MALAYSIA: TIP TIER 3 ACTION PLAN (2009-2010)

UNCLAS STATE 115569

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: KTIP PREL KCRM KWMN PHUM SMIG MY
SUBJECT: MALAYSIA: TIP TIER 3 ACTION PLAN (2009-2010)

REF: A. A: 2009 STATE 66260

B. B: 2007 STATE 150188


1. (U) This is an action cable: please see paragraphs 4-8.


2. (U) The 2009 Trafficking in Persons (TIP) Report carries
policy and programmatic implications for those countries
listed on Tier 3 (i.e. those countries whose governments do
not fully comply with the minimum standards for the
elimination of trafficking and are not making significant
efforts to do so).


3. (SBU) The following statement is for Post's information
only. The Department prepared a &short-term8 action plan
for some Tier 3 countries with recommended steps that, if
taken, would constitute significant efforts and qualify for
reassessment to Tier 2 Watch List prior to the Presidential
determination on sanctions. The Government of Malaysia was
provided with a &short-term8 action plan (see ref A),
however it did not complete the mandatory steps in the action
plan within 75 days of the TIP Report's release (by August
31, 2009) and thus Malaysia remains on Tier 3. On September
14, 2009, President Obama issued a determination that waived
full sanctions for Malaysia, because he determined that doing
so would promote the purposes of the TVPA or was otherwise in
the national interest of the United States. (Note: the term
"sanctions" is used herein to describe sanctions defined in
the TVPA, including provision for directed voting in
international financial institutions (IFIs)).


4. (U) Begin action request: Drawing from points in para 7,
Post is requested to approach appropriate host government
officials to highlight the United States' strong commitment
to continue to work with the Government of Malaysia to help
strengthen its efforts to combat and prevent trafficking in
persons (TIP) and to assist victims. Post is requested to
convey the recommendations in para 8 as a non-paper and draw
from the talking points in para 7 to explain to the host
government the need for prompt action on these
recommendations. The &Implementation Guidelines8
referenced in the action plan notes are contained in reftel

B. These guidelines provide guidance to posts on how the
Minimum Standards of the Trafficking Victims Protection Act,
as amended, (TVPA) are implemented, and have been cleared by
regional bureaus.


5. (U) Action request continued: Post is further requested
to emphasize to the Government of Malaysia that these
recommendations are designed to help remedy the specific
shortcomings identified in the 2009 TIP Report. Sustained
and significant anti-trafficking efforts by the government
throughout the reporting period (March 1, 2009 through March
31, 2010) year will be the basis for determining next year's
tier placement.


6. (U) Action request continued: Please keep in mind the
TIP Report measures host government efforts. In order for
anti-trafficking activities financed or conducted principally
by parties outside the government to be considered for tier
placement purposes, Post needs to demonstrate a concrete role
or tangible value-added by a host government in such
activities carried out by NGOs, international organizations,
or posts.


7. (SBU) Background Points:

Begin talking points:

-- The Obama Administration views the fight against human
trafficking, both at home and abroad, as a critical piece of
our foreign policy agenda. We are committed to making
progress on this issue in the months ahead by working closely
with partners in every country.

-- Malaysia was placed on Tier 3 in this year's Report
because it does not fully comply with the minimum standards
for the elimination of trafficking in persons, as set forth
in the U.S. law (the Trafficking Victims Protection Act, as
amended),nor is it making significant efforts to comply with
those standards.

--While the government took initial actions under the
anti-trafficking law against sex trafficking, it has yet to
fully address the broad range of trafficking in persons
issues in Malaysia, particularly labor trafficking.

--Credible allegations of involvement of Malaysian
immigration officials in trafficking Burmese refugees are a
continuing concern. The July 2009 arrest of officials
alleged to be involved in such trafficking was a welcome
step. Prosecution of those involved would send a powerful
signal that the GOM is determined to eliminate trafficking.

-- Ambassador CdeBaca,s visit at the end of August was a
useful start to our dialogue on TIP issues. We were pleased
to hear at that time some of the specific actions the GOM is
considering taking to combat trafficking, including plans to
announce in mid-September a comprehensive TIP National Action
Plan. We encourage the GOM to follow-up on these actions and
commitments in the very near future.

-- We provide a non-paper which contains several recommended
actions to tackle specific shortcomings highlighted in the
2009 TIP Report. These are consistent with the short-term
action plan we presented in June 2009. We will reconsider
Malaysia,s tier placement when we conduct our annual
assessment for the 2009-2010 reporting period next spring.
Significant actions in these areas can lead to a more
favorable tier placement; conversely, failure to make
significant efforts to address these issues mentioned above
may cause Malaysia to remain on Tier 3.

-- We welcome the Government of Malaysia,s comments on these
recommendations and look forward to continued partnership and
engagement with your government in addressing the problem of
trafficking in persons.

-- The USG is prepared to provide technical assistance and
training appropriate for law enforcement, immigration,
prosecutors, judges, other government officials, and RELA
members on the effective handling of both sex and labor
trafficking cases. For example, we are now scheduling a
visit by a federal prosecutor, FBI Agent, and victim
counseling specialist, all experienced in U.S.
anti-trafficking measures, to train a select group of their
Malaysian counterparts on how such cases are, to include
victim counseling services, are addressed in the United
States. The training is scheduled to take place before the
end of November 2009, and we are awaiting a response from the
Malaysian Attorney Generals, Chambers on possible dates for
the training to take place. We look forward to feedback from
the GOM on the types of TIP training and assistance that
might be of most value.

End talking points.


8. (SBU) Begin Action Plan/ Non-Paper:

During the next six months, the USG looks forward to
partnering with the Government of Malaysia to promote
improvements in combating trafficking in persons. We also
encourage the Government of Malaysia to work with foreign
diplomatic missions directly affected, including Bangladesh,
Indonesia, Thailand, and Vietnam.

Based on the findings of the June 2009 U.S. TIP Report and
the subsequent discussions with the Malaysian government, the
U.S. recommends that the Government of Malaysia take the
following significant steps through March 2010 which would
receive positive consideration in the 2010 TIP report and
tier ranking:


A. Take strong law enforcement actions under the
Trafficking in Persons Act, particularly relating to cases of
labor trafficking. Such actions could include arresting
suspected traffickers and those involved in
fraudulent labor recruitment and the exploitation of forced
labor, and prosecuting them under the Trafficking in Persons
Act, and conducting raids to free suspected victims
who are held against their will by employers and labor agents
(Note: Raids should be carefully planned to ensure the safety
of all involved, free trafficking victims while
minimizing harm to others, and include post-rescue care
arranged for victims). Action in this regard should include
an increase in the number of arrests and
prosecutions leading to convictions and sentences for both
sex and labor trafficking. Imposed sentences should
involve significant jail time.


B. Complete investigations into reports of Burmese
refugees trafficked to the border of Thailand and arrest and
prosecute suspected complicit Malaysian officials and other
traffickers using the Trafficking in Persons Act.



C. Develop and implement procedures to identify trafficking
victims of both sex and labor trafficking among vulnerable
groups, such as undocumented refugees, migrant laborers,
individuals detained for immigration violations, and foreign
women and children arrested for prostitution, and refer them
to available protective services.


D. Re-examine existing MOUs with source countries to
incorporate victim protection and revoke passport or travel
document confiscation.


E. Issue and publicize a National Action Plan on combating
trafficking, highlighting in the public announcement that
combating TIP is a priority to GOM.


F. Expand the training of law enforcement, immigration,
prosecutors, judges, other government officials, and RELA
members on the effective handling of both sex and labor
trafficking cases and on the use of the 2007
comprehensive trafficking law. Training should emphasize the
protection of witnesses and victims, regardless of their
legal status in Malaysia.


G. Conduct a broad public awareness campaign to inform
employers of the rights of foreign workers, regardless of
their legal status, emphasizing obligations toward foreign
domestic workers and other laborers, and highlighting the
consequences of abusing such workers. Increase efforts to
raise awareness of the consequences of trafficking for
commercial sexual exploitation. Consider distributing
leaflets and placing billboards/posters at Malaysian
embassies overseas, airports, and other transportation hubs
that describe how to recognize trafficking.

End Action Plan/ Non-Paper.

Begin Annex to Non-Paper

Annex

-- Per the U.S. State Department's Implementation Guidelines
for the Trafficking Victims Protection Act Minimum Standards,
victims should not be expected to self-identify due to
possible feelings of shame or fear of retribution from their
traffickers or punishment by the government, and should go
beyond the mere checking of an individual's papers.

-- Proactive measures for victim identification are
particularly necessary among groups vulnerable to
trafficking, such as foreigners being held for deportation
and women arrested for prostitution, and it is most
appropriate in areas where these potential victims may
interface with the government, including detention centers,
deportation centers, and police stations.

-- Procedures to identify trafficking victims of both sex and
labor trafficking should:


1. Articulate a policy promoting proactive screening
for victims, and training personnel in victim identification
methods or assigning already trained personnel to high-risk
areas.


2. Include the use of social workers and other
professionals trained specifically in trafficking victim
identification to interview those in vulnerable groups for
evidence of trafficking.


3. Include measures that ensure that identified victims
of trafficking, including victims of labor trafficking and
victims without legal status in the country, are not
prosecuted, detained, or otherwise penalized for
acts committed as a result of being trafficked, such as
violation of immigration provisions or prostitution.


4. Include a standard referral provisions that ensure
victims receive access to victim services, such as primary
health care, counseling and shelter. Provide access to
counselors who are trained to deal with the multiple
psychological and overwhelming emotional issues associated
with being a victim of trafficking. Victims should be
encouraged to recount their trafficking experience to
trained social counselors and law enforcement. If these
investigations are unduly constrained by existing law, the
government should explore avenues for exceptions
to allow for an appropriately thorough investigation
conducted at a reasonable pace with minimal pressure.
Establishing a standard referral procedure to
transfer identified victims to NGO victim services is
recommended.


9. (U) Post's continued assistance and efforts in the fight
to eliminate trafficking in persons are greatly appreciated.
CLINTON