VZCZCXYZ0014
OO RUEHWEB

DE RUEHC #5569 3131914
ZNR UUUUU ZZH
O 091907Z NOV 09
FM SECSTATE WASHDC
TO AMEMBASSY KUALA LUMPUR IMMEDIATE 0000

UNCLAS STATE 115569 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: KTIP PREL KCRM KWMN PHUM SMIG MY
SUBJECT: MALAYSIA: TIP TIER 3 ACTION PLAN (2009-2010) 
 
REF: A. A: 2009 STATE 66260 
     ¶B. B: 2007 STATE 150188 
 
¶1. (U)  This is an action cable: please see paragraphs 4-8. 
 
¶2. (U)  The 2009 Trafficking in Persons (TIP) Report carries 
policy and programmatic implications for those countries 
listed on Tier 3 (i.e. those countries whose governments do 
not fully comply with the minimum standards for the 
elimination of trafficking and are not making significant 
efforts to do so). 
 
¶3. (SBU)  The following statement is for Post's information 
only.  The Department prepared a &short-term8 action plan 
for some Tier 3 countries with recommended steps that, if 
taken, would constitute significant efforts and qualify for 
reassessment to Tier 2 Watch List prior to the Presidential 
determination on sanctions.  The Government of Malaysia was 
provided with a &short-term8 action plan (see ref A), 
however it did not complete the mandatory steps in the action 
plan within 75 days of the TIP Report's release (by August 
31, 2009) and thus Malaysia remains on Tier 3.  On September 
14, 2009, President Obama issued a determination that waived 
full sanctions for Malaysia, because he determined that doing 
so would promote the purposes of the TVPA or was otherwise in 
the national interest of the United States. (Note: the term 
"sanctions" is used herein to describe sanctions defined in 
the TVPA, including provision for directed voting in 
international financial institutions (IFIs)). 
 
¶4. (U)  Begin action request:  Drawing from points in para 7, 
Post is requested to approach appropriate host government 
officials to highlight the United States' strong commitment 
to continue to work with the Government of Malaysia to help 
strengthen its efforts to combat and prevent trafficking in 
persons (TIP) and to assist victims.  Post is requested to 
convey the recommendations in para 8 as a non-paper and draw 
from the talking points in para 7 to explain to the host 
government the need for prompt action on these 
recommendations.  The &Implementation Guidelines8 
referenced in the action plan notes are contained in reftel 
¶B.  These guidelines provide guidance to posts on how the 
Minimum Standards of the Trafficking Victims Protection Act, 
as amended, (TVPA) are implemented, and have been cleared by 
regional bureaus. 
 
¶5.  (U)  Action request continued:  Post is further requested 
to emphasize to the Government of Malaysia that these 
recommendations are designed to help remedy the specific 
shortcomings identified in the 2009 TIP Report.  Sustained 
and significant anti-trafficking efforts by the government 
throughout the reporting period (March 1, 2009 through March 
31, 2010) year will be the basis for determining next year's 
tier placement. 
 
¶6. (U)  Action request continued:   Please keep in mind the 
TIP Report measures host government efforts.  In order for 
anti-trafficking activities financed or conducted principally 
by parties outside the government to be considered for tier 
placement purposes, Post needs to demonstrate a concrete role 
or tangible value-added by a host government in such 
activities carried out by NGOs, international organizations, 
or posts. 
 
¶7. (SBU)  Background Points: 
 
Begin talking points: 
 
-- The Obama Administration views the fight against human 
trafficking, both at home and abroad, as a critical piece of 
our foreign policy agenda.  We are committed to making 
progress on this issue in the months ahead by working closely 
with partners in every country. 
 
-- Malaysia was placed on Tier 3 in this year's Report 
because it does not fully comply with the minimum standards 
for the elimination of trafficking in persons, as set forth 
in the U.S. law (the Trafficking Victims Protection Act, as 
amended), nor is it making significant efforts to comply with 
those standards. 
 
--While the government took initial actions under the 
anti-trafficking law against sex trafficking, it has yet to 
fully address the broad range of trafficking in persons 
issues in Malaysia, particularly labor trafficking. 
 
--Credible allegations of involvement of Malaysian 
immigration officials in trafficking Burmese refugees are a 
continuing concern.  The July 2009 arrest of officials 
alleged to be involved in such trafficking was a welcome 
step.  Prosecution of those involved would send a powerful 
signal that the GOM is determined to eliminate trafficking. 
 
-- Ambassador CdeBaca,s visit at the end of August was a 
useful start to our dialogue on TIP issues.  We were pleased 
to hear at that time some of the specific actions the GOM is 
considering taking to combat trafficking, including plans to 
announce in mid-September a comprehensive TIP National Action 
Plan.  We encourage the GOM to follow-up on these actions and 
commitments in the very near future. 
 
-- We provide  a non-paper which contains several recommended 
actions to tackle specific shortcomings highlighted in the 
2009 TIP Report.  These are consistent with the short-term 
action plan we presented in June 2009.  We will reconsider 
Malaysia,s tier placement when we conduct our annual 
assessment for the 2009-2010 reporting period next spring. 
Significant actions in these areas can lead to a more 
favorable tier placement; conversely, failure to make 
significant efforts to address these issues mentioned above 
may cause Malaysia to remain on Tier 3. 
 
-- We welcome the Government of Malaysia,s comments on these 
recommendations and look forward to continued partnership and 
engagement with your government in addressing the problem of 
trafficking in persons. 
 
-- The USG is prepared to provide technical assistance and 
training appropriate for law enforcement, immigration, 
prosecutors, judges, other government officials, and RELA 
members on the effective handling of both sex and labor 
trafficking cases.  For example, we are now scheduling a 
visit by a federal prosecutor, FBI Agent, and victim 
counseling specialist, all experienced in U.S. 
anti-trafficking measures, to train a select group of their 
Malaysian counterparts on how such cases are, to include 
victim counseling services, are addressed in the United 
States.  The training is scheduled to take place before the 
end of November 2009, and we are awaiting a response from the 
Malaysian Attorney Generals, Chambers on possible dates for 
the training to take place.  We look forward to feedback from 
the GOM on the types of TIP training and assistance that 
might be of most value. 
 
End talking points. 
 
¶8. (SBU)  Begin Action Plan/ Non-Paper: 
 
During the next six months, the USG looks forward to 
partnering with the Government of Malaysia to promote 
improvements in combating trafficking in persons.  We also 
encourage the Government of Malaysia to work with foreign 
diplomatic missions directly affected, including Bangladesh, 
Indonesia, Thailand, and Vietnam. 
 
Based on the findings of the June 2009 U.S. TIP Report and 
the subsequent discussions with the Malaysian government, the 
U.S. recommends that the Government of Malaysia take the 
following significant steps through March 2010 which would 
receive positive consideration in the 2010 TIP report and 
tier ranking: 
 
¶A.    Take strong law enforcement actions under the 
Trafficking in Persons Act, particularly relating to cases of 
labor trafficking.  Such actions could include arresting 
suspected         traffickers and those involved in 
fraudulent labor recruitment and the exploitation of forced 
labor, and prosecuting them under the Trafficking in Persons 
Act, and conducting raids           to free suspected victims 
who are held against their will by employers and labor agents 
(Note: Raids should be carefully planned to ensure the safety 
of all involved, free               trafficking victims while 
minimizing harm to others, and include post-rescue care 
arranged for victims).  Action in this regard should include 
an increase in the number of arrests            and 
prosecutions leading to convictions and sentences for both 
sex and labor trafficking.    Imposed sentences should 
involve significant jail time. 
 
      ¶B.  Complete investigations into reports of Burmese 
refugees trafficked to the border of Thailand and arrest and 
prosecute suspected complicit Malaysian officials and other 
traffickers             using the Trafficking in Persons Act. 
 
 
¶C.  Develop and implement procedures to identify trafficking 
victims of both sex and labor trafficking among vulnerable 
groups, such as undocumented refugees, migrant laborers, 
individuals detained for immigration violations, and foreign 
women and children arrested for prostitution, and refer them 
to available protective services. 
 
¶D.    Re-examine existing MOUs with source countries to 
incorporate victim protection and revoke passport or travel 
document confiscation. 
 
¶E.    Issue and publicize a National Action Plan on combating 
trafficking, highlighting in the public announcement that 
combating TIP is a priority to GOM. 
 
¶F.    Expand the training of law enforcement, immigration, 
prosecutors, judges, other government officials, and RELA 
members on the effective handling of both sex and labor 
trafficking       cases and on the use of the 2007 
comprehensive trafficking law.  Training should emphasize the 
protection of witnesses and victims, regardless of their 
legal status in Malaysia. 
 
¶G.    Conduct a broad public awareness campaign to inform 
employers of the rights of foreign workers, regardless of 
their legal status, emphasizing obligations toward foreign 
domestic    workers and other laborers, and highlighting the 
consequences of abusing such workers.  Increase efforts to 
raise awareness of the consequences of trafficking for 
commercial        sexual exploitation.  Consider distributing 
leaflets and placing billboards/posters at Malaysian 
embassies overseas, airports, and other transportation hubs 
that describe how to          recognize trafficking. 
 
End Action Plan/ Non-Paper. 
 
Begin Annex to Non-Paper 
 
Annex 
 
-- Per the U.S. State Department's Implementation Guidelines 
for the Trafficking Victims Protection Act Minimum Standards, 
victims should not be expected to self-identify due to 
possible feelings of shame or fear of retribution from their 
traffickers or punishment by the government, and should go 
beyond the mere checking of an individual's papers. 
 
-- Proactive measures for victim identification are 
particularly necessary among groups vulnerable to 
trafficking, such as foreigners being held for deportation 
and women arrested for prostitution, and it is most 
appropriate in areas where these potential victims may 
interface with the government, including detention centers, 
deportation centers, and police stations. 
 
-- Procedures to identify trafficking victims of both sex and 
labor trafficking should: 
 
      ¶1. Articulate a policy promoting proactive screening 
for victims, and training personnel in victim identification 
methods or assigning already trained personnel to high-risk 
areas. 
 
      ¶2. Include the use of social workers and other 
professionals trained specifically in trafficking victim 
identification to interview those in vulnerable groups for 
evidence of trafficking. 
 
      ¶3. Include measures that ensure that identified victims 
of trafficking, including victims of labor trafficking and 
victims without legal status in the country, are not 
prosecuted,             detained, or otherwise penalized for 
acts committed as a result of being trafficked, such as 
violation of immigration provisions or prostitution. 
 
      ¶4.  Include a standard referral provisions that ensure 
victims receive access to victim services, such as primary 
health care, counseling and shelter.  Provide access to 
counselors who are trained to deal with the multiple 
psychological and overwhelming emotional issues associated 
with being a victim of trafficking.  Victims should be 
encouraged  to recount their trafficking experience to 
trained social counselors and law enforcement.  If these 
investigations are unduly constrained by existing law, the 
government should             explore avenues for exceptions 
to allow for an appropriately thorough investigation 
conducted at a reasonable pace with minimal pressure. 
Establishing a standard referral          procedure to 
transfer identified victims to NGO victim services is 
recommended. 
 
¶9. (U)  Post's continued assistance and efforts in the fight 
to eliminate trafficking in persons are greatly appreciated. 
CLINTON