MALAYSIA'S TENTH ANNUAL TRAFFICKING IN PERSONS

UNCLAS SECTION 01 OF 17 KUALA LUMPUR 000094

SENSITIVE
SIPDIS

DEPT FOR G/TIP, G-LAURA PENA, INL, DRL, PRM, EAP/MTS,
EAP/RSP, STATE PASS FOR USA

E.O. 12958: N/A
TAGS: KTIP KCRM KWMN PGOV PHUM PREL SMIG KFRD ASEC
PREF, ELAB, KMCA, MY
SUBJECT: MALAYSIA'S TENTH ANNUAL TRAFFICKING IN PERSONS
REPORT

REF: A. STATE 294--PREPARING THE TENTH ANNUAL
TRAFFICKING IN PERSONS REPORT

B. KL 58--MALAYSIA: MINISTRY OF HOME AFFAIRS UPDATE
ON ANTI-TIP EFFORTS

C. KL 6--TIP: LABOR DG LABOUR SAYS PROGRESS ON
LABOR TRAFFICKING ISSUES

D. 09 KL 1025--SUCCESSFUL ANTI-TIP TRAINING COMPLETED

E. 09 KL 934--TIP WORKSHOP FOR JOURNALISTS - A FIRST

F. 09 KL 906--MALAYSIA: GTIP STAFF VISIT AUGUST 15-21

G. 09 KL 896--ATTORNEY GENERAL'S CHAMBERS CONDUCTS
TIP TRAINING

H. 09 KL 888--MEETING WITH HOME AFFAIRS SECGEN AND
TEAM ON TIP

I. 09 KL 832--HEAD PROSECUTOR ON TIP CASELOAD AND
REQUEST FOR TRAINING

J. 09 KL 775--TIP AMBASSADOR CDEBACA'S VISIT TO
MALAYSIA AUGUST 25-27

K. 09 KL 704--TIP: MALAYSIA TIER THREE REASSESSMENT

L. 09 KL 632--TIP: GOM INTENSIFIES PUBLIC EDUCATION
ON TIP

M. SEPTELS


1. (SBU) SUMMARY: The government of Malaysia (GOM) made
significant efforts to address the challenges associated with
trafficking in persons (TIP) during this reporting period.
Malaysia reacted to its placement on Tier Three in the 2009
Report in a constructive and responsible manner. Senior
government leaders stated publicly that addressing the TIP
problem was a top priority. This change in approach was
accompanied by a significant improvement in Malaysian-USG
coordination on human trafficking issues. The
government-influenced print media increased the quantity and
quality of its reporting on TIP, an indication of the GOM's
determination to be seen as proactively confronting the issue
(ref L). The GOM improved its effectiveness in combating TIP
in the areas of arrest and prosecution of traffickers,
protection of victims of TIP, and TIP prevention. In
November, the National Council of Anti Trafficking in
Persons, which was created in 2008, shared with Post a draft
of its newly created National TIP Action Plan that set goals
and objectives for improvement in the GOM's counter-TIP
efforts for the next five years. The GOM launched an
anti-TIP public awareness campaign that was a mix of
advertisements in print media, radio spots, and government
officials addressing the issue on the local television talk
show circuit. The GOM also invested considerable effort in
training its law enforcement, prosecutors, and judiciary in
how to better utilize the Anti-TIP Act by hosting numerous
workshops, seminars, and conferences, some of which was
provided by the USG.


2. (SBU) The GOM took steps to build its capacity to combat
TIP. The Ministry for Women, Family, and Community
Development (Women's Ministry) operated three TIP victim
shelters, two for women, one for minors, and identified a
fourth and a fifth shelter for male victims of TIP scheduled
to begin operating in 2010. The Royal Malaysian Police (RMP)
referred 454 suspected TIP victims to the government-operated
shelters and rescued and repatriated over 880 trafficking
victims during the reporting period. Over the course of the
reporting year, law enforcement and prosecutors became more
comfortable implementing the comprehensive anti-trafficking
law (ATIP Act),which went into full force on February 28,

2008. During the reporting period, the GOM initiated 180 TIP
investigations, filed 123 charges against 69 suspected
traffickers, and convicted 7 persons under the ATIP Act.
Government agencies coordinated with local NGOs on some TIP
cases. The government launched an investigation into
allegations that immigration officials were involved in the
trafficking of refugees to the Thai border area. On July 20,
police arrested five immigration officials for their
involvement, with one being officially charged.


3. (SBU) Despite significant efforts, Malaysia has
substantial room for improvement in other TIP areas such as
labor trafficking. Government officials investigated some
labor trafficking cases and began a comprehensive review of
labor outsourcing companies, but made only limited progress
in the arrest and prosecution of labor traffickers. Malaysia
was still developing an understanding for how to enhance
protective services to victims of human trafficking and
overcoming a pervasive historical view of such victims as
illegal aliens, prostitutes, and/or criminals. Despite
repeated attempts by the GOM to conclude a new Memorandum of
Understanding (MOU) on migrant workers with Indonesia, the
countries continued to maintain an MOU that allows for
confiscation of passports of migrant workers. The GOM's


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