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