ATTORNEY GENERAL STRESSES INCREASED GOM ENGAGEMENT

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000583

SIPDIS

FOR EAP/MTS AND G/TIP

E.O. 12958: DECL: 07/15/2019
TAGS: KTIP KCRM KWMN MY PGOV PHUM PREL SMIG
SUBJECT: ATTORNEY GENERAL STRESSES INCREASED GOM ENGAGEMENT
ON TIP

Classified By: ADCM Marrie Schaefer for reasons 1.4 b and d.

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


1. (C) In A July 13 meeting with the Ambassador undertake
at our initiative, Attorney General Abdul Gani Patail
affirmed the GOM was committed to achieving progress on TIP
enforcement issues. He welcomed embassy assistance and
involvement in the process, exemplified by an invitation for
emboffs to participate in an unprecedented July 15 meeting
involving AGC (Attorney General Chambers) officials and the
leading local NGO dealing with TIP. End Summary


2. (SBU) Ambassador Keith, accompanied by LEGAT and
acting Polcouns, met with Attorney General Gani and his top
staff on July 13 to discuss TIP (among other issues reported
septels). The Ambassador underscored the Obama
Administration,s high priority accorded to fighting TIP,
including Secretary Clinton,s personal involvement. The
Ambassador conveyed our strong desire to partner with the
Attorney General and his colleagues to achieve tangible
progress toward eliminating TIP in Malaysia.


3. (C) The Ambassador thanked the AG for including
emboffs in a July 15 meeting involving AGC staff, Tenaganita
(the leading local NGO engaged on TIP) and the national human
rights commission SUHAKAM. Gani asserted that "on TIP we
(i.e. the AG and his staff) have done our part," "moved the
police force" and "took some risks to move ahead." Noting
that while Tenaganita "seemed to be anti-government," Gani
acknowledged that the NGOs "had raised some valid, serious
points," and Tenaganita "needed to be included in any case
given their leading role on the TIP issue." ((Note.
Tenaganita,s chief coordinator for TIP Aegile Fernandez
separately told us that she will be attending the July 15
meeting "with an open mind" regarding the AGC,s intentions.
End Note.))


4. (C) The Ambassador summarized briefly our bilateral
interaction on TIP issues over the past several years, citing
real progress on the subject of trafficking in women victims
who often ended up in brothels; our serious concern about
allegations of official complicity in trafficking of Burmese
refugees and our anticipation that ongoing investigations by
the relevant authorities in Malaysia would produce tangible
results; and our wish to explore further with Malaysian
authorities the complex set of issues related to labor
trafficking, involving both men and women, which still needed
increased emphasis from the Malaysian authorities, due in no
small part to the overlap between sensitive immigration and
employment issues that were sometimes conflated with the
problems of victims of trafficking.



5. (C) Gani agreed that the labor issue was the more complex
and difficult of these, with more interest groups with
diverging objectives involved, along with very porous borders
facilitating illegal movements of labor migrants. The AG
cited Indonesia,s and Malaysia,s recent agreement to resume
sending maids to Malaysia, and progress on formulating a new
GOM-GOI MOU, as positive steps. Gani also said that if
Malaysian officials were found to be involved in trafficking
he would see to it that malefactors would be investigated and
prosecuted.


5. (C) Gani said even though he believed sufficient laws
already existed, he had pushed through Malaysia,s TIP law
because he wanted to demonstrate to the U.S. and others in
the international community that the GOM was committed to
strong engagement on TIP. Predictably, he continued, the
passage of the law had not alleviated continuing problems in
enforcement. The Ambassador stressed that political will was
indeed key, and recalled that by robustly engaging the TIP
issue South Korea had managed to go from a Tier 3 to a Tier 1
country in a short time. Gani emphasized his government,s
fervent desire to return to the
Tier 2 if not Tier 1 status. Venting mildly his frustration
with Malaysia,s Tier 3 status, Gani wondered rhetorically
what distinctions could be made between Malaysia and its
neighbors that led to the conclusion that somehow Malaysia
was in worse shape. He requested U.S. help in pressing TIP
source countries such as Indonesia and the Philippines to
cooperate with the GOM on the issue. Gani also indicated
that Foreign Minister Anifah planned to raise the TIP issue
at this week,s NAM meeting in Egypt, both as a means of
highlighting Malaysia,s renewed commitment to advance
anti-TIP efforts and to elicit support from NAM countries for
that position. The Ambassador agreed that TIP was a regional
issue and said the U.S. would continue to engage ASEAN

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countries and ASEAN itself on TIP. He also noted the
importance of clearly distinguishing between TIP and people
smuggling, recognizing the link between the two in
Malaysia,s anti-trafficking law.

KEITH