build GOM's anti-TIP
capacity in the framework of Malaysia's comprehensive
anti-trafficking law. The GOM is able and willing to fund
training events, but GOM requests have been limited to U.S.
experts. The expertise sought by the GOM includes TIP victim
identification; victim counseling, shelter operations, and
best practices in investigating, prosecuting, and judging
criminal cases against traffickers. Action request: Post
requests the Department and relevant agencies identify ways
in which the USG can provide relevant expertise.


2. (SBU) Comment: The GOM's current interest in accepting
U.S. expertise and sharing TIP information represents an
advance in our efforts to re-engage the GOM on TIP following
the June 2007 Tier 3 ranking. Sharing U.S. expertise with
Malaysia would provide important benefits to U.S.
anti-trafficking goals by providing guidance to Malaysia on
enforcement of the TIP law while still at an early stage,
increasing Malaysian anti-trafficking skills, and building
U.S. contacts with anti-TIP agencies. End Summary and
Comment.

GOM Responds Positively to Embassy's Efforts
--------------


3. (SBU) Malaysia's comprehensive anti-trafficking in
persons law came into full force on February 28, 2008. Since
then, GOM agencies have increasingly focused on capacity
building in order to be able to enforce the law. In recent
months, we witnessed a shift in GOM willingness to share
information on implementation issues and training needs.
Over the past six weeks, Polcouns and Poloff conducted a
series of meetings with GOM officials, including with the new
TIP Secretariat (on October 23),Women's Ministry (on
November 11 and 17),and the Attorney General's Office
(November 12 and 15). Carol Chew, Private Secretary to the
Women's Minister, told Poloff that ministries now have
official permission to share more information on GOM efforts
to combat TIP and to seek and/or accept USG offers to provide
subject matter experts on TIP.


4. (SBU) Mohamed Yusof, Head of Prosecution Division in the
Attorney General's Office (AGO),told Polcouns the AGO sought
U.S. expertise for training prosecutors and judges. The AGO
hosted an inter-agency seminar on TIP November 14-16, during
which Poloff made a presentation on U.S. best practices and
the AGO screened two TIP videos (MTV's EXIT video for
Southeast Asia and the G/TIP video "Not My Life") that Post
provided. FSN Political Assistant observed a Royal Malaysian
Police (RMP) TIP workshop held 28-30 October, during which
police officials inquired about available training from U.S.
experts. Police have made similar requests to Legatt. Under
Secretary Ahmad Ismail, head of the new TIP Secretariat in
the Home Ministry, informed Polcouns and Poloff during an
October 23 meeting the GOM was interested in working with us
to build GOM capacity to combat TIP.

Priorities
--------------


5. (SBU) GOM ministries and departments tasked with
combating TIP face many challenges, including identifying and
assisting victims, building capacity, changing operational
paradigms, and raising awareness regarding TIP crimes and the

KUALA LUMP 00001073 002 OF 002


new law. Based on GOM requests and our experience, we
summarize below the training priorities for the Malaysian
government for which U.S. expertise would be highly
beneficial.

-- Victim Identification: Malaysia's law enforcement
agencies, the AGO, and Women's Ministry all requested experts
on TIP victim identification. The AGO specifically asked for
subject matter experts for its magistrates, who are
responsible for certifying a TIP victim. Providing experts
on topics like initial screening methods and follow-up
interviews would address existing gaps in key proficiencies.

-- Investigation: GOM representatives repeatedly told Emboffs
that law enforcement agencies lack the experience to conduct
TIP investigations. Experts able to provide training on TIP
investigative techniques and best practices could help
provide fundamental skills required for successful arrests
and future prosecutions.

-- Prosecution: Current prosecutions are witness dependent
and not evidence-driven. Experts that can provide expanded
methods and strategies for successfully prosecuting TIP cases
are essential to Malaysia's efforts in combating trafficking.

-- Victim Services: The Women's Ministry is interested in
training from experts on operating TIP shelters and providing
basic services and counseling to TIP victims. The ministry
recently opened a shelter in East Malaysia and plans to open
additional shelters. Having subject matter experts provide
the requested training could facilitate the training of
current and future ministry officers dedicated to combating
TIP.


4. (SBU) The training sought focuses on effectively
implementing the anti-TIP law and getting Malaysia up to
international standards. From our conversations with GOM
representatives, we clearly share the same objective. Senior
officials, such as Attorney General Gani, also seek to change
existing paradigms so that officials understand the dynamics
of trafficking and are better able to engage the issue.

Action Request
--------------


5. (SBU) Post requests the Department and relevant
Washington agencies identify ways in which the USG can meet
GOM requests for U.S. expertise and thereby strengthen
Malaysia's anti-TIP policies and actions.

KEITH