VZCZCXRO2437
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHKL #0200/01 0840523
ZNR UUUUU ZZH
P 240523Z MAR 08
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 0736
INFO RUCNASE/ASEAN MEMBER COLLECTIVE

UNCLAS SECTION 01 OF 03 KUALA LUMPUR 000200 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP/MTS, EAP/RSP AND G/TIP 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREL KCRM MY
SUBJECT: G/TIP REPORTING OFFICER VISITS MALAYSIA 
 
REF: A. KUALA LUMPUR 97 - MATTAR DISCUSSES NEW TIP LAW 
     ¶B. KUALA LUMPUR 52 - SEEK U.S. SPEAKERS ON TIP 
     ¶C. 07 KUALA LUMPUR 1731 - CATHOLIC CHURCH ANTI-TIP 
        EFFORTS 
     ¶D. 07 KUALA LUMPUR 1730 - TIP ACTION PLAN DELIVERED 
        TO MALAYSIA 
 
Summary 
------- 
 
¶1.  (SBU) G/TIP reporting officer Sally Neumann visited 
Malaysia from February 11-13, during which she met with 
Government of Malaysia (GOM) officials and representatives 
from civil society, including representatives from the 
Catholic Church in East Malaysia.  The meetings were 
fruitful, providing us with new information regarding the GOM 
and civil society's efforts to combat trafficking.  The new 
National Anti-trafficking Council and responsible government 
ministries are fully engaged in preparing to implement the 
law.  GOM officials emphasized combating TIP was a priority 
and provided examples of the efforts already taken by the 
GOM.  Neumann met with representatives from the Catholic 
Church in East Malaysia.  The Church continues to assist NGOs 
and diplomatic missions shelter and repatriate rescued TIP 
victims, including coordinating reception of victims by 
Church representatives in victims' home countries for 
follow-up assistance.  Neumann visited shelters run by the 
Indonesian Embassy and the local NGO, Women's Aid 
Organization (WAO).  Both admit trafficking victims to their 
shelters.  Neumann's visit illustrates GOM and civil society 
commitment to confront TIP in Malaysia.  Post will continue 
to pursue opportunities to work with civil society and GOM to 
advance on-going efforts to fight trafficking and implement 
the new anti-TIP law.  Subsequent to Neumann's visit, GOM put 
the anti-TIP law into force on February 28, including the 
opening of two government-operated TIP victims' shelters. 
End Summary. 
 
GOM Says TIP a Priority 
----------------------- 
 
¶2.  (SBU) On 12 February, Neumann met with representatives 
from the key ministries sitting on Malaysia's new National 
Anti-trafficking Council.  Undersecretary Bala Chandran from 
the Ministry of Foreign Affairs chaired the meeting; other 
ministries represented were the Women's Ministry, Ministry 
for Internal Security (MIS), Ministry for Home Affairs, 
Attorney General's Chambers, and the Royal Malaysian Police. 
Bala Chandran was very interested in USG views on trafficking 
for labor, specifically if we distinguished between labor 
trafficking and labor contract disputes.  He stated the GOM's 
position regarding migrant workers with contract problems was 
that such issues could often be resolved via labor dispute 
procedures rather than using the TIP law.  Neumann pointed 
out that the USG also recognized distinctions between labor 
dispute and trafficking, but that egregious cases of 
exploitation including debt bondage, contract switching, 
physical and sexual abuse, and involuntary servitude were 
criminally prosecuted in the U.S.  Neumann provided the 
members of the Anti-Trafficking Council copies of the USDOJ 
produced report on anti-trafficking efforts in the U.S. that 
included statistics and information concerning labor 
trafficking cases. 
 
¶3.  (SBU) Bala Chandran stated combating TIP is a priority 
for the GOM.  He pointed to the rapid drafting, adoption, and 
gazetting of Malaysia's new anti-TIP law within a span of 
less than six months.  Bala Chandran addressed the efforts 
the GOM undertook since the law's passage to implement it. 
He highlighted three meetings held by the newly formed 
National Anti-TIP Council, which is reviewing administrative 
procedures necessary for implementing the law.  The Council 
established three committees, covering legislation, law 
enforcement, and protection and prevention to address the 
specific requirements for each element of the new law.  The 
committees' responsibilities include developing standard 
operating procedures and processes.  Bala Chandran reported 
the committees are in the last stages of making the law 
operational.  He also reiterated GOM's intent to accede to 
the United Nation's Protocol to Prevent, Suppress, and Punish 
Trafficking in Persons, Especially Women and Children.  To 
this effect, the Ministry of Internal Security will deliver 
recommendations to the Cabinet recommending acceding to the 
protocols. 
 
¶4.  (SBU) Bala Chandran addressed the status of GOM's TIP 
victim shelters, indicating the Women's Ministry made major 
progress towards making the initial two shelters operational. 
 The Ministry's shelters both have a 45-person capacity, with 
one shelter designated for woman and the other for children. 
 
KUALA LUMP 00000200  002 OF 003 
 
 
The Women's Ministry announced it is planning six more 
shelters throughout Malaysia. (Note: The Anti-TIP law went 
into force on February 28, including the opening of two 
government-operated TIP victims' shelters. End note.) 
 
 
GOM uses penal code as a stopgap 
-------------------------------- 
 
¶5.  (SBU) Bala Chandran presented to Neumann various actions 
taken by GOM utilizing the penal code, Emergency Ordinance 
(EO), and Restrictive Residence Act (RR) to combat 
trafficking.  He said the Attorney General's Chambers uses 
the EO and RR to confine known and suspected traffickers when 
police and prosecutors lacked enough evidence for a 
conviction.  In 2007, GOM confined 55 traffickers under EO 
(21) and RR (34).  (Comment:  One of the Malaysian Royal 
Police's (RMP) major weakness is its low proficiency for 
collecting and managing evidence.  Often, both police and 
prosecutors depend on eyewitness testimony, rather than 
physical evidence, to win a conviction.  Post is working with 
the RMP to provide training that increases evidence 
collection and management skills.  End comment.) 
 
SUHAKAM Active on the National Council 
-------------------------------------- 
 
¶6.  (SBU) On 11 February, Neumann met with Rafidah binta 
Yahya, a Principal Assistant Secretary for Malaysia's Human 
Rights Commission, SUHAKAM.  During the meeting, Rafidah 
outlined SUHAKAM's role on the National Anti-TIP Council. 
SUHAKAM is the first of up to three NGOs that can sit as a 
full member on the council.  SUHAKAM developed the draft 
national action plan, which is being reviewed by the MIS for 
adoption.  As part a national campaign, SUHAKAM is developing 
methods to increase public awareness of trafficking and 
increase Malaysia's involvement with regional efforts to 
confront TIP.  She also informed Neumann about ongoing 
training efforts sponsored by SUHAKAM, such as workshops on 
trafficking and human rights for government agencies. 
Rafidah pointed out SUHAKAM's 2007 human rights report 
included trafficking for the first time. 
 
Meeting With Catholic Church in Sabah 
------------------------------------- 
 
¶7.  (SBU) On February 13, Neumann met with representatives of 
the Catholic Church in the East Malaysian state of Sabah. 
Leading the delegation was Dominic Lim, Coordinator for the 
Diocese's Human Development Committee and Sr. Josephine, 
Program Manager for the Sisters of the Good Shepherd.  The 
Good Shepherds regularly work with NGOs and diplomatic 
missions to assist victims during repatriation.  Sr. 
Josephine described how they provide temporary shelter for 
victims in Malaysia and coordinate with members of their 
order in the victim's home country to assist victims upon 
their return with a range of services, including shelter and 
counseling.  Dominic Lim is the point of contact for a G/TIP 
recommended project through the International Catholic 
Migration Commission covering Sabah and the Indonesia's West 
Kalimantan.  He discussed existing programs and strategies 
for increasing public awareness, including sponsoring the 
screening of TIP documentaries at private schools and other 
venues (reftel C). 
 
Shelter Visits 
-------------- 
 
¶8.  (SBU) Neumann visited shelters operated by the Indonesian 
Embassy and WAO on 11 February.  The Indonesian shelter, 
located on the Embassy's compound, recently completed a 
series of renovations.  The shelter's base capacity is 50 - 
70 persons.  When Neumann visited, there were 65 individuals, 
including two newborn babies, residing at the shelter.  The 
shelter's population includes abused domestic workers, 
trafficking victims, and other Indonesian citizens needing 
help.  Slamet Noegroho, Consular Officer for the Indonesian 
Embassy, explained lengths of stay varied for each person. 
For long-term cases, the embassy assists a person by 
providing jobs on the compound paying about $160 USD (500 
Ringgit) per month.  The facility is segregated from the 
public.  After the Embassy's public hours, shelter occupants 
have free access to the compound's grounds.  The Embassy's 
senior liaison officer with the RMP, Setyo Wasisto, stated 
the RMP sometimes refers possible TIP victims to them for 
admittance into the shelter.  Suspected TIP victims residing 
at the shelter during the visit included sexually exploited 
women and a minor aged 17 employed as a domestic worker. 
 
¶9.  (U) Neumann also visited a shelter run by WAO.  Its focus 
 
KUALA LUMP 00000200  003 OF 003 
 
 
is domestically battered women, but the shelter also accepts 
referred TIP victims.  Neumann met with WAO Executive 
Director, Ivy Josiah (an IVLP alumnus) who explained WAO's 
mission and goals.  In 2007, WAO provided shelter to eight 
domestic workers suspected to be TIP victims.  She gave 
Neumann a case summary of a current shelter resident from 
Thailand or Burma suspected to be a TIP victim.  She outlined 
the steps be made to identify the woman's home country and 
provide counseling. 
 
Comment 
------- 
 
¶9.  (SBU) Neumann's meetings with Malaysian officials and 
SUHAKAM provided a glimpse into the government's emerging 
efforts to combat trafficking.  The GOM is pursuing a 
methodical approach as it prepares to implement the new 
anti-TIP law, which the GOM announced was fully enforced as 
of February 28.  GOM agencies charged with implementing the 
TIP law recognize the gaps in technical expertise they have 
and are actively working to overcome them by seeking input 
from experts, reviewing international best practices, and 
seeing what neighboring countries like Thailand, Cambodia, 
and the Philippines are doing.  Following Dr. Mattar's 27 
January - 1 February program (reftel A), and Neumann's 
fruitful visit, 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 work with the Department to make the 
most of these opportunities. 
SHEAR