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PP RUEHCHI RUEHCN RUEHDT RUEHGH RUEHHM RUEHNH RUEHVC
DE RUEHKL #0102/01 0440930
ZNR UUUUU ZZH
P 130930Z FEB 09
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 2338
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEHOO/CHINA POSTS COLLECTIVE PRIORITY
RUEHKA/AMEMBASSY DHAKA PRIORITY 0417
RUEHIL/AMEMBASSY ISLAMABAD PRIORITY 0331
RUEHKT/AMEMBASSY KATHMANDU PRIORITY 0106
RUEHLO/AMEMBASSY LONDON PRIORITY 0580
RUEHNE/AMEMBASSY NEW DELHI PRIORITY 0869
RUEHFR/AMEMBASSY PARIS PRIORITY 0210
RHEFHLC/DEPT OF HOMELAND SECURITY WASHINGTON DC PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC PRIORITY
RUEHC/DEPT OF LABOR WASHINGTON DC PRIORITY
RUEATRS/DEPT OF TREASURY WASHINGTON DC PRIORITY

UNCLAS SECTION 01 OF 12 KUALA LUMPUR 000102 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR G/TIP, G-ACBLANK, INL, DRL, PRM, EAP/MTS, EAP/RSP 
STATE PASS FOR USAID 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV PREF ELAB SMIG KCRM KWMN KFRD KTIP
ASEC, XC, BG, CH, FR, IN, NP, PK, UK, MY 
SUBJECT: MALAYSIA'S NINTH ANNUAL TRAFFICKING IN PERSONS 
REPORT 
 
REF: A. STATE 5577 - ADDITIONAL GUIDANCE 
     ¶B. 08 STATE 132759 - PREPARING THE TIP REPORT 
     ¶C. KL 29 - MALAYSIA ENGAGED IN UPR PROCESS 
     ¶D. 08 KL 1073 - GOM SEEKS USG TIP EXPERTISE 
     ¶E. 08 KL 1060 - MAID'S ABUSER FOUND GUILTY 
     ¶F. 08 KL 1017 - INTERIM TIP ASSESSMENT 
     ¶G. 08 KL 1010 - DPM HEARS TIP CONCERNS 
     ¶H. 08 KL 955 - NEW TIP SECRETARIAT 
     ¶I. 08 KL 940 - FINNISH COMPANY ASSISTS FORCED LABOR 
        VICTIMS 
     ¶J. 08 KL 934 - AMBASSADOR'S LETTERS 
     ¶K. 08 KL 880 - TIP ACTION PLAN DELIVERED 
     ¶L. 08 KL 799 - STAFFDEL DISCUSSES TRAFFICKING OF 
        BURMESE 
     ¶M. 08 KL 786 - STAFFDEL LUSE ENGAGES PM'S OFFICE MFA 
     ¶N. 08 KL 653 - AMB MEETS HUMAN RESOURCE MINISTER 
     ¶O. 08 KL 495 - BURMESE ALLEGE TRAFFICKING AT BORDER 
     ¶P. 08 KL 460 - FORCED AND CHILD LABOR REPORT 
     ¶Q. 08 KL 448 - AMBASSADOR MEETS WOMEN'S MINISTER 
     ¶R. 08 KL 422 - ACCUSED TRAFFICKER CHARGED 
     ¶S. 08 KL 392 - AMBASSADOR MEETS WITH AG 
 
 ¶1.  (SBU) SUMMARY:  Malaysia made some progress in 
addressing the challenges associated with trafficking in 
persons during this reporting period, building incrementally 
on the advances it made last year.  Malaysia began 
implementing and enforcing its comprehensive anti-trafficking 
law, which went into full force on February 28, 2008.  The 
Malaysian government (GOM) took steps to build its capacity 
to combat TIP.  The GOM established an interagency national 
anti-trafficking council and supporting secretariat.  The 
Ministry for Women, Family, and Community Development 
(Women's Ministry) operated two TIP victim shelters, one for 
minors, and identified a third shelter scheduled to begin 
operating by mid-2009.  The Royal Malaysian Police (RMP) 
referred 98 suspected TIP victims to the government-operated 
shelters and hundreds more to the Philippines and Indonesian 
embassies and NGO operated shelters.  The Attorney General's 
Office charged seven suspected traffickers under the new law. 
 Malaysia convicted its first trafficker under the new law 
while the other trials continued.  Government agencies 
coordinated with local NGOs on some TIP cases.  Nevertheless, 
Malaysia did not comply with U.S. minimum standards.  The 
government has not sufficiently addressed credible 
allegations immigration officials are involved in the 
trafficking of mostly Burmese refugees to the Thai border 
area.  Malaysian law enforcement officials are investigating 
some labor trafficking cases, but has not yet made any 
arrests for labor trafficking.  The government has not 
developed or implemented procedures to identify victims of 
labor trafficking.  The government has not acted to end the 
common practice by Malaysian employers of confiscating 
migrant workers' passports.  End Summary 
 
¶2.  (U) Post's submission for the Ninth Annual Trafficking in 
Persons (TIP) Report for Malaysia follows.  Responses are 
keyed to paragraphs 27 - 30 of ref B.  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-1: 16 hours; FS-3: 80 
hours; FSN: 40 hours. 
 
¶3.  The Country's TIP Situation (PARA 23) 
----------------------------------------- 
 
¶A. (SBU) Multiple sources are available for information on 
trafficking in persons (TIP) in Malaysia.  Media coverage on 
trafficking in persons increased during the reporting period, 
including investigative reports on the trafficking of Burmese 
refugees and trafficking in East Malaysia.  Civil society 
organizations (CSO) and local and international NGOs, such as 
the Malaysian Bar Council, Tenaganita, and Boat People SOS, 
also provided post with information on TIP.  The government 
of Malaysia (GOM), primarily the Women's Ministry, Royal 
 
KUALA LUMP 00000102  002 OF 012 
 
 
Malaysian Police (RMP), and the Secretariat to the Council 
for Anti-trafficking in Persons (TIP Secretariat) provided 
post with information on GOM efforts to combat TIP (ref H). 
Post considers all these sources generally reliable.  The 
draft national action plan included using data collection to 
analyze the scale and nature of trafficking in Malaysia. 
 
¶B.  (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 commercial sexual 
exploitation.  The overwhelming majority of victims came to 
Malaysia seeking greater economic opportunities, but later 
found tQselves victimized either by their employers, 
employment agents, or traffickers who 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.  The internal trafficking of Malaysians, 
specifically women from indigenous groups and rural areas, 
for labor and commercial sexual exploitation occurred. 
Sources assisted or attempted to assist Malaysian citizens 
who were trafficked abroad including to Singapore, Hong Kong, 
France, and the United Kingdom.  There were no accurate 
statistics for the total number of trafficking victims in 
Malaysia.  Malaysia employed approximately 2.1 million 
documented migrant and according to local NGOs an estimated 
one million undocumented workers in 2008.  A significant 
number of migrant workers on plantations, construction sites, 
textile factories, and employed as domestic workers 
experienced restrictions on their movement, deceit and fraud 
concerning their wages, confiscation of their passports, and 
often were in debt bondage to agents or employers (ref. P). 
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.  There were no 
reliable statistics for the number of victims trafficked into 
prostitution, but the RMP, foreign embassies and NGOs 
reported over 400 female suspected trafficking victims were 
rescued from trafficking conditions in the commercial sex 
trade in 2008.  Approximately 20 percent of the trafficking 
victims sheltered and rescued by the GOM, NGOs, and foreign 
embassies were below the age of 18. 
 
¶C.  (SBU) 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.  NGOs 
reported employers often do not to pay foreign domestic 
workers for the first three to six months in order to recoup 
the costs charged by recruitment agencies.  Some workers were 
housed in factory owned residences and charged rent, which 
was deducted from their salaries. 
 
¶D.  (SBU) Burmese refugees are vulnerable to being 
trafficked.  Numerous credible sources allege immigration 
officials are involved in the trafficking of Burmese refugees 
held at Malaysian immigration detention centers (IDC) (ref. 
F, G, H, J-M, and O)  Indonesian, Vietnamese, Cambodian, 
Thai, and Filipina women are vulnerable to commercial sexual 
exploitation.  They are also vulnerable to labor 
exploitation, especially as domestic workers.  Indonesian, 
Vietnamese, and Bangladeshi men are vulnerable to labor 
trafficking.  Malaysians from rural communities and 
indigenous groups, such as the Orang Asli and Penan tribe, 
are vulnerable to both internal and external trafficking. 
Rural ethnic Indians working at plantations are vulnerable to 
debt-bondage and forced labor. 
 
¶E.  (SBU) Most trafficking victims in Malaysia were economic 
migrants seeking better wages than those available in their 
countries of origin.  We have no data to support the 
conclusion, but common sense suggests Indonesia as the 
dominant source of migrant labor to Malaysia was the source 
 
KUALA LUMP 00000102  003 OF 012 
 
 
of the greatest number of trafficking victims.  Post's 
interviews with trafficking victims revealed a common 
pattern.  Typically, an employment agent recruited the 
trafficking victim from his or her home village as 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 an official passport (with false data 
for underage girls, in cases we reviewed showing the girls' 
age as 25), an exit permit, and transportation from Indonesia 
to Malaysia. 
 
(SBU) Based on NGOs' reports, victims of trafficking, 
regardless of their origin, 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.  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.  We understand the pattern is, 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 
reportedly 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, Cambodia, and Vietnam. 
Information from the RMP, NGOs such as Tenaganita and the 
Migrant Workers Group indicated organized syndicates 
represented the bulk of traffickers.  Exploiters ranged from 
large plantations and factories to entertainment centers and 
karaoke bars to families exploiting domestic workers.  The 
RMP reported that two or more 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. 
 
¶4. GOM's Anti-TIP Efforts (Para 24) 
----------------------------------- 
 
¶A.  (U)  The government acknowledges TIP is a problem in the 
country.  The GOM drafted and passed a comprehensive anti-TIP 
law in 2007.  The law went into full force in March 2008.  In 
its submission for the Universal Periodic Review, the GOM 
placed primary responsibility for TIP in Malaysia on source 
countries and affirmed that the problem of TIP "can never be 
solved by the transit or destination state." 
 
¶B.  (SBU) The GOM's lead policy body on TIP issues in 
Malaysia is the National Council for Anti-trafficking in 
Persons is made up of government agencies with a role in 
combating trafficking as mandated in the anti-TIP law.  The 
Home Ministry is the coordinating ministry regarding 
trafficking and the Secretary General of the Ministry chairs 
the Council.  Other agencies with representation on the 
Council are: Ministry of Foreign Affairs; Ministry of Women, 
Family, and Community Development; Ministry of Human 
Resources; Ministry of Transport; Ministry of Information; 
the Attorney General's Office (AGO); the Royal Malaysian 
Police; the Department of Immigration; the Department of 
Customs; and the Malaysian Maritime Enforcement Agency.  Two 
NGOs, Malaysia's Human Rights Commission (SUHAKAM) and the 
National Women's Council, and a Malaysian university 
professor also sit on the Council.  The Home Affairs Ministry 
established the Secretariat to the Council of 
 
KUALA LUMP 00000102  004 OF 012 
 
 
Anti-trafficking in Persons (TIP Secretariat) to support and 
advise the council regarding combating TIP.  The council also 
established three committees, legislative, enforcement, and 
protection and rehabilitation, to oversee policy developments 
and reviews.  The RMP organized a TIP task force at its 
national headquarters as part of its plan to field local TIP 
task forces throughout the country. 
 
¶C.  (SBU) The government faces several limitations as it 
combats TIP.  The most important limitation is the GOM's lack 
of experience handling TIP cases (ref. D and H).  The RMP, 
AGO, and Women's Ministry conducted ongoing internal training 
regimes to build capacity to address identified gaps in 
capabilities, which included identifying trafficking victims, 
evidence collection and management, providing social services 
to TIP victims, and interagency and international 
coordination training.  Both the RMP and AGO hosted 
international training workshops and seminars, attended by 
representatives from ASEAN member states (source countries), 
Australia, and the United States to share ideas on combating 
TIP.  Other capacity building sessions were the pilot course 
for the ASEAN Awareness Training for Judges and Prosecutors 
on Criminal Justice Responses to Trafficking in Persons 
(hosted by Malaysia) and the ASEAN-Republic of Korea Workshop 
on TIP and Migrant Smuggling.  The Women's Ministry lacked 
practical experience assisting trafficking victims and 
organized training for 191 Ministry officers, tapped as 
trafficking victim protection officers, and personnel tasked 
to operate trafficking victims' shelters. 
 
(SBU) Corruption also limits the GOM's effectiveness in 
combating TIP.  The credible allegations of involvement of 
immigration officials in trafficking/extorting Burmese 
refugee tarnished the Immigration Department's overall effort 
to interdict trafficking in persons.  Low-level immigration 
officials were among Malaysia's lowest paid public servants, 
making them vulnerable to corruption. 
 
¶D.  (SBU) The TIP Secretariat is tasked with monitoring and 
coordinating the government's efforts to combat TIP. 
Interagency communication remained problematic, a difficulty 
not limited to the GOM's anti-TIP effort.  The GOM provided 
briefings to Post on their assessment of TIP in Malaysia and 
the government's ongoing efforts to combat it.  The GOM did 
not maintain extensive statistics for trafficking in persons 
as their TIP databases are under development.  The RMP and 
Immigration Department provided general information on 
trafficking victims rescued and detailed information on the 
number of suspected TIP victims referred to the Women's 
Ministry's TIP shelters.  Two local NGOs, Tenaganita and the 
Women's Aid Organization (WAO), and the embassies of 
Thailand, Indonesia, and the Philippines reported Malaysian 
government agencies referred over 300 suspected victims of 
trafficking to their respective missions in 2008.  Sources 
within the diplomatic community noted cooperation with 
Malaysian law enforcement in referring rescued nationals, 
coordinating repatriations, and using embassy personnel as 
translators during police interviews with suspected TIP 
victims referred to the Women's Ministry shelters. 
 
¶4.  INVESTIGATION AND PROSECUTION OF TRAFFICKERS (PARA 25) 
--------------------------------------------- ----------- 
 
¶A.  (SBU) The GOM initiated drafting of its comprehensive 
anti-trafficking in persons law in 2006.  The bill was 
introduced into Parliament in early 2007.  The House 
unanimously voted for the bill on May 11, 2007.  The law was 
gazetted on July 26, 2007 and went into full effect on 
February 28, 2008.  The law includes provisions for 
trafficking in persons for sexual and non-sexual exploitation 
and covers internal and transnational trafficking in persons. 
 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 
 
KUALA LUMP 00000102  005 OF 012 
 
 
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. 
 
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. 
 
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 Malaysian ringgit (MYR) 10,000 (USD 
3,030) (USD 1 = MYR 3.3) 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 3,030-15,151) for every 
illegal immigrant employed and/or a prison term of up to 12 
 
KUALA LUMP 00000102  006 OF 012 
 
 
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 3,030-15,151) 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 15,151).  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 3,030-30,303) 
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 (USD 3,030) 
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 and C.  (SBU) The 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.  If convicted of 
trafficking in persons under the 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 15,030 - 45,454).  The law 
makes inadmissible and irrelevant prior consent of the 
trafficking victim and past sexual behavior. 
 
¶D.  (SBU) The punishments for trafficking are commensurate 
with those prescribed for rape.  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. 
 
KUALA LUMP 00000102  007 OF 012 
 
 
Rape between men is covered under a different section of the 
law with sentence guidelines of 5-20 years imprisonment and 
caning. 
 
¶E.  (SBU) The AGO initiated prosecutions under the anti-TIP 
law against seven alleged traffickers (all commercial sexual 
exploitation cases) during the reporting period.  One 
suspected trafficker absconded while out on bail.  His 
whereabouts remained unknown.  The AGO obtained its first 
conviction under the anti-trafficking law on December 22. 
The judge sentenced the trafficker to eight years in prison 
for trafficking an Indian national for commercial sexual 
exploitation.  A Malaysian court found the former employer of 
Nirmala Bonet, an Indonesian national physically abused and 
disfigured while employed as a domestic worker, guilty of 
three counts of committing grievous harm and sentenced her to 
three concurrent 18-year terms, but remains free pending her 
appeal (ref. E).  The RMP also held three suspected 
traffickers, two female Vietnamese and one Malaysian 
national, under preventive laws.  The RMP is currently 
investigating at least two labor trafficking cases.  Use of 
preventative laws was consistent with law enforcement actions 
taken against terrorists and narcotics traffickers and 
perpetrators of other complex criminal conspiracies. 
 
(SBU) The Malaysian government actively investigated cases of 
trafficking involving victims of commercial sexual 
exploitation.  The GOM has not developed or implemented 
procedures to identify victims of labor trafficking.  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. 
 
(SBU) 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.  A significant number of employers, 
who hired foreign migrant workers, held the wages of their 
employees in "escrow" until completion of a contract.  The 
government has not acted to end the common practice by 
Malaysian employers to confiscate migrant workers' passports. 
 
¶F.  (SBU) The GOM provided specialized training to government 
personnel with responsibilities to combat trafficking.  The 
Women's Ministry conducted a series of training events for 
the ministry's victim protection officers.  The RMP and AGO 
conducted in-house training and hosted training which 
included representatives from Indonesia, Thailand, Cambodia, 
Singapore, Australia, and the United States.  The government 
conducted workshops to disseminate GOM guidelines for 
implementing the anti-TIP law.  Both Tenaganita and SUHAKAM 
provided instructors at government-sponsored training events. 
 The Malaysian Armed Forces received TIP awareness training 
prior to peacekeeping deployments. 
 
¶G.  (SBU) The Philippines and Indonesian Embassies reported 
that the RMP cooperated with them on anti-trafficking law 
enforcement matters.  Malaysia, the Philippines, Indonesia, 
Cambodia, Brunei and Thailand used the guidelines of the 
multilateral "Agreement on Information Exchange and the 
Establishment of Communication Procedures" which established 
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" initiated by Australia and Indonesia. 
 
¶H.  (SBU) There were no extraditions of Malaysian nationals 
 
KUALA LUMP 00000102  008 OF 012 
 
 
for trafficking offenses in 2008 and no known requests. 
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. 
 
¶I.  (SBU) During the reporting period there were widespread 
reports from NGOs, international organizations, civil 
society, and first hand accounts from refugees that 
immigration officials were involved in the trafficking of 
Burmese refugees from immigration detention centers (IDC) at 
the Thai-Malaysian border, where some refugees were sold to 
trafficking syndicates.  In January 2009, the Foreign 
Minister Rais and Home Minister Syed Hamid Albar publicly 
denied the allegations.  In a January 2009 interview for a 
local news program, Director General of Immigration Makmood 
bin Adam stated he was forming a "committee" to "interview 
those with information (regarding the trafficking 
allegations) and if there is evidence we will investigate and 
write a report."  In the interview, he stressed the committee 
should not/not be mistaken as a public inquiry.  He also said 
the Immigration Department previously received information 
about immigration officials' involvement, but that no 
evidence was provided to substantiate the claims.  In 
November 2008, during a Parliamentary session, opposition 
Member of Parliament Charles Santiago demanded a transparent 
investigation after the Home Minister stated that a special 
committee formed by the Immigration Department found no 
evidence their officials were involved in trafficking of 
Burmese refugees. 
 
¶J.  (SBU) As noted above, in paragraph I, credible reports 
based on Burmese refugees' first hand accounts implicated 
Malaysian immigration officials' involvement in the 
trafficking of Burmese refugees along the Malaysian-Thai 
border.  Immigrations officials allegedly received MYR 700 
(approximately $200) per person handed over to traffickers 
operating along Thailand's southern border.  Several local 
NGOs estimated immigration officials handed over a 
significant number of Burmese refugees to the traffickers, 
who then demanded ransoms, ranging from MYR 1,000 
(approximately $303) for children to MYR 1,900 - 2,500 ($575 
- 758) for adults, in exchange for their freedom.  Those 
unable to pay were sold for the purpose of labor and 
commercial sexual exploitation.  Some reports indicated 
traffickers sold small children not freed by ransom to child 
beggar syndicates in the region.  The government claims to 
have investigated the allegations, but did not find evidence 
they were true.  Local NGOs and some local politicians are 
calling for the government to conduct a transparent 
investigation into the allegations. 
 
(SBU) In July 2008, the government arrested and indicted the 
Director-General (DG) and his deputy (DDG) for graft and 
corruption involving the acceptance of bribes for issuance of 
visas to migrant workers.  Both officials were relieved of 
their duties pending the outcome of their trial.  The former 
DG is accused of accepting bribes to approve the issuance of 
work visas for Bangladeshi laborers, a group known to be 
vulnerable to labor trafficking and exploitation.  The former 
DDG is accused of facilitating the issuance and extension of 
social visas for Chinese nationals working as "Guest 
Relations Officers" (GRO), a euphemism for women engaged in 
prostitution.  Activists and NGOs reported that trafficking 
syndicates operating in Malaysia transport a significant 
number of trafficking victims legally with work and "GRO" 
visas.  Local NGOs, such as Tenaganita and the Migration 
Workers Group, told Post they believe some of the Bangladeshi 
and Chinese nationals whose visas the former DG and his 
deputy facilitated were possible TIP victims. 
 
 
KUALA LUMP 00000102  009 OF 012 
 
 
¶K.  (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 illegal and considered a serious 
criminal offense. 
 
¶L.  (SBU) All Malaysian military personnel 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.  Police referred five minors, aged 16 to 17, 
who were victims of commercial sexual exploitation to the 
Women Ministry's TIP shelter for children.  According to 
credible sources, some sex tourism did occur in some 
locations such as Labuan in East Malaysia. 
 
¶5.  PROTECTION AND ASSISTANCE TO VICTIMS (PARA 26) 
--------------------------------------------- ----- 
 
A/B/C.  (SBU) Malaysia's anti-TIP law allows government 
officials to place suspected and certified TIP victims in 
designated places of refuge, primarily the two shelters 
operated by the Women's Ministry, for up to 90 days.  The law 
stipulates suspected TIP victims are given a medical 
examination and treatment and/or hospitalization if required. 
 The law also protects the identity of TIP victims, 
prohibiting the publication of TIP victims' photos, names, 
and addresses.  The RMP referred 98 suspected TIP victims to 
the two government-operated shelters in Kuala Lumpur, one 
designated for safeguarding minors.  The Women's Ministry 
identified a third shelter, located in the East Malaysian 
city of Kota Kinabalu.  The shelter is currently undergoing 
renovation and is scheduled to open the first half of 2009. 
The Women's Ministry is also planning to establish a fourth 
shelter in Johor Baru, along the Malaysian-Singapore border 
in 2009.  The Women's Ministry identified a possible location 
in Johor Baru in 2008, but rejected it as the location did 
not meet the ministry's standards for a TIP shelter.  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.  The GOM does not have designated facilities for 
male TIP victims. 
 
(SBU) The RMP also referred additional suspected TIP victims 
to NGO and embassy operated shelters.  The RMP in the east 
Malaysian state of Sarawak requested Tenaganita open a 
permanent office in the state capital, Kuching, to assist 
police with trafficking victim counseling and repatriation. 
Tenaganita coordinated with police in Sarawak to conduct a 
series of rescues that resulted in 17 male Cambodians forced 
to work on commercial fishing boats.  Police also invited 
Tenaganita to have counselors present during seven raids 
conducted in and around Kuala Lumpur. 
 
D/E.  (SBU) The GOM houses TIP victims for a maximum 90 days 
 
KUALA LUMP 00000102  010 OF 012 
 
 
in government-operated shelters.  Magistrates have the 
authority to authorize longer stays, depending on the AGO's 
need and the TIP victims willingness to testify against 
alleged traffickers.  The GOM explained its policy is to 
repatriate TIP victims as soon as practical, taking into 
consideration legal proceedings against alleged traffickers, 
in order to minimize TIP victims' trauma.  The GOM does not 
provide long-term housing/shelter or other resources to TIP 
victims.  Standard social services are available to Malaysian 
nationals who are TIP victims. 
 
¶F.  (SBU) In addition to the formal referrals to government 
operated shelters the Royal Malaysian Police continued its 
informal process of referring suspected TIP victims to 
shelters their respective embassies or Tenaganita operated. 
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.  Tenaganita offered comprehensive services to 
TIP victims.  Previously, Tenaganita received funding from 
PRM to operate their shelter for TIP victims.  The Malaysian 
Bar Council and the International Federation of Women Lawyers 
(IFWL) continued to provide pro bono legal assistance to 
victims of trafficking. 
 
¶G.  (SBU) Magistrates reviewed the cases of 98 suspected TIP 
victims and formally certified 34 as TIP victims during the 
reporting period.  All 98 were admitted to the Women 
Ministry's TIP victim shelters and received counseling from 
the ministry's protection officers, who are trained social 
service officials. 
 
¶H.  (SBU) Law enforcement agencies and the AGO issued 
guidelines for identifying and processing suspected TIP 
victims.  Immigration authorities did not use an effective 
system to screen detained foreign prostitutes for 
identification as trafficking victims.  Instead, immigration 
officials reportedly 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. 
Some unidentified 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. 
 
¶I.  (SBU) GOM officials respected the rights of suspected and 
certified TIP victims.  Suspected and certified TIP victims 
were not charged with criminal or immigration violations. 
 
¶J.  (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.  For example, in a 
case involving 1,300 Vietnamese workers, local and 
international NGOs assisted workers in filing grievances and 
civil suit against an employer who did not pay them the 
salary promised and 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.  For economic reasons victims usually did not pursue 
this type of action.  Victims who were material witnesses in 
court cases against suspected traffickers were sheltered 
within the Women Ministry's TIP shelter until the case was 
concluded or their testimony finished, at which time they 
were repatriated.  There were no government restitution 
programs for victims during the reporting period. 
 
¶K.  (SBU) The RMP, AGO, and Women's Ministry provided 
specialized training on identifying TIP victims to the 
 
KUALA LUMP 00000102  011 OF 012 
 
 
respective government agencies and staff involved in 
combating TIP.  The government does not train staff in its 
embassies and consulates to provide assistance and protection 
to Malaysians trafficked overseas.  The government did not 
release information on the number of Malaysian TIP victims it 
assisted. 
 
¶L.  (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. 
 
¶M.  (SBU) Tenaganita, Sisters of the Good Shepherd (a 
Catholic religious order) and various international 
organizations, including the International Organization for 
Migration and the United Nations High Commission for Refugees 
repatriated victims, provided some social services, and 
coordinated continued support in victims' respective 
countries.  The RMP cooperated with these organizations in 
their repatriation efforts. 
 
¶6.  PREVENTION (PARA 27) 
------------------------- 
 
¶A.  (SBU) The GOM did not sponsor anti-trafficking 
information or education campaigns during the reporting 
period.  The National Council of Women Organization, a member 
of the national TIP council, conducted a national anti-TIP 
workshop for master trainers as part of its awareness program 
in November 2008.  Tenaganita, in cooperation with the RMP, 
distributes information regarding a 24-hour hotline for 
reporting cases of domestic worker abuse, including 
situations involving forced labor.  The information targets 
both potential victims and people who may have knowledge of 
alleged abuses.  The GOM did not conduct an awareness 
campaign to reduce "demand" that facilitated labor 
trafficking.  In the GOM's UPR submission, the government 
asserted it embarked on a public awareness campaign.  Post 
contacted GOM sources and the awareness campaign was limited 
to some GOM agencies and did not, at this time, target the 
public. 
 
¶B.  (SBU)  The Immigration Department continued to deploy a 
biometric system to screen individuals for prior entry into 
Malaysia.  This system also guarded against entry under 
assumed identities, which traffickers sometimes used when 
bringing victims through border crossings. 
 
¶C.  (SBU)  The national TIP Council coordinated the GOM's 
anti-TIP efforts.  Government agencies worked closely with 
NGOs, civil society organizations, and international 
organizations on TIP during the reporting cycle.  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. 
 
¶D.  (SBU) SUHAKAM was the primary member of the national TIP 
Council's drafting of a national TIP 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. 
The Home Ministry, RMP, and Women's Ministry also provided 
input into the draft action plan.  The GOM did not make 
public information regarding the action plan's details or 
finalization.  The GOM began implementing elements of the 
draft action plan by focusing on developing GOM anti-TIP 
capabilities and implementing the anti-TIP law. 
 
¶E.  (SBU) The GOM regularly briefed the mainstream media 
about police raids on brothels.  Police targeted raids on 
venues used as fronts for brothels, such as karaoke bars, 
 
KUALA LUMP 00000102  012 OF 012 
 
 
hotels, spas, etc. 
 
¶F.  (SBU)  Post does not have information regarding GOM 
efforts to reduce the participation in international child 
sex tourism by Malaysian nationals. 
 
¶G.  (SBU) All Malaysian troops assigned to peacekeeping 
missions attended specialized training on TIP at the 
Peacekeeping Training Center in Port Dickson, Malaysia.  No 
TIP-related charges or allegations of misconduct were filed 
against Malaysian servicemembers during the reporting period. 
 
¶7.  NOMINATION OF HEROES & BEST PRACTICES (PARAS 28 & 29) 
--------------------------------------------- ------------- 
 
(SBU) TIP Hero: Alice Nah, Migration Working Group: Alice is 
a passionate defender for the rights of TIP victims, 
refugees, and labor migrants in Malaysia.  She is a founding 
member of the Migration Working Group (MWG), a network of 
lawyers, academicians and volunteers whose primary focus is 
to care, protect, and defend the rights of refugees and 
migrant workers who are especially vulnerable to becoming 
victims of forced labor.  Through the efforts of MWG's 
network, Alice is involved in a campaign urging law 
enforcement agencies to effectively identify and protect 
refugees and migrant workers who become TIP victims.  Alice 
raises government and public awareness through online 
articles describing the plight of TIP victims, refugees, and 
migrant workers.  Her most recent article, widely publicized 
by local and international media, in January 2009 addressed 
the trafficking of Burmese refugees along the Malaysian-Thai 
border.  The MWG was an active member of the United Nation's 
Universal Periodic Review on Malaysia.  In that context, she 
addressed GOM human rights efforts, including TIP, and 
presented recommendations of how the GOM can improve its 
record and act more transparently in addressing human rights 
and TIP issues. 
 
(SBU) Best Practices:  Our submission is the repatriation 
assistance and counseling provided by the Sisters of the Good 
Shepherd in Malaysia.  This Catholic organization is most 
active in East Malaysia and works closely with the RMP and 
Tenaganita.  The Good Shepherds provide sanctuary for rescued 
TIP victims in Sabah.  While awaiting victims' repatriations, 
the sisters of the Order provide counseling and emotional 
support to the victims.  They use the Order's established 
network to coordinate receipt of TIP victims in their country 
of origin so the victims are connected with social services 
and NGOs focused on assisting TIP.  The Order provided 
assistance to TIP victims from the Philippines, Vietnam, 
Cambodia, Indonesia, and elsewhere during the reporting 
period.  The global network of the Good Shepherds helps 
maximize the assistance available to TIP victims upon their 
repatriation. 
 
KEITH