MALAYSIA'S NINTH ANNUAL TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 12 KUALA LUMPUR 000102

SENSITIVE
SIPDIS

DEPT FOR G/TIP, G-ACBLANK, INL, DRL, PRM, EAP/MTS, EAP/RSP
STATE PASS FOR USAID

E.O. 12958: N/A
TAGS: PHUM PGOV PREF ELAB SMIG KCRM KWMN KFRD KTIP
ASEC, XC, BG, CH, FR, IN, NP, PK, UK, MY
SUBJECT: MALAYSIA'S NINTH ANNUAL TRAFFICKING IN PERSONS
REPORT

REF: A. STATE 5577 - ADDITIONAL GUIDANCE

B. 08 STATE 132759 - PREPARING THE TIP REPORT

C. KL 29 - MALAYSIA ENGAGED IN UPR PROCESS

D. 08 KL 1073 - GOM SEEKS USG TIP EXPERTISE

E. 08 KL 1060 - MAID'S ABUSER FOUND GUILTY

F. 08 KL 1017 - INTERIM TIP ASSESSMENT

G. 08 KL 1010 - DPM HEARS TIP CONCERNS

H. 08 KL 955 - NEW TIP SECRETARIAT

I. 08 KL 940 - FINNISH COMPANY ASSISTS FORCED LABOR
VICTIMS

J. 08 KL 934 - AMBASSADOR'S LETTERS

K. 08 KL 880 - TIP ACTION PLAN DELIVERED

L. 08 KL 799 - STAFFDEL DISCUSSES TRAFFICKING OF
BURMESE

M. 08 KL 786 - STAFFDEL LUSE ENGAGES PM'S OFFICE MFA

N. 08 KL 653 - AMB MEETS HUMAN RESOURCE MINISTER

O. 08 KL 495 - BURMESE ALLEGE TRAFFICKING AT BORDER

P. 08 KL 460 - FORCED AND CHILD LABOR REPORT

Q. 08 KL 448 - AMBASSADOR MEETS WOMEN'S MINISTER

R. 08 KL 422 - ACCUSED TRAFFICKER CHARGED

S. 08 KL 392 - AMBASSADOR MEETS WITH AG


1. (SBU) SUMMARY: Malaysia made some progress in
addressing the challenges associated with trafficking in
persons during this reporting period, building incrementally
on the advances it made last year. Malaysia began
implementing and enforcing its comprehensive anti-trafficking
law, which went into full force on February 28, 2008. The
Malaysian government (GOM) took steps to build its capacity
to combat TIP. The GOM established an interagency national
anti-trafficking council and supporting secretariat. The
Ministry for Women, Family, and Community Development
(Women's Ministry) operated two TIP victim shelters, one for
minors, and identified a third shelter scheduled to begin
operating by mid-2009. The Royal Malaysian Police (RMP)
referred 98 suspected TIP victims to the government-operated
shelters and hundreds more to the Philippines and Indonesian
embassies and NGO operated shelters. The Attorney General's
Office charged seven suspected traffickers under the new law.
Malaysia convicted its first trafficker under the new law
while the other trials continued. Government agencies
coordinated with local NGOs on some TIP cases. Nevertheless,
Malaysia did not comply with U.S. minimum standards. The
government has not sufficiently addressed credible
allegations immigration officials are involved in the
trafficking of mostly Burmese refugees to the Thai border
area. Malaysian law enforcement officials are investigating
some labor trafficking cases, but has not yet made any
arrests for labor trafficking. The government has not
developed or implemented procedures to identify victims of
labor trafficking. The government has not acted to end the
common practice by Malaysian employers of confiscating
migrant workers' passports. End Summary


2. (U) Post's submission for the Ninth Annual Trafficking in
Persons (TIP) Report for Malaysia follows. Responses are
keyed to paragraphs 27 - 30 of ref B. Embassy's point of
contact for TIP is political officer Enrique R. Gallego
(phone: 603-2148-4891 or 984-4831 (IVG),fax: 603-2168-5165,
email: gallegoer@state.gov). The Embassy spent the following
time preparing the TIP report: FS-1: 16 hours; FS-3: 80
hours; FSN: 40 hours.


3. The Country's TIP Situation (PARA 23)
--------------


A. (SBU) Multiple sources are available for information on
trafficking in persons (TIP) in Malaysia. Media coverage on
trafficking in persons increased during the reporting period,
including investigative reports on the trafficking of Burmese
refugees and trafficking in East Malaysia. Civil society
organizations (CSO) and local and international NGOs, such as
the Malaysian Bar Council, Tenaganita, and Boat People SOS,
also provided post with information on TIP. The government
of Malaysia (GOM),primarily the Women's Ministry, Royal

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Malaysian Police (RMP),and the Secretariat to the Council
for Anti-trafficking in Persons (TIP Secretariat) provided
post with information on GOM efforts to combat TIP (ref H).
Post considers all these sources generally reliable. The
draft national action plan included using data collection to
analyze the scale and nature of trafficking in Malaysia.


B. (SBU) Malaysia was a destination, and to a lesser extent,
a transit and source country for adults and minors trafficked
for the purposes of forced labor and commercial sexual
exploitation. The overwhelming majority of victims came to
Malaysia seeking greater economic opportunities, but later
found tQselves victimized either by their employers,
employment agents, or traffickers who supplied migrant
laborers and prostitutes in Malaysia. Trafficking in
Malaysia was a regional problem driven by economics. Migrant
workers from Indonesia, Nepal, India, Thailand, China, the
Philippines, Burma, Cambodia, Bangladesh, Pakistan, and
Vietnam accounted for nearly all of Malaysia's trafficking
victims. The internal trafficking of Malaysians,
specifically women from indigenous groups and rural areas,
for labor and commercial sexual exploitation occurred.
Sources assisted or attempted to assist Malaysian citizens
who were trafficked abroad including to Singapore, Hong Kong,
France, and the United Kingdom. There were no accurate
statistics for the total number of trafficking victims in
Malaysia. Malaysia employed approximately 2.1 million
documented migrant and according to local NGOs an estimated
one million undocumented workers in 2008. A significant
number of migrant workers on plantations, construction sites,
textile factories, and employed as domestic workers
experienced restrictions on their movement, deceit and fraud
concerning their wages, confiscation of their passports, and
often were in debt bondage to agents or employers (ref. P).
Government and NGO statistics assess there are some 380,000
to 400,000 women employed as domestic servants in Malaysia,
an unknown number of whom worked in abusive situations
exacerbated by conditions of debt bondage. There were no
reliable statistics for the number of victims trafficked into
prostitution, but the RMP, foreign embassies and NGOs
reported over 400 female suspected trafficking victims were
rescued from trafficking conditions in the commercial sex
trade in 2008. Approximately 20 percent of the trafficking
victims sheltered and rescued by the GOM, NGOs, and foreign
embassies were below the age of 18.


C. (SBU) Debt bondage was the most common form of control
employers exerted over victims, regardless of whether the
victim was employed in licit or illicit activities. NGOs
reported employers often do not to pay foreign domestic
workers for the first three to six months in order to recoup
the costs charged by recruitment agencies. Some workers were
housed in factory owned residences and charged rent, which
was deducted from their salaries.


D. (SBU) Burmese refugees are vulnerable to being
trafficked. Numerous credible sources allege immigration
officials are involved in the trafficking of Burmese refugees
held at Malaysian immigration detention centers (IDC) (ref.
F, G, H, J-M, and O) Indonesian, Vietnamese, Cambodian,
Thai, and Filipina women are vulnerable to commercial sexual
exploitation. They are also vulnerable to labor
exploitation, especially as domestic workers. Indonesian,
Vietnamese, and Bangladeshi men are vulnerable to labor
trafficking. Malaysians from rural communities and
indigenous groups, such as the Orang Asli and Penan tribe,
are vulnerable to both internal and external trafficking.
Rural ethnic Indians working at plantations are vulnerable to
debt-bondage and forced labor.


E. (SBU) Most trafficking victims in Malaysia were economic
migrants seeking better wages than those available in their
countries of origin. We have no data to support the
conclusion, but common sense suggests Indonesia as the
dominant source of migrant labor to Malaysia was the source

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of the greatest number of trafficking victims. Post's
interviews with trafficking victims revealed a common
pattern. Typically, an employment agent recruited the
trafficking victim from his or her home village as the first
step of a debt-bondage arrangement with a Malaysian employer.
For an initial payment, or more often for a certain debt,
the recruiter obtained an official passport (with false data
for underage girls, in cases we reviewed showing the girls'
age as 25),an exit permit, and transportation from Indonesia
to Malaysia.

(SBU) Based on NGOs' reports, victims of trafficking,
regardless of their origin, were usually poor, uneducated,
unskilled laborers recruited by their fellow citizens but
later passed to Malaysian agents. Some victims were
willingly smuggled into Malaysia or entered on tourist visas,
but found themselves victimized when they voluntarily or
involuntarily entered the undocumented labor market. Upon
arrival, a Malaysian employment agent assumed control of and
assisted with entry. The Malaysian employment agents often
avoided individual immigration inspection of the trafficking
victims. We understand the pattern is, the Malaysian
employment agent paid the Indonesian agent for supplying the
worker, or the worker acquired additional debt with the new
agent for placement, employment documentation,
transportation, temporary lodging, etc. Employment agents
placed most workers in their previously agreed positions as
domestics, agricultural workers, etc. However, some agents
reportedly sold individuals into brothels, karaoke bars, or
passed them to sex traffickers. Employers commonly
confiscated workers' passports. Some employers forced
laborers to work long hours, without pay, until the debt-bond
was paid. Reportedly, similar modus operandi applied to
migrant workers from Bangladesh, Cambodia, and Vietnam.
Information from the RMP, NGOs such as Tenaganita and the
Migrant Workers Group indicated organized syndicates
represented the bulk of traffickers. Exploiters ranged from
large plantations and factories to entertainment centers and
karaoke bars to families exploiting domestic workers. The
RMP reported that two or more large organized criminal
syndicates, as well as a few smaller groups, trafficked
foreign women into Malaysia, using Malaysia either as the
women's final destination or as a transit point to a third
country. The syndicates sometimes used employment agencies
as fronts for both people smuggling and trafficking in
persons.


4. GOM's Anti-TIP Efforts (Para 24)
--------------


A. (U) The government acknowledges TIP is a problem in the
country. The GOM drafted and passed a comprehensive anti-TIP
law in 2007. The law went into full force in March 2008. In
its submission for the Universal Periodic Review, the GOM
placed primary responsibility for TIP in Malaysia on source
countries and affirmed that the problem of TIP "can never be
solved by the transit or destination state."


B. (SBU) The GOM's lead policy body on TIP issues in
Malaysia is the National Council for Anti-trafficking in
Persons is made up of government agencies with a role in
combating trafficking as mandated in the anti-TIP law. The
Home Ministry is the coordinating ministry regarding
trafficking and the Secretary General of the Ministry chairs
the Council. Other agencies with representation on the
Council are: Ministry of Foreign Affairs; Ministry of Women,
Family, and Community Development; Ministry of Human
Resources; Ministry of Transport; Ministry of Information;
the Attorney General's Office (AGO); the Royal Malaysian
Police; the Department of Immigration; the Department of
Customs; and the Malaysian Maritime Enforcement Agency. Two
NGOs, Malaysia's Human Rights Commission (SUHAKAM) and the
National Women's Council, and a Malaysian university
professor also sit on the Council. The Home Affairs Ministry
established the Secretariat to the Council of

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Anti-trafficking in Persons (TIP Secretariat) to support and
advise the council regarding combating TIP. The council also
established three committees, legislative, enforcement, and
protection and rehabilitation, to oversee policy developments
and reviews. The RMP organized a TIP task force at its
national headquarters as part of its plan to field local TIP
task forces throughout the country.


C. (SBU) The government faces several limitations as it
combats TIP. The most important limitation is the GOM's lack
of experience handling TIP cases (ref. D and H). The RMP,
AGO, and Women's Ministry conducted ongoing internal training
regimes to build capacity to address identified gaps in
capabilities, which included identifying trafficking victims,
evidence collection and management, providing social services
to TIP victims, and interagency and international
coordination training. Both the RMP and AGO hosted
international training workshops and seminars, attended by
representatives from ASEAN member states (source countries),
Australia, and the United States to share ideas on combating
TIP. Other capacity building sessions were the pilot course
for the ASEAN Awareness Training for Judges and Prosecutors
on Criminal Justice Responses to Trafficking in Persons
(hosted by Malaysia) and the ASEAN-Republic of Korea Workshop
on TIP and Migrant Smuggling. The Women's Ministry lacked
practical experience assisting trafficking victims and
organized training for 191 Ministry officers, tapped as
trafficking victim protection officers, and personnel tasked
to operate trafficking victims' shelters.

(SBU) Corruption also limits the GOM's effectiveness in
combating TIP. The credible allegations of involvement of
immigration officials in trafficking/extorting Burmese
refugee tarnished the Immigration Department's overall effort
to interdict trafficking in persons. Low-level immigration
officials were among Malaysia's lowest paid public servants,
making them vulnerable to corruption.


D. (SBU) The TIP Secretariat is tasked with monitoring and
coordinating the government's efforts to combat TIP.
Interagency communication remained problematic, a difficulty
not limited to the GOM's anti-TIP effort. The GOM provided
briefings to Post on their assessment of TIP in Malaysia and
the government's ongoing efforts to combat it. The GOM did
not maintain extensive statistics for trafficking in persons
as their TIP databases are under development. The RMP and
Immigration Department provided general information on
trafficking victims rescued and detailed information on the
number of suspected TIP victims referred to the Women's
Ministry's TIP shelters. Two local NGOs, Tenaganita and the
Women's Aid Organization (WAO),and the embassies of
Thailand, Indonesia, and the Philippines reported Malaysian
government agencies referred over 300 suspected victims of
trafficking to their respective missions in 2008. Sources
within the diplomatic community noted cooperation with
Malaysian law enforcement in referring rescued nationals,
coordinating repatriations, and using embassy personnel as
translators during police interviews with suspected TIP
victims referred to the Women's Ministry shelters.


4. INVESTIGATION AND PROSECUTION OF TRAFFICKERS (PARA 25)
-------------- --------------


A. (SBU) The GOM initiated drafting of its comprehensive
anti-trafficking in persons law in 2006. The bill was
introduced into Parliament in early 2007. The House
unanimously voted for the bill on May 11, 2007. The law was
gazetted on July 26, 2007 and went into full effect on
February 28, 2008. The law includes provisions for
trafficking in persons for sexual and non-sexual exploitation
and covers internal and transnational trafficking in persons.
The law's scope encompasses offenses that took place both in
and out of Malaysia. The law is applicable if Malaysia is
the receiving country or exploitation occurs in Malaysia.
The law also includes cases when the receiving country is a

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foreign country, but the trafficking victim started in or
transited through Malaysia. The law includes extension of
the Act to extra-territorial offenses including on ships and
aircraft registered in Malaysia and Malaysian citizens and
permanent residents outside and beyond the limits of Malaysia
benefiting from the exploitation of trafficking victims. The
law states it is the prevailing law regarding trafficking in
persons and supersedes conflicting or inconsistent provisions
of other written laws.

The law's definitions of trafficking include both trafficking
of persons and trafficking of children for the purpose of
exploitation. If persons convicted of trafficking also used
threats, coercion, abduction, fraud, deception, abuse of
power, etc., the law provides for lengthier prison sentences.
The law includes provisions for punishing persons profiting
from the exploitation of trafficking victims.

Malaysia has other laws that can criminalize trafficking or
elements of trafficking. The following is a summary of the
legal provisions that authorities could use in Malaysia
against traffickers in addition to the new comprehensive
anti-TIP law.

-- Constitution, Articles 6(1) and 6(2): Prohibit slavery and
forced labor.

-- Penal Code, Sections 340-348: Address "wrongful
confinement" of a person against his/her will. Punishments
include maximum prison terms from one to three years and a
fine.

-- Penal Code, Section 372: Amended in 2002 to include
stronger anti-trafficking language, addresses exploitation of
any person for purposes of prostitution. Exploitation is
defined to include selling, hiring, or otherwise obtaining
possession of any person with the intention to employ or use
the person for the purpose of prostitution (either inside or
outside of Malaysia) or knowing or having reason to believe
that the person will be so employed or used. Section 372
expands the offense of exploitation to include using false
pretense or deceitful means to bring into or take out of
Malaysia any person; harboring or receiving any (exploited)
person and wrongfully restraining any person in any place.
Wrongfully restraining is further defined as withholding
clothing or property, threatening the person with legal
proceedings to recover any debt or alleged debt, and
detaining a person's identity card or passport. Punishment
under this section of the Code includes a prison term, which
may extend to 15 years, caning and a fine.

-- Penal Code, Section 372A: Provides the same penalties as
section 372 for anyone who lives wholly or in part on the
earnings of the prostitution of another person.

-- Penal Code, Section 373: Provides the same penalties as
section 372 for anyone who keeps, manages, or assists in the
management of a brothel.

-- Penal Code, Section 374: Addresses unlawful compulsory
labor and includes punishment by imprisonment for a maximum
one-year term and the possibility of a fine.

-- Immigration Act, Sections 55(A) and Sections 56(1)(d):
Covers a wide spectrum of immigration violations related to
illegal entry or entry under false pretenses. The Act also
addresses "employing" and "conveying" illegal aliens. The
Act was amended in 2002 to toughen significantly punishments
for immigration violators. Those convicted of illegal entry
face a fine of up to Malaysian ringgit (MYR) 10,000 (USD
3,030) (USD 1 = MYR 3.3) and/or a prison sentence of up to
five years, and caning of up to a maximum of six strokes.
The penalty for employing an illegal alien is a fine of
between MYR 10,000-50,000 (USD 3,030-15,151) for every
illegal immigrant employed and/or a prison term of up to 12

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months. An employer employing more than five illegal
immigrants will be imprisoned from six months to five years
and caned up to a maximum of six strokes. The penalty for
"conveying" (trafficking) illegal immigrants is a fine of MYR
10,000-50,000 (USD 3,030-15,151) for every individual
trafficked. An individual convicted for trafficking more
than five illegal immigrants will also be imprisoned for
between six months and five years, and caned up to a maximum
of six strokes.

-- Child Act (2001): Merges provisions from an array of
diverse legislation pertaining to children and young persons
(the Women and Girls Protection Act, the Juvenile Court Act,
and the Child protection Act) into one law. The Act
specifically prohibits trafficking of children and makes it
an offense to sell, let to hire, or procure (by threat or
intimidation by false pretense, fraud, or deceit) any child
(defined as anyone under the age of 18) for the purpose of
sexual exploitation. Penalties for these offenses are a
maximum prison term of 15 years and a maximum fine of MYR
50,000 (USD 15,151). The Child Act also authorizes the
police to provide protection and rehabilitation for children
in need. A child in need is defined to include a child who
"is being induced to perform any sexual act, or being in any
physical or social environment which may lead to the
performance of such act".

-- Passports Act: Criminalizes the forgery or alteration of
travel documents (including passports, residence permits, and
visas). Also criminalizes false statements or
misrepresentation used to gain illegal entry into Malaysia.
Penalties range from MYR 10,000-100,000 (USD 3,030-30,303)
fine, 5-10 years in prison, and six strokes of a cane.
Section 12(1)(f) of the Passports Act also criminalizes the
unlawful possession of another persons passport; the penalty
for which is a fine not exceeding MYR 10,000 (USD 3,030)
and/or imprisonment not exceeding five years.

Preventive Laws:

-- The Emergency (Public Order and Prevention of Crime)
Ordinance (EO): Used against persons, usually criminal
syndicates that are involved in illicit activities (such as
violent crime, document forgery and people smuggling),which
threaten public order.

-- Restricted Residence Act (RRA): Allows the government to
require individuals who are suspected of engaging in criminal
activity including trafficking to move to a pre-determined
location in the country and remain there under close police
supervision. The RRA does not require a formal charge to be
filed against the suspected individual.

B and C. (SBU) The comprehensive anti-TIP law does not
distinguish between trafficking for sexual and non-sexual
exploitation. In both cases, the law includes the same
guidelines for imprisonment and fines. If convicted of
trafficking in persons under the anti-TIP law, a person is
subject to a maximum sentence of 15 years and a fine. For
cases involving coercion, fraud, deception and cases of child
trafficking, the maximum sentence is 20 years and fine.
Profiting from the exploitation of a trafficking victim
carries a maximum sentence of 15 years and a fine of ranging
from MYR 50,000 - 150,000 (USD 15,030 - 45,454). The law
makes inadmissible and irrelevant prior consent of the
trafficking victim and past sexual behavior.


D. (SBU) The punishments for trafficking are commensurate
with those prescribed for rape. The prescribed penalties for
rape include a maximum sentence of 20 years and caning. If
the woman is hurt, "put in fear of death," is under 16 years
of age, pregnant, or a victim of incest, the maximum sentence
is 30 years and caning. If the victim dies, the sentence is
15-30 years and a minimum caning of ten strokes. Under
Malaysian law, rape is a crime of a man against a woman.

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Rape between men is covered under a different section of the
law with sentence guidelines of 5-20 years imprisonment and
caning.


E. (SBU) The AGO initiated prosecutions under the anti-TIP
law against seven alleged traffickers (all commercial sexual
exploitation cases) during the reporting period. One
suspected trafficker absconded while out on bail. His
whereabouts remained unknown. The AGO obtained its first
conviction under the anti-trafficking law on December 22.
The judge sentenced the trafficker to eight years in prison
for trafficking an Indian national for commercial sexual
exploitation. A Malaysian court found the former employer of
Nirmala Bonet, an Indonesian national physically abused and
disfigured while employed as a domestic worker, guilty of
three counts of committing grievous harm and sentenced her to
three concurrent 18-year terms, but remains free pending her
appeal (ref. E). The RMP also held three suspected
traffickers, two female Vietnamese and one Malaysian
national, under preventive laws. The RMP is currently
investigating at least two labor trafficking cases. Use of
preventative laws was consistent with law enforcement actions
taken against terrorists and narcotics traffickers and
perpetrators of other complex criminal conspiracies.

(SBU) The Malaysian government actively investigated cases of
trafficking involving victims of commercial sexual
exploitation. The GOM has not developed or implemented
procedures to identify victims of labor trafficking. Police
efforts to break criminal syndicates were complicated by
layers of intermediaries, some of whom reside outside
Malaysia. Often trafficking victims, both Malaysians who
have gone abroad and foreigners brought to Malaysia, may only
know one intermediary, who is probably using a false
identity. In investigating cases of trafficking, police
investigators attempted to question repatriated Malaysian
victims as soon as they returned, but the victims usually
could not or refused to provide enough information to assist
the investigation. In some cases, rescued victims feared
retaliation by the traffickers.

(SBU) The government did not prosecute employers who
confiscated passports of migrant workers although
confiscation of passports is in violation of Section 12(1)
(f) of the Passports Act. A significant number of employers,
who hired foreign migrant workers, held the wages of their
employees in "escrow" until completion of a contract. The
government has not acted to end the common practice by
Malaysian employers to confiscate migrant workers' passports.


F. (SBU) The GOM provided specialized training to government
personnel with responsibilities to combat trafficking. The
Women's Ministry conducted a series of training events for
the ministry's victim protection officers. The RMP and AGO
conducted in-house training and hosted training which
included representatives from Indonesia, Thailand, Cambodia,
Singapore, Australia, and the United States. The government
conducted workshops to disseminate GOM guidelines for
implementing the anti-TIP law. Both Tenaganita and SUHAKAM
provided instructors at government-sponsored training events.
The Malaysian Armed Forces received TIP awareness training
prior to peacekeeping deployments.


G. (SBU) The Philippines and Indonesian Embassies reported
that the RMP cooperated with them on anti-trafficking law
enforcement matters. Malaysia, the Philippines, Indonesia,
Cambodia, Brunei and Thailand used the guidelines of the
multilateral "Agreement on Information Exchange and the
Establishment of Communication Procedures" which established
a framework for cooperation on border and security incidents,
transnational crimes (including trafficking in persons),and
other illegal activities. Malaysia was an active partner in
the "Bali Process" initiated by Australia and Indonesia.


H. (SBU) There were no extraditions of Malaysian nationals

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for trafficking offenses in 2008 and no known requests.
Section 108A of the Penal Code allows Malaysian authorities
to prosecute a Malaysian who commits or abets a crime in
another country that would be deemed an offense under the
Penal Code. Malaysia is a party to the ASEAN Mutual Legal
Assistance Treaty, which is designed to facilitate and
expedite regional cooperation in fighting transnational
crime. Malaysian law does not prohibit extradition of
Malaysian nationals.


I. (SBU) During the reporting period there were widespread
reports from NGOs, international organizations, civil
society, and first hand accounts from refugees that
immigration officials were involved in the trafficking of
Burmese refugees from immigration detention centers (IDC) at
the Thai-Malaysian border, where some refugees were sold to
trafficking syndicates. In January 2009, the Foreign
Minister Rais and Home Minister Syed Hamid Albar publicly
denied the allegations. In a January 2009 interview for a
local news program, Director General of Immigration Makmood
bin Adam stated he was forming a "committee" to "interview
those with information (regarding the trafficking
allegations) and if there is evidence we will investigate and
write a report." In the interview, he stressed the committee
should not/not be mistaken as a public inquiry. He also said
the Immigration Department previously received information
about immigration officials' involvement, but that no
evidence was provided to substantiate the claims. In
November 2008, during a Parliamentary session, opposition
Member of Parliament Charles Santiago demanded a transparent
investigation after the Home Minister stated that a special
committee formed by the Immigration Department found no
evidence their officials were involved in trafficking of
Burmese refugees.


J. (SBU) As noted above, in paragraph I, credible reports
based on Burmese refugees' first hand accounts implicated
Malaysian immigration officials' involvement in the
trafficking of Burmese refugees along the Malaysian-Thai
border. Immigrations officials allegedly received MYR 700
(approximately $200) per person handed over to traffickers
operating along Thailand's southern border. Several local
NGOs estimated immigration officials handed over a
significant number of Burmese refugees to the traffickers,
who then demanded ransoms, ranging from MYR 1,000
(approximately $303) for children to MYR 1,900 - 2,500 ($575
- 758) for adults, in exchange for their freedom. Those
unable to pay were sold for the purpose of labor and
commercial sexual exploitation. Some reports indicated
traffickers sold small children not freed by ransom to child
beggar syndicates in the region. The government claims to
have investigated the allegations, but did not find evidence
they were true. Local NGOs and some local politicians are
calling for the government to conduct a transparent
investigation into the allegations.

(SBU) In July 2008, the government arrested and indicted the
Director-General (DG) and his deputy (DDG) for graft and
corruption involving the acceptance of bribes for issuance of
visas to migrant workers. Both officials were relieved of
their duties pending the outcome of their trial. The former
DG is accused of accepting bribes to approve the issuance of
work visas for Bangladeshi laborers, a group known to be
vulnerable to labor trafficking and exploitation. The former
DDG is accused of facilitating the issuance and extension of
social visas for Chinese nationals working as "Guest
Relations Officers" (GRO),a euphemism for women engaged in
prostitution. Activists and NGOs reported that trafficking
syndicates operating in Malaysia transport a significant
number of trafficking victims legally with work and "GRO"
visas. Local NGOs, such as Tenaganita and the Migration
Workers Group, told Post they believe some of the Bangladeshi
and Chinese nationals whose visas the former DG and his
deputy facilitated were possible TIP victims.


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K. (SBU) Federal law criminalizes profiting from
prostitution and bans pornography. The law also criminalizes
the act of prostitution by foreigners. Although not widely
enforced, under Malaysia's dual legal system incorporating
shari'a courts, Muslims are subject to Islamic laws
prohibiting "khalwat", or "close proximity", between men and
women who are not married to each other. Punishments varied
from state to state, usually included a fine and jail
sentence, but in most cases were settled with a warning and
did not involve selling of sexual services. Under federal
criminal law, solicitation and operating and/or owning a
brothel are criminal offenses. These laws were enforced.
Child prostitution is illegal and considered a serious
criminal offense.


L. (SBU) All Malaysian military personnel assigned to
peacekeeping missions received training on trafficking in
persons at Malaysia's Peacekeeping Training Center at Port
Dickson. There were no allegations that Malaysian
servicemembers were involved in TIP or exploited trafficking
victims.


M. (SBU) Malaysia did not have an identified child sex
tourism problem, although there were known instances of
victims under 18 years of age that were trafficked for sexual
exploitation. Police referred five minors, aged 16 to 17,
who were victims of commercial sexual exploitation to the
Women Ministry's TIP shelter for children. According to
credible sources, some sex tourism did occur in some
locations such as Labuan in East Malaysia.


5. PROTECTION AND ASSISTANCE TO VICTIMS (PARA 26)
-------------- --------------

A/B/C. (SBU) Malaysia's anti-TIP law allows government
officials to place suspected and certified TIP victims in
designated places of refuge, primarily the two shelters
operated by the Women's Ministry, for up to 90 days. The law
stipulates suspected TIP victims are given a medical
examination and treatment and/or hospitalization if required.
The law also protects the identity of TIP victims,
prohibiting the publication of TIP victims' photos, names,
and addresses. The RMP referred 98 suspected TIP victims to
the two government-operated shelters in Kuala Lumpur, one
designated for safeguarding minors. The Women's Ministry
identified a third shelter, located in the East Malaysian
city of Kota Kinabalu. The shelter is currently undergoing
renovation and is scheduled to open the first half of 2009.
The Women's Ministry is also planning to establish a fourth
shelter in Johor Baru, along the Malaysian-Singapore border
in 2009. The Women's Ministry identified a possible location
in Johor Baru in 2008, but rejected it as the location did
not meet the ministry's standards for a TIP shelter. The GOM
did not release budgetary information regarding the two
shelters. Some suspected trafficking victims continued to be
housed at immigration detention centers, pending
repatriation, but were not charged under immigration or other
possible violations. There was no information available
regarding funding and assistance the GOM provided to
trafficking victims and to NGOs involved in combating
trafficking. The GOM does not have designated facilities for
male TIP victims.

(SBU) The RMP also referred additional suspected TIP victims
to NGO and embassy operated shelters. The RMP in the east
Malaysian state of Sarawak requested Tenaganita open a
permanent office in the state capital, Kuching, to assist
police with trafficking victim counseling and repatriation.
Tenaganita coordinated with police in Sarawak to conduct a
series of rescues that resulted in 17 male Cambodians forced
to work on commercial fishing boats. Police also invited
Tenaganita to have counselors present during seven raids
conducted in and around Kuala Lumpur.

D/E. (SBU) The GOM houses TIP victims for a maximum 90 days

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in government-operated shelters. Magistrates have the
authority to authorize longer stays, depending on the AGO's
need and the TIP victims willingness to testify against
alleged traffickers. The GOM explained its policy is to
repatriate TIP victims as soon as practical, taking into
consideration legal proceedings against alleged traffickers,
in order to minimize TIP victims' trauma. The GOM does not
provide long-term housing/shelter or other resources to TIP
victims. Standard social services are available to Malaysian
nationals who are TIP victims.


F. (SBU) In addition to the formal referrals to government
operated shelters the Royal Malaysian Police continued its
informal process of referring suspected TIP victims to
shelters their respective embassies or Tenaganita operated.
Tenaganita's shelter can house up to 25 women. Most victims
remained at the shelter for an average of three months.
Tenaganita provided counseling, medical assistance and
language training to foreign and domestic victims of
trafficking. Tenaganita offered comprehensive services to
TIP victims. Previously, Tenaganita received funding from
PRM to operate their shelter for TIP victims. The Malaysian
Bar Council and the International Federation of Women Lawyers
(IFWL) continued to provide pro bono legal assistance to
victims of trafficking.


G. (SBU) Magistrates reviewed the cases of 98 suspected TIP
victims and formally certified 34 as TIP victims during the
reporting period. All 98 were admitted to the Women
Ministry's TIP victim shelters and received counseling from
the ministry's protection officers, who are trained social
service officials.


H. (SBU) Law enforcement agencies and the AGO issued
guidelines for identifying and processing suspected TIP
victims. Immigration authorities did not use an effective
system to screen detained foreign prostitutes for
identification as trafficking victims. Instead, immigration
officials reportedly processed them for the quickest possible
deportation. In some cases, especially those involving
deportation over land borders such as along the
Malaysian-Indonesian border on Borneo, this made trafficking
victims vulnerable to traffickers operating near the border.
Some unidentified victims continued to be charged for
prostitution and immigration charges. If victims were not
identified, they were often fined and later deported as
illegal immigrants.


I. (SBU) GOM officials respected the rights of suspected and
certified TIP victims. Suspected and certified TIP victims
were not charged with criminal or immigration violations.


J. (SBU) The Malaysian government encouraged victims to
assist in the investigation and prosecution of traffickers,
but reported that most victims were unwilling to testify or
did not have sufficient information to assist in a
prosecution. A trafficking victim may file a civil suit
against a trafficker under Malaysian law. For example, in a
case involving 1,300 Vietnamese workers, local and
international NGOs assisted workers in filing grievances and
civil suit against an employer who did not pay them the
salary promised and forced them to work in abusive
conditions. While there were no specific impediments to the
victims' access to such legal redress, they usually were not
allowed to obtain employment while the court considered their
cases. For economic reasons victims usually did not pursue
this type of action. Victims who were material witnesses in
court cases against suspected traffickers were sheltered
within the Women Ministry's TIP shelter until the case was
concluded or their testimony finished, at which time they
were repatriated. There were no government restitution
programs for victims during the reporting period.


K. (SBU) The RMP, AGO, and Women's Ministry provided
specialized training on identifying TIP victims to the

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respective government agencies and staff involved in
combating TIP. The government does not train staff in its
embassies and consulates to provide assistance and protection
to Malaysians trafficked overseas. The government did not
release information on the number of Malaysian TIP victims it
assisted.


L. (SBU) Repatriated Malaysian victims who did not have the
support of family or friends were referred to the Women's
Ministry for public assistance. The welfare wing of a
political party, the Malaysian Chinese Association (MCA),
also offered services to repatriated victims.


M. (SBU) Tenaganita, Sisters of the Good Shepherd (a
Catholic religious order) and various international
organizations, including the International Organization for
Migration and the United Nations High Commission for Refugees
repatriated victims, provided some social services, and
coordinated continued support in victims' respective
countries. The RMP cooperated with these organizations in
their repatriation efforts.


6. PREVENTION (PARA 27)
--------------


A. (SBU) The GOM did not sponsor anti-trafficking
information or education campaigns during the reporting
period. The National Council of Women Organization, a member
of the national TIP council, conducted a national anti-TIP
workshop for master trainers as part of its awareness program
in November 2008. Tenaganita, in cooperation with the RMP,
distributes information regarding a 24-hour hotline for
reporting cases of domestic worker abuse, including
situations involving forced labor. The information targets
both potential victims and people who may have knowledge of
alleged abuses. The GOM did not conduct an awareness
campaign to reduce "demand" that facilitated labor
trafficking. In the GOM's UPR submission, the government
asserted it embarked on a public awareness campaign. Post
contacted GOM sources and the awareness campaign was limited
to some GOM agencies and did not, at this time, target the
public.


B. (SBU) The Immigration Department continued to deploy a
biometric system to screen individuals for prior entry into
Malaysia. This system also guarded against entry under
assumed identities, which traffickers sometimes used when
bringing victims through border crossings.


C. (SBU) The national TIP Council coordinated the GOM's
anti-TIP efforts. Government agencies worked closely with
NGOs, civil society organizations, and international
organizations on TIP during the reporting cycle. Police
worked with Tenaganita and the Catholic Church to shelter and
assist repatriating rescued trafficking victims to their
countries of origin. Police cooperation with the Catholic
Church provided an international network capable of linking
rescued victims with NGOs and civil society organizations in
their countries of origin.


D. (SBU) SUHAKAM was the primary member of the national TIP
Council's drafting of a national TIP action plan. The plan
addressed four main components, 1) prevention and awareness,
2) victim protection, care, and support, 3) legislative
framework and policy development, and 4) law enforcement.
The Home Ministry, RMP, and Women's Ministry also provided
input into the draft action plan. The GOM did not make
public information regarding the action plan's details or
finalization. The GOM began implementing elements of the
draft action plan by focusing on developing GOM anti-TIP
capabilities and implementing the anti-TIP law.


E. (SBU) The GOM regularly briefed the mainstream media
about police raids on brothels. Police targeted raids on
venues used as fronts for brothels, such as karaoke bars,

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hotels, spas, etc.


F. (SBU) Post does not have information regarding GOM
efforts to reduce the participation in international child
sex tourism by Malaysian nationals.


G. (SBU) All Malaysian troops assigned to peacekeeping
missions attended specialized training on TIP at the
Peacekeeping Training Center in Port Dickson, Malaysia. No
TIP-related charges or allegations of misconduct were filed
against Malaysian servicemembers during the reporting period.


7. NOMINATION OF HEROES & BEST PRACTICES (PARAS 28 & 29)
-------------- --------------

(SBU) TIP Hero: Alice Nah, Migration Working Group: Alice is
a passionate defender for the rights of TIP victims,
refugees, and labor migrants in Malaysia. She is a founding
member of the Migration Working Group (MWG),a network of
lawyers, academicians and volunteers whose primary focus is
to care, protect, and defend the rights of refugees and
migrant workers who are especially vulnerable to becoming
victims of forced labor. Through the efforts of MWG's
network, Alice is involved in a campaign urging law
enforcement agencies to effectively identify and protect
refugees and migrant workers who become TIP victims. Alice
raises government and public awareness through online
articles describing the plight of TIP victims, refugees, and
migrant workers. Her most recent article, widely publicized
by local and international media, in January 2009 addressed
the trafficking of Burmese refugees along the Malaysian-Thai
border. The MWG was an active member of the United Nation's
Universal Periodic Review on Malaysia. In that context, she
addressed GOM human rights efforts, including TIP, and
presented recommendations of how the GOM can improve its
record and act more transparently in addressing human rights
and TIP issues.

(SBU) Best Practices: Our submission is the repatriation
assistance and counseling provided by the Sisters of the Good
Shepherd in Malaysia. This Catholic organization is most
active in East Malaysia and works closely with the RMP and
Tenaganita. The Good Shepherds provide sanctuary for rescued
TIP victims in Sabah. While awaiting victims' repatriations,
the sisters of the Order provide counseling and emotional
support to the victims. They use the Order's established
network to coordinate receipt of TIP victims in their country
of origin so the victims are connected with social services
and NGOs focused on assisting TIP. The Order provided
assistance to TIP victims from the Philippines, Vietnam,
Cambodia, Indonesia, and elsewhere during the reporting
period. The global network of the Good Shepherds helps
maximize the assistance available to TIP victims upon their
repatriation.

KEITH