VZCZCXRO9113
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHKL #0097/01 0460716
ZNR UUUUU ZZH
P 150716Z FEB 08
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 0538
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 000097 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MTS, EAP/PD, AND G/TIP - SALLY NEUMANN 
ALSO FOR IIP/SEG - STEELE 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KCRM MY
SUBJECT: TIP EXPERT MOHAMED MATTAR DISCUSSES MALAYSIA'S NEW 
LAW AND CONVEYS BEST PRACTICES 
 
REF: A. KUALA LUMPUR 52 - SEEK U.S. SPEAKERS ON TIP 
     ¶B. 07 KUALA LUMPUR 1731 - CATHOLIC CHURCH ANTI-TIP 
        EFFORTS 
     ¶C. 07 KUALA LUMPUR 1730 - TIP ACTION PLAN DELIVERED 
        TO MALAYSIA 
 
Summary 
------- 
 
¶1.  (SBU) Dr. Mohamed Mattar, an internationally recognized 
expert on trafficking in persons (TIP) laws from John Hopkins 
University, conducted meetings with Malaysian government 
officials, local NGOs, universities, and with press during 
his January 28-February 1 visit to Kuala Lumpur.  Dr. Mattar 
provided expert views on Malaysia's new anti-TIP law and 
methods for effectively implementing it.  He reviewed the 
law's strengths, including two sections he deemed represented 
international best practices, and explored ways to approach 
victim protection.  He met with officials at the Women's 
Ministry where he discussed best practices and models for 
operating TIP victims shelters.  He also met with Department 
of Immigration officials where he identified training 
modules, best practices, and guidelines for identifying 
trafficking victims.  At a seminar for NGOs, Mattar discussed 
the laws specific inclusion of NGOs on the National 
Anti-trafficking Council and encouraged NGOs to work 
constructively with the government.  Immigration officials 
expressed interest in having Mattar speak at the next meeting 
of the "Bali Process," which will be held later this year. 
Following meetings with Mattar, a senior immigration official 
made the government's first public warning that employers 
found abusing foreign workers could be charged under the 
anti-trafficking law, and a government-influenced newspaper 
published a strong editorial reflecting Mattar's points. 
Mattar's visit illustrates Malaysian officials and civil 
society's active interest in expert advice on implementing 
the new anti-trafficking law, and Post will follow up on 
previous requests for Department support.  End Summary. 
 
Malaysia's new law 
------------------ 
 
¶2.  (U) Mattar conveyed his evaluation of Malaysia's new 
anti-trafficking law, both strengths and weaknesses, during 
discussions with the government, NGOs, press, and at 
universities.  Overall, he rated the law "excellent."  He 
pointed out that Malaysia is only one of 37 countries with a 
comprehensive anti-TIP law.  He said Sections 16 and 17 of 
the law merited recognition as international best practices. 
Section 16 states the consent of a trafficked person is 
irrelevant and cannot be used as a defense by a trafficker. 
Section 17 states that past sexual behavior of a victim is 
irrelevant and inadmissible.  Mattar said he intended to 
mention these two sections when he speaks at the Vienna Forum 
to Fight Human Trafficking in mid-February.  Mattar 
identified aspects of the law covering victim protection that 
needed clarification.  Specifically, he looked at the status 
of a victim and whether they were subject to Malaysia's 
immigration laws following the 90-day period during which a 
victim is protected and given shelter.  He suggested that 
this could be clarified as the GOM approached the 
implementation of the law. 
 
Mattar meets with government officials 
-------------------------------------- 
 
¶3.  (SBU) On January 31, Mattar met with Sharifah Zarah Syed 
Ahmad, Director General for the Department of Women's 
Development in the Women's Ministry, to talk about TIP 
shelter operations in relation to the new TIP law.  Mattar 
offered to provide the Women's Ministry with best practices 
and models for operating TIP shelters.  Sharifah expressed 
concern that the ministry lacked the capacity to collect data 
on trafficking and was considering using a contract expert to 
manage data collection.  Mattar encouraged Sharifah to 
provide public reports on the ministry's anti-trafficking 
efforts.  Sharifah informed Mattar that the ministry was 
concluding the third training workshop for designated shelter 
protection officers.  (Note: Section 43 of the Anti-TIP law 
designated the Women's Ministry responsibility to provide 
protection officers at the shelters.  End Note.)  Sharifah 
welcomed Mattar's inputs and stated she was committed to 
pushing the ministry's efforts to open the shelters. 
 
¶4.  (SBU) Mattar also met with Wahid bin Mohamed, 
Director-General of Immigration and Ishak Haji Mohamed, 
Immigration's Enforcement Director.  Wahid stated that 
 
KUALA LUMP 00000097  002 OF 002 
 
 
immigration officers required training in TIP victim 
identification.  He expressed interest when Mattar offer to 
provide a TIP training module to use during the initial 
training of new immigration officers at the Department's 
training facility at Port Dickson.  Both Wahid and Ishak 
stated they wished to review international models and best 
practices.  Wahid explained measures already taken to 
decrease the risk of trafficking.  One measure is the 
introduction of the "I-Kad," an identification card for 
foreigners in Malaysia on student or work visas.  The I-Kad 
will show legal status and allow freedom of movement within 
Malaysia even if an employer holds a migrant workers 
passport.  The Immigration Department is also instituting 
biometrics to combat identification fraud.  This will help 
combat trafficking as rescued victims returned to Indonesia 
along the Tebedu-Entikong border point are often 
re-trafficked by recruitment agents using fraudulent travel 
documents.  The biometrics system will alert immigration 
officers to attempted re-entries.  Both Wahid and Ishak were 
very interested in discussing trafficking with Mattar.  Ishak 
suggested inviting Mattar to speak at the next "Bali Process" 
meeting, which Malaysia will host later this year.  A few 
hours later, Ishak issued the government's first public 
warning that employers found abusing foreign workers could be 
charged under the new Anti-TIP law. 
 
Taking the message to universities, NGOs, and the Press 
--------------------------------------------- ---------- 
 
¶5.  (U) Mattar also shared his expertise with law students 
and academics at the University of Malaya and the National 
University of Malaysia.  A representative of the Attorney 
General's Office joined the former event.  At these talks, 
Mattar offered in-depth analysis of Malaysia's anti-TIP law 
and the implications for its implementation.  He discussed 
the law's focus on preventing trafficking, prosecution of 
traffickers and the protection of trafficking victims, 
particularly in relation to Malaysia's labor statutes. 
Participants were particularly interested in Mattar's 
comparative analysis of varying anti-TIP modules and 
international best practices. 
 
¶6.  (U) The Asia Foundation hosted a seminar for local NGOs 
involved with TIP victim protection.  Participants included 
representatives from Malaysia's Human Rights Commission, 
which is drafting Malaysia's national anti-trafficking action 
plan and is occupies one of up to three seats on the national 
council reserved for non-governmental actors.  Mattar praised 
the law's explicit inclusion of NGOs on the national council. 
 He encouraged NGOs to work constructively with the 
government, especially in operating shelters and increasing 
victim protection. 
 
¶7.  (U) Mattar met with print and radio journalists regarding 
trafficking and Malaysia's new law.  Shortly thereafter, on 
February 5, a newspaper closely aligned with government 
views, the New Straits Times, published an editorial on 
trafficking urging more government action.  The editorial 
reflects the themes Mattar addressed throughout his visit and 
in his press encounter.  In particular, the editorial argued 
that, "it is time to implement a national plan of action to 
trace and save the victims and prosecute and punish those who 
profit from their misery."  We expect additional radio and 
print pieces on trafficking in the near future. 
 
Comment 
------- 
 
¶8.  (SBU) Mattar's visit illustrated Malaysian officials and 
civil society's active interest in expert advice on 
implementing the new anti-trafficking law, and their 
receptivity to learning about international best practices. 
GOM agencies charged with implementing the TIP law recognize 
the technical expertise we have to offer and are willing to 
work with us if the approach is viewed as cooperative and not 
confrontational.  Following Mattar's program, and the 
fruitful February 11-13 visit of G/TIP reports officer 
(septel), we have expanded opportunities to provide 
information, training material and expertise in critical 
areas such as victim identification, victim shelter operation 
and management, and law enforcement and prosecution.  Embassy 
Kuala Lumpur wants to make the most of these opportunities 
and we will follow up on previous requests for Department 
support. 
 
 
KEITH