Identifier
Created
Classification
Origin
08KUALALUMPUR955
2008-10-31 02:48:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Kuala Lumpur
Cable title:  

MALAYSIA'S NEW ANTI-TRAFFICKING SECRETARIAT

Tags:  PGOV PREL PHUM KTIP MY 
pdf how-to read a cable
VZCZCXRO9644
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHKL #0955/01 3050248
ZNR UUUUU ZZH
P 310248Z OCT 08
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 1833
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RHHMUNA/CDR USPACOM HONOLULU HI PRIORITY
UNCLAS SECTION 01 OF 02 KUALA LUMPUR 000955 

SENSITIVE
SIPDIS

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

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KTIP MY
SUBJECT: MALAYSIA'S NEW ANTI-TRAFFICKING SECRETARIAT

REF: A. KUALA LUMPUR 940 -- FINNISH COMPANY ASSISTS
VICTIMS

B. KUALA LUMPUR 934 -- AMBASSADOR'S LETTERS

C. KUALA LUMPUR 880 -- POST DELIVERS ACTION PLAN

D. STATE 99723 -- TIP ACTION PLAN

E. KUALA LUMPUR 495 -- BURMESE ALLEGE BEING
TRAFFICKED

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

G. KUALA LUMPUR 422 -- ACCUSED TRAFFICKER CHARGED

H. KUALA LUMPUR 212 -- GOM SHELTERS TIP VICTIMS

I. KUALA LUMPUR 147 -- MALAYSIA TIP REPORT

Summary and Comment
-------------------

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 000955

SENSITIVE
SIPDIS

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

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KTIP MY
SUBJECT: MALAYSIA'S NEW ANTI-TRAFFICKING SECRETARIAT

REF: A. KUALA LUMPUR 940 -- FINNISH COMPANY ASSISTS
VICTIMS

B. KUALA LUMPUR 934 -- AMBASSADOR'S LETTERS

C. KUALA LUMPUR 880 -- POST DELIVERS ACTION PLAN

D. STATE 99723 -- TIP ACTION PLAN

E. KUALA LUMPUR 495 -- BURMESE ALLEGE BEING
TRAFFICKED

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

G. KUALA LUMPUR 422 -- ACCUSED TRAFFICKER CHARGED

H. KUALA LUMPUR 212 -- GOM SHELTERS TIP VICTIMS

I. KUALA LUMPUR 147 -- MALAYSIA TIP REPORT

Summary and Comment
--------------


1. (SBU) Polcouns and Poloff met with Malaysian officials
leading the newly established anti-trafficking in persons
(TIP) Secretariat, located in the Home Ministry, on October

23. Polcouns reviewed U.S. recommendations for anti-TIP
measures in Malaysia, outlined the 2008 U.S. TIP report
process, and highlighted concerns over reported trafficking
of refugees and forced labor. The Secretariat officials
noted difficulties in victim identification and limited law
enforcement skills as challenges in combating TIP. The
officials informed us of four trafficking prosecutions
currently in the courts, the formation of a police anti-TIP
task force, and several TIP training initiatives, including a
regional workshop hosted by Malaysia.


2. (SBU) Comment: Malaysia's TIP Secretariat is at a
nascent stage. In theory, in the future it could play a
vital role in disseminating TIP information across multiple
agencies, identifying needed training and technical
assistance, and generating policy recommendations for the
national Council for Anti-Trafficking. We found the
Secretariat's small staff keenly aware of Malaysia's tier
ranking in the U.S. TIP report and open at this point to
further engagement with the Embassy. We should seek
meaningful ways to support the Secretariat's engagement on
TIP, including through information-sharing and technical
assistance. End Comment.

Home Ministry Establishes TIP Secretariat
--------------


3. (SBU) Polcouns and Poloff on October 23 called on
officials leading the newly established anti-trafficking in
persons Secretariat within Malaysia's Home Ministry, which

has responsibility for coordinating the government's anti-TIP
efforts. Under Secretary Ahmad Ismail, who heads the
Secretariat, and his deputy Haslinda Mohamad Tajudin informed
us that the office has been authorized 27 personnel
(professional and clerical),with one third of the slots
filled since the Secretariat became operational in September.
The Secretariat's organization supports the national Council
for Anti-Trafficking in Persons, and its three committees
(Legislative, Enforcement, and Protection and
Rehabilitation). The creation of the Secretariat fulfills
one requirement in the 2007 Anti-TIP Act, which came into
full force at the end of February 2008 (ref I).

Polcouns Highlights TIP Concerns
--------------


4. (SBU) During the 90-minute meeting, PolCouns highlighted
U.S. and international attention to trafficking crimes in
Malaysia, the Malaysian government's efforts to combat TIP,
and our interest in coordinating with the Secretariat.
Polcouns reviewed U.S. recommendations for anti-TIP measures
in Malaysia ("the action plan"),including the importance of
law enforcement actions, and outlined the 2008 U.S. TIP
report process, which post delivered to the Foreign Ministry
on September 24, and subsequently to other ministries (ref
C). Polcouns raised concerns regarding allegations of
Immigration Officers involved in the trafficking of Burmese
refugees (ref E),noting the Ambassador's recent letter to
the Home Minister and Foreign Minister on this matter (ref
B),and U.S. congressional attention. He stated the USG
would welcome and view positively proactive steps by the GOM
to address this issue. Ahmad stated he was aware of the
allegations of trafficking of refugees and appreciated the
additional information, and indicated the government was
reviewing the allegations and courses of action. PolCouns
also reiterated the Ambassador's interest in visiting the
Women's Ministry TIP victims' shelters (ref F and H).


5. (SBU) Polcouns raised the issue of labor trafficking,
noting several high-profile cases (ref A). Polcouns

KUALA LUMP 00000955 002 OF 002


reiterated concerns over the confiscation of foreign workers'
passports as a practice that renders migrant workers more
vulnerable to trafficking. Ahmad replied this was a "normal"
practice in Malaysia and that the GOM had agreements with
Indonesia allowing employers to confiscate employee
passports. He also pointed out the Immigration Department's
introduction of a new identity card for foreign workers and
students. The card would act as proof of legal status, allow
workers to move freely within Malaysia without their
passports, and thereby reduce their vulnerability to
trafficking.

U/S Ahmad Realistic in Assessing GOM Capabilities
-------------- --------------


6. (SBU) Ahmad openly discussed the challenges facing the
GOM as it attempts to combat trafficking. Identifying
trafficking victims remained difficult for government
officers. Law enforcement agencies, which lack TIP
experience, also faced challenges managing/investigating
trafficking cases. Ahmad emphasized the GOM's commitment to
building capacity through various training events and
engaging regional countries, which are often source
countries, on best practices to confront TIP. Ahmad noted
the Secretariat's willingness to work with U.S. agencies to
increase the GOM's capability to combat effectively TIP.


7. (SBU) Haslinda briefed us on recent GOM efforts to combat
TIP. Since the new TIP law went into force on February 28,
2008, law enforcement officials rescued 54 suspected TIP
victims; court officials confirmed eight as victims. The GOM
repatriated five of the eight while the remaining three
remain as witnesses for pending prosecutions of the suspected
traffickers. She informed us that four trafficking cases
were moving through the legal system while a fifth was
delayed when the suspected traffickers absconded. Haslinda
noted challenges faced by authorities trying to identify and
legally certify victims under the law, including magistrates
not concurring with victim status and victims hesitant to be
forthcoming with police and Women's Ministry protection
officers. To assist in court proceedings, the Registrar of
the High Court recently produced and disseminated new
guidelines to magistrates for dealing with TIP cases.

Police Stand Up Task Force; New Shelter Planned
-------------- --


8. (SBU) Haslinda informed us the police recently
established a TIP task force (currently with a total of 10
personnel). She also confirmed GOM plans to open more TIP
shelters, with Kota Kinabalu in Sabah, East Malaysia, as the
likely location of the next shelter. Haslinda stated the GOM
was working with the Australian government on anti-TIP/people
smuggling training. The police conducted in-house training
workshops and sponsored a regional consultation in Kuala
Lumpur, which took place October 28-30. Representatives from
Singapore, Thailand, Indonesia, and the Asia Regional
Trafficking in Persons project (ARTIP) attended the workshop
as did representatives from key Malaysian agencies, such as
the Women's Ministry and Attorney General's Office. The
event focused on trafficking for sexual exploitation.
Embassy FSN political assistant attended the training at the
invitation of the Malaysian police.

KEITH