SUBMISSION FOR 2009 TRAFFICKING IN PERSONS REPORT:

UNCLAS SECTION 01 OF 07 HONG KONG 000387 C O R R E C T E D C O P Y //SENSITIVE CAPTION LINE ADDED// SENSITIVE SIPDIS DEPT FOR G/TIP, G-ACBLANK, DRL, INL, PRM, EAP/RSP, EAP/CM E.O. 12958: N/A TAGS: KTIP KCRM PHUM KFRD ASEC PREF ELAB HK MC CH SUBJECT: SUBMISSION FOR 2009 TRAFFICKING IN PERSONS REPORT: MACAU REF: A. STATE 132759 ¶B. 08 HONG KONG 2092 ¶C. 08 HONG KONG 2123 HONG KONG 00000387 001.2 OF 007 ¶1. (SBU) Per reftel, the following are post's contributions to the ninth annual Trafficking in Persons (TIP) report for the Macau Special Administrative Region (MSAR) of the People's Republic of China. (Note: Per instructions, subheadings and paragraph letters correspond to those in paragraphs 23-27 of ref. End note.) ¶2. (SBU) Comment: The Macau Special Administrative Region Government (MSARG) continued to demonstrate a growing commitment to tackle the full range of human trafficking issues in Macau. Armed with a comprehensive anti-trafficking law passed in June 2008, the MSARG made concrete and recognizable progress in the investigation, prosecution, and prevention of trafficking in persons. In addition, an array of services are available to meet the financial, psychological, economic, and legal needs of victims. Law enforcement and immigration authorities, however, acknowledge the continuing challenge of identifying trafficking victims from among the larger group of illegal migrants, some of whom willingly engage in prostitution. MSARG authorities are actively seeking training from foreign counterparts, and post will continue to seek opportunities to bring relevant USG training to help Macau improve their interview and investigative techniques. The MSARG has prosecuted two trafficking cases since the new law, and 20 other cases are under investigation. Post will continue to urge the MSARG to pursue TIP prosecutions, and will seek opportunities to support MSARG anti-TIP efforts, both through the interactions with Post's law enforcement elements and appropriate training programs and specialist exchanges. End comment. THE COUNTRY'S TIP SITUATION: -------------- ¶A. (SBU) Beginning in 2007, the Macau Special Administrative Region government (MSARG) began compiling data on trafficking cases to respond to USG queries in advance of the annual TIP report. The inter-departmental Human Trafficking Deterrent Measures Concern Committee has a subgroup responsible for gathering relevant data from the different departments 
involved in anti-trafficking efforts. Several Hong Kong-based non-government organizations (NGOs) assist sex workers and migrants in Macau, and provide post with their observations and findings. Local English and Chinese-language media are increasingly reporting on MSARG TIP policy developments and cases possibly involving elements of trafficking. ¶B. (SBU) The MSAR essentially is not a source of trafficked persons, but is a destination and transit point for illegal migration, labor and prostitution. Many women and girls, primarily from mainland China and to a lesser extent, from Russia, Mongolia and Southeast Asia, continue to travel to Macau of their own volition to engage in legal prostitution. However, some are lured to Macau by acquaintances and/or criminal syndicates by false promises of jobs in casinos or other types of legitimate employment. Once in Macau, they are forced into prostitution, and in some cases held captive, either by force or use of threats. ¶C. (SBU) According to NGO and press reports, living and working conditions for victims trafficked to Macau for prostitution are poor. Arrangements probably involve close monitoring during off hours, crowded boarding arrangements, confiscated identity documents, long working hours, and threats of violence. Macau authoritiesinvestigated reports of such activities promptly Organizers of prostitution rings, whether or not involved in trafficked persons, are prosecuted nder laws that criminalize profiting from the prceeds of another person's prostitution. Prostituton itself is not illegal in Macau. ¶D. (SBU) Peviously identified trafficking victim have primarily been women from the Chinese mainland, and to a lesser extent, women from Vietnam, Mongolia, Russia, and several other Southeast Asia countries. MSARG officials tell us most of the mainland Chinese victims are from inland provinces who had previously made their way to the border province of Guangdong in search of better employment. It is usually in Guangdong where they fall prey to false advertisements for dancers or "PR hostesses" in Macau. ¶E. (SBU) MSARG officials contend their investigations of trafficking cases thus far have only uncovered a "limited HONG KONG 00000387 002.2 OF 007 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. -- (SBU) Most victims are typically told they were coming to Macau to work as dancers. While it is hard to quantify, anecdotal information suggests many of the exploiters are independent operators or part of small groups. It is often nearly impossible to determine whether street-level individual operators are part of larger organized syndicates without extensive evidence and corroborating witnesses. SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP EFFORTS: -------------- -------------- ¶A. (SBU) The MSARG, both publicly and in discussions with us, has acknowledged that trafficking is a problem requiring dedicated attention and resources of the government. Although somewhat reluctant to discuss the issue in the past, Macau authorities now are fully committed to and aggressively combating human trafficking. Most recently, the government in its section of China's national report to the United Nations Human Rights Council Universal Periodic Review pledged to continue tackling human trafficking. ¶B. (SBU) In September 2007, the MSARG established an inter-departmental "concern committee" charged with overall strategic planning, coordination and implementation of the government's anti-trafficking efforts. 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. Committee members told us the entire group meets monthly to assess the progress of initiatives currently in place and discuss future programs and measures. The Health Department, Immigration Department, and the Public Prosecutions Office also are responsible for various aspects of the trafficking issue. ¶C. (SBU) Macau continues to experience challenges stemming from recent explosive economic growth that has strained the capacity of many government departments. The Macau government has benefited from dramatic growth in revenues, and is well-funded. Law enforcement officials on several occasions have acknowledged, however, they need to improve their victim identification and investigative capabilities. -- (SBU) Despite rigorous efforts and notable achievements by the Commission Against Corruption (CCAC),Macau still faces major challenges and constraints to creating a society free of corruption. CCAC Commissioner in October 2008 acknowledged Macau's degrading "corruption index" by Transparency International was "fair", pledging to strengthen CCAC's capacity to tackle corruption both in the public and private sectors (a bill is currently being drafted to expand CCAC jurisdiction to the private sector.) CCAC investigated 796 cases in 2008, a 8.2 percent increase from the preceding year. ¶D. (SBU) The inter-departmental Human Trafficking Deterrent Measures Concern Committee serves as the vehicle for systematically coordinating the MSARG's anti-trafficking efforts. The committee meets monthly t assess the government's performance on all aspets of the trafficking issue, and submits semi-anual reports to Chief Executive HONG KONG 00000387 003.2 OF 007 Edmund Ho. These self-assessments are not shared with the public or post. However, throughout the reporting period, committee members regularly provided Post with updates on the MSARG's anti-trafficking efforts. -- (SBU) A concern committee member recently informed post of plans in 2009 to contract a local university to conduct an independent and comprehensive evaluation of the TIP situation in Macau and the concern committee's performance to date. The committee also plans to launch a website later in the year as a platform for both general public education about TIP and specific government policies and initiatives. INVESTIGATION AND PROSECUTION OF TRAFFICKERS: -------------- ¶A. (SBU) The MSARG in June 2008 passed a comprehensive anti-trafficking law which criminalizes the types of 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. The law in effect added a new article (Article 153-A) to the Macau Criminal Code, introducing new trafficking charges and expanding the scope of trafficking crimes beyond just those involving sexual exploitation to include activities with the purpose of exploitative labor or services, in particular forced or compulsory labor, slavery, etc. 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 provides for the minimum and maximum sentences to be increased by one-third if the trafficking victim is under the age of 14. Similarly, the new law amends Articles 77 and 78 of the Macau Criminal Procedure Code to stipulate that court proceedings related to trafficking crimes involving a victim under the age of 16 normally shall not take place in public. -- (SBU) The law 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. The law states "The Government shall take all necessary measures to protect and help the victims of human trafficking." 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 "take all proper measures immediately and effectively in light of difficult conditions to see that the victim receives protection and assistance; when non-Macau residents are involved, it is necessary to initiate required cooperative mechanisms so that their home countries or regions can provide related protection and assistance." ¶B. (SBU) Under Macau's new trafficking law, "a sentence of three to 12 years shall be given to those who turn other people into slave laborers or a status comparable to impose sexual exploitation, labor and service exploitation, especially forced or compulsory labor or service." As mentioned above, the minimum and maximum sentences are increased by one-third if the trafficking victim is under the age of 14. ¶C. (SBU) Under Macau's new trafficking law, "a sentence of three to 12 years shall be given to those who turn other people into slave laborers or a status comparable to impose sexual exploitation, labor and service exploitation, especially forced or compulsory labor or service." The minimum and maximum sentences are increased by one-third if the trafficking victim is under the age of 14. HONG KONG 00000387 004.2 OF 007 -- (SBU) Additionally, a sentence of one to five years may be given to those who retain, hide, spoil or destroy identification documents or tourist documents of trafficking victims if no harsher punishment is applicable. ¶D. (SBU) 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 which is commensurate with prescribed penalties for sex trafficking. ¶E. (SBU) The MSARG prosecuted two trafficking cases during the reporting period. (Waiting for additional details from MSARG.) --(SBU) In addition, 20 cases, some of which may involve trafficking, are under investigation. ¶F. (SBU) As reported in ref B, Post arranged a seminar for Macau law enforcement, prosecutors and judicial personnel to learn from a visiting U.S. Department of Justice prosecutor effective strategies and techniques for investigating and prosecuting human trafficking cases. Macau's Legal and Judicial Training Centre allowed us to use their facility and arranged for simultaneous translation to ensure the attendees understood the material. -- (Waiting for MSARG response on specific training provided in 2008). ¶G. (SBU) MSARG officials tell us they continue to seek opportunities to expand their cooperation with other governments on anti-trafficking matters. Currently, most of their regular exchanges and information-sharing are with mainland and Hong Kong counterparts. The MSARG and Mongolian government are currently negotiating a Memorandum of Understanding on judicial matters. -- (SBU) In October 2008, Macau authorities worked with INTERPOL and Japanese police to rescue two Macau females who were lured to Japan and forced into prostitution. Japanese authorities arrested the alleged traffickers-- a female and male from Taiwan. Macau police arrested a local "middleman" believed to have advertised for "PR hostesses" in a local newspaper, arranged for the two victims' travel to Japan, and received a monthly reward for the "work" of each of the two victims. ¶H. (SBU) Macau currently has agreements with Portugal and East Timor that provide for the extradition of criminals, including those involved in trafficking, apprehended in Macau. The MSARG is negotiating mutual legal assistance agreements with mainland China and Hong Kong. Despite not having these formal agreements in place, MSARG officials tell us they maintain close working relationships with their Mainland and Hong Kong counterparts. -- (SBU) Post is not aware of any cases during the reporting period in which Macau extradited an alleged trafficker. ¶I. (SBU) No evidence or allegations of government involvement in or tolerance of trafficking emerged during the reporting period. ¶J. (SBU) No evidence or allegations of government involvement in or tolerance of trafficking emerged during the reporting period. ¶K. (SBU) Prostitution is not illegal in Macau, although a number of activities associated with prostitution, including "pimping" (procurement/running of prostitution) are illegal. 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 purpose of profit or as a way of life" is punishable by one to five years imprisonment under Article 153 of the Macau Criminal Code. 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. -- (SBU) Macau laws do not specify a legal minimum age for prostitution but legal age of consent of sexual activity is ¶16. Moreover, Articles 168 & 169 of the Criminal Code criminalizes sexual activity with minors age 14-16 with HONG KONG 00000387 005.2 OF 007 sentences of 3-4 years' imprisonment, and sexual activity with a minor under age 14 can receive up to 14 years' imprisonment. ¶L. (SBU) As a Special Administrative Region of the People's Republic of China with no independent military of its own, Macau did not contribute troops to international peacekeeping efforts. ¶M. (SBU) MSAR did not have an identified child sex tourism problem and did not have any cases involving child sex tourism during the reporting period. PROTECTION AND ASSISTANCE TO VICTIMS: -------------- ¶A. (SBU) Under Macau's new trafficking law, law enforcement must "protect the victim secretly and free of charge to ensure that he or she can have a proper temporary shelter where he or she can be assured of personal security and obtain necessary and proper psychological, medical and social, economical and legal assistance." Victims and/or witnesses determined to be at high-risk of being harmed by their traffickers if found will be placed under 24-hour police protection at an undisclosed shelter. Macau police authorities informed us in October 2008 they have not yet needed to provide this level of protection. ¶B. (SBU) The MSARG has designated 21 beds for trafficking victims in an existing women's shelter managed by the Social Welfare Bureau (SWB). Child victims are placed in an NGO-run home for minors. The child is not identified as a trafficking victim but instead is assimilated into the larger home with peers of the same age. ¶C. (SBU) The Social Welfare Bureau (SWB) and Health Bureau, with the help of several local NGOs, provide trafficking victims with an array of legal, medical and psychological services. SWB offers counseling, shelter, financial assistance and referrals to legal counseling and judicial assistance. SWB encourages all victims to undergo a complete medical exam that includes testing for sexually-transmitted diseases (STDs). If doctors discover STDs, they would issue free medication. Clinical psychologists are on-site at the TIP shelter to conduct initial assessment and follow-up counseling if needed. While at the shelter, victims receive a monthly stipend of MOP2,640 (same amount as the minimum living index for a Macau household of one) disbursed in weekly installments. ¶D. (SBU) All trafficking victims, whether foreign or domestic, may receive temporary shelter and appropriate legal, medical, economic, and social assistance while they are in the MSAR participating in legal proceedings. Macau law does not provide for issuing permanent residency status to foreign trafficking victims. As a result, the MSARG will assist the victims (including paying for transportation) to return to their home countries. ¶E. (SBU) MSARG policy is to repatriate victims of trafficking to their home countries once legal proceedings have concluded. Recognizing the legal process can be lengthy at times, SWB is exploring providing victims access to classes that teach skills useful for obtaining future employment as an incentive to remain in MSARG for a longer period of time. Some of the classes being considered are English and Mandarin language courses, computer and cosmetic application skills. ¶F. (SBU) After victims have provided their initial statements to law enforcement authorities, they are transferred directly to the Social Welfare Bureau who will process them for the various types of assistance desired by the victim. SWB has dedicated after-hours phone numbers for law enforcement use. In the rare case where SWB can not be reached, the police can also directly refer a victim to a designated NGO who can offer emergency shelter. ¶G. (SBU) The MSARG reported a total of 25 trafficking victims identified during the reporting period. Of the 25 victims, 24 were referred to care facilities by law enforcement, with 23 going to the government shelter run by SWB and one opting for the a local NGO shelter. The one remaining victim, a Macau resident, chose to return home after being rescued from her traffickers in Japan. ¶H. (SBU) Although Macau law enforcement, immigration, and social services personnel have a standard set of guidelines for proactively identifying potential trafficking victims through interviews and assessment, this is an area MSAR HONG KONG 00000387 006.2 OF 007 authorities acknowledge where front-line officers need to strengthen their capabilities. ¶I. (SBU) Trafficking victims generally are not detained, jailed or fined. If victims violate other laws, such as those governing immigration or prostitution, as a direct result of being trafficked, they are not prosecuted. ¶J. (SBU) MSARG policy is to always encourage victims to assist in the investigation and prosecution of trafficking crimes, however, in practice, victims rarely have been willing to do so. MSARG social welfare providers and police tell us most victims are eager to return to their country of origin, and once they have provided police officials their official testimonies, they are free to leave Macau. Macau prosecutors, however, are concerned that not having victims provide live testimony during an actual trial may weaken the government's case against alleged traffickers. They fear statements taken by police sometimes may fail to capture the entire situation, potentially creating holes in the case. Prosecutors generally try to arrange for victims to provide pre-trial testimonies in front of a judge as an alternative but is not always successful. ¶K. (SBU) Macau's front-line law enforcement and immigration officers and social workers have established guidelines on the identification of and provision of assistance to potential trafficking victims. SWB's clinical psychologists have held four training seminars for police officers responsible for manning one of the two TIP hotlines to learn how to recognize signs of distress, offer initial guidance, and refer them to appropriate social welfare services. -- (SBU) Macau does not have diplomatic missions abroad. ¶L. (SBU) Although Macau is not a country of origin for internationally trafficked men, women or children, all the assistance mentioned above are available to Macau residents who are repatriated as victims of trafficking. ¶M. (SBU) The Women's General Association of Macau receives government funding to run a TIP victim assistance hotline and provide basic assistance to trafficking victims to supplement the services provided by SWB. The Good Shepherd Sisters' Shelter continues to provide shelter and assistance to all women in need, including trafficking victims. International Social Service (ISS) Hong Kong currently provides legal and counseling services to victims who manage to travel from Macau to Hong Kong. They are in early discussions with MSARG authorities to allow ISS to operate in Macau. PREVENTION: -------------- ¶A. (SBU) The MSARG continued to aggressively conduct a variety of anti-trafficking and education campaigns during the reporting period. The concern committee continued to publish brochures and other materials (currently in English, Portuguese and Chinese but which may soon expand to other languages) that are available at border checkpoints, hospitals, pharmacies, government offices, and popular public gathering areas. The government ran radio and television advertisements (akin to Public Service Announcements) on Macau's most popular television and radio channels. In addition to information ads in newspapers, SWB contracted a local NGO to administer a TIP-quiz contest that ran in several Chinese-language newspapers. The NGO received 6,000 submissions and had a lucky draw to determine the winners. One winner received a cash prize of MOP2,000, two winners received MOP1,500, three winners received MOP1,000, and five winners won MOP500. -- (SBU) The Consultative Commission on Women's Affairs (CCWA),an advisory body established in 2005 that reports to Chief Executive Edmund Ho, has heightened its role as a key stakeholder on addressing human trafficking. They have a working group specifically focused on trafficking. They organized several seminars to promote awareness of the TIP issue, including a one-day workshop co-organized with a local NGO in which drew more than 125 attendees. Participants included Macau law enforcement, social service, and judicial personnel as well as academics and stakeholders from women's groups and local media. CCWA in January 2009 launched its website which includes TIP-related content such as relevant laws and CCWA anti-TIP activities. ¶B. (SBU) (Waiting for MSARG response on efforts to monitor immigration and emigration patterns.) HONG KONG 00000387 007.2 OF 007 ¶C. (SBU) The Human Trafficking Deterrent Measures Concern Committee serves as the vehicle for coordination and communication between the various MSARG departments as well as with foreign organizations involved in combating human trafficking. The Committee meets monthly to assess the government's existing policies and initiatives and strategize on future direction of their overall anti-trafficking efforts. ¶D. (SBU) The new anti-trafficking law represents a strong foundation for a comprehensive approach to tackling the full range of trafficking concerns in Macau. The concern committee has actively coordinated anti-TIP efforts to meet the provisions included in the law. The MSARG has established the victim protection and assistance mechanisms outlined in the law, and continues to explore alternative methods for increasing awareness and strengthening the legal tools necessary to effective implement the new law. As mentioned above, the committee plans to contract a local university to conduct an independent review of the TIP issue in Macau and the concern committee's performance. The review findings may prompt the MSARG to further fine-tune its approach to addressing human trafficking. E: (SBU) Post is not aware of any measures the government took during the reporting period to reduce the demand for commercial sex acts. Prostitution is not illegal in Macau. ¶F. (SBU) The MSAR did not have an identified problem of its nationals participating in international child sex tourism. ¶G. (SBU) Question is not applicable to the MSAR. ¶3. (U) Post point of contact is Poloff Lisa Tam, tel: (852) 2841-2139, fax: (852) 2526-7382, email: TamLY@state.gov. ¶4. (U) Hours spent on drafting this report cable: FS4-100 FS2-5 FS1-25 DONOVAN