G/TIP REPORTING OFFICER VISITS MALAYSIA

UNCLAS SECTION 01 OF 03 KUALA LUMPUR 000200

SIPDIS

SENSITIVE
SIPDIS

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

E.O. 12958: N/A
TAGS: PHUM PGOV PREL KCRM MY
SUBJECT: G/TIP REPORTING OFFICER VISITS MALAYSIA

REF: A. KUALA LUMPUR 97 - MATTAR DISCUSSES NEW TIP LAW

B. KUALA LUMPUR 52 - SEEK U.S. SPEAKERS ON TIP

C. 07 KUALA LUMPUR 1731 - CATHOLIC CHURCH ANTI-TIP
EFFORTS

D. 07 KUALA LUMPUR 1730 - TIP ACTION PLAN DELIVERED
TO MALAYSIA

Summary
--------------


1. (SBU) G/TIP reporting officer Sally Neumann visited
Malaysia from February 11-13, during which she met with
Government of Malaysia (GOM) officials and representatives
from civil society, including representatives from the
Catholic Church in East Malaysia. The meetings were
fruitful, providing us with new information regarding the GOM
and civil society's efforts to combat trafficking. The new
National Anti-trafficking Council and responsible government
ministries are fully engaged in preparing to implement the
law. GOM officials emphasized combating TIP was a priority
and provided examples of the efforts already taken by the
GOM. Neumann met with representatives from the Catholic
Church in East Malaysia. The Church continues to assist NGOs
and diplomatic missions shelter and repatriate rescued TIP
victims, including coordinating reception of victims by
Church representatives in victims' home countries for
follow-up assistance. Neumann visited shelters run by the
Indonesian Embassy and the local NGO, Women's Aid
Organization (WAO). Both admit trafficking victims to their
shelters. Neumann's visit illustrates GOM and civil society
commitment to confront TIP in Malaysia. Post will continue
to pursue opportunities to work with civil society and GOM to
advance on-going efforts to fight trafficking and implement
the new anti-TIP law. Subsequent to Neumann's visit, GOM put
the anti-TIP law into force on February 28, including the
opening of two government-operated TIP victims' shelters.
End Summary.

GOM Says TIP a Priority
--------------


2. (SBU) On 12 February, Neumann met with representatives
from the key ministries sitting on Malaysia's new National
Anti-trafficking Council. Undersecretary Bala Chandran from
the Ministry of Foreign Affairs chaired the meeting; other
ministries represented were the Women's Ministry, Ministry
for Internal Security (MIS),Ministry for Home Affairs,
Attorney General's Chambers, and the Royal Malaysian Police.
Bala Chandran was very interested in USG views on trafficking
for labor, specifically if we distinguished between labor
trafficking and labor contract disputes. He stated the GOM's
position regarding migrant workers with contract problems was
that such issues could often be resolved via labor dispute
procedures rather than using the TIP law. Neumann pointed
out that the USG also recognized distinctions between labor
dispute and trafficking, but that egregious cases of
exploitation including debt bondage, contract switching,
physical and sexual abuse, and involuntary servitude were
criminally prosecuted in the U.S. Neumann provided the
members of the Anti-Trafficking Council copies of the USDOJ
produced report on anti-trafficking efforts in the U.S. that
included statistics and information concerning labor
trafficking cases.


3. (SBU) Bala Chandran stated combating TIP is a priority
for the GOM. He pointed to the rapid drafting, adoption, and
gazetting of Malaysia's new anti-TIP law within a span of
less than six months. Bala Chandran addressed the efforts
the GOM undertook since the law's passage to implement it.
He highlighted three meetings held by the newly formed
National Anti-TIP Council, which is reviewing administrative
procedures necessary for implementing the law. The Council
established three committees, covering legislation, law
enforcement, and protection and prevention to address the
specific requirements for each element of the new law. The
committees' responsibilities include developing standard
operating procedures and processes. Bala Chandran reported
the committees are in the last stages of making the law
operational. He also reiterated GOM's intent to accede to
the United Nation's Protocol to Prevent, Suppress, and Punish
Trafficking in Persons, Especially Women and Children. To
this effect, the Ministry of Internal Security will deliver
recommendations to the Cabinet recommending acceding to the
protocols.


4. (SBU) Bala Chandran addressed the status of GOM's TIP
victim shelters, indicating the Women's Ministry made major
progress towards making the initial two shelters operational.
The Ministry's shelters both have a 45-person capacity, with
one shelter designated for woman and the other for children.

KUALA LUMP 00000200 002 OF 003


The Women's Ministry announced it is planning six more
shelters throughout Malaysia. (Note: The Anti-TIP law went
into force on February 28, including the opening of two
government-operated TIP victims' shelters. End note.)


GOM uses penal code as a stopgap
--------------


5. (SBU) Bala Chandran presented to Neumann various actions
taken by GOM utilizing the penal code, Emergency Ordinance
(EO),and Restrictive Residence Act (RR) to combat
trafficking. He said the Attorney General's Chambers uses
the EO and RR to confine known and suspected traffickers when
police and prosecutors lacked enough evidence for a
conviction. In 2007, GOM confined 55 traffickers under EO
(21) and RR (34). (Comment: One of the Malaysian Royal
Police's (RMP) major weakness is its low proficiency for
collecting and managing evidence. Often, both police and
prosecutors depend on eyewitness testimony, rather than
physical evidence, to win a conviction. Post is working with
the RMP to provide training that increases evidence
collection and management skills. End comment.)

SUHAKAM Active on the National Council
--------------


6. (SBU) On 11 February, Neumann met with Rafidah binta
Yahya, a Principal Assistant Secretary for Malaysia's Human
Rights Commission, SUHAKAM. During the meeting, Rafidah
outlined SUHAKAM's role on the National Anti-TIP Council.
SUHAKAM is the first of up to three NGOs that can sit as a
full member on the council. SUHAKAM developed the draft
national action plan, which is being reviewed by the MIS for
adoption. As part a national campaign, SUHAKAM is developing
methods to increase public awareness of trafficking and
increase Malaysia's involvement with regional efforts to
confront TIP. She also informed Neumann about ongoing
training efforts sponsored by SUHAKAM, such as workshops on
trafficking and human rights for government agencies.
Rafidah pointed out SUHAKAM's 2007 human rights report
included trafficking for the first time.

Meeting With Catholic Church in Sabah
--------------


7. (SBU) On February 13, Neumann met with representatives of
the Catholic Church in the East Malaysian state of Sabah.
Leading the delegation was Dominic Lim, Coordinator for the
Diocese's Human Development Committee and Sr. Josephine,
Program Manager for the Sisters of the Good Shepherd. The
Good Shepherds regularly work with NGOs and diplomatic
missions to assist victims during repatriation. Sr.
Josephine described how they provide temporary shelter for
victims in Malaysia and coordinate with members of their
order in the victim's home country to assist victims upon
their return with a range of services, including shelter and
counseling. Dominic Lim is the point of contact for a G/TIP
recommended project through the International Catholic
Migration Commission covering Sabah and the Indonesia's West
Kalimantan. He discussed existing programs and strategies
for increasing public awareness, including sponsoring the
screening of TIP documentaries at private schools and other
venues (reftel C).

Shelter Visits
--------------


8. (SBU) Neumann visited shelters operated by the Indonesian
Embassy and WAO on 11 February. The Indonesian shelter,
located on the Embassy's compound, recently completed a
series of renovations. The shelter's base capacity is 50 -
70 persons. When Neumann visited, there were 65 individuals,
including two newborn babies, residing at the shelter. The
shelter's population includes abused domestic workers,
trafficking victims, and other Indonesian citizens needing
help. Slamet Noegroho, Consular Officer for the Indonesian
Embassy, explained lengths of stay varied for each person.
For long-term cases, the embassy assists a person by
providing jobs on the compound paying about $160 USD (500
Ringgit) per month. The facility is segregated from the
public. After the Embassy's public hours, shelter occupants
have free access to the compound's grounds. The Embassy's
senior liaison officer with the RMP, Setyo Wasisto, stated
the RMP sometimes refers possible TIP victims to them for
admittance into the shelter. Suspected TIP victims residing
at the shelter during the visit included sexually exploited
women and a minor aged 17 employed as a domestic worker.


9. (U) Neumann also visited a shelter run by WAO. Its focus

KUALA LUMP 00000200 003 OF 003


is domestically battered women, but the shelter also accepts
referred TIP victims. Neumann met with WAO Executive
Director, Ivy Josiah (an IVLP alumnus) who explained WAO's
mission and goals. In 2007, WAO provided shelter to eight
domestic workers suspected to be TIP victims. She gave
Neumann a case summary of a current shelter resident from
Thailand or Burma suspected to be a TIP victim. She outlined
the steps be made to identify the woman's home country and
provide counseling.

Comment
--------------


9. (SBU) Neumann's meetings with Malaysian officials and
SUHAKAM provided a glimpse into the government's emerging
efforts to combat trafficking. The GOM is pursuing a
methodical approach as it prepares to implement the new
anti-TIP law, which the GOM announced was fully enforced as
of February 28. GOM agencies charged with implementing the
TIP law recognize the gaps in technical expertise they have
and are actively working to overcome them by seeking input
from experts, reviewing international best practices, and
seeing what neighboring countries like Thailand, Cambodia,
and the Philippines are doing. Following Dr. Mattar's 27
January - 1 February program (reftel A),and Neumann's
fruitful visit, we have expanded opportunities to provide
information, training material and expertise in critical
areas such as victim identification, victim shelter operation
and management, and law enforcement and prosecution. Embassy
Kuala Lumpur wants to work with the Department to make the
most of these opportunities.
SHEAR