INDONESIA - ANTI-TRAFFICKING IN PERSONS REPORT 2010

UNCLAS SECTION 01 OF 26 JAKARTA 000258



SENSITIVE

SIPDIS



STATE FOR EAP, EAP/MTS, EAP/MLS, PRM EAP/RSP, G/TIP, G-LAURA PENA,

INR/EAP, DRL, INL FOR CARLON/BLOOMQUIST, AID

DOJ FOR AAG SWARTZ, OPDAT FOR ALEXANDRE/BERMAN/HAKIM

AMEMBASSY SINGAPORE FOR ICE

NSC FOR D.WALTON



E.O. 12958: N/A

TAGS: PHUM, KTIP, KCRM, KWMN, SNIG, KFRD, ASEC, PREF, ELAB, KMCA,

ID



SUBJECT: INDONESIA - - ANTI-TRAFFICKING IN PERSONS REPORT 2010



REF: A) SECSTATE 02094

B) JAKARTA 00378



1. (U) This message was coordinated with Consulate General Surabaya

and Consulate Medan. It is sensitive but unclassified. Please

handle accordingly.



2. (SBU) OVERVIEW: The Government of Indonesia continued to make

progress combating trafficking, although it remains a serious

problem. Indonesia is primarily a source country and to a much

lesser extent a destination and transit country. The number of

Indonesians seeking work abroad, due to poverty and a lack of jobs,

reached an all time high. The government has taken significant

steps both at home and with receiving countries to better safeguard

these labor migrants. As in the past, there continue to be cases of

severe abuse of Indonesians trafficked abroad.



STATISTICS



3. (SBU) Post has indicated where we do not yet have statistics for

2009. As in previous years the Government of Indonesia is in the

process of compiling data from the local level. We will report this

information septel as soon as it becomes available. END OVERVIEW.



4. (SBU) SUMMARY: During this reporting period, the GOI continued

to solidify and implement a comprehensive legal, political and

social approach to combating trafficking at all governmental levels,

thus demonstrating the political will to address the problem. The

GOI has passed and promulgated all three implementing regulations of

its 2007 comprehensive legislative framework, Law No. 21. With a

comprehensive legal framework in place, victim protection has been

improved and should facilitate the prosecution of trafficking under

its statutes. It makes it easier, for example, for prosecutors to

use circumstantial evidence to demonstrate intent in TIP cases.

Implementation of this key framework, however, is still underway.

Police and prosecutors, still unfamiliar with the new legislation,

are often reluctant or unsure of how to effectively use it to punish

traffickers. Prosecutors instead often rely on more traditional

criminal remedies to prosecute tip cases (crimes of violence,

extortion, pimping statutes, the Indonesian Child Protection Statute

etc.)



5. (SBU) In 2009, the GOI signed a new 2009-2014 National Plan of

Action (NAP) on Trafficking and Child Sexual Exploitation after an

extensive evaluation of their 2002 NAP. In accordance with the 2007

law and previous NAP, in 2009 local governments passed

anti-trafficking legislation in many districts and established local

task forces. The GOI has also drafted supporting legislation on

money-laundering and asset-forfeiture for criminals which will prove

important tools to combat trafficking. The GOI also ratified the UN

Convention against Transnational Organized Crime and its two

Protocols (Palermo) this year.



6. (SBU) According to the NGO Migrant Care, 6.5 million Indonesians

are overseas migrant workers, although other organizations estimates

reach as high as 9 million. Around 2.6 million work in Malaysia,

1.8 million in the Middle East, 120,000 in Singapore, 124,000 in

Hong Kong, 113,000 in Taiwan, 160,000 in South Korea, and 80,000 in

Japan. The rest are in Europe, United States, and other countries.

Approximately 54 percent of these workers are minors, and 46 percent

of all overseas workers are allegedly victims of some form of

trafficking activities.



7. (SBU) NGOs point out that Law 39 on the Protection and Placement

of Migrant Workers is one of the remaining weak spots in trafficking

legislation and needs revising to better protect workers and tackle

false recruitment. Indonesia is increasingly decentralizing its

government, and this sometimes hinders rescuing, treating and

reintegrating victims across borders within Indonesia and beyond.

However, consistent training from the USG, other donors and NGOs has

helped reinforce networks the local and national governments are

putting in place, resulting in increased communication and

cooperation between police, prosecutors and NGOs across borders.

Recently the GOI asked IOM to assist them in revising Law 39 on the

protection of migrant workers.



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8. (SBU) One of the main challenges to combating trafficking,

particularly labor trafficking, are the fraudulent recruitment

brokers who often operate outside the law with impunity due to

severe unemployment and weak legal enforcement. Some fraudulent

recruitment agencies tied to families or friends of government

officials or police make deals when caught, and then continue to

operate. The Manpower Ministry publicly stated that it is

identifying and punishing these companies, but does not yet have

readily available statistics on its activities. The Ministry notes

that falsification of documents and the willingness of migrant

workers to migrate illegally are critical factors leading to the

exploitation and victimization of migrant workers skills.



9. (SBU) The GOI is working on a national identity card system

which will help address the problem of falsified documents. The GOI

implemented a biometrics based passport system in 2007. In 2009,

Jakarta will pilot a similar biometric system for identity cards.

According to the Ministry of Home Affairs, this single identity

number system will then be applied throughout Indonesia by December

2011 to eliminate possibilities for falsifying documents. In 2009,

the GOI implemented a new strategy for registering births which will

facilitate protecting minors from being exploited. Although

registering for a birth certificate has been free since 2002, about

sixty percent of children remain unregistered, which makes them

vulnerable.



10. (SBU) In 2009, the Police and Manpower Ministry continued to

shut down fraudulent recruitment brokers involved in trafficking and

strengthened awareness of the need to protect of migrant workers.

Immigration officials are increasing cooperation with police in

border areas and at the 136 border entry and exit points.

Kalimantan immigration officials reported a decrease in cross-border

trafficking flows in 2009. Police arrested 17 people from manpower

agencies over a four month period in late 2008 on suspicion of

trafficking-related activities including falsification of

documents.



11. (SBU) Corruption remains endemic in Indonesia and in 2009 police

and prosecutors continued to pursue justice in cases involving

official complicity. Embassy Jakarta Regional Security Office (RSO)

training of Indonesian National Police (INP) designed to reduce

human trafficking focused on document fraud as a predicate offense

to trafficking. On February 10, 2010, INP and RSO uncovered a large

visa and passport forgery syndicate including counterfeit plates to

make security features on Indonesian passports, and U.S., Australian

and Japanese visas.



12. (SBU) The Manpower, Social Welfare, Ministry of Health and

other government Ministries focused more time, attention and

resources on trafficking this year. They have successfully divided

the responsibility for TIP activities among the various ministries

rather than leaving it exclusively, as before, to the Ministry of

Women's Empowerment. GOI commitment to combating trafficking was

evident when, with the assistance of IOM, a government working group

was established with members from eight different ministries,

including two NGOs. IOM led this group on two study visits to

Malaysia and Singapore in Aug/Sep 2009 and to Kuwait and Bahrain in

October 2009 to examine the situation of migrant workers overseas.

The delegation rescued and repatriated over 500 migrant workers from

the Indonesian Embassy shelter in Kuwait. In a significant show of

political commitment, the Indonesian government officials requested

and received funds from their ministries to take additional rescue

and rehabilitation trips in December 2009 and January 2010 to

Kuwait, Jordan, Saudi Arabia and Yemen. These officials helped

return 425 workers from Jeddah, Kuwait, Saudi Arabia and Amman.

Indonesian officials at embassies and consulates received limited

training in learning how best to accommodate the large numbers of

migrant workers who remain in need of assistance.



13. (SBU) This year the Ministry of Health and Ministry of Social

Welfare had funds earmarked for the return and recovery of victims.

The GOI also increased the allotment of other ministries to combat

trafficking in 2009. The protocol to apply for such funds is still

being prepared, however this represents a significant step forward



JAKARTA 00000258 003 OF 026





for Indonesian anti-trafficking efforts. The GOI budget allocation

for trafficking increased in 2009. Given the scope of Indonesia's

trafficking problem it should be increased further to meet

Indonesia's needs.



14. (SBU) The Manpower Ministry is actively engaging foreign

governments to protect the rights of Indonesian migrant workers -

working on an MOU with Malaysia which will soon be signed; they also

recently met with officials in Hong Kong and Kuwait to advocate for

better protections for Indonesian migrant workers. On 26 June 2009,

the GOI took a strong stance to protect workers' rights and deter

exploitation by halting the departure of all Indonesian migrant

workers for Malaysia until Malaysia's government can provide

stronger protection of their rights. According to press reports the

GOI is to sign a breakthrough MOU with Malaysia by March 2010 which

would increase wages for Indonesian migrant workers in Malaysia,

provide them a day off, and ensure freedom of movement for the

workers by ensuring that they, not their employers, hold their

passports.



15. (SBU) Media and public information campaigns across the country

highlighted trafficking issues, such as police efforts to combat

trafficking in new social media such as the internet. The issue of

women and children entrapped in debt bondage as domestic servants

within Indonesia and overseas became a major issue in 2009.

Successful GOI-NGO partnerships with NGOs such as Solidarity Center,

UNODC, ICMC and IOM are increasing public awareness of trafficking

through public awareness campaigns and extensive media coverage.

Government officials and police are thus now paying more attention

to the problem of entrenched cultural norms in certain regions, such

as West Java, where a severe job shortage makes overseas employment

particularly attractive. In 2009 the Manpower Ministry created a

plan for a community based learning group in the 200 villages across

Indonesia which supply the most workers overseas. There remains a

need to increase awareness of trafficking particularly in the rural

and poorer areas of Indonesia and to increase information and

establish mechanisms for Indonesian consular officers abroad to

prevent trafficking and protect the trafficking victims among the

migrant worker population.



16. (SBU) Indonesia needs to take the following actions to make

further headway in curbing trafficking:



--Continue efforts to combat the corruption that feeds trafficking,

particularly among law enforcement and manpower officials.



--Increase and make more readily accessible GOI funding for law

enforcement against traffickers and for rescue, recovery and

reintegration of victims.



--Increase efforts to regulate recruiters. Not only should GOI

actively monitor recruiters, investigate complaints and punish

offenders, but it should set standards for the terms of recruiting

agreements such as the levels of fees charged to the workers. These

high fee agreements can sometimes lead to debt bondage.



--Better protect domestic workers within Indonesia, particularly

children, through enforcement of existing laws.



--Revise Article 39 on the placement and protection of Migrant

Workers to more effectively protect workers overseas.



--Conclude MOUs with destination countries to protect migrant

workers.



--Conduct and support public awareness campaigns with NGO partners,

including faith-based NGOs, in main trafficking source regions such

as West Java aimed at changing cultural norms which make trafficking

acceptable to unemployment.

END SUMMARY.



SOURCES

--------------



17. (U) The U.S. Mission in Indonesia received information from the



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following sources: Indonesian National Police (INP) CID division;

the Ministry of Women's Empowerment which provided comprehensive

information of national efforts; the Ministry of Social Welfare; the

Manpower Ministry, and the Attorney General's Office (AGO);

Surabaya, Kalimantan, and other local police and prosecutors'

offices; International and domestic NGOs also provided information,

in particular the International Organization for Migration (IOM),

Migrant Care, ACILS, UNODC, Komnas Perempuan, Derap Warapsari, and

LBH APIK. Post also gathered information from prominent mass media,

KOMPAS, Detik, and Kupang Pos.



POST REPORT POINT OF CONTACT

--------------



The point of contact at Embassy Jakarta for this report is Second

Secretary Elise Mellinger, mellingerem@state.gov, 62-21-3435-9281,

fax (62) 21-3435-9116. You may also contact Acting Political

Counselor and Labor Attache Darcy Zotter, at zotterdf@state.gov



18. (U) The report text follows the general outline of themes and

questions per ref a.



19. (U) Report text follows:



I. OVERVIEW OF INDONESIA'S ACTIVITIES TO ELIMINATE TRAFFICKING IN

PERSONS

--------------



The Government of Indonesia continued to make progress combating

trafficking, although it remains a serious problem. Indonesia

remains primarily a source country and to a much lesser extent a

destination and transit country. The number of Indonesians seeking

work abroad hit an all time high. The government has taken

significant steps both at home and with receiving countries to

better safeguard these labor migrants. Nonetheless, almost half of

overseas workers are estimated to be a victim of some form of

trafficking and trafficking domestically and internationally remains

a serious problem.



INDONESIA FACES SIGNIFICANT TRAFFICKING CRIMES

--------------



Indonesia, a developing country and emerging democracy with the

world's fourth largest population, is a place of origin for a

significant number of internationally trafficked women and children,

and to a lesser extent men. Indonesia is also a transit and

destination country for international trafficking, although foreign

victims are very small in number relative to Indonesian victims.

Significant incidents of trafficking occur within Indonesia's

borders, including for prostitution. Different regions of the

country are identifiable as sending, transiting and/or receiving

areas for internal as well as international trafficking. There were

no reports during this period of trafficking in territory outside of

GOI control.



SOURCE REGIONS

--------------



All provinces of Indonesia are both sources and destinations.

Primary origin areas include: The highest is West Java, followed by

East and Central Java, and East and West Nusa Tenggara. Other

provinces with considerably high numbers of trafficking victims are

West Kalimantan, North Sumatra, Riau Islands and South Sumatra.



TRANSIT AREAS

--------------



Primary transit areas are: Jakarta, Surabaya, Manado, Riau Islands,

Kalimantan and Moluccas. Domestic routes varied.



DESTINATIONS

--------------

Primary domestic destinations are: Java, Bangka Belitung, Riau

Islands, West Kalimantan and Papua. A disturbing trend in recent

years has been an increase in trafficking of young boys and girls,



JAKARTA 00000258 005 OF 026





many under age 18, from West Java, North Sulawesi, West Kalimantan,

and Papua, where they are labor trafficked or sexually exploited in

areas with rich extractive industries, according to NGOs.



Internationally, following are the primary destinations in rough

order of magnitude based on March 2005-December 2009 IOM data of

rescued victims: Malaysia, Saudi Arabia, Singapore, Japan, Kuwait,

Syria, and Iraq. Other destinations include: Taiwan, Thailand,

Macau, Hong Kong, UEA, Qatar, Mauritius, Yemen, Palestine, Egypt,

France, Belgium, Germany, Cyprus, Spain, Holland and the United

States.





TYPES OF WORKERS EXPLOITED

-------------- --



Men and boys, women and girls, are all widely trafficked. IOM data

revealed the following breakdown of the 3,376 Indonesian victims it

assisted between 2005 to December 2009: 55.75 percent domestic

workers, 16 percent sex workers, and 4.6 percent plantation workers.

Fewer than three percent each were waitresses, construction workers,

shopkeepers, nannies, fishermen, masseuses, and cultural dancers.

Females comprised 90.31 percent and males 9.69 percent; 76.6 percent

were adults 23.94 percent were children.



CHILDREN

--------------

Children are trafficked for a variety of purposes, but primarily

into domestic servitude, prostitution, rural agriculture and cottage

industries. According to a survey by ILO and from various human

rights NGOs, many girls under age 18, and even under age 16, work

long hours - typically 14-16 hours a day at very low wages as

domestic servants. They are often under perpetual debt bondage due

to pay advances given to the children's families by brokers. There

are credible reports that children under 10 years old work in

plantation industries helping their parents and family, without any

time for school. Approximately sixty per cent of the country's

under five-year-olds do not have an official birth certificate,

which puts them at higher risk of child trafficking. In December

2009 the GOI announced a new strategy aimed at registering all

children by 2011 which according to UNICEF is an important step

toward combating child trafficking. According to Indonesia's child

protection policy, all newborns must be given free birth

certificates, but registrations have only risen by two per cent

since that law was adopted in 2002. Child trafficking is a serious

problem in Indonesia which the government is only now beginning to

tackle as a separate issue. Media attention has turned to child

trafficking rings centered on selling children for adoption,

particularly in the aftermath of the 2005 tsunami which orphaned

thousands. The plight of street children and the specter of sex

trafficking of children, particularly in the Riau islands and by

Facebook in Surabaya have received considerable media attention

recently.



RELIABLE STATISTICS UNAVAILABLE

--------------



Reliable statistics or estimates of the overall number of

victims--including number of prostitutes and child victims--are

unavailable.



TRAFFICKING CONDITIONS, METHODS

--------------



For internal and external trafficking into the sex trade,

traffickers used debt bondage, violence, intimidation, drug

addiction, and - for those overseas-the withholding of documents to

keep women and children in prostitution. Traffickers employ a

variety of means to attract and hold victims, including promises of

well-paying jobs, debt bondage, community or family pressures, and

threats of violence, rape, and false marriages. For example, women

who escaped from forced prostitution in Bantam, Papua and Malaysia

commonly related that traffickers recruited the young women with

offers of jobs in restaurants, supermarkets or as domestic servants.

Once at their destination, traffickers used violence and rape to



JAKARTA 00000258 006 OF 026





force them into the sex trade. Migrant worker recruiters also use

misrepresentation and debt bondage to traffic men and women.



Police found in 2008 that traffickers had begun occasionally

kidnapping victims. They are drugged, transferred by car through

the border areas from Indonesia to Malaysia and then sexually

exploited. Another relatively new method which police discovered in

2008 was recruiting victims through schools. Brokers sent schools

official-looking letters offering internship programs to students.

No new kidnapping or internship cases were reported in 2009, but

prosecutions and trials of the traffickers involved in the 2008

cases are ongoing.



In February 2010, however, police uncovered new trafficking methods

using electronic social media, such as Facebook, blogs, and Yahoo

Messenger. Police in Surabaya, East Java arrested two traffickers

who were involved in an online underage child trafficking and

prostitution ring that used Facebook and Yahoo Messenger to find

recruits. At the end of February, 2010, Jakarta police unraveled

another online prostitution ring involving minors. The suspect is

facing a prison sentence of at least five years. Profiles of

hundreds of women, including teenagers were featured on the

suspect's Web site, with the price for services ranging from Rp 10

million ($1,069) to Rp 50 million. Clients were given a contact

number to set up a meeting place. After that was finalized, the

women were taken to the hotel where the client waited. Police said

the trafficker started the business last year and relied on word of

mouth to promote his business. Although it was clear that some of

the women whose services were sold on the website were minors,

police were quoted as saying "There were no indications that the

suspect was involved in human trafficking, because the women

willfully entered the business, police said." This indicates that

continued training and awareness-raising among local police and

prosecutors is still critical in pursuing justice in TIP cases.



The Criminal Investigation Unit of the Police unearthed another

troubling new trend this year, in which traffickers befriend

potential victims from Indonesia or Indonesian migrant workers in

Malaysia, gain their trust and invite them to go on Umroh, a

religious pilgrimage trip to Mecca. Once there, they are trafficked

to various points in the Middle East.



Debt bondage is particularly common in the sex trade. Indonesian

women and girls trafficked into prostitution in Tanjung Pinang,

Bangka Belitung, for example, commonly began with a debt of

USD600-1,200. Given the constant accumulation of other debts, women

and girls are often unable to repay these amounts, even after years

of work as prostitutes.



Some migrant workers, often female, also entered trafficking

situations during their attempt to find work abroad through migrant

worker recruiting companies (PJTKI). Licensed and unlicensed

companies used debt bondage, withholding of documents and

confinement in locked premises to keep migrant workers in holding

centers, sometimes for periods of many months. Some also used

threats of violence to maintain control over prospective migrant

workers.



Traffickers took advantage of persons in impoverished regions. While

poverty plays a leading role in facilitating trafficking, poor

educational opportunities, cultural factors and established

trafficking networks also acted as important determinants. For

example, in Indramayu, West Java, some farming communities have

adopted a widely accepted practice of selling girls into

prostitution in Japan and elsewhere in order for families to

accumulate material possessions, a cycle which has proven difficult

to break.



Indonesians sometimes arrive legally in one country, for example

Malaysia, and then traffickers provide them with false documentation

and lured to more remote locations, such as the Middle East and

Europe, where they are trafficked.



TRAFFICKERS

--------------



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Traffickers fit various profiles. Some worked in larger mafia-like

organizations, particularly for trafficking into major prostitution

areas. Others operated as small or family-run businesses. In many

instances, local community leaders and parents of victims assisted

in trafficking.



Some manpower brokers operated similar to trafficking rings, leading

both male and female workers into debt bondage, abusive employment

situations and other trafficking situations. Some of the offending

manpower companies held official licenses. Others operated

illegally or appeared to be fronts for traffickers.



This continues to be one of the main challenges in combating

trafficking in Indonesia, but law enforcement, the ministries and

immigration officials have demonstrated an increased awareness of

this problem and have taken action against it. Immigration is

reporting cases of trafficking syndicates they come across to the

police, who are increasingly arresting and detaining these

traffickers. Immigration officials from Kalimantan report good

coordination with police in border areas and a corresponding drop

this year in trafficking across their border to Malaysia.



The Provincial Police of Bangka Belitung and West Java have

apprehended traffickers from a major syndicate of trafficking in BB

province which stretched across both provinces. Seventeen victims

of the fifty rescued victims were from West Java and the rest were

from across the country. The syndicate had been transferring

victims to Malaysia and Singapore. The head of this syndicate was

caught along with her accomplices from several provinces.



The police in NTT, East Java and Bali have identified an Iranian

born trafficker who funded and supported international trafficking

from Middle Eastern countries to Australia.





OFFICIAL COMPLICITY AND CORRUPTION

--------------



The GOI has begun to seriously take action against officials

involved in trafficking, including corruption charges,

administrative sanctions, dismissals and transfers. The impact of

these actions is beginning to change the culture of impunity.

Unfortunately, this type of action is not yet being uniformly

applied to military officials involved in trafficking, particularly

of women and girls trapped in prostitution.



Individual members of the police and military were sometimes

associated with brothels and prostitution fronts, most frequently

through the collection of protection money, which was a widespread

practice. Sometimes off-duty security force members worked as

security personnel at brothels. Security force members also

involved themselves in prostitution as brothel owners or through

other illicit business interests, according to NGOs and other

reports. Examples include allegations of Indonesian security forces

complicity in trafficking to the "Dolly" prostitution complex in

Surabaya, one of Southeast Asia's largest brothel areas, and

trafficking to Papua.



In February 2009, the Police in District of Watampone, South

Sulawesi raided a caf and apprehended a lieutenant police officer,

allegedly collecting "protection money" from a brothel-caf.

Approximately ten underage victims were rescued. The police officer

was disciplined and prosecution is ongoing.



Enforcement of the new anti-trafficking law deterred local officials

from issuing false documentation for trafficking purposes, thus

greatly inhibiting the ability of traffickers to obtain false

documents. The most common example of such complicity was in the

production of national identity cards. In local communities,

low-level officials certified false information to produce national

identity cards and family data cards for children to allow them to

work as adults. Based on the identity cards, traffickers processed

passports and work visas for children who otherwise would not be

able to obtain such documents. With less than 30 percent of all



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births registered in the country, and such registrations also

subject to falsification, authorities often had little legal basis

to challenge documents containing false information. The GOI aims

to implement a biometrics based national single identity number or

KITNAS by December 2011, but the Home Affairs Ministry has yet to

find the funds and the necessary infrastructure and human resources

for the project.



In July 2009, according to the Attorney General's office, police

apprehended several civil servants for complicity in trafficking

through falsification of documents. One case involved a civil

servant in Larantuka, East Nusa Tenggara NTT from sub-district

(country clerk) office responsible for processing identity papers.

The other involved a sub-district level immigration official from

West Java who had provided illegal papers and abetted trafficking

activities. The local Attorney General's offices in both provinces

are currently prosecuting these cases under the 2007 trafficking

statutes.



In April 2009, four consular officials from Indonesia's Consulate

General in Kinabalu, Malaysia were sentenced to 2 year imprisonment

and fees for charging inflated fees to Indonesian migrant workers in

Kuala Lumpur seeking visa services. Although the prosecutors sought

2.5-3 years sentence, they got off with slightly shorter sentences

because they argued that they had used the proceeds to make up for a

shortfall in the Embassy's budget to deal with migrant workers in

Kuala Lumpur. In December 2008, four other officials of the same

consulate were indicted for taking illegal immigrant fees.



In September 2009 RSO worked together with INP to alert them to a

possible trafficking/smuggling operation under the guise of Sanjaya

Tour. This complicated visa scam involved the Indonesian Ministry

of Trade, and one of those arrested was a trade ministry official.

(See section below on police for more details)



Most corruption in trafficking cases starts from the early stages of

the recruitment process. The lack of education and limited

information and skills of most migrant workers makes it easier for

middlemen to exploit and traffic them. According to the national

agency for migrant workers administration, BNP2TKI (under the

Manpower Ministry) in 2009 they created a plan to establish a

"Kelompok Belajar Berbasis Masyarakat" (KBBM). The KBBM will

provide migrant workers with basic skills and knowledge and teach

them about their legal rights. Workers will be trained and educated

for the specific knowledge demanded overseas. This program will

minimize the opportunities for illegal parties to benefit from the

workers by reducing middle man in bridging domestic and

international agencies.





GOVERNMENT INVOLVEMENT IN OR TOLERANCE OF TRAFFICKING

--------------



Some officials in local Manpower offices reportedly licensed and

tolerated migrant worker recruiting agencies despite the officials'

knowledge of the agencies' involvement in trafficking. In return

for bribes, some Immigration officials turned a blind eye to

potential trafficking victims, failing to screen or act with due

diligence in processing passports and immigration control. Local

governments' loose regulation of prostitution zones in larger cities

also raised concerns about local officials' involvement and

tolerance of trafficking.







DATA ON PROSTITUTION

--------------



Prostitution constitutes a major source of concern for TIP in

Indonesia due to the number of women and children involved; the

clandestine, abusive and often forced nature of this work; the

prevalence of organized crime; and the awareness and/or complicity

of some officials and security forces (police and military) in

prostitution. There is no reliable data on the number of girls and

women forced into prostitution through debt bondage but the numbers



JAKARTA 00000258 009 OF 026





are significant.



GOI officials and NGOs often criticized police officers as too

passive in combating trafficking absent specific complaints.

Although police were often aware of underage prostitutes or other

trafficking situations, they frequently did not intervene to protect

victims or arrest probable traffickers without specific reports from

third parties. Surabaya NGOs related that when police are informed

of trafficking situations or learn that children are in a brothel,

they rescue them and turn to the NGOs to help repatriate them.



INDONESIAN VICTIMS IN MALAYSIA

--------------



Malaysia is commonly identified as the country receiving the

greatest number of Indonesian trafficking victims. An oversupply of

Indonesian women and girls in Malaysia results in placement agencies

in Malaysia offering incentives to more families to hire foreign

maids, including offering the employer recovery of fees from the

employee through wage reductions. The first five months of wages

are commonly deducted.



IOM reported that from March 2005 to December 2009, 69.50 percent of

female and 57.14 male victims rescued from overseas had Chlamydia,

23.18 male had gonorrhea, and more than 11 percent had hepatitis B.





A 2006 bilateral MOU between Indonesia and Malaysia failed to give

adequate protection to Indonesian migrant workers, opening the door

to abuse. The agreement allows employers to hold workers' passports

restricting their freedom to return home, allows monthly deductions

of up to 50 percent of negotiated wages to repay loans and advances,

and does not specify time off. The GOI on June 26 took a stronger

stance to protect its migrant workers there by halting the departure

of all Indonesian migrant workers for Malaysia until Malaysia's

government can provide stronger protection of their rights.

According to press reports the GOI will sign a breakthrough MOU with

Malaysia in March 2010 which would ensure a specified livable

minimum wage for Indonesian migrant workers in Malaysia, provide

them a day off, and ensure freedom of movement for the workers by

ensuring that they, not their employers, hold their passports.

Malaysia and Indonesia are still hammering out agreements on

monitoring procedures and costs.



A Malaysian court of law is proceeding with the murder trial of

Munti binti Bani, a domestic worker from Jember, Indonesia who was

killed in September 2009, by her employer, a Malaysian spouse.

Munti was found unconscious, severely tortured, wounds decaying, and

kept in a room with no foods for several days. She then took to

hospital, but died after several days. She was 36, and was killed

in Klang, Selangor, Malaysia.



The Indonesian government has appealed to a court in Kuala Lumpur,

Malaysia to retry the case of Nirmala Bonat from NTT. The lower

court has sentenced her employer to 18 years for her employer, but

reduced it to 12 years upon appeal. (The horrific details of

Bonat's 2005 case provided the impetus for a fast passage of the

anti-trafficking legislation and raised awareness of trafficking

issues in Indonesia.)



In 2009, Modesta, a woman from East Nusa Tenggara, was tortured, not

paid for 3 years of work, and worked long hours for her Malaysian

employer. The Malaysian authorities have not yet proceeded with her

case.





MIDDLE EAST

--------------



Large-scale trafficking to the Middle East persists, with Saudi

Arabia being the worst offender. Victims from Saudi Arabia often

return extremely brutalized and report that they have no protection

from exploitation and abuse in Saudi Arabia. Many Muslim girls are

lured to Saudi Arabia with promises of a good salary and the

opportunity to make a pilgrimage to Mecca, a dream far beyond their



JAKARTA 00000258 010 OF 026





financial means. An increasing trend is for Saudi employers to

contract out their domestic servants to several households, withhold

wages, and then find an excuse to return the worker home unpaid.



Syria, UAE, Jordan and Iraq are destination countries for Indonesian

migrant workers. According to Migrant Care, there are approximately

10,000 Indonesian workers in Syria and 45,000 in Lebanon despite the

fact that Indonesia has no MOU on migrant workers with these

countries. The Indonesian government funded trips to the Middle

East to examine the GOI working group in conjunction with the

International Organization for Migration (IOM) rescued and

repatriated 425 Indonesian workers from Jeddah, Saudi Arabia and

Amman, Jordan, on January 20, 2010 with funding from the Indonesian

government. On January 18, 2010, a similar collaborative group of

government ministries, parliamentarians and NGO staff facilitated

the repatriation of 199 Indonesian migrant workers from the

Indonesian Embassy shelter in Kuwait. The National Police screened

for minors while the Department of Social Welfare worked with IOM to

screen for trafficking victims, who they then referred back to IOM

for medical treatment.



During 2009, 200 other migrant workers were successfully repatriated

from Kuwait and Indonesia is currently negotiating with Kuwait to

return 500 more workers which the Indonesian Embassy is currently

housing in their shelter. According to the press on February 24,

2010, the Kuwait government agreed to sign an MOU with the GOI to

regulate Indonesian workers' welfare in Kuwait. Negotiations are

ongoing, and both countries agreed to establish special joint task

forces on migrant labor. The GOI stopped sending workers to Kuwait

in September 2009.





MIGRANT WORKERS

--------------



Legal and illegal migrant workers are equally likely to be

trafficked, in large part because in some destination countries,

such as Malaysia, employers have the right to hold the workers'

documentation. Many workers prefer to go abroad to work illegally

because they feel they are in more control of their own destiny. In

2008 and 2009, large numbers of Indonesian migrant workers abroad

were laid off due to the global financial crisis, increasing

concerns that these workers would be more vulnerable to trafficking.

Similarly, increasing lay-offs of workers in Indonesia raised

concerns that these workers would be forced to seek jobs as migrant

workers and be vulnerable to trafficking.



FOREIGN VICTIMS IN INDONESIA

--------------



NGOs working on migrant worker advocacy and trafficking issues

confirmed that there is a continuing trend for foreign victims to be

trafficked to Indonesia. According to a 2007 study, most foreign

prostitutes in Indonesia are from Mainland China, then central Asian

countries. Sources estimate their total numbers to be between

4,000 to 20,000. The pimps/smugglers kept their passports and said

it was easy to extend the visas with bribes. Other victims came from

Thailand and Eastern Europe.



POLITICAL WILL

--------------



Political will to fight trafficking was clear at the national

leadership level as well as at local levels in 2009, while awareness

of the issue continued to penetrate through government agencies.

Indonesia ratified the United Nations Convention against

Transnational Organized Crime in February 2009. The government has

trained over a thousand law enforcement officials on fighting

trafficking, often times in interagency courses also attended by

NGOs. The number of special anti-trafficking police and prosecutors

greatly increased.



With the passage of the new anti-trafficking law, local task forces

in many provinces across Indonesia have reinvigorated their efforts.

For example, in Bandung, West Java, the local task force meets



JAKARTA 00000258 011 OF 026





regularly, sharing information among agencies and NGOs, and gaining

government funding for a local shelter and other support for

victims. The National Task Force is actively coordinating

activities to avoid overlap between ministries. The Foreign

Ministry coordinated a seminar in October, 2009, with UNODC, other

ministries, NGOs, and entitled "Effective Criminal Justice Response

to Trafficking." Government working groups under the task force

umbrella helped repatriate groups of victims from the Middle East.



GOVERNMENT RESOURCES TO COMBAT TIP

--------------



The GOI allocated significantly more funds to trafficking in 2009

than previous years and spread funds more widely across national and

local entities. The GOI allocates its anti-TIP funding to the

National Task Force among the 19 agencies involved in it. The

Coordinating Ministry for People's Welfare, which oversees the Task

Force in conjunction with the Women's Ministry, said that the TIP

funding allocation for her Ministry increased 50 percent, from 400

million Rupiah ($40,000) in 2009 to 600 million Rupiah ($60,000) in

2010. In 2008, the Social Ministry had $200,000 to build 22

shelters across the country. These shelters also included victims

of domestic and other types of violence in addition to VOTs.



In 2009, the Social Ministry received a budget of $300,000, some of

which was specifically earmarked for recovery of victims-a first.

In 2009, also for the first time, the government awarded the Health

Ministry anti-trafficking funds for the medical care of victims.

The National Education Ministry received $1.5 million in 2008 in

anti-trafficking funds and $2 million in 2009. In addition, the

GOI, sometimes in cooperation with IOM, has funded at significant

expense the repatriation of rescued trafficking victims from

Malaysia and the Middle East. Increasingly, local governments

across Indonesia provided budgets, facilities and staff to assist

trafficking victims. Moreover, almost every police station in

Indonesia has a center for the protection of women and children

called PPA, staffed by officers who work with victims of

trafficking. Typically such centers include facilities for

temporary accommodation of trafficking victims. We do not have

details of what portion of the national police budget covers these

expenses but it must be significant.





II. PREVENTION OF TRAFFICKING

--------------



In January 2007, the GOI, as required by the 2004 Overseas Labor

Placement and Protection Law, established the National Agency for

the Placement and Protection of Overseas Workers was (BNP). The

agency took over the Ministry of Manpower's responsibilities to

protect migrant workers, such as facilitating labor export and

providing legal protection. BNP's jurisdiction to protect migrant

workers is unclear vis a vis the Manpower Ministry. Both bodies

have been largely ineffective in protecting migrant workers from

trafficking. However, this seems to be largely a function more of

migrants' willingness to risk trafficking in search of employment.



However, under BNP's management, a new migrant worker transit

terminal, Terminal Four, opened up in 2008 at Jakarta's

international airport, providing better care for trafficked victims.

BNP officers do limited screenings of returning migrant workers to

detect if they were trafficked. A medical doctor and beds are

available for victims. Legal Aid Society staff is allowed access

and checks to ensure migrant workers are protected and trafficking

victims receive care.



In areas such as North Sulawesi, traffickers resorted to recruiting

in more isolated villages because of increased community awareness

and law enforcement. In Indramayu, West Java, where entire villages

were once depleted of girls trafficked overseas for sexual

exploitation, trafficking in some villages has been entirely

eliminated due to community efforts.



GOI SUPPORT TO OTHER PREVENTION PROGRAMS

--------------



JAKARTA 00000258 012 OF 026







The GOI supported and administered other national programs related

to the prevention of trafficking, but not designed specifically as

anti-trafficking efforts. These programs faced serious constraints

in terms of limited funds, institutional capacity, and corruption.

Some of the more relevant programs were:



-- A program to encourage free basic public education through the

first nine years of schooling, including subsidies for students from

poor families. A number of districts announced their achievement of

free public schooling.



-- School Subsidy Operation providing a subsidy to poor people.



-- A national program to eliminate gender inequality in education.



-- Programs to train female migrant workers.



-- Credit schemes for micro-businesses, some of which focused on

women.



-- Revolving credit schemes for cooperatives and savings and loan

associations.



-- The Directorate of Women and Child Labor Monitoring in the

Manpower Ministry has allocated funds for the establishment and

operation of Provincial and District Action Committees on the

Elimination of the Worst Forms of Child Labor.



RELATIONSHIP BETWEEN GOI, NGOs AND OTHER ELEMENTS

--------------



The overall relationship between relevant GOI offices and NGOs

remained cooperative and mutually supportive on TIP-related issues.

Cooperation varied from agency to agency and location to location.

The GOI recognized the importance of NGO expertise, networks and

involvement. NGOs met regularly with officials and participated in

national and local task forces. The GOI and NGOs collaborated on

many TIP initiatives, including in protection of victims, public

awareness-raising, and in providing assistance to law enforcement

officials in investigations and prosecutions. The police and NGOs

continued to share information on trafficking. NGOs in Surabaya

reported that police generally smoothly integrated them into their

rescue and repatriation efforts and seemed satisfied with their

responsiveness.





MONITORING OF IMMIGRATION/EMIGRATION

--------------



The implementation of bio-metric passports assisted immigration

officials to stop trafficking of children. Immigration, police,

prosecutors and judges from migrant worker transit areas were

trained together in 2009. DOJ, ICITAP and RSO conducted a series of

trainings throughout the country sensitizing officials to the use of

fraudulent documents and other issues in trafficking.



While the GOI has made some efforts to increase passport integrity,

Indonesia's passport services, remained the object of widespread

corruption. Indonesians are able to easily obtain passports with

false and multiple identities. Recruitment agencies routinely

falsified birth dates, including for children, in order to apply for

passports and migrant worker documents.



The GOI did not effectively monitor immigration and emigration

patterns for evidence of trafficking, with some limited exceptions.

On the whole, immigration officials and law enforcement agencies did

not have the equipment, capacity or tools to generate useful

information, or did not prioritize such information. There is a

need to train immigration officials at the borders, particularly, to

identify and protect VOTs. IOM has been awarded a grant to begin

such a project in 2010.



The Transnational Crime Center (TNCC),which includes trafficking as

one focus, was established in 2004 and has aggressively tackled



JAKARTA 00000258 013 OF 026





trafficking.



COORDINATION AND COMMUNICATION MECHANISMS

--------------



In 2006, Indonesia signed the ASEAN Declaration on the Protection

and Promotion of the Rights and of Migrant Workers, committing

itself to an extensive list of protections.



At the national level, the Women's Ministry served as the focal

point for GOI actions on TIP. The People's Welfare Coordinating

Ministry, which includes the Women's Ministry under its umbrella,

also played a key role in coordinating efforts across different

agencies. The 2002 National Action Plan stipulated that the GOI set

up a National Anti-Trafficking Task Force. Presidential Decree No.

69/2008 established this national and local taskforces. The

Coordinating Minister for the People's Welfare and the Women's

Empowerment Minister runs the task force, which includes 19 members

including other ministries and law enforcement agencies, the

national statistical bureau, NGOs, and civil society groups.

Responsibility for provincial and district-level programs varies

from location to location. A growing number of provinces and

districts have their own task forces or committees.



The NGO Advocacy for Women and Children (AWC) in Surabaya and other

Surabaya NGO interlocutors praised the police and local government

for soliciting the NGO's assistance and participation on trafficking

issues. AWC noted that the police call the NGO when they rescue

victims or need assistance. Moreover, the City Administration has

invited the AWC 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. AWC said that police frequently help repatriate TIP

victims, but often victims are repatriated immediately--

particularly if there are large groups being repatriated at once--

without an opportunity to recover and recuperate and without

sufficient financial assistance to cover repatriation. AWC also

said that the City maintains adequate shelter facilities for

trafficking victims and provides medical, psychological and social

counseling assistance to trafficking victims.



The GOI actively participated in multilateral and international

coordination efforts to combat trafficking under UN, ASEAN and

regional frameworks.





NATIONAL PLAN OF ACTION

--------------



In 2008 the GOI completed evaluating the 2002-2007 National Action

Plan. In 2009, the GOI signed the new action plan on the

Eradication of Trafficking and Child Sexual Exploitation for

2009-2014. This was promulgated in September 2009 as Government

Regulation NO. 25/2009.



In the 2008 GOI evaluation of the 2002-2007 National Plan of Action,

they noted that many local stakeholders did not yet fully understand

the 2007 law and thus there were difficulties in implementation.



The Attorney Generals' office, the police, and NGOs have agreed on

the importance for Indonesia to prioritize six initiatives to combat

trafficking in the new 2009-2014 Action Plan. They are as follows:



--Coordination between government agencies: the need to establish a

secretariat with full-time staff to take on centralized

responsibility of ensuring coordination between government agencies.

To improve coordination, budgets from each government agency should

be coordinated to avoid overlap of activities.



--Data gathering and management: There is a lack of data and

information on trafficking patterns and responses within Indonesia.

A dedicated unit with full time staff to monitor the collection of

data on trafficking is needed.



--Reformation of the legal migration system to reduce opportunities



JAKARTA 00000258 014 OF 026





for exploitation: Many current policies are based on the assumption

that trafficking occurs through illegal migration streams. However,

the current migration system may facilitate exploitation and

trafficking and thus should be reviewed to ensure all possible

protections are in place while freedom of movement is respected.

There needs to be a greater focus on respect for the rights and

additional protections for migrant workers, with a particular focus

on domestic workers.



--Debt bondage practices are increasingly identified as a common

mechanism of exploitation that leads to trafficking and forced

labor. Widespread education of stakeholders on debt bondage as well

as awareness-raising of vulnerable communities is needed.



--Arrest, prosecution and asset confiscation of traffickers and

those facilitating trafficking: An increased commitment to effective

deterrence through criminal prosecution and monetary penalties is

needed, including asset confiscation of traffickers. Trafficking

needs to be made an unprofitable venture by pursuing corporations

complicit in trafficking and taking strong action against government

officials involved in trafficking practices.



--Child Sexual Exploitation: Increase efforts around child sexual

exploitation are needed by reforming criminal laws so that the

purchase of sex from children is clearly criminalized. Specific

training is needed on this issue for the police and the general

public.







III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS

--------------



Law Enforcement

--------------



Police and prosecutors began using the 2007 anti-trafficking law

soon after it passed, not waiting for implementing regulations. By

the end of 2008, GOI passed and promulgated all three implementing

regulations for its 2007 comprehensive legislative framework, Law

No. 21. This means that a comprehensive legal framework is in

place, which increases victim protection and should facilitate the

prosecution of trafficking under its statutes. It makes it easier,

for example, for prosecutors to use circumstantial evidence to

demonstrate intent in TIP cases. Implementation of this key

framework, however, is still underway. Police and prosecutors,

still unfamiliar with the new legislation, are often reluctant or

unsure of how to effectively use it to punish traffickers.

Prosecutors instead often rely on more traditional criminal remedies

to prosecute tip cases as crimes of violence, extortion, pimping

statutes. They use laws such as the Penal Code, Child Protection

Act, the Manpower Placement Act and the Manpower Act. Police

routinely use the new law but prosecutors and judges are using it

still sporadically, even when cases are brought forward by police

under the new law.



Indonesian National Police, in particular the Criminal Investigation

Department, the Anti-Trafficking Unit and the units dedicated to the

protection of women and children (called PPA),are working with the

UNODC, DOJ, ICITAP, RSO, DHS and other U.S. agencies and NGOs to

learn how to identify cases and victims of trafficking in persons,

investigate trafficking-related offences and improve cooperation

within the criminal justice system and between States.



The Police CID unit headquarters released a report of 142 arrests

(involving163 offenders) in 2009. (Note: Local law enforcement

officials will provide us with additional information, including the

number of prosecutions and convictions, so that we may confirm this.

Police and the AG's office explained that many district and

provincial level police and district attorney's offices have not yet

recorded and reported their cases, so we expect these numbers to

increase.) On many occasions, offenders who committed crimes

elsewhere but were apprehended in Jakarta-where trafficking law

awareness is high--had to be sent and tried in the districts where

they committed those crimes and where the law enforcers are unaware



JAKARTA 00000258 015 OF 026





of or still anxious about using trafficking statutes.





POLICE EFFORTS IN APPREHENDING OFFENDERS

--------------



The police continued their efforts in 2009 to apprehend trafficking

offenders and rescue victims. One ongoing challenge is that in

Indonesian law, police and prosecutors do not officially work

together on a case until the police have given the dossier over to

the prosecutor. In DOJ training, the RLO urged earlier cooperation

between police and prosecutors in order to help build a more

effective case. Police, prosecutors, immigration officials and NGOs

used training opportunities to help build communication networks

across provinces which helped bring to light syndicates and

trafficking rings across provincial borders.



In 2009, the Women and Children's Unit of the Provincial Police of

West Kalimantan Police in Pontianak, West Kalimantan, uncovered and

raided a transit house for TIP victims. The women, 16-25 years old,

were recruited from many provinces in Indonesia to be sex workers in

brothels and karaoke joints. Some of them were trafficked to Kuching

city in Serawak, Malaysia. The pimp and owner of this place, an

Acehnese ethnic man from Jakarta, was apprehended and is awaiting

trial. The women were forced to find their own food, promised 1.5

million to 2 million rupiah ($100- $150 a month) salaries and were

not paid.



In North Sulawesi, police reported that they had rescued thirty

children who were trafficked to Papua to work in bars.



Also in 2009, fifty women and girls were rescued when Police

Commissioner Fatmah Noer, Head of the Women and Children's Unit of

the West Java Provincial Police led a cross-border raid on a karaoke

bar and a brothel in West Java and in Bangka Belitung Provinces.

Her unit arrested a female pimp (born in South Sumatra Province),

her bodyguards in Bangka Belitung Province and accomplices in both

provinces. Seventeen of the victims were from West Java and the

rest were from across the country. They had been held in debt

bondage, forced to work long hours, paid low wages, threatened,

intimidated, and starved. They told police that their traffickers

have transferred other victims to Malaysia and Singapore. The

police worked with IOM, which assisted the return and recovery of 14

of the victims, and transport for the social worker.



An Indonesian court in 2009 convicted a Malaysian national of

trafficking crimes, giving him 10 years imprisonment. He recruited

and trafficked women from many provinces in Indonesia.



In February 2010, police in Surabaya, East Java arrested two

traffickers who were involved in an online underage child

trafficking and prostitution ring that used Facebook and Yahoo

Messenger to find recruits. At the end of February, 2010, Jakarta

police unraveled another online prostitution ring involving minors.

The suspect is facing a prison sentence of at least five years.



To aid trafficking investigations, police have liaison officers in

Indonesian embassies in Saudi Arabia, Malaysia, Australia,

Philippines and Thailand. These police liaison officers contributed

to growing international law enforcement cooperation, particularly

with Malaysia.



In 2009 the RSO and Indonesia National Police continued to work

together against traffickers, resulting in the police conducting

multiple raids and operations on trafficking rings throughout 2009.

In February, police rescued 16 victims who were to be sent to the

States illegally when they raided the safe house. The police

arrested the two traffickers, who had recruited them in Bali, taken

them to Jakarta and kept them in the safe house while preparing for

visa interviews. Also in February, RSO presented evidence to the

police gathered since May 2008 that Mitra Tama Agency was a

potential human smuggling/trafficking organization. On February 12,

Unit 4 (anti-trafficking unit) raided MTA, arresting two owners for

violation of fraud under the Indonesian penal code.





JAKARTA 00000258 016 OF 026





On April 22, the police arrested two possible traffickers, owners of

the Citra Jaya Indonesia company which since RSO had been

investigating since December 2007 under operation headhunter. They

charged them with fraud under the Indonesian penal code and under

the manpower protection law.



In September 2009 INP arrested the owner of Sanjaya Tour and a staff

member and rescued twelve victims who were recruited in Bali and

kept in a safe house in Tangerang. The staff was later released

due to lack of evidence. October arrests of suspects in the same

ring, a human smuggling operation, brought the total to 16. This

complicated visa scam involved the Indonesian Ministry of Trade, and

one of those arrested was a trade ministry official.



In November, a trafficker who counterfeited documents and three of

his clients were arrested. They were to work for him in the U.S. in

debt bondage, owing $600 per month for ten months once employed.



According to Surabaya Police in Surabaya, East Java province, police

actually has been doing the maximum to arrest traffickers and apply

the new anti-trafficking law. However, prosecutions of trafficking

cases run too slowly. The prosecution of some trafficking cases

from 2008, for example, is not yet complete. A police officer from

Surabaya Police's Detective Unit gave an example, that in 2009 he

rescued trafficking victims from Bangkalan (Madura) when they were

carried in a truck full of vegetables. He also arrested the

trafficker. There was no follow up and prosecution on this case.



Police in Surabaya arrested dozens of traffickers during the

reporting period. Only a few of them, however, were brought before

the court due to lack of evidence, corruption, and lack of

understanding on the new anti trafficking law. Sometimes

prosecutors and judges only sentenced the field worker and freed the

main trafficker (the real actor).

On April 14, 2009, Surabaya State Court held the trial of Ana

Tamina, trafficking suspect and owner of "Sembrodo" Brothel in

Surabaya. She was charged under article # 88 of Child Protection Law

# 23/2003 and article # 506 of Criminal Code of gains from

conducting a prostitution business.



On April 22, 2009, Surabaya State Court freed Hengky Hariyono, owner

of a brothel at Jarak prostitute area from trafficking charges. The

judges were of the view that Hengky's brothel actually benefits

prostitutes by helping them to find customers. The Surabaya

Prosecution's Office submitted an appeal to the Supreme Court

following this verdict.



On April 29, Surabaya State Court freed Sapta Wahyu from trafficking

charges. The panel of judge argued that Sapta Wahyu's case was not a

trafficking case. NGO Samitra Abhaya KPPD who assisted the victim

argued that it was clearly trafficking a case as the suspect locked

up and raped the victim.



On August 27, 2009 Surabaya State Court held the trial of Bambang

Ismoyo who was accused of selling a woman named Erfina Setyawati for

prostitution. Bambang was charged under article # 2 of the anti

Trafficking Law # 21/2007 and under the Child Protection Law.



These cases show both the complexity of the trafficking situation

and the Indonesian government's increasingly successful efforts to

use new tools and work across agencies and borders to identify,

protect, and repatriate victims of trafficking.





EXISTING ANTI-TIP LAWS

--------------



The New Anti-Trafficking Law

--------------



On March 20, 2007, the Indonesian national legislature passed Law

No. 21 of 2007 on the Eradication of the Criminal Act of Trafficking

in Persons. The law defines trafficking, establishes harsh

punishments, provides protections for victims and witnesses,

provides services and restitution to victims, and calls for actions



JAKARTA 00000258 017 OF 026





to address trafficking. In 2007 and 2008, GOI passed all three

implementing regulations under the law:



The National Police Decree No. 10 of 2007 was enacted on July 6,

2007 to provide the organizational structure and procedures for a

special unit providing services to women and children.



Government of Indonesia Regulation No. 9 of 2008 on Procedures and

Mechanisms for Integrated Service Centers regarding Witnesses and/or

Victims of Trafficking in Persons requires the establishment of

"integrated service centers" in every district and municipality to

provide services for trafficked persons and witnesses. It takes a

holistic approach to the services needed by trafficked persons and

witnesses. Providing integrated service centers will promote the

return and social integration of a victim or witness in the form of

medical rehabilitation, social rehabilitation and legal assistance.

The regulation states that funding for the centers will come from

both local and national governments but does not specify sources of

funding or allocation of funding.



A third regulation, to establish counter-trafficking task forces at

the national, provincial and district/municipal levels was

promulgated on November 6, 2008. The national task force formed

under the new law met for the first time in early 2009. Indonesia

has achieved all three goals of the implementing regulations. It

has established new police units, and now has to work to build their

capacity. It has established one stop service centers and task

forces which have started working effectively.



Local governments are also creating legislation to combat

trafficking. In an unprecedented move in one of Indonesia's major

source provinces, West Java, the District of Cianjur on 17 February

2010, issued a new district by-law (Perda) to combat trafficking

which NGOs in the district have long pushed for. The local

parliament (DPRD) approved and issued the new law. In 2009 around

300 trafficking victims from Cianjur, mostly Southern Cianjur were

trafficked to Middle East.



OTHER LAWS

--------------



The National Plan of Action encourages provincial and local

governments to establish their own anti-trafficking regulations and

a number have done so. Notable are strong anti-trafficking or women

and child protection laws which reflect local reactions to the

trafficking problem and are being used vigorously.



In 2004, the DPR passed Law 39/2004 on the protection of migrant

workers abroad. The law provides greater regulation of the migrant

worker recruiting and placement process. It establishes jail

sentences of 2 to 15 years for unlicensed labor recruitment

agencies. However, NGOs often criticize this law as ineffective and

of little real assistance to migrants in need of protection. IOM

has a pending proposal to help revise this law in order to emphasize

its protection aspects. Post has sent a cable indicating its

support of this proposal.



In 2009, the GOI initiated two pieces of legislation that will be

powerful tools to punish traffickers for their crimes. First, an

interagency Indonesian legislative drafting team completed and sent

to the Ministry of Justice and Human Rights for review a draft law

that will allow the government to pursue traffickers and other

criminals through non-conviction based asset forfeiture. Once

Parliament passes the legislation, the government of Indonesia can

forfeit the assets of criminals even in the absence of a criminal

conviction.



The second important legal initiative is the administration's

amendment of a new draft anti-money laundering law that broadens

predicate offenses for money laundering to include any offense with

a jail term of more than one year. This law will apply to

trafficking cases, providing another way to punish traffickers.



In addition to a comprehensive legal framework for trafficking,

implementing regulations and these new legal tools, Indonesia has



JAKARTA 00000258 018 OF 026





also ratified almost all major conventions relating to trafficking.

In 2009, Indonesia has also signed the UN Convention against

Transnational Organized Crime and its supplemental Protocol to

Prevent, Suppress and Punish Trafficking in Persons, especially

Women and Children. In addition to those referred to above,

Indonesia has ratified ILO Convention 29 on Forced Labor, the UN

Convention on the Elimination of Discrimination against Women, and

has signed the optional protocol to the Convention on the Rights of

the Child on the Sale of Children, Child Prostitution and Child

Pornography.



PENALTIES FOR RAPE OR FORCIBLE SEXUAL ASSAULT

--------------



The Criminal Code, Article 285, stipulates a maximum of 12 years

imprisonment for rape committed outside of marriage. Other generally

less severe criminal sanctions apply for sexual intercourse with a

minor, forcing a person to commit an act of sexual abuse of a minor,

facilitating minors to perform acts of obscenity, and other related

offenses. The 12-year maximum jail sentence for rape exceeds the

6-year maximum for trafficking under the Criminal Code, but is

similar to the 15-year maximum penalty for trafficking of children

under the Child Protection Act.



PROSTITUTION

--------------



As a matter of national law, Indonesia has not legalized

prostitution. Indonesia's Penal Code does not explicitly mention

prostitution, but the Code's Chapter 14 refers to "crimes against

decency/morality," which many within national and local governments

interpret to apply to prostitution. Central government officials

contacted by the Embassy agreed in their interpretation that the

Penal Code renders prostitution illegal. The prostitution of

children is clearly illegal under the Penal Code and the 2002 Child

Protection Act.



The Penal Code can be used to prosecute the acts of pimps, brothel

owners and enforcers on the basis of various crimes, including:

using violence or threats of violence to force persons to conduct

indecent acts (Article 289, with a maximum penalty of nine years in

jail); facilitating indecent acts (Article 296, with a possible jail

term of 16 months); conducing/facilitating public indecency (Article

281); and making profits from the indecent acts of a woman (Article

506, with a possible one-year jail sentence). In practice,

authorities rarely pursued such charges against those involved in

prostitution.



Clients of child prostitutes can be charged under the Penal Code and

the Child Protection Act. In theory, married persons who are

clients of prostitutes can be charged for engaging in sexual

relations outside of marriage (Penal Code Article 284). In general,

police did not arrest and pursue charges against clients of

prostitutes.



While contrary to societal and religious norms in Indonesia, the

practice of prostitution is widespread and largely tolerated in many

areas of the country, particularly when it is not a matter of public

display. Although contrary to national interpretations that the

Penal Code prohibits prostitution, authorities in some localities

have formally or informally regulated prostitution in response to

community pressure. In some areas, including certain locations in

Papua, brothel owners registered prostitutes with the police with a

view to demonstrating that the prostitutes are not coerced or

underage.



Some local governments gained important tax revenues from otherwise

legal entertainment businesses, such as karaoke bars, that also

offer prostitution. Individual police and other officials also

gained illegal income as a result of prostitution. These factors

encouraged the tendency to tolerate prostitution, according to

observers.





INVESTIGATIVE TECHNIQUES



JAKARTA 00000258 019 OF 026





--------------



In some instances, the police, particularly those who had received

anti-trafficking training, used active investigation techniques to

develop trafficking cases. The police used undercover operations to

some extent. In the past, police occasionally employed electronic

surveillance using technical expertise developed for

counter-terrorism. Information collected through electronic

surveillance is not admissible in Indonesian courts except in cases

of terrorism. The cooperation of victims and witnesses was

important to police and prosecutors in making cases against

traffickers. According to a number of the police, GOI officials and

NGOs, victims frequently avoided testifying because of the prolonged

nature of court cases, their desire to return to their home areas

and lack of financial assistance to maintain themselves. This

complicated prosecution efforts. In some cases, police did not

detain suspects, who then subsequently disappeared and did not

present themselves in court. NGOs criticized police who rescued

victims but often failed to pursue traffickers who fled to other

regions or left the country.



SPECIALIZED TRAINING

--------------



Training of law enforcement officials by USG and international NGOs

greatly increased this year, with strong cooperation by Indonesian

officials. Over a thousand police, prosecutors and judges were

trained in anti-trafficking techniques in 2009 and 2010.



Since October 2007, US Mission Jakarta's RSO has coordinated with

the INP to target criminal syndicates that specialize in the

production and sale of counterfeit documents to facilitate human

smuggling and/or trafficking to the United States. RSO is

coordinating with Diplomatic Security Service's (DSS) Visa Fraud

Branch, the Federal Bureau of Investigation and the Department of

State's Human Smuggling and Trafficking Center to investigate these

syndicates. In February, 2009, RSO in conjunction with INP cracked

a fraudulent document ring which could have been used in

facilitating TIP.



From March to April 2009 USAID supported American Center for

International Labor Solidarity (Solidarity Center or ACILS) in

providing capacity training for Service Providers in the districts

of Indramayu, Cianjur, Pontianak, Batam, Sanggau, Tanjung Balai

Karimun, Tanjung Pinang and Sambas. A total of 170 participants

including representatives of local NGOs and local health office

attended the training.



RSO, in conjunction with Department of Justice's International

Criminal Investigative Training Assistance Program (ICITIAP),

provided human smuggling and trafficking training courses to the INP

in 2008. RSO conducted multiple raids with the new anti-trafficking

unit which the INP set up after training with them in 2008. In

2009, ICITAP completed four training courses including 144 police,

49 prosecutors, 26 immigration officials and 14 NGO members. On

February 23-25, ICITAP held a training session on improving

Indonesian-Malaysian Cooperation in Combating Trafficking in

Persons. The trainees from Malaysia included 5 prosecutors, 7

police, 2 immigration officials, 2 Ministry of Home Affairs

officials and 2 maritime security officials. From Indonesia, 7

police officers from Bali, 3 from West Kalimantan Police, 1 from

Riau Islands Police and one from West Java Police, two from Interpol

Indonesia, 5 immigration officials and 5 prosecutors, 3 IGOs/NGOs

and 2 from UN. ICITAP also conducted 2 trainings of police trainers

in Bogor in January and February 2010 and one in Surabaya in late

February, training approximately 80 police.



In addition, a Department of Justice Regional Legal Advisor (RLA)

from Office of Overseas Prosecutorial Development Assistance and

Training (OPDAT) provided successful joint training to 70 officials

from Ministry of Manpower and Overseas Manpower Protection Agency,

along with judges, prosecutors, police and NGOs in February 2010 in

Surabaya, East Java. In November, 2009 OPDAT trained 35 police and

senior prosecutors in Bandung. The training provided opportunities

for collaboration and cooperation among the community of TIP



JAKARTA 00000258 020 OF 026





stakeholders.



In addition, IOM trained police, prosecutors, immigration official

and judges in a series of national workshops.



Solidarity Center (ACILS) and ICMC completed a three year project

with USAID in September 2009 called ATP. (Anti-Trafficking in

Persons). They targeted eight districts for special assistance in

delivering effective services to trafficking victims. These

assisted the local task forces to develop policies and procedures

for service provision. They also trained mass social organization

partners PKK, PGRI and FSPMI by delivering awareness raising

information about human trafficking and safe migration to 224,151

people. With ATP assistance, the National Task force and local task

forces in eight target districts held a two-day strategic planning

workshop on August 12, 2009 in which stakeholders shared information

and improved coordination.



COOPERATION WITH OTHER GOVERNMENTS

--------------



The GOI cooperated with other governments, particularly Malaysia, in

the investigation and prosecution of trafficking cases during 2009.

Indonesian and Malaysian law enforcement officers worked together to

stop trafficking operations.



In the past, Indonesia and Australia cooperated in the

investigations of Australian pedophiles victimizing children in Bali

and the current case in Jakarta, and syndicates trafficking women to

Australia. We have a pedophile case being worked by the FBI with

the assistance of the Indonesian government.





EXTRADITION

--------------



Indonesia maintains extradition treaties with only five countries or

territories, but very seldom utilizes this mechanism to seek

extradition of its citizens, preferring less formal options such as

rendering and deportation. Indonesia does not have a history of

extraditing or rendering its own citizens to other countries.



Indonesia did not extradite any traffickers during this reporting

period and there were no reports of such requests from other

countries.



Indonesian police and officials have cooperated with foreign

governments, including the U.S. and Australia, in the apprehension

and repatriation of foreign sex offenders.



The AGO office has reached an agreement to extradite an Australian

who committed sex offenses to boys during his work in Indonesia. The

offender is now waiting to be sent to Indonesia to be tried for a

pedophile case he committed.





FOREIGN PEDOPHILES PROSECUTED, DEPORTED

--------------



The AGO has prepared final prosecution papers on Peter Smith, an

Australian national being charged with sexual exploitation of street

children in Jakarta. The AGO is now finalizing their agreement with

Australian government to extradite Peter to put him in trial in

Indonesia.



RATIFICATION OF INTERNATIONAL INSTRUMENTS

--------------



Indonesia has signed and in most cases ratified international

instruments related to the worst forms of child labor and the

trafficking of women and children:



-- The House of Representatives ratified a United Nations protocol

against human trafficking which aims to stop and punish human

traffickers, particularly those trafficking women and children, and



JAKARTA 00000258 021 OF 026





is part of the UN Convention Against Transnational Organized Crime.

The protocol will allow law enforcers to charge those responsible

for trafficking people with the maximum possible sentence in a move

to crack down on trafficking syndicates.



-- In 2009 the House of Representatives ratified a UN protocol

against human trafficking which aims to stop and punish human

traffickers, particularly those trafficking women and children, and

is part of the UN convention against transnational organized crime.



-- In 2009 the House of Representatives ratified a UN protocol

against smuggling of migrants.



-- The GOI signed ILO Convention 182 concerning the elimination of

the worst forms of child labor and ratified this with Law No. 1 of

2000 on March 8, 2000.



-- Indonesia ratified ILO Convention 29 on Forced Labor in 1950.

The GOI ratified ILO Convention 105 on the Abolition of Forced Labor

in 1999.



-- Indonesia signed the Optional Protocol to the Convention on the

Rights of the Child on the Sale of Children, Child Prostitution and

Child Pornography, and ratified this in September 2001.



-- Indonesia signed in December 2000 the UN Convention Against

Transnational Organized Crime and its Protocol to Prevent, Suppress

and Punish Trafficking in Persons. The GOI ratified the Convention

and Protocol in 2009.



-- On September 25, 2003, Indonesia signed the Convention for the

Suppression of the Traffic in Persons and the Exploitation of the

Prostitution of Others, 1950, and the Convention's Final Protocol.

Indonesia has not yet ratified these instruments.



--------------

IV. PROTECTION AND ASSISTANCE TO VICTIMS

--------------



GOVERNMENT ASSISTANCE TO VICTIMS

--------------



National and local level assistance efforts continued or increased

over the past year, although they remained small in comparison with

the scope of the problem. The Social Service Ministry operated 22

shelters and trauma clinic, they called, RPTC or Rumah Perlindungan

dan Trauma Center in various provinces in Indonesia. These shelters

are open to traumatized victims of violence and trafficking. In

2007 the Ministry ordered that comprehensive one stop social and

medical services for victims be set up. Police often refer victims

to these shelters which provides psychologists, social worker,

psychoanalyst, and medical teams. A referral system within this

shelter will refer victims to other organizations and institution

for special care. Although government funds are available, the

needs for training and capacity building are urgent. The shelter

will also need a special room in which to provide services and tools

to assess victims privately before referring them for further care.





The National Police operated numerous "integrated service centers,"

providing health services to TIP and other victims of violence.

Four of these are full medical recovery centers specifically for

trafficking victims. The GOI pays for about a third of the cost of

treating victims by offering intensive care treatment for the cost

of ordinary care funded by IOM. These trafficking victim recovery

centers have treated thousands of patients since opening in 2005.

The integrated service centers in Jakarta, Surabaya, Pontianak and

Makassar provide support services such as temporary shelter,

medical, psychological, and legal assistance. The National Police

established a "medical recovery center" at the National Police

Hospital in Jakarta with the help of IOM.



The health department provides 20 government funded hospitals, and

will coordinate with private hospitals in coming years to assess,

help, and cure victims specifically for their problems. In 2009,



JAKARTA 00000258 022 OF 026





the GOI provided funding for the Ministry of Health for trafficking

victims. The MOH will pay all forensic evidence expenses for

victims of trafficking or violence. In 2009, police or prosecutors

often referred victims to the health Ministry to pay for the

forensic exams.



The Regional Offices of Women's Empowerment also operates the

Integrated Service Center for Empowering Women and Children (PTP),

centers for women and children. These provide medical, economic,

and legal services to victims of trafficking and violence.





GOI SUPPORT FOR NGO SERVICES TO VICTIMS

--------------



The GOI provided some funding to domestic NGOs and civil society

groups that supported services for TIP victims, usually as part of a

larger program rather than one focused exclusively on trafficking.

At the national level, for example, the People's Welfare

Coordinating Ministry and the Social Affairs Ministry provided food

assistance to social centers and safe houses nationwide. According

to ICMC and ACILS and other organizations, local governments across

Indonesia funded NGOs to provide services to victims, including

shelters, medical exams and training.



In local raids, the police and AGO office did always not understand

how best to deal with victims. In identifying and referring

victims, these officials need deeper insights from humanitarian

agencies and social workers. This need is easily filled by NGOs in

big cities, but it is still a problem in many districts. In

Surabaya, for example, NGOs emphasized their close cooperation with

police in rescuing and protecting victims.





SCREENING AND REFERRAL OF VICTIMS

--------------



In Jakarta, a screening system is in place at the Tanjung Priok

seaport to refer cases of abused migrant workers and trafficking

victims to the city's police hospital. NGOs active in migrant

worker advocacy also identify and refer returned migrant workers who

need medical attention. An NGO screening process was also in

practice in Surabaya. However, at Jakarta international airport's

Terminal Four, screening by officials is sometimes cursory and many

trafficking victims appear to slip through without being helped.



Women's help desks at provincial and district level police offices

typically have formal or informal arrangements in place with local

NGO's to provide short-term shelter and a modicum of care for

trafficking victims. In general, however, long-term care does not

appear to be available in the absence of private assistance through

an NGO. The AGO's office is concerned about how to assess victims

in districts where no NGO is available to assist them and accompany

the victims. The issue of trafficking is still new for some areas

in Indonesia, where no NGO or government agencies are available to

help them deal with the situation.



RESPECT FOR THE RIGHTS OF VICTIMS

--------------



The GOI's written policy, found in its annual trafficking report, is

that, "from a legal perspective, the Government treats persons who

are trafficked not as criminals, but as victims who need help and

protection." The People's Welfare Coordinating Ministry, the

Women's Ministry, and training conducted by international NGOs and

DOJ/ICITAP, reinforced this policy during the year in public

settings and trainings of police and other officials. Police who

received ICITAP training demonstrated greater awareness of and

respect for TIP victims.



Local government and police practice varied, particularly in the

lower ranks of law enforcement agencies. Local governments,

exercising greater authority under the nation's decentralization

program, sometimes enacted regulations that tend to treat trafficked

prostitutes as criminals, contrary to national policy. In many



JAKARTA 00000258 023 OF 026





instances, GOI officials and police actively protected and assisted

victims. In other cases, police officers treated victims,

particularly trafficked prostitutes, as criminals, subjected them to

detention, and took advantage of their vulnerability to demand

bribes and sexual services. The media and lower level officials,

including police, frequently failed to protect victims' identities

and commonly provided victims' names to the public.



The GOI's policy is not to detain or imprison trafficking victims.

Police implementation of this policy varies in practice. Not all

local government laws comply with this policy. Local police often

arrested prostitutes, presumably including trafficking victims, who

operated outside recognized prostitution zones on charges of

violating public order. Police raids on prostitute areas commonly

resulted in the arrest of prostitutes, rather than users or pimps.

On occasion, the police detained victims, sometimes to gain their

testimony or in the belief they were protecting the victims from

traffickers. In other cases, police detained victims in order to

extract bribes.



There was a growing understanding of the need to protect Indonesian

victims of trafficking. This included case of foreign prostitutes

trafficked to Indonesia. They were screened for trafficking and the

GOI worked with the governments of the countries of origin for the

humane repatriation of victims.



ENCOURAGING VICTIMS TO ASSIST INVESTIGATIONS/PROSECUTIONS

--------------



The GOI encourages victims to assist in the investigation and

prosecution of traffickers. The GOI reported that victims

frequently were reluctant or refused to provide testimony out of

shame and fear of retribution against themselves and their

families.



There have been reports of police officers who refused to receive

complaints from trafficking victims, but insisted instead that

victims and traffickers reach an informal settlement (for example,

payment of debts in return for a prostitute's release from a

brothel).



In order to enforce law and apprehend more traffickers, witness

testimony is vital. The AGO office reported that they have limited

funds to facilitate bringing witnesses from far away.





PROTECTIONS FOR VICTIMS AND WITNESSES

--------------



The functions of the women's help desks at provincial and district

level police stations include protection of women and children

during the police investigation process of crimes such as

trafficking. Some of the desks functioned reasonably well, while

others did not function adequately.



With the new anti-trafficking law and the Witness Protection law,

police routinely offer witnesses special protection such as giving

testimony via videotape. The new Witness Protection Commission

(LPSK) affords a mechanism to shelter and protect trafficking

victims as well as a mechanism to fund their assistance and care.

The legislation establishing the witness protection commission

authorizes the Commission to protect victims and witnesses and

arrange for their assistance and compensation. All women's desks set

up special victim interview rooms in 2008 and 2009, in some cases

including a video camera to film testimony.



TRAINING FOR OFFICIALS TO RECOGNIZE/ASSIST VICTIMS

-------------- -



NGOs, international organizations, ICITAP, and DOJ OPDAT have

assisted in the training of Indonesian officials, including how to

identify and screen for trafficking victims. IOM has worked with

Indonesian diplomatic offices, police, attorney general's office,

and in Malaysia to improve their screening procedures for potential

trafficking victims.



JAKARTA 00000258 024 OF 026







ASSISTANCE TO REPATRIATED NATIONALS

--------------



The government of Indonesia (GOI) is taking trafficking issues

seriously, and is focusing on the welfare of Indonesian citizens

overseas. A government working group in conjunction with the

International Organization for Migration (IOM) rescued and

repatriated 425 Indonesian workers from Jeddah, Saudi Arabia, and

Amman, Jordan on January 20, 2010. On January 18, 2010, a

collaborative group of government ministries facilitated the

repatriation of 199 Indonesian migrant workers from the Indonesian

Embassy shelter in Kuwaiti. The National Police screened for

minors. IOM encouraged the Department of Social Welfare to screen

for trafficking victims, who they then referred to IOM for medical

treatment.



NGOS WORKING WITH TRAFFICKING VICTIMS

--------------

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.



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

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.



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 effectively facilitates this reepatriation.



After a broad 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.



Some of the more prominent NGOs are Solidaritas Perempuan (Jakarta),

LBH-Apik (Jakarta and West Kalimantan),Mitra Perempuan, Derap

Warapsari, Kalyanamitra, Yayasan Mitra Kesehatan dan Kemanusiaan or

YMKK (Bantam),Rifka Anisa (Yogyakarta),Asa Puan (West Kalimantan)

and LADA (Lampung). Some labor unions also provided services to

trafficking victims. The activities of these groups related to TIP

include: legal assistance, prevention and education programs,

medical services, clinics for children, research and advocacy,

counseling, reproductive health, HIV/AIDS prevention, and shelters.

More NGOs have emerged over the past several years, including

Migrant Care, currently a leading advocacy body for migrant worker

rights and anti-trafficking.



The GOI continued strong cooperation with NGOs over the past year in



JAKARTA 00000258 025 OF 026





the area of assistance to trafficking victims. In some cases

government offices relied heavily on NGO input and advice. GOI

offices provided licenses to organizations and access to trafficking

victims, included NGOs on national and local action committees, and

interceded with law enforcement agencies in some cases to permit

NGOs to carry out their activities. NGOs frequently interacted with

the police, though mutual suspicions limited the interaction in some

areas.



--------------

V. HEROES

--------------



Lita Anggraini, an activist for domestic workers rights, is 41 years

old. She is the coordinator of the National Network for Domestic

Worker Advocacy (Jala PRT),and advocates passionately for the

rights of domestic workers. Jala PRT works to ensure that domestic

workers are aware of their rights, and are acknowledged as well as

legally protected as workers.



She came to Jakarta in 2008 to help run Jala PRT, an umbrella

organization for 35 similar-minded groups across the country

established in 2004. Lita's motivation is to change the public's

mindset about domestic workers, making sure the rights of domestic

workers, both as citizens and workers are recognized and protected.



Most domestic workers in Indonesia - the country with reportedly the

largest number of domestic workers employed worldwide - ae women

from rural areas who have very little edcation. Domestic workers

have consequently been arginalized, as they are often looked down

on as econd-class citizens. They are also prone to physcal,

social and sexual abuse. But Lita retorts hat domestic workers

perform tasks that are as dgnified as other jobs in the formal

sector. Domstic workers play a crucial role in the society,

nabling other individuals to develop themselves an carry out their

jobs.



To help empower domestc workers, Lita set up a domestic worker

school t RTND's headquarters i(n o*gyakarta in 2003 to provide

thr`-(month-long corrses. Participants are trained not only become

r"ofessional domestic workers but also citizens whouunderstand their

rights as workers and can fend for themselves in time of trouble.

By setting up as"chool, she said, she wanted to show the public thtt

domestic work also required skills. At the sam time, she is helping

domestic workers realize taat with each task well performed will

come a sense of satisfaction and a feeling of respect.



Whil joining the course, participants are also advisedtto form

their own organizations to increase thei bargaining power, fight

for their rights, reasoaable wages and working hours, as well as be

treated like workers, not slaves. To achieve these objeci(ves, with

the help of organizations she either hhairs or joins, Lita campaigns

for the rights ofd omestic workers through various media.



Section of the public have also recognized the need for domestic

workers to be protected by law. In 2005, a la PRT prepared a draft

bill concerning the proeection of domestic workers and proposed it

to the House of Representatives for deliberation. It was once

included in the House's 2004-2009 list of national legislation

programs (Prolegnas) but was never discussed. Only this year did it

finally become a priority for the 2010 Prolegnas.



Promising developments, according to Lita, have also been seen at

the international level with the International Labor Organization

(ILO) discussing legal instruments to protect domestic workers

either in the form of a convention or recommendations. She hoped the

Asian Domestic Worker Network and the International Domestic Worker

Network, co-established by RTND in 2005 and 2006, would encourage

people to respect the work of domestic workers.



Lita, an alumnus of the International Relations Department of Gadjah

Mada University's School of Social and Political Sciences, is

planning to establish a domestic work institute to help speed up the

struggle for domestic workers' rights. The institute is for anyone

who wants to know more about domestic workers, to foster in them a



JAKARTA 00000258 026 OF 026





sense of pride in their job. She hopes the institute would take off

either in Jakarta, Semarang or Yogyakarta in two years time.

(source: Jakarta Post)





--------------

VI. BEST PRACTICES

--------------

Success stories:



RAIDs and CROSS-DISTRICT JOINT INVESTIGATION



The INP conducted raids in several places in the hope to find

trafficking victims, illegal drugs use and internal affairs control

activities. In some raids, the police found and apprehend their

officers supporting trafficking activities.



In December 2009, the district police from Aceh Singkil, Aceh, and

Southern Tapanuli, North Sumatera secured 4 female victims, and

unveiled and apprehended a female pimp, allegedly the head of

syndication of trafficking from Aceh to North Sumatera and other

parts of Sumatera to be recruited as sex workers. The police from

Singkil investigated a report from a victim escaping from one of the

caf/ brothels in North Sumatera. The Singkil police coordinated

with Southern Tapanuli CID and caught Ramhat, one of the

accomplices, who showed them where the brothel was located. Rahmat

recruited these girls promising a better job. Some even had romantic

relations with him. The cases are still ongoing.



On 17 June, 2009, District Police in Subang apprehended 2 men and

rescued 5 women that were to be trafficked to Bali. They were

promised work in the tourism industry in Bali. The prosecution is

ongoing (sources: INP).



On August 25, 2009, District police in Mataram stopped seven women

who were accompanied by another woman in a bus terminal in Bali.

The leader of the group told police that her brother in Bali would

provide work there for the other women. The police did not find any

legal supporting documents or representative from any recruitment

service to corroborate this.



The establishment of a special unit for Women and Children (PPA)

services within the police body nationwide as the first point of

contact for trafficking victims has contributed to the enforcement

of TIP laws in many parts of the country. The National Police

Decree No. 10 of 2007 was enacted on July 6, 2007, although such

units have existed for several years in some provincial and district

police unit. The PPA in many districts have developed a

communication mechanism among public prosecutor office, NGOS, and

counterparts' government agencies in health, social, and women

empowerment at the local level. The PPA has apprehended many

criminals and successfully increased public awareness. People may

now simply go to the police station to ask the police about women

and children's rights. The PPA unit in North Sulawesi, Aceh, West

Java, West Kalimantan, Jakarta, Bali, and many other places have

received reports from the public and proceeded with their

investigations accordingly. Due to budgetary limitations, in many

instances, the police have had to self-fund investigations and

travel at their own expense. Coordination and support from local

government, district or municipal governments is necessary to

resolve the issue and to maximize the impact of their work.



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