INDONESIA -- 2009 TIP REPORT: PRESS GUIDANCE AND

UNCLAS SECTION 01 OF 07 STATE 060445

SIPDIS

E.O. 12958: N/A
TAGS: KTIP ELAP KCRM KPAO KWMN PGOV PHUM PREL SMIG ID
SUBJECT: INDONESIA -- 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 Indonesia 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 Indonesia 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 Indonesia 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 Indonesia,s country narrative in the
2009 TIP Report:

--------------
INDONESIA (TIER 2)
--------------

Indonesia is a major source of women, children, and men
trafficked for the purposes of forced labor and commercial
sexual exploitation. To a far lesser extent, it is a
destination and transit country for foreign trafficking
victims. The greatest threat of trafficking facing
Indonesian men and women is that posed by conditions of
forced labor and debt bondage in more developed Asian

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countries ) particularly Malaysia, Singapore, and Japan --
and the Middle East, particularly Saudi Arabia, according to
IOM data. Indonesia women and girls are also trafficked to
Malaysia and Singapore for forced prostitution and throughout
Indonesia for both forced prostitution and forced labor.
Each of Indonesia,s 33 provinces is a source and destination
of human trafficking; the most significant sources areas are,
in descending order: Java, West Kalimantan, Lampung, North
Sumatra, South Sumatra, Banten, South Sulawesi, West Nusa
Tenggara and East Nusa Tenggara, and North Sulawesi.
Trafficking of young girls, mainly from West Kalimantan, to
Taiwan as false brides, persists; upon arrival, many are
coerced into prostitution. A new trend identified during
the last year was the trafficking of dozens of Indonesian
women to Iraq,s Kurdistan region for domestic servitude.
Another trend was the use of abduction by traffickers,
particularly in trafficking young girls to Malaysia for
forced prostitution. Women from the People,s Republic of
China, Thailand, and Eastern Europe are trafficked to
Indonesia for commercial sexual exploitation, although the
numbers are small compared with the number of Indonesians
trafficked for this purpose.

A significant number of Indonesian men and women who migrate
overseas each year to work in the construction, agriculture,
manufacturing, service (hotels, restaurants, and bars),and
domestic service sectors are subjected to conditions of
forced labor or debt bondage. The destinations for such
trafficking are, in descending order: Malaysia, Saudi
Arabia, Singapore, Japan, Syria, Kuwait, Iraq, Taiwan,
Thailand, Macau, Hong Kong, the United Arab Emirates, Qatar,
Mauritius, Yemen, Palestine, Egypt, France, Belgium, Germany,
Cyprus, Spain, the Netherlands, and the United States.

Some labor recruitment companies, known as PJTKIs, operated
similarly to trafficking rings, luring both male and female
workers into debt bondage, involuntary servitude, and other
trafficking situations. Some workers, often women intending
to migrate, became victims of trafficking during their
attempt to find work abroad through licensed and unlicensed
PJTKIs. These labor recruiters charge workers commission fees
up to $3,000, which often require workers to incur debt to
work abroad, leaving some of them vulnerable in some
instances to situations of debt bondage. PJTKIs also
reportedly withheld the documents of some workers, and
confined them in holding centers, sometimes for periods of
many months. Some PJTKIs also used threats of violence to
maintain control over prospective migrant workers.
Recruitment agencies routinely falsified birth dates,
including for children, in order to apply for passports and
migrant worker documents.

Internal trafficking remains a significant problem in
Indonesia with women and children exploited in domestic
servitude, commercial sexual exploitation and small
factories. Traffickers, sometimes with the cooperation of
school officials, began to recruit young men and women in
vocational programs for forced labor in hotels in Malaysia
through fraudulent &internship8 opportunities.
Indonesians are recruited with offers of jobs in restaurants,
factories, or as domestic workers and then forced into the
sex trade. A new trend noted this year was the recruitment
of hundreds of girls and women for work as waitresses in
extractive industry sites in Papua who were subsequently
forced into prostitution. During the year, minor girls were
rescued in illegal logging camps in West Kalimantan, where
they were coerced into sexual servitude.

Malaysians and Singaporeans constitute the largest number of
child sex tourists in Indonesia, and the Riau Islands and
surrounding areas operate a &prostitution economy,8
according to local officials. Child sex tourism is rampant
in most urban areas and tourist destinations.

The Government of Indonesia does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. The
government improved its law enforcement response to
trafficking offenses and demonstrated that a significant
number of its trafficking prosecutions and convictions
involved labor trafficking offenses, the first time such
disaggregation in data has been reported. Moreover, it
sustained strong efforts to assist victims of trafficking
through the funding of basic services and referral of victims
to those services and others provided by NGOs and
international organizations. The government showed
insufficient progress, however, in efforts to confront labor
trafficking committed through exploitative recruitment
practices of politically powerful PJTKIs. Also, there were
few reported efforts to prosecute, convict, or punish
Indonesia law enforcement and military officials complicit in
human trafficking, despite reporting on such

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trafficking-related corruption.

Recommendations for Indonesia: Begin using the 2007 law to
address the country,s largest trafficking problem ) labor
trafficking, including debt bondage; significantly improve
record of prosecutions, convictions, and sentences for labor
trafficking*including against labor recruitment agencies
involved in trafficking; re-examine existing MOUs with
destination countries to incorporate victim protection;
increase efforts to prosecute and convict public officials
who profit from or are involved in trafficking; increase
efforts to combat internal trafficking; enforce existing laws
to better protect domestic workers; and increase funding for
law enforcement efforts and for rescue, recovery and
reintegration of victims.

Prosecution
--------------
The Indonesian government showed overall progress in
anti-trafficking law enforcement efforts over the reporting
period. Through a comprehensive anti-trafficking law
enacted in 2007, Indonesia prohibits all forms of trafficking
in persons, prescribing penalties of 3 to 15 years,
imprisonment. These penalties are sufficiently stringent and
commensurate with those prescribed for other grave crimes,
such as rape. Police and prosecutors began using the new
anti-trafficking law during the reporting period; however,
other laws were still used in cases pending widespread
implementation of the new law. The Indonesian government
prosecuted 129 suspected trafficking offenders in 2008, an
increase from 109 prosecuted in 2007. Similarly, convictions
in 2008 increased to 55 from 46 convictions in 2007.
Fifty-eight of the prosecutions and 9 of the convictions in
2008 were for labor trafficking offenses. The average
sentence given to convicted trafficking offenders was 43
months, similar to the average sentence of 45 months in 2007.
Indonesian officials and local NGOs often criticized the
police as too passive in combating trafficking absent
specific complaints. Nevertheless, the 21-man Jakarta-based
national police anti-trafficking task force worked with local
police, the Ministry of Manpower, the Migrant Workers
Protection Agency, Immigration, Ministry of Foreign Affairs,
and NGOs to shut down several large trafficking
organizations. After receiving training from an
international donor, the Jakarta police set up an
anti-trafficking unit and conducted a series of significant
investigations and arrests. The ongoing two-part &Operation
Flower,8 which continued through 2008 in 11 provinces,
targeted women and children trafficked for commercial sexual
exploitation. Exploitation by PJTKIs remained a serious
problem although several major joint police and Ministry of
Manpower (MOM) raids resulted in a number of such operations
shutting down. Police assigned liaison officers to
Indonesian embassies in Saudi Arabia, Malaysia, Australia,
the Philippines, and Thailand to support law enforcement
cooperation with host governments, including trafficking
investigations. Indonesia,s national police cooperated
with U.S. law enforcement authorities in the investigation of
suspected trafficking of Indonesians to the United States for
the purpose of forced labor and debt bondage.

Progress was noted in the government,s dismissing,
disciplining or prosecuting officials complicit in
trafficking. Some immigration officials, labor officers, and
local government officials were arrested for activities which
abetted trafficking. Complicity in trafficking by members of
the security forces remained a serious concern during the
reporting period, and this often took the form of officials
either engaged directly in trafficking or facilitating it
through the provision of protection to brothels and
prostitution fronts in discos, karaoke bars, and hotels, or
by receiving bribes to ignore the problem. In addition, some
local officials facilitated trafficking by certifying false
information to produce national identity cards and family
data cards for children to allow them to be recruited for
work as adults abroad and within the country. Some MOM
officials reportedly licensed and protected international
labor recruiting agencies involved in human trafficking. In
return for bribes, some immigration officials turned a blind
eye to potential trafficking victims, failing to prevent
out-bound trafficking through due diligence in the processing
of passports and the application of immigration controls.
Some immigration officials also directly facilitated
trafficking by accepting bribes from PJTKIs to pass migrant
workers to their agents at Jakarta International Airport.
Members of the police and military were directly involved in
the operation of brothels and fronts for prostitution,
including establishments that exploited child sex trafficking
victims. Despite the persistence of these reports attesting
to a serious problem of official complicity in trafficking,
the Indonesian government did not initiate new prosecutions
of security or other government personnel for involvement in

STATE 00060445 004 OF 007


or facilitation of trafficking during the reporting period,
though in June 2008 a former national chief of police and an
Indonesian diplomat were sentenced to two and four years,
imprisonment, respectively, for their facilitation of
trafficking-related criminal activity.

Protection
--------------
Indonesia demonstrated strong efforts to protect victims of
trafficking in Indonesia and abroad; however, available
victim services remain overwhelmed by the large number of
victims. The government operated 41 &integrated service
centers8 providing services to victims of violence,
including trafficking victims; four of these centers were
full medical recovery centers specifically for trafficking
victims. The government also relied significantly on
international organizations and NGOs for the provision of
services to victims. Although most security personnel did
not employ formal procedures for the identification and
referral of victims among vulnerable groups, such as females
in prostitution, children migrating within the country, and
workers returning from abroad, some victims were referred on
an ad hoc basis to service providers. Throughout 2008, the
government set up 305 district-level women,s help desks to
assist women and child victims of violence, including
trafficking ) an increase from 25 such desks existing in

2006. Authorities at the Tanjung Priok seaport in Jakarta
screened travelers in order to identify victims of
trafficking and refer them to appropriate shelters and
medical care facilities. The Indonesian government provided
some funding to domestic NGOs and civil society groups that
supported services for trafficking victims. Although the
government practiced a policy of not detaining or imprisoning
trafficking victims, some victims reportedly were treated as
criminals and penalized for prostitution activities. Some
government personnel, such as the Jakarta-based police
anti-trafficking unit, encouraged victims to assist in the
investigation and prosecution of trafficking cases; others
were less solicitous of victims, cooperation. In some
cases, police reportedly refused to receive trafficking
complaints from victims.

In mid-2008, the National Agency for the Placement and
Protection of Overseas Workers (BNP) opened a new terminal at
Jakarta,s international airport ) Terminal 4 ) dedicated
to receiving returning Indonesian workers. BNP and MOM
officials at this terminal, which replaced the older Terminal
3, screened returning migrants to identify those in distress,
though inadequate efforts were made to identify victims of
trafficking. Indigent victims returning through Terminal 4
were sometimes forced to spend several days in the terminal
until they could find adequate funds for their transportation
back to their community. While the Legal Aid Society, an
NGO, succeeded in curtailing the practice of labor brokers
picking up trafficking victims at Terminal 4 and forcing them
back into debt bondage, traffickers adjusted by picking up
victims at the regular passenger terminal to which victims
had been diverted by corrupt immigration officials. Both
BNP and MOM were largely ineffective in protecting migrant
workers from trafficking. Indonesia,s Foreign Ministry
continued to operate shelters for trafficking victims and
migrant workers at some of its embassies and consulates
abroad. During the past year, these diplomatic
establishments sheltered thousands of Indonesian citizens,
including trafficking victims. The Foreign Ministry
sustained proactive efforts in protecting the rights of
trafficked migrant workers abroad.

Prevention
--------------
The Indonesian government made significant efforts to prevent
trafficking in persons during the reporting period. The
government continued some collaboration with NGOs and
international organization efforts to raise awareness of
trafficking. The Ministry of Women,s Empowerment (MOWE),as
the government,s focal point and coordinator for the
National Anti-Trafficking Task Force, drafted a new 2009-2013
national plan of action on human trafficking. Several
provinces and districts established local plans of action and
anti-trafficking committees. The MOWE conducted
anti-trafficking outreach education in 33 provinces in 2008
The national government showed little political will to
renegotiate a 2006 MOU with Malaysia which ceded the rights
of Indonesian domestic workers to hold their passports while
working in Malaysia. The government made no reported efforts
to reduce the demand for forced labor or the demand for
commercial sex acts during the last year. Indonesian police
cooperated with Australian and Swiss authorities to arrest
and deport two pedophiles sexually abusing children, and an
Indonesian court sentenced one Australian child sex tourist
to eight years, imprisonment in February 2009. The
government provided anti-trafficking training to Indonesian

STATE 00060445 005 OF 007


troops prior to their deployment abroad on international
peacekeeping missions. Indonesia 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

STATE 00060445 006 OF 007


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 Indonesia again given a ranking of Tier 2?

A: The Government of Indonesia does not fully comply with the
minimum standards for the elimination of trafficking;
however, it is making significant efforts to do so. The
government improved its law enforcement response to
trafficking offenses and it demonstrated that a significant
number of its trafficking prosecutions and convictions
involved labor trafficking offenses, the first time such
disaggregation in data has been reported. Moreover, it
sustained strong efforts to assist victims of trafficking
through the funding of basic services and referral of victims
to those services and others provided by NGOs and
international organizations. The government showed
insufficient progress, however, in efforts to confront the
labor trafficking committed through exploitative recruitment
practices. Also, there were insufficient reported efforts to
prosecute, convict, or punish Indonesia law enforcement and
military officials complicit in human trafficking, despite
reporting on such trafficking-related corruption.

Q2: What progress has Indonesia made in the past year?

A: The Indonesian government showed overall progress in
anti-trafficking law enforcement and prevention efforts over
the reporting period. The 21-man Jakarta-based national
police anti-trafficking task force worked with local police,
the Ministry of Manpower, the Migrant Workers Protection
Agency, Immigration, Ministry of Foreign Affairs, and NGOs to
shut down several large trafficking organizations. After
receiving USG training, the Jakarta police set up an
anti-trafficking unit and conducted a series of significant
investigations and arrests. The ongoing two-part &Operation
Flower,8 which continued through 2008 in 11 provinces,
targeted women and children trafficked for commercial sexual
exploitation. The Indonesian government provided some
funding to domestic NGOs and civil society groups that
supported services for trafficking victims. The Ministry of
Women,s Empowerment (MOWE),as the government,s focal point
and coordinator for the National Anti-Trafficking Task Force,
drafted a new 2009-2013 national plan of action on human
trafficking. Several provinces and districts established
local plans of action and anti-trafficking committees.

Q3: What efforts could Indonesia make to improve its fight
against trafficking in persons?

STATE 00060445 007 OF 007


A: The Indonesian Government could: begin using the 2007 law
to address the country,s largest trafficking problem )
labor trafficking, including debt bondage; significantly
improve its record of prosecutions, convictions, and
sentences for labor trafficking*including against labor
recruitment agencies; prohibit labor recruitment agencies
from charging excessive recruitment fees; re-examine existing
MOUs with destination countries to incorporate victim
protection; increase efforts to prosecute and convict public
officials who profit from or are involved in trafficking;
increase efforts to combat internal trafficking; enforce
existing laws to better protect domestic workers; and
increase funding for law enforcement efforts and for rescue,
recovery, and reintegration of victims.


12. 2009 TIP Report Hero from Indonesia
Elly Anita is a victim-turned-advocate who fights for the
freedom of Indonesian workers trapped in the Middle East. In
2006, Ms. Anita accepted an offer to work as a secretary in
Dubai. But she ended up in Kurdistan, Iraq, where she was
expected to work as a waitress or hotel receptionist. When
she refused, the employment agent put a gun to her head, beat
her, starved her, and kept her confined to the employment
agency. Near death, she still refused to be forced into a
job other than secretary. When the office was empty, Ms.
Anita used the internet to contact a friend. The friend
directed her to the Indonesian Embassy in Amman and
Indonesian NGO Migrant Care. She managed to escape Kurdistan
at great risk with IOM assistance. Since returning to
Indonesia, she has worked for Migrant Care and has helped
rescue six other women who were trafficked to Iraq.


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