Identifier
Created
Classification
Origin
09STATE60437
2009-06-11 20:04:00
UNCLASSIFIED
Secretary of State
Cable title:  

BRUNEI -- 2009 TIP REPORT: PRESS GUIDANCE AND

Tags:  KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG BX 
pdf how-to read a cable
VZCZCXYZ0003
OO RUEHWEB

DE RUEHC #0437 1622028
ZNR UUUUU ZZH
O 112004Z JUN 09
FM SECSTATE WASHDC
TO AMEMBASSY BANDAR SERI BEGAWAN IMMEDIATE 0000
UNCLAS STATE 060437 

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG BX
SUBJECT: BRUNEI -- 2009 TIP REPORT: PRESS GUIDANCE AND
DEMARCHE

REF: A. (A) STATE 59732

B. (B) STATE 005577

UNCLAS STATE 060437

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAB KCRM KPAO KWMN PGOV PHUM PREL SMIG BX
SUBJECT: BRUNEI -- 2009 TIP REPORT: PRESS GUIDANCE AND
DEMARCHE

REF: A. (A) STATE 59732

B. (B) STATE 005577


1. This is an action cable; see paras 5 through 7 and 10.


2. On June 16, 2009, at 10:00 a.m. EDT, the Secretary will
release the 2009 Trafficking in Persons (TIP) Report at a
press conference in the Department's press briefing room.
This release will receive substantial coverage in domestic
and foreign news outlets. Until the time of the Secretary's
June 16 press conference, any public release of the Report or
country narratives contained therein is prohibited.


3. The Department is hereby providing Post with advance press
guidance to be used on June 16 or thereafter. Also provided
is demarche language to be used in informing the Government
of Brunei of its tier ranking and the TIP Report's imminent
release. The text of the TIP Report country narrative is
provided, both for use in informing the Government of Brunei
and in any local media release by Post's public affairs
section on June 16 or thereafter. Drawing on information
provided below in paras 8 and 9, Post may provide the host
government with the text of the TIP Report narrative no
earlier than 1200 noon local time Monday June 15 for WHA, AF,
EUR, and NEA countries and OOB local time Tuesday June 16 for
SCA and EAP posts. Please note, however, that any public
release of the Report's information should not/not precede
the Secretary's release at 10:00 am EDT on June 16.


4. The entire TIP Report will be available on-line at
www.state.gov/g/tip shortly after the Secretary's June 16
release. Hard copies of the Report will be pouched to posts
in all countries appearing on the Report. The Secretary's
statement at the June 16 press event, and the statement of
and fielding of media questions by G/TIP,s Director and
Senior Advisor to the Secretary, Ambassador-at-Large Luis
CdeBaca, will be available on the Department's website
shortly after the June 16 event. Ambassador de Baca will
also hold a general briefing for officials of foreign
embassies in Washington DC on June 17 at 3:30 pm EDT.



5. Action Request: No earlier than 12 noon local time on
Monday June 15 for WHA, AF, EUR, and NEA posts and OOB local
time on Tuesday June 16 for SCA and EAP posts, please inform
the appropriate official in the Government of Brunei of the
June 16 release of the 2009 TIP Report, drawing on the points
in para 9 (at Post's discretion) and including the text of
the country narrative provided in para 8. For countries
where the State Department has lowered the tier ranking, it
is particularly important to advise governments prior to the
Report being released in Washington on June 16.


6. Action Request continued: Please note that, for those
countries which will not receive an "action plan" with
specific recommendations for improvement, posts should draw
host governments' attention to the areas for improvement
identified in the 2009 Report, especially highlighted in the
"Recommendations" section of the second paragraph of the
narrative text. This engagement is important to establishing
the framework in which the government's performance will be
judged for the 2010 Report. If posts have questions about
which governments will receive an action plan, or how they
may follow up on the recommendations in the 2009 Report,
please contact G/TIP and the appropriate regional bureau.


7. Action Request continued: On June 16, please be prepared
to answer media inquiries on the Report's release using the
press guidance provided in para 11. If Post wishes, a local
press statement may be released on or after 10:30 am EDT June
16, drawing on the press guidance and the text of the TIP
Report's country narrative provided in para 8.


8. Begin Final Text of Brunei,s country narrative in the
2009 TIP Report:

--------------
BRUNEI (TIER 2)
--------------
Brunei is a destination country for men and women trafficked
for the purpose of forced labor and commercial sexual
exploitation. Brunei is mainly a destination country for
men and women recruited from Indonesia, Malaysia, the
Philippines, Pakistan, India, Bangladesh, the People,s
Republic of China (PRC),and Thailand for domestic or
low-skilled labor. A limited number of the 88,000 foreign
workers in Brunei face poor labor conditions that amount to
involuntary servitude. There were credible reports of a
limited number of nationals from Asian countries working for
little or no pay for up to two years to pay back foreign
recruitment agents. Many of the 25,000 female domestic
workers in Brunei were required to work exceptionally long
hours without being granted a day for rest, creating an
environment highly conducive to involuntary servitude.
There were isolated instances of women forced into
prostitution in Brunei, and there were also isolated reports
that women arrested for prostitution attested to having been
victims of trafficking.

The Government of Brunei does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. While
the government has laws to prosecute trafficking, it did not
investigate, prosecute, or convict any offenders of
trafficking during the reporting period. The government did
not identify any victims of trafficking in 2008.

Recommendations for Brunei: Enforce the 2004
anti-trafficking in persons law by investigating and
prosecuting sex trafficking and labor trafficking offenses
and convicting and punishing trafficking offenders; adopt a
proactive, comprehensive system to formally identify victims
of trafficking among vulnerable groups such as foreign
workers and foreign women and children in prostitution; train
law enforcement, immigration, and prosecutors on the use of
the anti-trafficking law; and implement a visible
anti-trafficking awareness campaign directed at employers of
foreign workers.

Prosecution
--------------
The government did not demonstrate significant
anti-trafficking law enforcement efforts during the reporting
period. The Government of Brunei prohibits sex and labor
trafficking in its Trafficking and Smuggling Persons Order of
2004, which prescribes penalties of up to 30 years,
imprisonment - penalties that are sufficiently stringent and
commensurate with penalties prescribed for other serious
offenses; however, there have never been any prosecutions
under this order. There were no trafficking cases
investigated by Brunei authorities during the reporting
period and there were no complaints or allegations of
trafficking filed. Foreign workers, complaints of
exploitation, such as contract switching and non-payment of
salaries, are usually tried under the Labor Act, which
carries administrative penalties. The Department of Labor
regularly investigates foreign workers, labor complaints
such as job switching, salary deductions for recruitment
fees, salary based on false promises, and high recruitment
fees paid by the prospective employee - though it did not
identify any cases of trafficking among them.

Protection
--------------
Brunei did not demonstrate significant efforts to protect and
assist trafficking victims this year. While the Brunei
Immigration Department questions foreign workers during
immigration raids to identify possible trafficking victims,
Brunei does not have a proactive, comprehensive system to
formally identify victims of trafficking among vulnerable
groups, such as foreign workers and foreign women and
children in prostitution. Although immigration authorities
actively identified violators of immigration law, the
government did not identify any trafficking victims during
the reporting period. Although it is illegal for employers
in Brunei to withhold wages of their domestic servants for
more than 10 days, a few families are known to withhold wages
to compensate for recruitment fees they are charged by
overseas recruitment agencies. Most labor laws apply only to
citizens of Brunei, and currently fail to protect skilled and
unskilled foreign workers from exploitation. While there are
no foreign NGOs or international organizations in Brunei to
provide victim support, the embassies of several source
countries provide shelter, mediation, and immigration support
services to their nationals, in coordination with the Brunei
government.

Prevention
--------------
Brunei demonstrated limited prevention efforts during the
reporting period. In 2008, the Brunei police ran an internal
workshop for members of the anti-vice unit on how to identify
trafficking victims. Law enforcement officials participate
in several regional training programs on trafficking. The
government provides arrival briefings for foreign workers,
inspects worker facilities, and runs a telephone hotline for
worker complaints. It is an offence under the Labor Act for
any local agency to charge foreign workers recruitment fees
or to withhold a salary to recoup foreign worker processing
fees. Although the government forbade wage deductions to
agencies or sponsors and mandated that employees receive
their full salaries, foreign workers continued to pay high
fees to overseas recruitment agents to obtain work in Brunei.
During the reporting period, there were 135 complaints by
foreign workers against employers who failed to pay salaries.
Seventeen of the complaints by domestic workers and 73 of
the complaints by workers in other fields were resolved,
largely through mediation; the remaining complaints are still
under investigation. The Government of Brunei has not
conducted public awareness campaign programs on trafficking.
Brunei has not ratified the 2000 UN TIP Protocol.


9. Post may wish to deliver the following points, which offer
technical and legal background on the TIP Report process, to
the host government as a non-paper with the above TIP Report
country narrative:

(begin non-paper)

-- The U.S. Congress, through its passage of the 2000
Trafficking Victims Protection Act, as amended (TVPA),
requires the Secretary of State to submit an annual Report to
Congress. The goal of this Report is to stimulate action and
create partnerships around the world in the fight against
modern-day slavery. The USG approach to combating human
trafficking follows the TVPA and the standards 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 (commonly known as the "Palermo Protocol"). The TVPA
and the Palermo Protocol recognize that this is a crime in
which the victims, labor or services (including in the "sex
industry") are obtained or maintained through force, fraud,
or coercion, whether overt or through psychological
manipulation. While much attention has focused on
international flows, both the TVPA and the Palermo Protocol
focus on the exploitation of the victim, and do not require a
showing that the victim was moved.

-- Recent amendments to the TVPA removed the requirement that
only countries with a "significant number" of trafficking
victims be included in the Report. Beginning with the 2009
TIP Report, countries determined to be a country of origin,
transit, or destination for victims of severe forms of
trafficking are included in the Report and assigned to one of
three tiers. Countries assessed as meeting the "minimum
standards for the elimination of severe forms of trafficking"
set forth in the TVPA are classified as Tier 1. Countries
assessed as not fully complying with the minimum standards,
but making significant efforts to meet those minimum
standards are classified as Tier 2. Countries assessed as
neither complying with the minimum standards nor making
significant efforts to do so are classified as Tier 3.

-- The TVPA also requires the Secretary of State to provide a
"Special Watch List" to Congress later in the year.
Anti-trafficking efforts of the countries on this list are to
be evaluated again in an Interim Assessment that the
Secretary of State must provide to Congress by February 1 of
each year. Countries are included on the "Special Watch
List" if they move up in "tier" rankings in the annual TIP
Report -- from 3 to 2 or from 2 to 1 - or if they have been
placed on the Tier 2 Watch List.

-- Tier 2 Watch List consists of Tier 2 countries determined:
(1) not to have made "increasing efforts" to combat human
trafficking over the past year; (2) to be making significant
efforts based on commitments of anti-trafficking reforms over
the next year, or (3) to have a very significant number of
trafficking victims or a significantly increasing victim
population. As indicated in reftel B, the TVPRA of 2008
contains a provision requiring that a country that has been
included on Tier 2 Watch List for two consecutive years after
the date of enactment of the TVPRA of 2008 be ranked as Tier

3. Thus, any automatic downgrade to Tier 3 pursuant to this
provision would take place, at the earliest, in the 2011 TIP
Report (i.e., a country would have to be ranked Tier 2 Watch
List in the 2009 and 2010 Reports before being subject to
Tier 3 in the 2011 Report). The new law allows for a waiver
of this provision for up to two additional years upon a
determination by the President that the country has developed
and devoted sufficient resources to a written plan to make
significant efforts to bring itself into compliance with the
minimum standards.

-- Countries classified as Tier 3 may be subject to statutory
restrictions for the subsequent fiscal year on
non-humanitarian and non-trade-related foreign assistance
and, in some circumstances, withholding of funding for
participation by government officials or employees in
educational and cultural exchange programs. In addition,
the President could instruct the U.S. executive directors to
international financial institutions to oppose loans or other
utilization of funds (other than for humanitarian,
trade-related or certain types of development assistance)
with respect to countries on Tier 3. Countries classified as
Tier 3 that take strong action within 90 days of the Report's
release to show significant efforts against trafficking in
persons, and thereby warrant a reassessment of their Tier
classification, would avoid such sanctions. Guidelines for
such actions are in the DOS-crafted action plans to be shared
by Posts with host governments.

-- The 2009 TIP Report, issuing as it does in the midst of
the global financial crisis, highlights high levels of
trafficking for forced labor in many parts of the world and
systemic contributing factors to this phenomenon: fraudulent
recruitment practices and excessive recruiting fees in
workers, home countries; the lack of adequate labor
protections in both sending and receiving countries; and the
flawed design of some destination countries, "sponsorship
systems" that do not give foreign workers adequate legal
recourse when faced with conditions of forced labor. As the
May 2009 ILO Global Report on Forced Labor concluded, forced
labor victims suffer approximately $20 billion in losses, and
traffickers, profits are estimated at $31 billion. The
current global financial crisis threatens to increase the
number of victims of forced labor and increase the associated
"cost of coercion."

-- The text of the TVPA and amendments can be found on
website www.state.gov/g/tip.

-- On June 16, 2009, the Secretary of State will release the
ninth annual TIP Report in a public event at the State
Department. We are providing you an advance copy of your
country's narrative in that report. Please keep this
information embargoed until 10:00 am Washington DC time June

16. The State Department will also hold a general briefing
for officials of foreign embassies in Washington DC on June
17 at 3:30 pm EDT.

(end non-paper)


10. Posts should make sure that the relevant country
narrative is readily available on or though the Mission's web
page in English and appropriate local language(s) as soon as
possible after the TIP Report is released. Funding for
translation costs will be handled as it was for the Human
Rights Report. Posts needing financial assistance for
translation costs should contact their regional bureau,s EX
office.


11. The following is press guidance provided for Post to use
with local media.

Q1: Why was Brunei ranked in the TIP Report this year? Why
was it given a ranking of Tier 2?

A:In prior years, TIP Reports, a "significant number"
(defined to be 100 or more) of trafficking victims had to be
documented for a country to be ranked in the TIP Report. The
William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008 eliminated this requirement,
thereby expanding the scope of countries included in this
year,s Report. Brunei was part of that expansion.
Brunei was placed on Tier 2 because it does not comply with
the minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so.

Q2: What progress has Brunei made during the last year in
combating trafficking?
A: In 2008, the Brunei police ran an internal workshop for
members of the anti-vice unit on how to identify trafficking
victims. Law enforcement officials participate in several
regional training programs on trafficking. The government
provides arrival briefings for foreign workers, inspects
worker facilities, and runs a telephone hotline for worker
complaints.

Q3: What can Brunei do to improve its fight against
trafficking in persons?
A: The Government of Brunei government could: enforce the
2004 anti-trafficking in persons law by investigating and
prosecuting sex trafficking and labor trafficking offenses
and convicting and punishing trafficking offenders; adopt a
proactive, comprehensive system to formally identify victims
of trafficking among vulnerable groups such as migrant
workers and foreign women and children in prostitution; train
law enforcement, immigration, and prosecutors on the use of
the anti-trafficking law; and implement a visible
anti-trafficking awareness campaign directed at employers of
foreign workers.


12. The Department appreciates posts, assistance with the
preceding action requests.
CLINTON