NGOs PRAISE COOPERATION BUT WANT MORE PROSECUTIONS

UNCLAS SECTION 01 OF 02 JAKARTA 000199 SENSITIVE SIPDIS STATE FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP, INR/EAP, INL FOR CARLON/BLOOMQUIST, EEB/ESC/TFS DOJ FOR AAG SWARTZ, OPDAT FOR ALEXANDRE/BERMAN/HAKIM, GTIP FOR ZINN, SIGMON, PASS TO EMBASSY SINGAPORE FOR ICE NSC FOR J.BADER, D.WALTON E.O. 12958: N/A TAGS: PGOV PREL PTER KCRM KJUS KTFN EFIN SNAR PHUM ASEC ID SUBJECT: NGOs PRAISE COOPERATION BUT WANT MORE PROSECUTIONS REF: Jakarta 00173, Jakarta 02033 ¶1. (SBU) Summary: In conjunction with a DOJ TIP conference (see septels) Embassy DOJ/OPDAT Resident Legal Advisor (RLA) met on February 2 with two anti-trafficking non-governmental organizations (NGOs) in Surabaya, East Java, to discuss the ability of local law enforcement to address trafficking in the region and local government assistance to TIP victims. The NGOs praised both police and local government for working closely with them to help victims. However, they criticized the lack of labor trafficking prosecutions due to vague legislation, the political clout of regional labor recruitment firms and the insistence of many police on a written labor contract before they will commence a criminal investigation. Victims are often rescued and protected, they said, but criminal cases do not always follow. End Summary. Women's Association for Democracy -------------- -- ¶2. (SBU) Surabaya, as Indonesia's largest port, is a transit point for labor migrants, and many victims are trafficked through Surabaya to Malaysia, often through Kalimantan. The Women's Association for Democracy (Kelompok Perempuan Pro Demokrasi) is a small NGO that advocates on women's issues and operates a community based crisis center that assists human trafficking victims. The association conducts trafficking prevention and outreach campaigns for trafficking victims, assists to reintegrate trafficking victims into society and works closely with local government and police on trafficking. ¶3. (SBU) Nur Lailiyah, NGO Head for Advocacy for Women and Children, and other NGO interlocutors praised the police and local government for soliciting the NGO's assistance and participation on trafficking issues. Lailiyah pointed out that the police recently arrested a number of individuals who were trafficking children on Facebook (see septel). She noted that the police call the NGO when they rescue victims or need assistance. Moreover, the City Administration has invited the NGO to participate in a regional task force that includes police, prosecutors, and government agencies and is tasked 
with drafting a standard operating procedure to assist and protect tip victims. She said that police frequently help repatriate TIP victims, but often victims are repatriated immediately without an opportunity to recover and recuperate and without sufficient financial assistance to cover repatriation. Lailiyah did say, however, that the City maintains adequate shelter facilities for trafficking victims and provides medical, psychological and social counseling assistance to trafficking victims. ¶4. (SBU),Lailiyah stated that despite good cooperation with NGOs, the police were still relatively ineffective at addressing illegal labor migration and trafficking in the port city. This is because labor recruitment firms have significant political clout and law enforcement connections. She said that many of these firms are run by relatives of the police or government officials, so often the labor firms will reach "side deals" with the police to avoid prosecution. Another problem, she said, is that the police sometimes are reluctant to commence labor and debt servitude investigations because they believe the law requires a written contract. In reality, almost all contracts with labor migrants are oral because labor migrants typically do not read or write. Lailiyah also criticized the Law on the Protection of Migrant Workers as ineffective and of little real assistance to migrants. Genta Foundation -------------- ¶5. (SBU) Genta Foundation works closely with the police in evacuating trafficking victims from local brothels and provides shelter, protection and medical assistance at a privately funded shelter maintained at their offices. The foundation has signed a memorandum of understanding with the police, which outlines the assistance the NGO will provide to rescued victims. The members operate a program that counsels local prostitutes on HIV/AIDS. Whenever they find an underage prostitute, they ask the brothel owner to release the minor to the NGO. If the owner refuses they notify the police, who then raid the establishment. They were very complimentary of the work of the police who they said have rescued a number of trafficking victims. ¶6. (SBU) The Genta Foundation also rescues migrant workers although the majority of the cases they encounter involve children destined for domestic servitude. While the police rescue labor trafficking JAKARTA 00000199 002 OF 002 victims, NGO representatives stated that the police do not initiate enough criminal cases. The NGO interlocutors were only aware of one case involving a labor recruitment firm which is presently pending in court. They also criticized the Law on the Protection of Migrant Workers as poorly drafted, vague and difficult to apply in the field. They added that police need training on how to investigate and prosecute labor trafficking cases. ¶7. (SBU) Rescued victims typically spend two weeks at the Genta shelter before being returned home; the foundation carefully investigates the family before repatriation to make sure the victim will not be re-trafficked when returned. During those two weeks, victims receive medical and psychological assistance and counseling, and if necessary, victims can stay longer. Genta reports that their close cooperation with the police, social services and the Manpower Ministry facilitates effective this repatriation. International Human Rights Center -------------- ¶8. (SBU) Embassy RLA also met with representatives of the Surabaya Law School Human Rights Center. After a broad ranging discussion of human trafficking, the role of NGOs and NGO/police relations, and transnational criminal issues, the Center inquired whether Embassy RLA would participate in a human trafficking course at the law school, as well as a special program for NGOs sponsored by the Center to address how law enforcement can work with NGOs to ensure trafficking victim assistance and protection. Embassy RLA agreed to return in May to participate in these programs. HUME