VZCZCXYZ7982
PP RUEHWEB

DE RUEHKL #0147/01 0640004
ZNR UUUUU ZZH
P 040004Z MAR 08
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 0611
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHBJ/AMEMBASSY BEIJING PRIORITY 2421
RUEHKA/AMEMBASSY DHAKA PRIORITY 0398
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 0308
RUEHKT/AMEMBASSY KATHMANDU PRIORITY 0093
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0752
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY
RUEHC/DEPT OF LABOR WASHDC PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY

UNCLAS KUALA LUMPUR 000147 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G, INL, DRL, PRM, EAP/RSP, EAP/MTS 
PASS TO USAID 
 
E.O. 12958: N/A 
TAGS: PHUM PREF ELAB SMIG KCRM KWMN KFRD ASEC MY
SUBJECT: MALAYSIA'S EIGHTH ANNUAL TRAFFICKING IN PERSONS 
REPORT 
 
REF: A. STATE 2731 - PREPARING THE TIP REPORT 
     ¶B. 07 STATE 164216 - TIER 3 ACTION PLAN FOR MALAYSIA 
     ¶C. 07 STATE 150188 - GUIDELINES FOR THE MINIMUM 
        STANDARDS OF THE TVPA 
     ¶D. KUALA LUMPUR 97 - TIP EXPERT DISCUSSES NEW 
        ANTI-TIP LAW 
     ¶E. 07 KUALA LUMPUR 1731 - CATHOLIC CHURCH ANTI-TIP 
        EFFORTS 
     ¶F. 07 KUALA LUMPUR 1640 - ALLEGED SEX TRAFFICKING 
        ON LABUAN ISLAND 
     ¶G. 07 KUALA LUMPUR 1557 - EAST MALAYSIA POLICE ON TIP 
     ¶H. 07 KUALA LUMPUR 1568 - GOM UPDATES ON ANTI-TIP LAW 
     ¶I. 07 KUALA LUMPUR 1236 - MALAYSIA ENACTS ANTI-TIP 
        LAW 
     ¶J. 07 KUALA LUMPUR 00834 - MALAYSIA PASSES 
        COMPREHENSIVE ANTI-TIP LAW 
 
 Summary 
------- 
 
¶1.  (SBU) Malaysia made significant efforts to combat 
trafficking in persons during this reporting period, marking 
a positive shift from previous years.  Malaysia's drafting, 
passage, and enactment of a comprehensive anti-trafficking in 
persons law represents an important advance in Malaysia's 
commitment to meet international standards for combating this 
crime.  The government of Malaysia (GOM) took action on most 
of the elements included in the Tier 3 action plan that the 
U.S. proposed during the reporting period.  The GOM 
established the National Council for Anti-Trafficking in 
Persons (National Council).  The Council, working with 
Malaysia's Human Rights Commission (SUHAKAM) drafted a 
national action plan.  The GOM also instituted training 
programs for law enforcement and government officials with 
new anti-trafficking responsibilities.  The Ministry for 
Women, Family, and Community Development (Women's Ministry) 
built two shelters for trafficking victims and trained the 
shelters' staff, along with newly designated protection 
officers, but had not opened the shelters as of the end of 
February pending full activation of the anti-TIP law.  The 
Royal Malaysian Police (RMP) rescued trafficking victims and 
often referred them to NGOs, the Catholic Church, and foreign 
embassies that operated shelters and/or provided social 
services to trafficking victims.  The RMP continued to 
investigate several trafficking cases, and detained 55 
suspected traffickers under the Emergency Ordinance and 
Restricted Residence Act.  Police often referred rescued 
victims to NGOs, the Catholic Church, and foreign embassies 
operated shelters.  On February 28, the GOM issued three 
necessary "legislative supplements" bringing the new anti-TIP 
law fully into effect.  Malaysia has yet to comply fully with 
U.S. minimum standards and should address many shortfalls 
primarily through full enforcement of its comprehensive 
anti-trafficking law to include: opening of victims shelters, 
screening for TIP victims by relevant government agencies, 
and enforcement action against traffickers under the law. 
Malaysia was a destination, and to a lesser extent, a transit 
and source country for adults and minors trafficked for the 
purposes of forced labor and sexual exploitation.  End 
Summary. 
 
¶2.  (U) Embassy's submission for the Eighth Annual 
Trafficking in Persons (TIP) Report for Malaysia follows. 
Responses are keyed to paragraphs 27 - 30 of ref A. 
Embassy's point of contact for TIP is political officer 
Enrique R. Gallego (phone: 603-2148-4891 or 984-4831 (IVG), 
fax: 603-2168-5165, email: gallegoer@state.gov).  The Embassy 
spent the following time preparing the TIP report: FS-2: 12 
hours; FS-3: 60 hours; FSN: 40 hours. 
 
¶3.  CHECKLIST (PARA 27) 
----------------------- 
 
¶A. (SBU) Malaysia was a destination, and to a lesser extent, 
a transit and source country for adults and minors trafficked 
for the purposes of forced labor and sexual exploitation. 
The overwhelming majority of victims came to Malaysia seeking 
greater economic opportunities, but later found themselves 
 
victimized either by their employers, employment agents, or 
traffickers that supplied migrant laborers and prostitutes in 
Malaysia.  Trafficking in Malaysia was a regional problem 
driven by economics.  Migrant workers from Indonesia, Nepal, 
India, Thailand, China, the Philippines, Burma, Cambodia, 
Bangladesh, Pakistan, and Vietnam accounted for nearly all of 
Malaysia's trafficking victims.  Trafficking of Malaysians, 
specifically women from indigenous groups and rural areas, 
for labor and sex exploitation occurred within Malaysia. 
There were no accurate statistics for the total number of 
trafficking victims in Malaysia.  Malaysia employed 
approximately 2.5 million migrant workers in 2007, 40 to 45% 
of whom were undocumented.  Government and NGO statistics 
assess there are some 380,000 to 400,000 women employed as 
domestic servants in Malaysia, an unknown number of whom 
worked in abusive situations exacerbated by conditions of 
debt bondage.  Tenaganita and foreign embassies reported 
migrant workers on plantations and construction sites were 
often subject to similar restrictions on their movement, 
deceit and fraud concerning their wages, confiscation of 
their passports, and often were in debt bondage to agents or 
employers.  There were no reliable statistics for the number 
of victims trafficked into prostitution, but the Royal 
Malaysian Police (RMP), foreign embassies and NGOs reported 
at least 800 female victims were rescued from trafficking 
conditions in the commercial sex trade in 2007. 
Approximately 20 percent of the trafficking victims sheltered 
and rescued by NGOs and foreign embassies were below the age 
of 18.  The Women's Ministry sought to contract a 
statistician to develop a new database so the Ministry could 
better document trafficking.  The draft national action plan 
included using data collection to analyze the scale and 
nature of trafficking in Malaysia. 
 
¶B.  (SBU) Most trafficking victims in Malaysia were economic 
migrants seeking better wages than those available in their 
countries of origin.  Anecdotal evidence from the Indonesian 
Embassy, GOM, the press, and NGOs indicated Indonesia, the 
dominant source of migrant labor to Malaysia, remained the 
source of the greatest number of trafficking victims.  Our 
interviews with trafficking victims revealed a common 
pattern.  Typically, an employment agent recruited the 
trafficking victim from his or her home village, in the first 
step of a debt-bondage arrangement with a Malaysian employer. 
 For an initial payment, or more often for a certain debt, 
the recruiter obtained a passport (with false data for 
underage girls, usually showing the girls' age as 25), an 
exit permit, and transportation from Indonesia to Malaysia. 
Upon arrival, a Malaysian employment agent assumed control of 
and assisted with entry.  The Malaysian employment agents 
often avoided individual immigration inspection of the 
trafficking victims.  Generally, the Malaysian employment 
agent paid the Indonesian agent for supplying the worker, or 
the worker acquired additional debt with the new agent for 
placement, employment documentation, transportation, 
temporary lodging, etc.  Employment agents placed most 
workers in their previously agreed positions as domestics, 
agricultural workers, etc.  However, some agents sold 
individuals into brothels, karaoke bars, or passed them to 
sex traffickers.  Employers commonly confiscated workers' 
passports.  Some employers forced laborers to work long 
hours, without pay, until the debt-bond was paid. 
Reportedly, similar modus operandi applied to migrant workers 
from Bangladesh and Vietnam. 
 
(SBU) Regardless of their origin, victims of trafficking were 
usually poor, uneducated, unskilled laborers recruited by 
their fellow citizens but later passed to Malaysian agents. 
Some victims were willingly smuggled into Malaysia or entered 
on tourist visas, but found themselves victimized when they 
voluntarily or involuntarily entered the undocumented labor 
market.  Debt bondage was the most common form of control 
employers exerted over victims, regardless of whether the 
victim was employed in licit or illicit activities. 
Information from the Royal Malaysian Police, Catholic Church, 
and the NGO Tenaganita indicated organized syndicates 
represented the bulk of traffickers (reftels E and G). 
Exploiters ranged from large plantations and factories to 
 
entertainment centers and karaoke bars to families exploiting 
domestic workers.  The RMP reported that a number of large 
organized criminal syndicates, as well as a few smaller 
groups, trafficked foreign women into Malaysia, using 
Malaysia either as the women's final destination or as a 
transit point to a third country.  The syndicates sometimes 
used employment agencies as fronts for both people smuggling 
and trafficking in persons.  Sex tourism was not common in 
Malaysia though there were reports of sex tourism on the 
Malaysian island of Labuan, off the coast of Borneo (reftel 
F).  There were a few reports of marriage brokers selling 
Vietnamese and Chinese women to Malaysian men, but such 
incidents appeared limited in number. 
 
¶C.  (SBU) The newly formed National Council for 
Anti-trafficking in Persons is made up of government agencies 
with a role in combating trafficking as mandated in the new 
anti-TIP law (reftels D, I, and J).  The Ministry of Internal 
Security is the lead ministry regarding trafficking and the 
Secretary General of the Ministry chairs the Council.  Other 
 
SIPDIS 
agencies with representation on the Council are: Ministry of 
Foreign Affairs; Ministry of Home Affairs; Ministry of Women, 
Family, and Community Development; Ministry of Human 
Resources; Ministry of Transport; Ministry of Information; 
the Attorney General's Office; the Royal Malaysian Police; 
the Department of Immigration; the Department of Customs; and 
the Malaysian Maritime Enforcement Agency.  Malaysia's Human 
Rights Commission (SUHAKAM) also sits on the Council. 
 
¶D.  (SBU) The police conducted internal training regimes to 
build capacity to address identified gaps in capabilities, 
which included identifying trafficking victims, evidence 
collection and management, and interagency and international 
coordination (reftels G and H).  The RMP worked with the 
United States, France, and Australia to develop training 
programs.  The Women's Ministry lacked practical experience 
assisting trafficking victims and organized training for 
Ministry officers, tapped as trafficking victim protection 
officers, and personnel tasked to operate trafficking 
victims' shelters (reftel D).  Low-level corruption remained 
a secondary issue in stemming the flow of trafficking 
victims.  The RMP instituted a proactive anti-corruption 
campaign to combat low-level corruption.  Low-level 
immigration officials and police "beat cops" were among 
Malaysia's lowest paid public servants, making them 
vulnerable to corruption. 
 
¶E.  (SBU) The GOM did not maintain specific statistics for 
trafficking in persons.  The RMP and Immigration Department 
provided anecdotal reports on trafficking victims rescued but 
had little or no data to share on actual trafficking victims. 
 Two local NGOs, Tenaganita and the Women's Aid Organization 
(WAO), and the Embassies of Thailand, Indonesia, and the 
Philippines reported the RMP referred over 300 suspected 
victims of trafficking to their respective missions in 2007. 
At least 25 women, all Indonesians employed as domestic 
workers, were underage when brought to Malaysia.  In each 
case, they used authentic Indonesian passports, provided by 
recruiters, with false biographical data listing all of the 
girls as 25 years old. 
 
¶4.  INVESTIGATION AND PROSECUTION OF TRAFFICKERS (PARA 28) 
--------------------------------------------- ----------- 
 
¶A.  (SBU)  In this reporting period, the GOM completed 
drafting and passed the comprehensive Anti-trafficking in 
Persons Act (Act 670), gazetted on July 26, 2007 (reftels I 
and J).  The law includes provisions for both trafficking in 
persons for sexual and non-sexual exploitation.  The law's 
scope encompasses offenses that took place both in and out of 
Malaysia.  The law is applicable if Malaysia is the receiving 
country or exploitation occurs in Malaysia.  The law also 
includes cases when the receiving country is a foreign 
country, but the trafficking victim started in or transited 
through Malaysia.  The law includes extension of the Act to 
extra-territorial offenses including on ships and aircraft 
registered in Malaysia and Malaysian citizens and permanent 
residents outside and beyond the limits of Malaysia 
 
benefiting from the exploitation of trafficking victims.  The 
law states it is the prevailing law regarding trafficking in 
persons and supersedes conflicting or inconsistent provisions 
of other written laws. 
 
(SBU) Since gazetting the law in July 2007, the GOM brought 
the anti-TIP Act into force in a step-by-step process.  On 
February 28, 2008, the GOM issued three necessary 
"notifications of legislative supplements," essentially 
administrative notifications that put all sections of the law 
into force, according to the Attorney General's Office.  The 
notifications were legal preconditions for Malaysian police 
and prosecutors to take law enforcement actions under the 
anti-TIP law (as well as open shelters for victims, see 
below). 
 
(SBU) The law's definitions of trafficking include both 
trafficking of persons and trafficking of children for the 
purpose of exploitation.  If persons convicted of trafficking 
also used threats, coercion, abduction, fraud, deception, 
abuse of power, etc., the law provides for lengthier prison 
sentences.  The law includes provisions for punishing persons 
profiting from the exploitation of trafficking victims. 
 
(SBU) Malaysia has other laws that can criminalize 
trafficking or elements of trafficking.  The following is a 
summary of the legal provisions that authorities could use in 
Malaysia against traffickers in addition to the new 
comprehensive anti-TIP law. 
 
-- Constitution, Articles 6(1) and 6(2): Prohibit slavery and 
forced labor. 
 
-- Penal Code, Sections 340-348: Address "wrongful 
confinement" of a person against his/her will.  Punishments 
include maximum prison terms from one to three years and a 
fine. 
 
-- Penal Code, Section 372: Amended in 2002 to include 
stronger anti-trafficking language, addresses exploitation of 
any person for purposes of prostitution.  Exploitation is 
defined to include selling, hiring, or otherwise obtaining 
possession of any person with the intention to employ or use 
the person for the purpose of prostitution (either inside or 
outside of Malaysia) or knowing or having reason to believe 
that the person will be so employed or used.  Section 372 
expands the offense of exploitation to include using false 
pretense or deceitful means to bring into or take out of 
Malaysia any person; harboring or receiving any (exploited) 
person and wrongfully restraining any person in any place. 
Wrongfully restraining is further defined as withholding 
clothing or property, threatening the person with legal 
proceedings to recover any debt or alleged debt, and 
detaining a person's identity card or passport.  Punishment 
under this section of the Code includes a prison term, which 
may extend to 15 years, caning and a fine. 
 
-- Penal Code, Section 372A: Provides the same penalties as 
section 372 for anyone who lives wholly or in part on the 
earnings of the prostitution of another person. 
 
-- Penal Code, Section 373: Provides the same penalties as 
section 372 for anyone who keeps, manages, or assists in the 
management of a brothel. 
 
-- Penal Code, Section 374: Addresses unlawful compulsory 
labor and includes punishment by imprisonment for a maximum 
one-year term and the possibility of a fine. 
 
-- Immigration Act, Sections 55(A) and Sections 56(1)(d): 
Covers a wide spectrum of immigration violations related to 
illegal entry or entry under false pretenses.  The Act also 
addresses "employing" and "conveying" illegal aliens.  The 
Act was amended in 2002 to toughen significantly punishments 
for immigration violators.  Those convicted of illegal entry 
face a fine of up to MYR 10,000 (USD 3,125) (USD 1 = MYR 3.2) 
and/or a prison sentence of up to five years, and caning of 
up to a maximum of six strokes.  The penalty for employing an 
 
illegal alien is a fine of between MYR 10,000-50,000 (USD 
3,125-15,625) for every illegal immigrant employed and/or a 
prison term of up to 12 months.  An employer employing more 
than five illegal immigrants will be imprisoned from six 
months to five years and caned up to a maximum of six 
strokes.  The penalty for "conveying" (trafficking) illegal 
immigrants is a fine of MYR 10,000-50,000 (USD 3,125-15,625) 
for every individual trafficked.  An individual convicted for 
trafficking more than five illegal immigrants will also be 
imprisoned for between six months and five years, and caned 
up to a maximum of six strokes. 
 
-- Child Act (2001): Merges provisions from an array of 
diverse legislation pertaining to children and young persons 
(the Women and Girls Protection Act, the Juvenile Court Act, 
and the Child protection Act) into one law.  The Act 
specifically prohibits trafficking of children and makes it 
an offense to sell, let to hire, or procure (by threat or 
intimidation by false pretense, fraud, or deceit) any child 
(defined as anyone under the age of 18) for the purpose of 
sexual exploitation.  Penalties for these offenses are a 
maximum prison term of 15 years and a maximum fine of MYR 
50,000 (USD 15,625).  The Child Act also authorizes the 
police to provide protection and rehabilitation for children 
in need.  A child in need is defined to include a child who 
"is being induced to perform any sexual act, or being in any 
physical or social environment which may lead to the 
performance of such act". 
 
-- Passports Act: Criminalizes the forgery or alteration of 
travel documents (including passports, residence permits, and 
visas).  Also criminalizes false statements or 
misrepresentation used to gain illegal entry into Malaysia. 
Penalties range from MYR 10,000-100,000 (USD 3,125-31,250) 
fine, 5-10 years in prison, and six strokes of a cane. 
Section 12(1)(f) of the Passports Act also criminalizes the 
unlawful possession of another persons passport; the penalty 
for which is a fine not exceeding MYR 10,000 and/or 
imprisonment not exceeding five years. 
 
Preventive Laws: 
 
-- The Emergency (Public Order and Prevention of Crime) 
Ordinance (EO): Used against persons, usually criminal 
syndicates that are involved in illicit activities (such as 
violent crime, document forgery and people smuggling), which 
threaten public order. 
 
-- Restricted Residence Act (RRA): Allows the government to 
require individuals who are suspected of engaging in criminal 
activity including trafficking to move to a pre-determined 
location in the country and remain there under close police 
supervision.  The RRA does not require a formal charge to be 
filed against the suspected individual. 
 
¶B.  (SBU) The new comprehensive anti-TIP law does not 
distinguish between trafficking for sexual and non-sexual 
exploitation.  In both cases, the law includes the same 
guidelines for imprisonment and fines.  The Attorney 
General's office did not convict anyone specifically for 
trafficking in persons for sexual exploitation, but detained 
34 suspected traffickers under RRA and 21 suspected 
traffickers under EO in 2007.  The 55 suspected traffickers 
were allegedly involved with trafficking for sexual 
exploitation. 
 
¶C.  (SBU) If convicted of trafficking in persons under the 
new anti-TIP law, a person is subject to a maximum sentence 
of 15 years and a fine.  For cases involving coercion, fraud, 
deception and cases of child trafficking, the maximum 
sentence is 20 years and fine.  Profiting from the 
exploitation of a trafficking victim carries a maximum 
sentence of 15 years and a fine of ranging from MYR 50,000 - 
150,000 (USD 15,625 - 46,875).  The law makes inadmissible 
and irrelevant prior consent of the trafficking victim and 
past sexual behavior. 
 
¶D.  (SBU) The prescribed penalties for rape include a maximum 
 
sentence of 20 years and caning.  If the woman is hurt, "put 
in fear of death," is under 16 years of age, pregnant, or a 
victim of incest, the maximum sentence is 30 years and 
caning.  If the victim dies, the sentence is 15-30 years and 
a minimum caning of ten strokes.  Under Malaysian law, rape 
is a crime of a man against a woman.  Rape between men is 
covered under a different section of the law with sentence 
guidelines of 5-20 years imprisonment and caning. 
 
¶E.  (SBU) Federal law criminalizes profiting from 
prostitution and bans pornography.  The law also criminalizes 
the act of prostitution by foreigners.  Although not widely 
enforced, under Malaysia's dual legal system incorporating 
shari'a courts, Muslims are subject to Islamic laws 
prohibiting khalwat, or "close proximity", between men and 
women who are not married to each other.  Punishments varied 
from state to state, usually included a fine and jail 
sentence, but in most cases were settled with a warning and 
did not involve selling of sexual services.  Under federal 
criminal law, solicitation and operating and/or owning a 
brothel are criminal offenses.  These laws were enforced. 
Child prostitution is not legal. 
 
¶F.  (SBU) The GOM formally brought into force the law 
enforcement provisions of the anti-TIP Act as of February 28, 
2008, according to the Attorney General's Office (see above). 
 Pending this step, the GOM did not prosecute traffickers 
under the new anti-TIP law.  The GOM took other legal actions 
against traffickers and the RMP had several pending 
investigations into TIP rings as of late February.  On 
November 23, 2007, a Malaysian court convicted a 32-year old, 
HIV positive Malaysian citizen for procuring a 14-year-old 
girl for sex.  He received a sentence of 43 years in jail, 20 
strokes of the cane, and fined MYR 50,000 ($15,625).  Police 
arrested a couple in Sabah on January 26, 2008 for holding 
seven Filipina women to work as prostitutes.  The couple 
recruited the seven women with promises of jobs as 
waitresses.  The couple remained in detention and the case 
remained under investigation at the end of February. 
 
(SBU) The RMP reported it actively investigated cases of 
trafficking involving victims of commercial sexual 
exploitation.  Police efforts to break criminal syndicates 
were complicated by layers of intermediaries, some of whom 
reside outside Malaysia.  Often trafficking victims, both 
Malaysians who have gone abroad and foreigners brought to 
Malaysia, may only know one intermediary, who is probably 
using a false identity.  In investigating cases of 
trafficking, police investigators attempted to question 
repatriated Malaysian victims as soon as they returned, but 
the victims usually could not or refused to provide enough 
information to assist the investigation.  In some cases, 
rescued victims feared retaliation by the traffickers.  In 
other cases, such as the rescue of four Filipina women 
trafficked into prostitution in November 2007, the women 
preferred to assist police in their countries of origin. 
 
(SBU) Some of the investigations involved raids to rescue 
trafficking victims.  A recent raid, in January 2008, rescued 
34 suspected trafficking victims hidden in a false room 
within a hotel.  The RMP were actively pursuing leads 
resulting from the rescue/raid at the end of the reporting 
period. 
 
(SBU) According to Malaysia's Director of Immigration 
Enforcement, the government did not prosecute employers who 
confiscated passports of migrant workers although 
confiscation of passports is in violation of Section 12(1)(f) 
of the Passports Act.  It was common practice for the wages 
of the employee to be held in "escrow" until completion of a 
contract and widely accepted by homeowners employing a 
domestic servant, plantation owners, or small factory owners 
employing migrant laborers.  Police did not charge most bona 
fide traffickers, but jailed them under preventive laws. 
This was consistent with law enforcement actions taken 
against terrorists, narcotics traffickers, and perpetrators 
of other complex criminal conspiracies.  Generally, 
authorities charged petty pimps under the penal code.  The 
 
chief of the RMP's vice squad did not see any end to the use 
of preventive laws in tackling trafficking issues, even with 
a new anti-trafficking law, due to the difficulties in 
collecting evidence necessary to bring proper convictions. 
 
¶G.  (SBU) The GOM provided specialized training to government 
personnel with responsibilities to combat trafficking under 
the new law.  The Women's Ministry conducted a series of 
training events to build capacity for its new trafficking 
victims protection officers.  The RMP also conducted various 
training events, both internal and training assisted by the 
U.S. Department of Justice's International Criminal 
Investigative Training Assistance Program (ICITAP) and the 
governments of Australia and France.  The RMP participated in 
two workshops sponsored by ICITAP in co-operation with the 
French government.  The RMP co-hosted one of the workshops in 
the east Malaysian state of Sarawak.  In November, an ICITAP 
instructor met with senior RMP officials to discuss the basic 
elements of the new anti-TIP law and to share experiences 
from other regional countries' efforts to confront 
trafficking.  The government sponsored or co-sponsored a 
number of conferences and workshops aimed at developing 
implementation guidelines for the new anti-TIP law, 
formulating strategies aimed at preventing trafficking.  Both 
Tenaganita and SUHAKAM presented a series of workshops to 
government representatives on TIP throughout the year.  The 
Malaysian Armed Forces received TIP awareness training prior 
to peacekeeping deployments. 
 
¶H. (SBU) Malaysia, the Philippines, Indonesia, Cambodia, 
Brunei and Thailand used the guidelines of the multilateral 
"Agreement on Information Exchange and the Establishment of 
Communication Procedures" as a framework for cooperation on 
border and security incidents, transnational crimes 
(including trafficking in persons), and other illegal 
activities.  Malaysia was an active partner in the "Bali 
Process," a regional mechanism to combat people smuggling and 
human trafficking initiated by Australia and Indonesia. 
 
(SBU) Additionally, Malaysia shared intelligence on 
trafficking syndicates with the United Kingdom, Australia, 
and Interpol.  The Sabah state government maintained an 
agreement with the government of the Indonesian province of 
East Kalimantan to cooperate on a range of shared 
cross-border challenges, including finding and arresting 
human traffickers and dismantling syndicates. 
 
¶I.  (SBU) There were no extraditions of Malaysian nationals 
for trafficking offenses in 2007.  Section 108A of the Penal 
Code allows Malaysian authorities to prosecute a Malaysian 
who commits or abets a crime in another country that would be 
deemed an offense under the Penal Code.  Malaysia is a party 
to the ASEAN Mutual Legal Assistance Treaty, which is 
designed to facilitate and expedite regional cooperation in 
fighting transnational crime.  Malaysian law does not 
prohibit extradition of Malaysian nationals.  The Philippines 
and Indonesian Embassies reported that the RMP cooperated 
with them on anti-trafficking law enforcement matters. 
 
¶J.  (SBU) There were no substantiated reports of direct 
government involvement in trafficking of persons at either 
the local or institutional level.  Senior RMP officials and 
NGOs reported local police and immigration authorities often 
lacked the awareness and skills to identify trafficking 
victims trapped in prostitution or situations of forced 
labor.  The RMP developed new procedures to increase police 
officers' abilities to identify trafficking victims. 
 
¶K.  (SBU) No government officials were implicated, arrested, 
or tried for involvement in the trafficking in persons or 
corruption related to trafficking in persons. 
 
¶L.  (SBU) All troops assigned to peacekeeping missions 
received training on trafficking in persons at Malaysia's 
Peacekeeping Training Center at Port Dickson.  There were no 
allegations that Malaysian servicemembers were involved in 
TIP or exploited trafficking victims. 
 
¶M.  (SBU) Malaysia did not have an identified child sex 
tourism problem, although there were known instances of 
victims under 18 years of age that were trafficked for sexual 
exploitation. 
 
¶5.  PROTECTION AND ASSISTANCE TO VICTIMS (PARA 29) 
--------------------------------------------- ----- 
 
A/B/C.  (SBU) The RMP referred over 200 suspected trafficking 
victims to NGO and embassy operated shelters.  The government 
prepared, but did not open two designated trafficking 
victims' shelters during the reporting period.  The GOM did 
not release budgetary information regarding the two shelters. 
 Some suspected trafficking victims continued to be housed at 
immigration detention centers, pending repatriation, but were 
not charged under immigration or other possible violations. 
There was no information available regarding funding and 
assistance the GOM provided to trafficking victims and to 
NGOs involved in combating trafficking. 
 
¶D.  (SBU) The Royal Malaysian Police instituted an informal 
referral process referring known victims to their respective 
embassies and the Tenaganita TIP shelter.  Police also 
delivered some suspected TIP victims to immigration detention 
centers.  The RMP and the National Council were developing 
procedures for identifying victims of trafficking and a 
formal system for referring known victims to appropriate care 
facilities. 
 
¶E.  (SBU) N/A 
 
¶F.  (SBU) Potential victims continued to be charged for 
prostitution and immigration charges.  If victims were not 
identified, they were often fined and later deported as 
illegal immigrants. 
 
¶G.  (SBU) The Malaysian government encouraged victims to 
assist in the investigation and prosecution of traffickers, 
but reported that most victims were unwilling to testify or 
did not have sufficient information to assist in a 
prosecution.  A trafficking victim may file a civil suit 
against a trafficker under Malaysian law.  Many migrant 
workers filed civil suits against employers that did not pay 
them the salary promised or forced them to work in abusive 
conditions.  While there were no specific impediments to the 
victims' access to such legal redress, they usually were not 
allowed to obtain employment while the court considered their 
cases.  Thus, for economic reasons victims usually did not 
pursue this type of action.  Victims who were material 
witnesses in court cases against former employers were also 
required to remain in the country until the case was 
concluded.  Most victims were unwilling or unable to wait for 
justice, and returned home without their cases coming to 
trial.  There were no government restitution programs for 
victims during the reporting period. 
 
¶H.  (SBU) The GOM referred over 200 victims to shelters, 
operated by NGOs and embassies, during the reporting period. 
Pending opening of the shelters established by the new 
anti-TIP law, the GOM did not provide shelter or housing 
benefits.  In some cases, child victims were referred to 
their embassies for repatriation.  One of the two 
government-funded trafficking victims' shelters was 
designated for children and has a capacity for 45 
individuals.  Immigration authorities did not use a formal 
system to screen detained foreign prostitutes for 
identification as trafficking victims.  Instead, immigration 
officials processed them for the quickest possible 
deportation.  In some cases, especially those involving 
deportation over land borders such as along the 
Malaysian-Indonesian border on Borneo, this made trafficking 
victims vulnerable to traffickers operating near the border. 
 
¶I.  (SBU) Protection officers from the Women's Ministry 
received specialized training for assisting trafficking 
victims (reftel D).  The RMP also initiated training on 
trafficking victim identification.  Information was not 
available regarding specialized training for assisting child 
 
victims.  GOM did not provide training to its embassies and 
consulates located in destination and transit countries. 
 
¶J.  (SBU) Repatriated Malaysian victims who did not have the 
support of family or friends were referred to the Women's 
Ministry for public assistance.  The welfare wing of a 
political party, the Malaysian Chinese Association (MCA), 
also offered services to repatriated victims. 
 
¶K.  (SBU) Tenaganita offered comprehensive services to TIP 
victims.  Tenaganita worked with the RMP, various 
international organizations, including the International 
Organization for Migration and the United Nations High 
Commission for Refugees, as well as with other foreign NGOs 
to combat labor and sex trafficking throughout Malaysia. 
Previously, Tenaganita received funding from G/PRM to operate 
their shelter for TIP victims.  Tenaganita's shelter can 
house up to 25 women.  Most victims remained at the shelter 
for an average of three months.  Tenaganita provided 
counseling, medical assistance and language training to 
foreign and domestic victims of trafficking.  The NGO Women's 
Aid Organization (WAO) used its domestic violence shelter to 
house eight trafficking victims during the reporting period. 
WAO provided counseling services and assisted the RMP 
interview victims.  The Malaysian Bar Council and the 
International Federation of Women Lawyers (IFWL) continued to 
provide pro bono legal assistance to victims of trafficking. 
 
¶6.  PREVENTION (PARA 30) 
------------------------- 
 
¶A.  (SBU) The GOM acknowledged that trafficking is a problem 
and senior Malaysian leaders spoke publicly about the need 
for action.  When the Anti-TIP law was first tabled in 
parliament, Minister in the Prime Minister's Office Nazri 
Aziz said, "This law will address concerns raised about human 
trafficking and arm enforcement agencies with the tools to 
fight it."  Commenting on the drafting of the new 
comprehensive anti-TIP law, Prime Minister Abdullah Badawi 
said, "We do whatever we can to curb human trafficking and 
that is why we decided to have that bill."  He added that the 
severity of the penalties and punishment for human 
traffickers in the law reflected the government's will to see 
the crime stopped.  Secretary General for the Ministry of 
Home Affairs Aseh Che Mat publicly stated that the issues of 
abused and unpaid maids needed to be addressed and properly 
handled.  SUHAKAM Commissioner N. Siva stated, "We need 
co-operation from non-governmental organizations, government 
agencies and other instruments in neighboring countries to 
curb this organized trans-national crime."  On January 11, 
2008, Prime Minister Abdullah Badawi and Indonesian President 
Yudhoyono issued a joint statement that reiterated their 
countries' stance that TIP was a crime against humanity and 
restated the commitment of both leaders' to work together to 
combat trafficking. 
 
¶B.  (SBU)  The GOM did not sponsor anti-trafficking 
information or education campaigns during the reporting 
period. 
 
¶C.  (SBU)  Government agencies worked closely with NGOs, 
civil society organizations, and international organizations 
on TIP during the reporting cycle.  The GOM collaborated with 
SUHAKAM during the drafting of the national action plan. 
SUHAKAM was the lead agency during the drafting of the plan, 
which was presented to the Ministry of Internal Security in 
December 2007 for adoption and implementation (reftel D). 
Police worked with Tenaganita and the Catholic Church to 
shelter and assist repatriating rescued trafficking victims 
to their countries of origin.  Police cooperation with the 
Catholic Church provided an international network capable of 
linking rescued victims with NGOs and civil society 
organizations in their countries of origin.  Tenaganita 
worked with police in assisting over 100 rescued TIP victims 
during the reporting period. 
 
D.(SBU) As part of the new comprehensive anti-TIP law, the 
National Council, law enforcement agencies, and, the Women's 
 
Ministry established working groups to develop and implement 
new TIP monitoring procedures.  The Department of Immigration 
began to deploy a new biometric system intended for all 
border entry points to screen individuals for prior entry 
into Malaysia.  This system also guarded against entry under 
assumed identities, which traffickers often used when 
bringing victims through border crossings.  Additionally, the 
biometric system guarded against traffickers attempts to 
re-traffic a previous trafficking victim to Malaysia. 
 
¶E.  (SBU) The National Council for Combating Trafficking is 
the formal interagency group, formed under the new anti-TIP 
law.  The Council met three times during the reporting period 
to address initial implementation of the new law.  The 
Council established three committees, Law Enforcement, 
Protection, and Legislative, to develop new operating 
procedures and deal with specific issues, identified as 
necessary for the implementation and enforcement of the new 
anti-TIP law.  The Anti-Corruption Agency (ACA) is 
responsible for investigating alleged public corruption. 
 
¶F.  (SBU)  SUHAKAM drafted the GOM's national action plan. 
The plan addressed four main components, 1) prevention and 
awareness, 2) victim protection, care, and support, 3) 
legislative framework and policy development, and 4) law 
enforcement.  SUHAKAM consulted with local NGOs during its 
initial drafting of the action plan.  During the final 
drafting, SUHAKAM representatives joined a working group led 
by the Ministry of Internal Security to finalize the draft 
before the action plan was presented for adoption to the 
Ministry of Internal Security in December 2007. 
 
¶G.  (SBU) The RMP conducted multiple police investigations 
and raids during the reporting cycle.  Police targeted raids 
on venues used as fronts for brothels, such as karaoke bars, 
hotels, spas, etc. 
 
(SBU) In January 2008, Mohamed Ishak, Director General for 
Enforcement in the Department of Immigration, issued a public 
warning to potential employers of foreign workers.  He said 
employers could be charged under the new anti-TIP law for 
cases involving abuse and exploitation of foreign workers. 
The Department of Immigration began issuing to foreign 
students and workers new identification cards to use in lieu 
of passports to show legal status in Malaysia.  Director 
General of Immigration Wahid stated the card gave a possible 
trafficking victim a greater chance to escape abusive 
employment without the fear of being mistaken for an illegal 
immigrant (reftel D). 
 
¶I.  (SBU) All Malaysian troops assigned to peacekeeping 
missions attended specialized training at the Peacekeeping 
Training Center in Port Dickson, Malaysia.  Training included 
embedded modules on trafficking in persons.  No charges or 
allegations of misconduct were filed against Malaysian 
servicemembers during the reporting period. 
 
¶7.  NOMINATION OF HEROES & BEST PRACTICES (PARAS 31 & 32) 
--------------------------------------------- ------------- 
 
(SBU) Post submits as best practices Sections 16 and 17 of 
Malaysia's comprehensive Anti-trafficking in Persons Act 
¶2007.  Section 16 states that a trafficker cannot use as a 
defense that the victim consented to the act of trafficking 
in persons.  Section 17 states that the past sexual behavior 
of a trafficking victim is irrelevant and inadmissible for 
proving the trafficked person was engaged in other sexual 
behavior or to prove the trafficked person's sexual 
predisposition.  These two sections of the new law will 
strengthen law enforcement cases against traffickers and 
protect a trafficking victim from potential humiliation and 
re-victimizing on the witness stand.  Dr. Mohamed Mattar, an 
internationally recognized expert on TIP legislation from 
Johns Hopkins University, identified these two sections of 
Malaysia's law and highlighted them during discussions with 
GOM representatives (reftel D).  Post provided the full text 
of Malaysia's comprehensive anti-trafficking law to G/TIP and 
EAP. 
 
 
KEITH