VZCZCXRO9644
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHKL #0955/01 3050248
ZNR UUUUU ZZH
P 310248Z OCT 08
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 1833
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RHHMUNA/CDR USPACOM HONOLULU HI PRIORITY

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 000955 
 
SENSITIVE 
SIPDIS 
 
FOR EAP/MTS, EAP/RSP, AND G/TIP 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KTIP MY
SUBJECT: MALAYSIA'S NEW ANTI-TRAFFICKING SECRETARIAT 
 
REF: A. KUALA LUMPUR 940 -- FINNISH COMPANY ASSISTS 
        VICTIMS 
     ¶B. KUALA LUMPUR 934 -- AMBASSADOR'S LETTERS 
     ¶C. KUALA LUMPUR 880 -- POST DELIVERS ACTION PLAN 
     ¶D. STATE 99723 -- TIP ACTION PLAN 
     ¶E. KUALA LUMPUR 495 -- BURMESE ALLEGE BEING 
        TRAFFICKED 
     ¶F. KUALA LUMPUR 448 -- AMBASSADOR MEETS WOMEN'S 
        MINISTER 
     ¶G. KUALA LUMPUR 422 -- ACCUSED TRAFFICKER CHARGED 
     ¶H. KUALA LUMPUR 212 -- GOM SHELTERS TIP VICTIMS 
     ¶I. KUALA LUMPUR 147 -- MALAYSIA TIP REPORT 
 
 Summary and Comment 
------------------- 
 
¶1.  (SBU) Polcouns and Poloff met with Malaysian officials 
leading the newly established anti-trafficking in persons 
(TIP) Secretariat, located in the Home Ministry, on October 
¶23.  Polcouns reviewed U.S. recommendations for anti-TIP 
measures in Malaysia, outlined the 2008 U.S. TIP report 
process, and highlighted concerns over reported trafficking 
of refugees and forced labor.  The Secretariat officials 
noted difficulties in victim identification and limited law 
enforcement skills as challenges in combating TIP.  The 
officials informed us of four trafficking prosecutions 
currently in the courts, the formation of a police anti-TIP 
task force, and several TIP training initiatives, including a 
regional workshop hosted by Malaysia. 
 
¶2.  (SBU) Comment:  Malaysia's TIP Secretariat is at a 
nascent stage.  In theory, in the future it could play a 
vital role in disseminating TIP information across multiple 
agencies, identifying needed training and technical 
assistance, and generating policy recommendations for the 
national Council for Anti-Trafficking.  We found the 
Secretariat's small staff keenly aware of Malaysia's tier 
ranking in the U.S. TIP report and open at this point to 
further engagement with the Embassy.  We should seek 
meaningful ways to support the Secretariat's engagement on 
TIP, including through information-sharing and technical 
assistance.  End Comment. 
 
Home Ministry Establishes TIP Secretariat 
----------------------------------------- 
 
¶3.  (SBU) Polcouns and Poloff on October 23 called on 
officials leading the newly established anti-trafficking in 
persons Secretariat within Malaysia's Home Ministry, which 
has responsibility for coordinating the government's anti-TIP 
efforts.  Under Secretary Ahmad Ismail, who heads the 
Secretariat, and his deputy Haslinda Mohamad Tajudin informed 
us that the office has been authorized 27 personnel 
(professional and clerical), with one third of the slots 
filled since the Secretariat became operational in September. 
 The Secretariat's organization supports the national Council 
for Anti-Trafficking in Persons, and its three committees 
(Legislative, Enforcement, and Protection and 
Rehabilitation).  The creation of the Secretariat fulfills 
one requirement in the 2007 Anti-TIP Act, which came into 
full force at the end of February 2008 (ref I). 
 
Polcouns Highlights TIP Concerns 
-------------------------------- 
 
¶4.  (SBU) During the 90-minute meeting, PolCouns highlighted 
U.S. and international attention to trafficking crimes in 
Malaysia, the Malaysian government's efforts to combat TIP, 
and our interest in coordinating with the Secretariat. 
Polcouns reviewed U.S. recommendations for anti-TIP measures 
in Malaysia ("the action plan"), including the importance of 
law enforcement actions, and outlined the 2008 U.S. TIP 
report process, which post delivered to the Foreign Ministry 
on September 24, and subsequently to other ministries (ref 
C).  Polcouns raised concerns regarding allegations of 
Immigration Officers involved in the trafficking of Burmese 
refugees (ref E), noting the Ambassador's recent letter to 
the Home Minister and Foreign Minister on this matter (ref 
B), and U.S. congressional attention.  He stated the USG 
would welcome and view positively proactive steps by the GOM 
to address this issue.  Ahmad stated he was aware of the 
allegations of trafficking of refugees and appreciated the 
additional information, and indicated the government was 
reviewing the allegations and courses of action.  PolCouns 
also reiterated the Ambassador's interest in visiting the 
Women's Ministry TIP victims' shelters (ref F and H). 
 
¶5.  (SBU) Polcouns raised the issue of labor trafficking, 
noting several high-profile cases (ref A).  Polcouns 
 
KUALA LUMP 00000955  002 OF 002 
 
 
reiterated concerns over the confiscation of foreign workers' 
passports as a practice that renders migrant workers more 
vulnerable to trafficking.  Ahmad replied this was a "normal" 
practice in Malaysia and that the GOM had agreements with 
Indonesia allowing employers to confiscate employee 
passports.  He also pointed out the Immigration Department's 
introduction of a new identity card for foreign workers and 
students.  The card would act as proof of legal status, allow 
workers to move freely within Malaysia without their 
passports, and thereby reduce their vulnerability to 
trafficking. 
 
U/S Ahmad Realistic in Assessing GOM Capabilities 
--------------------------------------------- ---- 
 
¶6.  (SBU) Ahmad openly discussed the challenges facing the 
GOM as it attempts to combat trafficking.  Identifying 
trafficking victims remained difficult for government 
officers.  Law enforcement agencies, which lack TIP 
experience, also faced challenges managing/investigating 
trafficking cases.  Ahmad emphasized the GOM's commitment to 
building capacity through various training events and 
engaging regional countries, which are often source 
countries, on best practices to confront TIP.  Ahmad noted 
the Secretariat's willingness to work with U.S. agencies to 
increase the GOM's capability to combat effectively TIP. 
 
¶7.  (SBU) Haslinda briefed us on recent GOM efforts to combat 
TIP.  Since the new TIP law went into force on February 28, 
2008, law enforcement officials rescued 54 suspected TIP 
victims; court officials confirmed eight as victims.  The GOM 
repatriated five of the eight while the remaining three 
remain as witnesses for pending prosecutions of the suspected 
traffickers.  She informed us that four trafficking cases 
were moving through the legal system while a fifth was 
delayed when the suspected traffickers absconded.  Haslinda 
noted challenges faced by authorities trying to identify and 
legally certify victims under the law, including magistrates 
not concurring with victim status and victims hesitant to be 
forthcoming with police and Women's Ministry protection 
officers.  To assist in court proceedings, the Registrar of 
the High Court recently produced and disseminated new 
guidelines to magistrates for dealing with TIP cases. 
 
Police Stand Up Task Force; New Shelter Planned 
--------------------------------------------- -- 
 
¶8.  (SBU) Haslinda informed us the police recently 
established a TIP task force (currently with a total of 10 
personnel).  She also confirmed GOM plans to open more TIP 
shelters, with Kota Kinabalu in Sabah, East Malaysia, as the 
likely location of the next shelter.  Haslinda stated the GOM 
was working with the Australian government on anti-TIP/people 
smuggling training.  The police conducted in-house training 
workshops and sponsored a regional consultation in Kuala 
Lumpur, which took place October 28-30.  Representatives from 
Singapore, Thailand, Indonesia, and the Asia Regional 
Trafficking in Persons project (ARTIP) attended the workshop 
as did representatives from key Malaysian agencies, such as 
the Women's Ministry and Attorney General's Office.  The 
event focused on trafficking for sexual exploitation. 
Embassy FSN political assistant attended the training at the 
invitation of the Malaysian police. 
 
KEITH