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Cablegate: Indonesia Anti-Trafficking in Persons Report

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TO RUEHC/SECSTATE WASHDC IMMEDIATE 8151
INFO RUEHZS/ASSOCIATION OF SOUTHEAST ASIAN NATIONS
RUEHAD/AMEMBASSY ABU DHABI 0331
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RUEHHK/AMCONSUL HONG KONG 2442
RUEHPT/AMCONSUL PERTH 0582
RUEAWJB/DEPT OF JUSTICE WASHDC//CMMAND CENTER
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UNCLAS SECTION 01 OF 25 JAKARTA 000415

SIPDIS

SENSITIVE
SIPDIS

DEPT FOR EAP/MTS, EAP/MLS, G/TIP, G, INL, DRL, PRM, EAP/RSP

E.O. 12958: N/A
TAGS: PHUM PREF ELAB EAID ID
SUBJECT: INDONESIA ANTI-TRAFFICKING IN PERSONS REPORT

REF: A. STATE 161287
B. 07 JAKARTA 3359
C. 07 JAKARTA 590

JAKARTA 00000415 001.2 OF 025


1. (SBU) SUMMARY: Indonesia took a major step forward in
fighting trafficking in persons (TIP) in April 2007 with the
signing into law by President Yudhoyono of a tough,
comprehensive Law on the Eradication of the Criminal Act of
Trafficking in Persons. Police and prosecutors began using
the new law widely during the past six months. Law
enforcement against traffickers increased dramatically in
2007 for the second year in a row, with arrests up 77
percent, from 142 to 252, prosecutions up 94 percent, from 56
to 109, and convictions up 27 percent, from 36 to 46. A
number of trafficking syndicates were shut down.

2. (SBU) Police have cooperated closely with RSO Jakarta in
investigating trafficking syndicates to the United States.
Law enforcement action to rescue children from prostitution
and other trafficking was vigorous. Police carried out
significant action to shut down manpower placement companies
which were complicit in trafficking, including the arrest and
prosecution of two owners. Important progress was made in
fighting trafficking-related corruption, including the arrest
and prosecution of several immigration officials. NGOs
reported that because of enforcement of the new
anti-trafficking law had a severe chilling effect on the
practice by local officials of issuing false documentation
for trafficking purposes and that they are much more hesitant
to do so now, thus greatly inhibiting the ability of
traffickers to obtain false documents.

3. (SBU) The President and other senior officials gave
prominent public attention to trafficking by meeting with
victims abroad. The media and public information campaigns
continued to widely publicize trafficking issues, and a
survey of Indonesians revealed that two-thirds of the
population express concern that Indonesians who work abroad
are likely to suffer physical and psychological abuse by
employers. Local laws and actions by local government-civil
society anti-trafficking task forces were vigorous in 2007,
inspired by wide dissemination of the new anti-trafficking
law. Provincial and local governments significantly
increased efforts and resources to fight trafficking
nationwide. Overseas, Indonesian embassies and consulates
were very proactive in rescuing and assisting victims.

4. (SBU) However, some serious roadblocks to fighting
trafficking remained in place. The GOI showed little
political will to renegotiate an MOU with Malaysia which
ceded basic workers' rights to hold their travel documents.
Exploitation of workers by manpower placement companies
continued to be widespread despite police action, due to GOI
inaction. The decentralized approach to rescuing, treating
and reintegrating victims has hindered implementation of the
law due to lack of central direction and funding to assist
victims, while the national budget for trafficking remained
far below needs. There was no progress in stopping officials
from abetting trafficking in prostitution. No action was
taken to protect women and children entrapped in debt bondage
as domestic servants within Indonesia.

5. (SBU) Indonesia needs to take the following actions to
make further headway in curbing trafficking:
--Greatly accelerate efforts to combat the corruption that
feeds trafficking, particularly among law enforcement
officials, including the military, police, ministry of
manpower and immigration officials.
--Increase GOI funding for law enforcement against
traffickers and for rescue, recovery and reintegration of

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victims.
--Create a migrant manpower recruitment and placement system
that protects and benefits the workers rather than exploits
them to the benefit of the manpower companies and employers.
--Pursue better cooperation with receiving countries in
combating trafficking.
--Better protect domestic workers within Indonesia,
particularly children, through enforcement of existing laws.
END SUMMARY.

SOURCES
-------

6. (U) The U.S. Mission in Indonesia received information
from the following sources: Indonesian National Police (INP)
which provided a report in February 2008, "Law Enforcement
Against Trafficking in Persons" as well as detailed data on
investigations and arrests; the Attorney General's Office
(AGO); the Manpower and Transmigration Ministry (the Manpower
Ministry); the Department of Foreign Affairs Office of
Overseas Manpower Protection; and a number of local
government offices. International and domestic NGOs also
provided information, in particular the American Center for
International Labor Solidarity (ACILS) and International
Organization for Migration (IOM), as well as the
International Labor Organization (ILO).

7. (U) The report text follows the general outline of themes
and questions provided in ref A instructions.

8. (U) The Jakarta Mission point of contact on the TIP issue
is Political Officer Stanley Harsha, tel. (62) 21-3435-9146,
fax (62) 21-3435-9116.

9. (SBU) Report text:

I. OVERVIEW OF INDONESIA'S ACTIVITIES TO
ELIMINATE TRAFFICKING IN PERSONS
-----------------------------------------

The past year did not witness significant change in overall
trafficking patterns in Indonesia. There is a continuous
trend of Indonesians seeking work abroad as high unemployment
and poverty pushes workers overseas. Cases of severe abuse
of Indonesians trafficked abroad continued unabated.

INDONESIA FACES SIGNIFICANT TRAFFICKING CRIMES
--------------------------------------------- -

Indonesia, a developing country and emerging democracy with
the world's fourth largest population, is a place of origin
for a significant number of internationally trafficked women
and children, and to a lesser extent men. Indonesia is also
a transit and destination country for international
trafficking, although foreign victims are very small in
number relative to Indonesian victims. Very significant
incidents of trafficking occur within Indonesia's borders,
including for prostitution. Different regions of the country
are identifiable as sending, transiting and/or receiving
areas for internal as well as international trafficking.
There were no reports during this period of trafficking in
territory outside of GOI control.

SOURCE REGIONS
--------------

Various official data and observations by ACILS/ICMC
(November 2006, When They Were Sold) indicate that all
provinces of Indonesia are both sources and destinations (ref
B). Indonesian National Police (INP) reported primary origin

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areas as Java, West Kalimantan, Lampung, North Sumatra and
West Nusa Tenggara. This data matched 2007 statistics from
IOM which, based on the 1,154 victims it assisted that year,
reported the following points of origin: West Kalimantan, 23
percent; West Java, 21 percent; East Java, 14 percent;
Central Java 11 percent; West Nusa Tenggara seven percent;
Lampung, six percent; East Nusa Tenggara (5 percent), South
Sumatra, three percent, Jakarta, one percent; with other
sources areas all composing under one percent of the totals.

TRANSIT AREAS
-------------

INP reported primary transit areas as Jakarta, Surabaya,
Bali, Batam, North Sumatra and West Sumatra. Domestic routes
varied.

DESTINATIONS
------------
INP reported primary domestic destinations as: Java, Bali,
North Sumatra, East Kalimantan and Papua. A disturbing trend
in recent years has been an increase in trafficking of young
girls, many under age 18, from North Sulawesi, West
Kalimantan, and Papua, where they are exploited in
prostitution in areas with rich extractive industries,
according to NGOs. A Manado-based NGO reported that more than
80 girls were trafficked from North Sulawesi between January
and September 2007, an average of two girls per week.
Internationally, INP reported the following destinations:
Malaysia, Japan, Singapore, Thailand, Taiwan, Hong Kong,
Saudi Arabia, UEA, Qatar, Syria, Kuwait, France, Belgium,
Germany and Holland. In the latter half of 2007, an RSO
investigation working with Jakarta police uncovered
trafficking operations to the U.S.

According to 2007 IOM statistics for the victims it assisted,
the primary destinations were as follows:

--------------------------------------
Destination Freq Percent
--------------------------------------
Malaysia 936 81
Indonesia 186 16
Japan 9 .79
Saudi Arabia 7 .61
Others: Iraq, Singapore, Taiwan, Jordan, Kuwait and Qatar.

TYPES OF WORKERS EXPLOITED
--------------------------

IOM 2007 data revealed that of the victims it assisted, 57
percent were domestic workers, 11 percent prostitutes, 11
percent exploited during transit, 7 percent plantation
workers, 3 percent waitresses and the rest construction
workers, shopkeepers, nannies, fishermen, masseuses, and
cultural dancers. ICMC and ACILS, in their 2003 book
entitled "Trafficking of Women and Children in Indonesia,"
identified three categories that generate the greatest number
of TIP victims: female migrant workers, prostitutes and
child domestic workers. Men and boys, women and girls, are
all widely trafficked, but 2007 IOM data of the victims it
assisted revealed 87 percent female and 13 percent male; 77
percent adult and 23 percent children.

CHILDREN
--------

As outlined in the Mission's 2007 Worst Form of Child Labor
Report (ref A), children are trafficked for a w(e variety of
purposes, but primarily into domestic servitude,

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prostitution, rural agriculture and cottage industries.
Many girls under age 18, and even under age 15, work long
hours at low wages as domestic servants, according to
reliable NGO studies underway in 2007. They are often times
under perpetual debt bondage due to pay advances given to the
children's families by brokers. The problem is hidden
because children work under lock and key. So-called
"foundations" are commonly used as fronts for trafficking
children as domestic servants. In 2007, one NGO identified
285 child domestic workers in Bandung and 305 in Surabaya
under age 17 -- mostly under age 15.

The Child Protection Commission in December 2007 uncovered
children employed in the birds' nest processing industry in
West Jakarta, involving what they suspect could be large
numbers of children aged 15 and under. The commission
rescued six children from one of the homes where this
activity took place and are attempting to rescue other
children.

Internationally, from November 2006 to October 2007, one NGO
rescued 313 boys and girls aged 7 to 17, including 107 aged
15 and under. They had been trafficked to Jordan, Kuwait,
Malaysia, UAE, Qatar, Saudi Arabia, Japan and Indonesia.

RELIABLE STATISTICS UNAVAILABLE
-------------------------------

Reliable statistics or estimates of the overall number of
victims--including number of prostitutes and child
victims--remain unavailable and unreliable.

TRAFFICKING CONDITIONS, METHODS
-------------------------------

For internal trafficking into the sex trade, traffickers used
debt bondage, violence and threats of violence, drug
addiction, and withholding of documents to keep women and
children in prostitution. Traffickers employ a variety of
means to attract and hold victims, including promises of
well-paying jobs, debt bondage, community or family
pressures, threats of violence, rape, and false marriages.
Promises of relatively lucrative employment are among the
most common tactics. For example, police and NGO interviews
of women who escaped from forced prostitution in Batam, Papua
and Malaysia commonly reveal that traffickers recruited the
young women with offers of jobs in restaurants, supermarkets
or as domestic servants. Once at their destination,
traffickers used violence and rape to force them into the sex
trade. Migrant worker recruiters also use misrepresentation
and debt bondage to traffic men and women.

Debt bondage is particularly common in the sex trade.
Indonesian women and girls trafficked into prostitution in
Batam, for example, commonly began with a debt of
USD600-1,200. Given the constant accumulation of other
debts, women and girls are often unable to repay these
amounts, even after years of work as prostitutes.

Some migrant workers, often female, also entered trafficking
and trafficking-like situations during their attempt to find
work abroad through migrant worker recruiting companies
(PJTKI). Licensed and unlicensed companies used debt
bondage, withholding of documents and confinement in locked
premises to keep migrant workers in holding centers,
sometimes for periods of many months. Some also uses threats
of violence to maintain control over prospective migrant
workers. Civil society, officials, and victims themselves
commonly viewed conditions of debt bondage and physical
confinement as acceptable aspects of the migrant worker

JAKARTA 00000415 005.2 OF 025


system, rather than as rights violations.

Traffickers took advantage of persons in many impoverished
regions. While poverty plays a leading role in facilitating
trafficking, poor educational opportunities, cultural factors
and established trafficking networks also acted as important
determinants.

Police and NGOs found in 2007 that Indonesians sometimes
arrive legally in one country, for example Malaysia, and then
are provided with false documentation and lured to more
remote locations, such as the Middle East and Europe, where
they are trafficked.

TRAFFICKERS
-----------

Traffickers fit many different profiles. Some worked in
larger mafia-like organizations, particularly for trafficking
into major prostitution areas. Others operated as small or
family-run businesses. Husband-wife teams of traffickers
were common, with the wife often serving as the recruiting
agent. In many instances, local community leaders and parents
of victims assisted in trafficking.

Some manpower brokers operated similar to trafficking rings,
leading both male and female workers into debt bondage,
abusive employment situations and other trafficking
situations. Some of the offending manpower companies held
official licenses. Others operated illegally or appeared to
be fronts for traffickers.

U.S. TRAFFICKING SYNDICATES UNCOVERED BY RSO
--------------------------------------------

RSO Jakarta uncovered new trafficking syndicates in 2007
using these techniques to traffic workers to the U.S. These
syndicates provided victims with false documents to procure
visas to the U.S., after which they were turned over to
agents in the U.S. who used debt bondage to enslave the
victims. Since October 2007, RSO has coordinated with the INP
to target criminal syndicates that specialize in the
production and sale of counterfeit documents to facilitate
human smuggling and/or trafficking to the United States. RSO
provided information to the INP that has resulted in over
thirty arrests and eight search warrants against vendor
operations in the Jakarta metropolitan area. The information
obtained from these search warrants led to the discovery of a
Pennsylvania based Indonesian human smuggling/trafficking
syndicate. RSO is coordinating with Diplomatic Security
Service's (DSS) Visa Fraud Branch, the Federal Bureau of
Investigation and the Department of State's Human Smuggling
and Trafficking Center to in
vestigate this syndicate. Additional leads related to this
criminal organization are being pursued both in the United
States and Indonesia.

In coordination with the Jakarta Consular Section's Fraud
Prevention Unit, RSO has identified twenty-five other
criminal organizations within the Jakarta metropolitan area
that are involved in the production and distribution of
counterfeit documents and/or the smuggling/trafficking of
persons from Indonesia to the United States and other
countries. DSS has authorized RSO JAKARTA to coordinate with
the INP to fund and conduct undercover operations against
these criminal elements.

DSS has provided RSO Jakarta with funds to provide human
smuggling/trafficking training to the INP. RSO, in
conjunction with Department of Justice's International

JAKARTA 00000415 006.2 OF 025


Criminal Investigative Training Assistance Program (ICITAP),
will provide a minimum of five human smuggling and
trafficking training courses to the INP in calendar year
2008. In response, INP Jakarta has set up a local
anti-trafficking unit.

OFFICIAL COMPLICITY
-------------------

NGOs reported that because of enforcement of the new
anti-trafficking law, had a severe chilling effect on the
practice by local officials of issuing false documentation
for trafficking purposes and that they are much more hesitant
to do so now, thus greatly inhibiting the ability of
trafficker to obtain false documents. Some individual members
of the security forces were complicit in trafficking,
particularly by providing protection to brothels and
prostitution fronts in discos, karaoke bars and hotels, or by
receiving bribes to turn a blind eye to such crimes. In
Sorong, Papua, newly arrived trafficked girls from North
Sulawesi are taken to the local police by sex pub owners.
Police are told that the girls have a large debt and are
under contract. Police agreed to arrest the girls and return
them to the pubs if they escape, according to officials and
NGOs in North Sulawesi. An unknown number of civilian
officials, including those who work in local government
service, immigration, and local Manpower offi
ces, either contributed to or were complicit in trafficking.

INP reported that traffickers in 2007 were increasingly
recruiting young women to work in Malaysia as "interns" in
hotels, since the law allows girls under the age of 21 to
work as interns. Upon arrival in Malaysia, these girls are
forced to work with low pay and are subsequently trafficked
into slave labor.

There were many reports of families either selling or
encouraging children to enter abusive domestic service or
prostitution. Children worked to pay off debts or advances
provided to their families.

DATA ON PROSTITUTION
--------------------

Prostitution constitutes a major source of concern for TIP in
Indonesia due to the number of women and children involved;
the clandestine, abusive and often forced nature of this
work; the prevalence of organized crime; and the frequent
awareness and/or complicity of officials and security forces
(police and military) in prostitution. There is no reliable
data on the number of girls and women forced into
prostitution through debt bondage but the numbers are
significant.

GOI officials and NGOs often criticized police officers as
too passive in combating trafficking absent specific
complaints. Although police were often aware of underage
prostitutes or other trafficking situations, they frequently
did not intervene to protect victims or arrest probable
traffickers without specific reports from third parties.
Police in some areas facilitated and accepted at face value
efforts by pimps to obtain written statements by prostitutes,
which "verified" that the prostitutes were of adult age and
had consented to their roles. Police in some areas generally
accepted trafficking or trafficking-like situations, whether
out of lack of awareness of trafficking as a crime, their
direct or indirect involvement in trafficking, their
individual financial interest in prostitution, lack of police
resources for operations, or competing law enforcement
priorities. Police often times claim that they cannot

JAKARTA 00000415 007.2 OF 025


identify underage prostitutes because they have fake IDs and
cannot prove their age.

INDONESIAN VICTIMS IN MALAYSIA
------------------------------

Malaysia is commonly identified as the country receiving the
greatest number of Indonesian trafficking victims. According
to ACILS, in Malaysia the risks of being trafficked are
compounded by the fact that probably more women and girls
enter Malaysia illegally than legally to seek employment.
ACILS reports that an over-supply of Indonesian women and
girls in Malaysia results in placement agencies in Malaysia
offering incentives to more families to hire foreign maids,
including offering the employer recovery of fees from the
employee through wage reductions. Various sources report
that the first five months of wages are commonly deducted.
IOM reported that from March 2005 to October 2006, 72 percent
of female victims recovered from various countries had
chlamydia, and a significant proportion had other STDs,
including 1.7 percent who were HIV positive. Of these
victims, 63 percent came from Malaysia.

A 2006 bilateral MOU between Indonesia and Malaysia failed to
give adequate protection to Indonesian migrant workers,
opening the door to abuse. The agreement allows employers to
hold workers' passports restricting their freedom to return
home, allows monthly deductions of up to 50 percent of
negotiated wages to repay loans and advances, and does not
specify time off. Indonesian and Malaysian authorities met
in June 2007 to discuss renegotiating the MOU but no progress
was made. The GOI has demonstrated little political will to
address this issue.

"CULTURAL PERFORMERS" IN JAPAN
------------------------------

GOI stopped permitting Indonesian women to travel to Japan
and South Korea as "cultural performers" in June 2006, thus
curtailing a practice that led to victims being trafficked
under this guise. However, in 2007, traffickers increasingly
used false documents, including passports, to obtain tourist
visas for young girls who are forced into prostitution in
Japan to repay a debt USD20,000. The false documentation
makes it all the more difficult for them to escape from
sexual slavery.


Taiwan
------

Trafficking of young girls to Taiwan - mainly from West
Kalimantan - persisted in 2007. Traffickers use false
marriage licenses and phony marriage photos for the girls to
obtain visas, Migrant Care reported. They are forced into
prostitution in Taiwan.

Middle East
-----------

Migrant Care reports that large-scale trafficking to the
Middle East persists, Saudi Arabia being the worst offender.
The UAE, Jordan and Iraq are also destination countries,
though others exist. Many Muslim girls are lured to Saudi
Arabia with promises of a good salary and the opportunity to
make a pilgrimage to Mecca, a dream far beyond their
financial means. Many Indonesians are trafficked from
Malaysia. One large syndicate trafficked 27 girls to
Kurdistan, Iraq in 2007. Some of these girls were brought
legally to Jordan first and then told they were not qualified

JAKARTA 00000415 008.2 OF 025


to work in Jordan and promised good jobs in Kurdistan,
Migrant Care reported. One girl who Labatt spoke with by
telephone in Kurdistan in October 2007 said a Turkish
businessman kept her and other Indonesian girls trapped in
domestic servitude with low wages. She and four others
escaped by contacting IOM, which facilitated their travel
from Iraq.

MIGRANT WORKERS
---------------

Illegal migrant workers are more likely to be trafficked, and
according to ACILS at least 800,000 of the current estimated
1.5 million Indonesian workers in Malaysia are said to be
illegal. Some 600,000 documented Indonesian workers went
abroad in 2006, and another two million traveled
undocumented, according to GOI sources. In order to relieve
unemployment in Indonesia, the official target is to send
750,000 workers abroad next year, according to the Ministry
of Manpower. The policy is to send 70 percent semi-skilled
workers, reducing the number sent in low wage informal sector
jobs.

FOREIGN VICTIMS IN INDONESIA
----------------------------

According to an American researcher who conducted a study in
2007 on trafficking of women in Southeast Asia, the vast
majority of foreign prostitutes in Indonesia are from
Mainland China. Smugglers told this researcher that they
estimate the number to be between 4,000 and 20,000. Of the
100 Chinese prostitutes he interviewed, none had been forced,
although all had debts of between USD1,000 and USD4,000 to
repay. They were under pressure to repay the debts and then
earn money to send home, the women told the researcher. The
pimps/smugglers kept their passports and said it was easy to
extend the visas with bribes. The researcher also came across
a few women from Thailand and eastern Europe.

POLITICAL WILL
--------------

Political will to fight trafficking was clear at the national
leadership level as well as at local levels in 2007, while
awareness of the issue continued to penetrate through
government agencies. During a January 2008 visit to
Malaysia, President Yudhoyono met with trafficking victims,
including Nirmala Bonat, whose relentless fight in the
Malaysian court system to bring justice to the employers who
abused her in 2004 has become the cause clbre for
Indonesian trafficking victims. Following his visit to five
Middle East countries in May 2007 where he met with
trafficking victims, the President convened a cabinet meeting
at which he called for action to ensure better treatment and
protection of Indonesian migrant workers.

A Malaysian law enforcement delegation visited Indonesia in
December 2007 to discuss better cooperation to protect
Indonesian migrant workers and the INP reports good
cooperation with its Malaysian counterparts in investigating
cases.

Furthermore, the President has appointed senior level
officials in key positions with clear instructions to
eliminate trafficking, resulting in noticeable progress in
law enforcement. The government has trained over a thousand
law enforcement officials on fighting trafficking, often
times in interagency courses also attended by NGOs. The
number of special anti-trafficking police and prosecutors
greatly increased.

JAKARTA 00000415 009.2 OF 025

As President Yudhoyono's clear stance on clean government
filtered down this year through the ranks, corrupt officials
complicit in trafficking have been fired, prosecuted or
transferred. In 2007, several senior law enforcement
officials complicit in illegal activities that promoted
trafficking were being investigated for corruption,
sanctioned, or transferred to less sensitive positions,
according to reliable official sources.

With the passage of the new anti-trafficking law, local task
forces in many provinces across Indonesia have reinvigorated
their efforts. For example, the North Sulawesi
anti-trafficking task force meets regularly with
representatives from the full spectrum of official agencies
and NGOs. In 2007 this effort resulted in dramatic progress
to prevent trafficking, to raise public awareness and to
rescue trafficking victims. For example, most of the North
Sulawesi anti-trafficking police, based on information
provided by NGOs, traveled to Sorong, Papua, to rescue and
return several trafficked girls to North Sulawesi. North
Sulawesi officials report that in 2004, 70 percent of the
girls trafficked to Papua were from North Sulawesi, but that
their prevention efforts resulted in that percentage dropping
to 30 percent by 2007.

LIMITATIONS, RESOURCES
----------------------

During 2007, Indonesia showed significant progress in its
counter-trafficking efforts through the passage of a strong
anti-trafficking law and widespread efforts to disseminate
information concerning this law. But the year was also marked
with serious shortfalls that could be attributed to continued
lack of capacity but potentially also due to diminished
political will to continue tackling the complex problems
associated with trafficking. Due to the fact that a new
national task force had not yet been formed through a mandate
from one of these implementing regulations, little emphasis
has been placed on developing a second National Plan of
Action (NPA) to combat trafficking in persons, despite the
fact that Indonesia's first NPA expired at the end of
December. Work on finishing national guidelines for services
to trafficked persons - through another revision of the
Standard Operating Procedures for Return, Recovery and
Reintegration of Trafficking Victims (SOPs) and a new
regulation on standard minimum servi
ces (SPM) - met with little progress following passage of the
anti-trafficking law. Finally, an annual report on
trafficking in persons by the Government of Indonesia has yet
to be issued for 2006 (publication has traditionally taken
place in March of each year) and it appears that a report for
2007 has not yet been worked on in any significant way.

The Ministry of Women's Empowerment, charged with
coordinating efforts to implement the law, was not yet able
to provide data on the amount spent on trafficking in 2007,
but is gathering this information. Post will report this
septel.

Given the scope of the country's trafficking problem,
Indonesia's actions against trafficking, whether the
responsibility of national or local governments, continued to
demonstrate serious weaknesses and failings. Indonesia's
relative poverty, weaknesses in governance, poor public
funding, preoccupation with post-tsunami recovery, and
endemic corruption all contributed to these shortcomings.


ANTI-CORRUPTION EFFORTS

JAKARTA 00000415 010.2 OF 025


-----------------------

President Yudhoyono's strong anti-corruption stance resulted
in action against officials complicit in trafficking in 2007.
The national police chief, the attorney general and the new
director general of immigration all gave signals to officials
that corruption would not be tolerated, taking their lead
directly from the President. As a result, GOI and NGO
sources confirmed that several senior officials suspected of
corruption that contributed to trafficking are either being
investigated for corruption, sanctioned, or transferred to
less sensitive positions. In addition, the following
specific actions can be reported:

National police reported arresting and prosecuting at least
three immigration officials at key transit points: the
Jakarta international airport and at the Entekong border post
with Malaysia; other investigations are underway which they
could not discuss.

On January 2, 2008, former Indonesian ambassador to Malaysia,
Hadi A. Wayarabi, was sentenced to 30 months in jail for
corruption in the collection of immigration document fees.
Wayarabi was found guilty of involvement in the collection of
illegal fees from Indonesians needing immigration documents
at the Indonesian embassy in Kuala Lumpur from 2000-2003.

On January 4, the Corruption Eradication Commission (KPK)
indicted former Indonesian ambassador to Malaysia,
Rusdihardjo, and immigration section chief Arihken Tarigan,
as graft suspects. Both Rusdihardjo and Tarigan were
suspected of corruption during their time as officials in
Kuala Lumpur between January 2004 and October 2005.

On May 8, 2007, the KPK found Eda Makmur, a former consul
general in Johor Baru, Malaysia, guilty of graft in
overcharging for passport fees and sentenced him to two years
in prison.

The Corruption Eradication Commission's prosecution team
indicted former director general of manpower education and
inspection Marudin Saur Marulitua Simanihuruk on corruption
in relation to the 2004 audit of funds for foreign workers in
Indonesia. On February 28, the Anti-corruption Court began
proceedings against Marudin, together with another manpower
ministry official, Suseno Tjipto Mantoro. Both face 20-year
jail terms.

II. PREVENTION OF TRAFFICKING
------------------------------

A 2007 survey contracted by USAID included questions on
Indonesian migrant workers, revealing a high awareness level
of the dangers of working abroad: about two-thirds of
Indonesians believed that Indonesians who work abroad are
likely to suffer from physical or psychological abuse from
employers, while 60 percent believed that it is not worth
seeking work abroad because of the high costs. Only three
percent have seriously considered working abroad, and among
those who do not want to work abroad, 15 percent said they
fear mistreatment, while 21 percent say the costs of seeking
work abroad are too high. While this was the first time this
issue was surveyed, it does indicate that publicity and
public awareness campaigns might be raising awareness of the
risks of being trafficked.

In January 2007, the National Agency for the Placement and
Protection of Overseas Workers was (BNP) was established.
The agency took over the Ministry of Manpower's
responsibilities to protect migrant workers, such as

JAKARTA 00000415 011.2 OF 025


facilitating labor export and providing legal protection.
The agency was established as required by the 2004 Overseas
Labor Placement and Protection Law. The law also requires
the government and the new agency to supply workers only to
countries that have labor agreements with Indonesia. This
new body is directly responsible to the president. Through
this same decree, GOI will decentralize Migrant Holding
Centers to the district level which will benefit migrant
workers because it will reduce the cost of travel to the
centers, facilitate monitoring of the centers and reduce the
potential for manipulation of the documents. Social controls
of abuses at the local levels are believed to be stronger and
thus help better protect workers from trafficking.

During its first year of operation, BNP did very little to
increase protection of migrant workers. Far from
recommending the closure of abusive manpower companies, the
number of brokers increased under BNP's supervision and
corruption continued.

The Indonesian Embassy in Kuala Lumpur, Malaysia in 2007
established a medical clinic at the shelter in the Embassy.
The embassy has two doctors on call to provide basic medical
services to stranded migrants at the shelter, regardless of
whether they are victims of trafficking. Now, each stranded
migrant worker at the embassy is entitled to a free medical
check up and treatment. The embassy pays for these medical
services in full. Apart from that, exit documents needed for
victims of trafficking to leave Kuala Lumpur are obtained
quicker than in the past. In the past, victims would be at
the shelter for well over year and this is being cut back to
a few months. Also, all consulates (Penang, Johor Baru,
Kuching, Kota Kinabalu) and the embassy are actively
screening all migrants for victims of trafficking. The staff
are using the IOM's screening form (based on UN definition of
trafficking). Once migrants are identified as victims of
trafficking, they are immediately referred to IOM for
assistance.

GOI ANTI-TIP CAMPAIGNS
----------------------

The following activities have been undertaken to prevent
trafficking:

-- The Ministry of National Education has funded activities
to eliminate Child Drug Trafficking.

--West Nusa Tenggara's (NTB) provincial government allocated
USD10 million for its migrant worker empowerment program in
2007.

--The East Nusa Tenggara (NTT) provincial government
allocated USD 24,000 to assist migrant workers who experience
hardship in their overseas workplaces.

--On February 16, 2008, the Lombok Barat Parliament passed
the West Lombok Regional Regulation on Migrant Worker
Protection, establishing a Migrant Worker Protection
Commission to investigate and settle migrant worker problems.


In Surabaya, The Forum of Concerned Women was created in
November 2007, focusing on human trafficking.

--The North Sulawesi Government established an Integrated
Service Center for Women and Children, as did Cirebon, West
Java.

--In 2007, East Java provincial government worked together

JAKARTA 00000415 012.2 OF 025


with NGOs to formulate guidance on how to handle trafficking
cases.

--In Manado, the Bureau of Women's Empowerment in North
Sulawesi, the NGO Swara Parangpuan and the Manado Port
Authority have successfully cooperated to apprehend
traffickers and rescue victims before they depart.

-- As a contribution to prevention efforts, Nusa Tengarra
Barat province's Legal Aid Association (LBH) provided legal
assistance to five villages in East Lombok to help formulate
village regulations regarding the recruitment of migrant
workers.

--The East Java government established a Rapid Response Team
in 2007 to assist the victims of trafficking. It is
comprised of local government employees and NGO workers and
provides social, psychological and legal counseling.

-- In 2007, the East Java government signed an MOU with
regencies and cities in the province to work together to
handle the return of trafficking victims. The Provincial
government bears the responsibility for returning trafficking
victims to their homes, while government at the regency and
municipal levels bears responsibility for monitoring and
preventing trafficking victims from being re-trafficked.

--The North Sulawesi Department of Religious Affairs
established a counseling center in 2007 to provide religious
counseling to the victims of trafficking.

Media coverage of trafficking, both domestic and
international, expanded over recent years. National
television, radio and print media, and local newspapers
routinely covered TIP issues. Investigative journalism shows
highlighted the crime.

GOI SUPPORT TO OTHER PREVENTION PROGRAMS
----------------------------------------

The GOI supported and administeredd other national programs
related to the prevention of trafficking, but not designed
specifically as anti-trafficking efforts. These programs
commonly faced serious constraints in terms of GOI limited
funds, institutional capacity, and corruption. Some of the
more relevant programs were:

-- A program to encourage free basic public education through
the first nine years of schooling, including subsidies for
students from poor families. A number of districts announced
their achievement of free public schooling.

-- School Subsidy Operation providing a subsidy to poor
people who were directly affected by the policy to increase
the price of oil.

-- A program to encourage birth registrations, coupled with a
law that mandates government offices to provide birth
certificates free of charge. At least 21 local governments
began free provision of birth certificates.

-- A national program to eliminate gender inequality in
education.

-- Programs to train female migrant workers.

-- Credit schemes for micro-businesses, some of which focused
on women.

-- Revolving credit schemes for cooperatives and savings and

JAKARTA 00000415 013.2 OF 025


loan associations.

-- The Directorate of Women and Child Labor Monitoring in the
Manpower Ministry has allocated funds for the establishment
and operation of Provincial and District Action Committees on
the Elimination of the Worst Forms of Child Labor.

RELATIONSHIP BETWEEN GOI, NGOs AND OTHER ELEMENTS
--------------------------------------------- ----

The overall relationship between relevant GOI offices and
NGOs remained cooperative and mutually supportive on
TIP-related issues. Cooperation varied from agency to agency
and location to location. The GOI recognized the importance
of NGO expertise, networks and involvement. NGOs met
regularly with officials and participated in national and
local task forces. The GOI and NGOs collaborated on many TIP
initiatives, including in protection of victims, public
awareness raising, and in providing assistance to law
enforcement officials in investigations and prosecutions. The
police and NGOs continued to share information on
trafficking, although mutual suspicions between NGOs and
police sometimes prevented their cooperation.

MONITORING OF IMMIGRATION/EMIGRATION
------------------------------------

The Directorate of Immigration, under a new Director General,
has made trafficking a top priority, particularly of
children. The implementation of bio-metric passports will
help immigration officials to stop trafficking of girls as
well. Immigration, police, prosecutors and judges from
migrant worker transit areas were trained together in 2007.

While efforts to increase passport integrity began,
Indonesia's passport services, like most other government
services, remained the object of widespread corruption.
Indonesians are able to easily obtain passports in false and
multiple identities. The lack of computerized nationwide
passport and immigration records facilitated the work of
traffickers, and made it difficult to check whether potential
trafficking victims have left Indonesia. Recruitment
agencies routinely falsified birth dates, including for
children, in order to apply for passports and migrant worker
documents. A field visit by Labatt to a border post revealed
loose controls and rampant corruption.

The GOI did not effectively monitor immigration and
emigration patterns for evidence of trafficking, with some
limited exceptions. On the whole, however, immigration
officials and law enforcement agencies did not have the
equipment, capacity or tools to generate useful information,
or did not prioritize such information.

The Transnational Crime Center (TNCC), which includes
trafficking as one focus, was established in 2004 and has
aggressively tackled trafficking.

COORDINATION AND COMMUNICATION MECHANISMS
-----------------------------------------

In 2006, Indonesia signed the ASEAN Declaration on the
Protection and Promotion of the Rights and of Migrant
Workers, committing itself to an extensive list of
protections. End update.

At the national level, the Women's Ministry served as the
focal point for GOI actions on TIP. The People's Welfare
Coordinating Ministry, which includes the Women's Ministry
under its umbrella, also played a key role in coordinating

JAKARTA 00000415 014.2 OF 025


efforts across different agencies. The National Action Plan
to eliminate trafficking created a Task Force led by the
People's Welfare Coordinating Minister and the Women's
Minister, and included some 28 government and law enforcement
agencies, NGOs, and civil society groups (see above). Many
provinces and a number of districts operated task forces for
coordinating anti-trafficking efforts.

The GOI actively participated in multilateral and
international coordination efforts to combat trafficking
under UN, ASEAN and regional frameworks. As an example, the
GOI hosted the ASEAN workshop on combating TIP in November
2005.

The GOI has given responsibility for developing
anti-trafficking programs to the National Anti-Trafficking
Task Force, created by the National Action Plan, and led by
the People's Welfare Coordinating Minister and the Women's
Minister, which includes other government and law enforcement
agencies, NGOs, and civil society groups. Responsibility for
provincial and district-level programs varies from location
to location. A growing number of provinces and districts (26
in total) have their own task forces or committees.

III. INVESTIGATION AND PROSECUTION OF TRAFFICKERS
--------------------------------------------- ------

Law Enforcement Increases Two Straight Years
--------------------------------------------

Police and prosecutors began using the new anti-trafficking
law soon after it passed, not waiting for implementing
regulations; however, other laws were still mostly used in
2007 pending widespread implementation of the new law. These
laws included the Penal Code, Child Protection Act, the
Manpower Placement Act and the Manpower Act.
For the second year in a row, law enforcement against
traffickers increased dramatically in 2007 over 2006: arrests
increased 77 percent from 142 to 252, prosecutions increased
94 percent from 56 to 109, and convictions increased 27
percent from 36 to 46. The average sentence in these cases
was 45 months. This data came mostly from the national
police (INP) and the Attorney General's Office, with some
cases reported by reliable NGOs. All data was based on cases
linked directly to trafficking.
The 21-man national police anti-trafficking task force has
worked with local police, Ministry of Manpower, the Migrant
Workers Protection Agency, Immigration, Foreign Affairs and
NGOs to shut down several large trafficking syndicates using
Indonesia as a transit point and rescue hundreds of victims,
mostly children, according to a February INP report,
interviews with police and media reports. While police could
not share details of every case with us, they did share much
information. The two-part "Operation Flower" which began in
March 2007 and is on-going, targeted trafficked children,
primarily in sexual exploitation. In March, this operation
shut down large operations in red-light districts of Jakarta,
the Riau islands, Central and West Java and elsewhere,
arresting dozens of pimps and rescuing dozens of children.
Separately, local police in North Sumatra, South Sulawesi,
Bali, Lombok, West Kalimantan and elsewhere, broke up
trafficking syndicates, using testimony from the victims to
arrest traffickers
and to gain information about links in other countries which
they shared with those law enforcement authorities. In
Pontianak, in May 2007, police allowed emboff to interview
both a teenage victim still under the care of the GOI after
escaping from sexual bondage in Malaysia, and the three
persons who trafficked her, interviewing them in prison.
Police in late 2007 cooperated with the Manpower Ministry to

JAKARTA 00000415 015.2 OF 025


shut down a manpower company that was trafficking workers,
rescuing over a hundred persons, including children, and
arresting staff on charges of document falsification.

Internationally, police cited some of the already successful
anti-trafficking actions completed in 2007, including
stopping one syndicate trafficking workers to France and
another to Syria, Saudi Arabia and Malaysia. In yet another
operation, police broke up a syndicate trafficking Sri
Lankans to Australia.

In 2007, police had set up 304 women's help desks (RPK) to
protect women and child victims of violence, including
trafficking, and also to aid in investigations of these
crimes, an increase of 24 from 2006. INP also had set up
Integrated Service Centers in 36 locations in 2007 where
specially trained anti-trafficking police work with doctors
and social service workers at police hospitals to provide
special treatment for victims. Complying with the 2007
anti-trafficking law's requirement to set up special
interview rooms for trafficking victims, police in major
cities across Indonesia have already provided these rooms,
complete with video cameras to record testimony for victims
who do not want to appear in court and special materials to
help with interviewing children.

To aid in trafficking investigations, beginning in 2003 the
police posted liaison officers in Indonesian embassies in
Saudi Arabia, Malaysia, Australia and Thailand. These police
liaison officers contributed to growing law enforcement
cooperation particularly with Malaysia. The Indonesian
police liaisons in Australia and Saudi Arabia have also
helped to investigate trafficking in the past.

EXISTING ANTI-TIP LAWS
----------------------

The New Anti-Trafficking Law
----------------------------

On March 20, 2007, the Indonesian national legislature
passed Law No. 21 of 2007 on the Eradication of the Criminal
Act of Trafficking in Persons. On April 19, the law was
enacted through the President's signature. The law does five
things:

1. Defines trafficking
2. Establishes harsh punishments
3. Provides protections for victims and witnesses
4. Provides services and restitution to victims
5. Calls for actions to address trafficking

The law stipulated that three implementing regulations must
be promulgated within six months following enactment. The
three implementing regulations included:

1. Establishment of special police service units (RPK) and
procedures for examination of witnesses by Regulation of the
Chief of National Police (Article 45);
2. Procedures and mechanisms for integrated service centers
by Government Regulation (Article 46);
3. Establishment, organization, membership, budget, and
operating procedures of the national and local task forces by
Presidential Decree (Article 58).

The GOI enacted the first regulation in July 2007, through
the National Police Decree No. 10, to provide the
organizational structure and procedures for a special unit
providing services to women and children. The second
regulation on integrated services was enacted in February

JAKARTA 00000415 016.2 OF 025


2008. The third on organization and budget awaits action by
the Government Secretariat and Cabinet Secretariat.

The anti-trafficking law meets international standards to
prevent and outlaw trafficking, and includes a comprehensive
legal mandate for rescue and rehabilitation of victims. The
law outlaws all forms of trafficking including debt bondage
and sexual exploitation. It also provides stiff penalties
for complicity in trafficking by officials and labor agents,
which include harsh prison sentences. Penalties for
trafficking of a child under 18 years range from three to 15
years in prison, with penalties for officials higher by
one-third, and fines of between $12,000 and $60,000.

The law defines sexual exploitation as any form of the use of
sexual organs or other organs of the victim for the purpose
of obtaining profit, including but not limited to all acts of
prostitution and sexually indecent acts. A person who uses
or takes advantage of a victim of trafficking in persons by
way of engaging in sex or other indecent acts, or gains
benefit from the result of the crime, faces a possible prison
sentence of between three and fifteen years and a fine of
between USD12,000 and USD60,000.

OTHER LAWS
----------

The National Plan of Action encourages provincial and local
governments to their own anti-trafficking regulations and a
number have done so. Notable are strong anti-trafficking or
women and child protection laws which reflect local reactions
to the trafficking problem and are being used vigorously.
Some of these laws include:

-- North Sulawesi with Regional Regulation No. 1 of 2004 on
Prevention and Elimination of Trafficking of Women and
Children.
-- North Sumatra with Regional Regulation No. 6 of 2004 on
Prevention and Elimination of Trafficking of Women and
Children.

--Indramayu District with Local Regulation No. 14 of 2005 on
Prevention and Prohibition of Trafficking for Child
Commercial Sexual Exploitation.

--East Java Province with its Local Regulation No. 9 of 2005
on Provision of Protection for Women and Children Victims of
Abuse.

--Sumbawa District with its Local Regulation No. 11 of 2003
on Protection of Indonesian Overseas Workers originating from
Sumbawa, and a similar regulation in East Lombok (2006).

In 2004, the DPR passed Law 39/2004 on the protection of
migrant workers abroad. The law provides greater regulation
of the migrant worker recruiting and placement process. It
establishes jail sentences of 2 to 15 years for unlicensed
labor recruitment agencies.

Indonesia has also ratified almost all major conventions
relating to trafficking. In addition to those referred to
above, Indonesia has ratified ILO Convention 29 on Forced
Labor, the UN Convention on the Elimination of Discrimination
against Women, and has signed the optional protocol to the
Convention on the Rights of the Child on the Sale of
Children, Child Prostitution and Child Pornography. Indonesia
has also signed the UN Convention against Transnational
Organized Crime and its supplemental Protocol to Prevent,
Suppress and Punish Trafficking in Persons, especially Women
and Children.

JAKARTA 00000415 017.2 OF 025

PENALTIES FOR RAPE OR FORCIBLE SEXUAL ASSAULT
---------------------------------------------

The Criminal Code, Article 285, stipulates a maximum of 12
years imprisonment for rape committed outside of marriage.
Other generally less severe criminal sanctions apply for
sexual intercourse with a minor, forcing a person to commit
an act of sexual abuse of a minor, facilitating minors to
perform acts of obscenity, and other related offenses. The
12-year maximum jail sentence for rape exceeds the 6-year
maximum for trafficking under the Criminal Code, but is
similar to the 15-year maximum penalty for trafficking of
children under the Child Protection Act.

PROSTITUTION NOT LEGAL, BUT WIDESPREAD
--------------------------------------

As a matter of national law, Indonesia has not legalized
prostitution. Indonesia's Penal Code does not explicitly
mention prostitution, but the Code's Chapter 14 refers to
"crimes against decency/morality," which many within national
and local governments interpret to apply to prostitution.
Central government officials contacted by the Embassy agreed
in their interpretation that the Penal Code renders
prostitution illegal. The prostitution of children is
clearly illegal under the Penal Code and the 2002 Child
Protection Act.

The Penal Code can be used to prosecute the acts of pimps,
brothel owners and enforcers on the basis of various crimes,
including: using violence or threats of violence to force
persons to conduct indecent acts (Article 289, with a maximum
penalty of nine years in jail); facilitating indecent acts
(Article 296, with a possible jail term of 16 months);
conducing/facilitating public indecency (Article 281); and
making profits from the indecent acts of a woman (Article
506, with a possible one-year jail sentence). In practice,
authorities rarely pursued such charges against those
involved in prostitution.

Clients of child prostitutes can be charged under the Penal
Code and the Child Protection Act. In theory, married
persons who are clients of prostitutes can be charged for
engaging in sexual relations outside of marriage (Penal Code
Article 284). In general, police did not arrest and pursue
charges against clients of prostitutes.

While contrary to societal and religious norms in Indonesia,
the practice of prostitution is widespread and largely
tolerated in many areas of the country, particularly when it
is not a matter of public display. Although contrary to
national interpretations that the Penal Code prohibits
prostitution, authorities in some localities have formally or
informally regulated prostitution in response to community
pressure.
In some areas, including certain locations in Papua, brothel
owners registered prostitutes with the police with a view to
demonstrating that the prostitutes are not coerced or
underage.

Some local governments gained important tax revenues from
otherwise legal entertainment businesses, such as karaoke
bars, that also offer prostitution. Individual police and
other officials also gained illegal income as a result of
prostitution. These factors encouraged the tendency to
tolerate prostitution, according to observers.

In East Java, the province's Child Protection Commission,
police, city authorities, and NGO representatives in May 2005

JAKARTA 00000415 018.2 OF 025


launched a network to monitor and prevent trafficking of
children into prostitution. The network monitors brothels
and reports to the social services office and police if a
brothel employs a child prostitute. In 2007, this resulted
in a decrease of child prostitutes from 68 to 8, according to
an ILO survey.

INVESTIGATIVE TECHNIQUES
------------------------

In some instances, the police, particularly those who had
received anti-trafficking training, used active investigation
techniques to develop trafficking cases. The police used
undercover operations to some extent. In the past, police
occasionally employed electronic surveillance using technical
expertise developed for counter-terrorism. Information
collected through electronic surveillance is not admissible
in Indonesian courts except in cases of terrorism. The
cooperation of victims and witnesses was important to police
and prosecutors in making cases against traffickers.
According to a number of the police, GOI officials and NGOs,
victims frequently avoided testifying because of the
prolonged nature of court cases, their desire to return to
their home areas and lack of financial assistance to maintain
themselves. This complicated prosecution efforts. In some
cases, police did not detain suspects, who then subsequently
disappeared and did not present themselves in court.

SPECIALIZED TRAINING
--------------------

Training of law enforcement officials by USG and
international NGOs greatly increased this year, with strong
cooperation by Indonesian officials. Over a thousand police,
prosecutors and judges were trained on trafficking in 2007.

COOPERATION WITH OTHER GOVERNMENTS
----------------------------------

The GOI cooperated with other governments, particularly
Malaysia, in the investigation and prosecution of trafficking
cases dQing this reporting period. Indonesian and Malaysian
law enforcement officers worked together to stop trafficking
operations.

In the past, Indonesia and Australia cooperated in the
investigations of Australian pedophiles victimizing children
in Bali, and syndicates trafficking women to Australia.

Indonesian police and other officials cooperated actively
with U.S. law enforcement to arrest and expel wanted American
citizen pedophiles.

EXTRADITION
-----------

Indonesia maintains extradition treaties with only five
countries or territories, but very seldom utilizes this
mechanism to seek extradition of its citizens, preferring
less formal options such as rendering and deportation.
Indonesia does not have a history of extraditing or rendering
its own citizens to other countries.

Indonesia did not extradite any traffickers during this
reporting period and there were no reports of such requests
from other countries.

Indonesian police and officials have cooperated with foreign
governments, including the U.S. and Australia, in the
apprehension and repatriation of foreign sex offenders.

JAKARTA 00000415 019.2 OF 025

GOVERNMENT INVOLVEMENT IN OR TOLERANCE OF TRAFFICKING
--------------------------------------------- --------

Some government officials and individual members of the
security forces facilitated, tolerated, or were involved in
TIP on a variety of levels. The GOI in past reports
acknowledged this fact, which has been widely reported by
groups working on trafficking. The most common example of
such complicity was in the production of national identity
cards. In local communities, low-level officials certified
false information to produce national identity cards and
family data cards for children to allow them to work as
adults. They commonly did so in order to collect bribes and
also to assist poor families in gaining additional wage
earners. In most cases, these officials facilitated such
cards without knowing the children will be trafficked. In a
much smaller number of cases, the local officials presumably
were aware that they are facilitating trafficking. Based on
the identity cards, traffickers processed passports and work
visas for children who otherwise would not be able to obtain
such documents. With less than 30 percent of all births
registered in the country, and such registrations also
subject to falsification, authorities often had little legal
basis to challenge documents containing false information.

At the Jakarta international airport migrant worker transit
center, "Terminal Three," returning migrant workers are
forced to pay a wide variety of unofficial fees in order to
go home.

Some officials in local Manpower offices reportedly licensed
and tolerated migrant worker recruiting agencies despite the
officials' knowledge of the agencies' involvement in
trafficking. In return for bribes, some Immigration officials
turned a blind eye to potential
trafficking victims, failing to screen or act with due
diligence in processing passports and immigration control.
Local governments' informal or formal regulation of and
alleged profiteering from established prostitution zones in
larger cities also raised concerns about local officials'
involvement and tolerance of trafficking.

In 2007, officials of the Migrant Worker Placement and
Protection Agency posted at airports allowed returning
trafficking victims to be taken by officially sanctioned
transport back to the manpower company that trafficked them
to begin with, returning them to debt bondage, Migrant Care
reported.

Individual members of the police and military were associated
with brothels and prostitution fronts, most frequently
through the collection of protection money, which was a
widespread practice. Sometimes off-duty security force
members worked as security personnel at brothels. Security
force members also involved themselves in prostitution as
brothel owners or through other illicit business interests,
according to NGOs and other reports. As one prominent
example, NGOs continued to report the involvement of
Indonesian navy personnel and police in the Dolly
prostitution complex in Surabaya, one of Southeast Asia's
largest brothel areas. A 2005 NGO examination of trafficking
in Papua also found indications of police and military
personnel involved in trafficking.

NGOs described the involvement in TIP of individual police
and military members primarily as one of extorting protection
money from brothel owners and pimps, and of not taking
proactive steps to free underage or other trafficked
prostitutes. In past years, there have been reports of

JAKARTA 00000415 020.2 OF 025


police officers assisting pimps to return runaway prostitutes
to brothels. The NGOs did not report any examples of
security force members actively recruiting or forcing
children into prostitution.


STEPS TO END OFFICIALS' INVOLVEMENT IN TRAFFICKING
--------------------------------------------- -----

As reported above, the GOI has begun to seriously take action
against officials involved in trafficking, including
corruption charges, administrative sanctions, dismissals and
transfers. The impact of these few but unprecedented actions
is beginning to change the culture of impunity.
Unfortunately, this type of action is not being applied to
military officials involved in trafficking, particularly of
women and girls trapped in prostitution.

There were no GOI reports of the security forces prosecuting
or disciplining their own members for involvement in
prostitution or other activities related to trafficking.

FOREIGN PEDOPHILES PROSECUTED, DEPORTED
---------------------------------------


On February 26, 2007, the South Jakarta District Court
sentenced Australian pedophile Peter William Smith to ten
years in prison after he was found guilty of sexually
assaulting more than 50 under-age children between 2003 and
2006. Smith, a language teacher, was arrested in Jakarta
after seven children complained he had sexually abused them.
A second suspect committed suicide believing police were
about to arrest him.

Police say pedophile cases are particularly difficult to
prosecute since affected boys and girls and their families
are reluctant to file reports against the perpetrators.

RATIFICATION OF INTERNATIONAL INSTRUMENTS
-----------------------------------------

Indonesia has signed and in most cases ratified international
instruments related to the worst forms of child labor and the
trafficking of women and children:

-- The GOI signed ILO Convention 182 concerning the
elimination of the worst forms of child labor and ratified
this with Law No. 1 of 2000 on March 8, 2000.

-- Indonesia ratified ILO Convention 29 on Forced Labor in
1950. The GOI ratified ILO Convention 105 on the Abolition
of Forced Labor in 1999.

-- Indonesia signed the Optional Protocol to the Convention
on the Rights of the Child on the Sale of Children, Child
Prostitution and Child Pornography, and ratified this in
September 2001.

-- Indonesia signed in December 2000 the UN Convention
Against Transnational Organized Crime and its Protocol to
Prevent, Suppress and Punish Trafficking in Persons. The GOI
has not yet ratified the Convention and Protocol.

-- On September 25, 2003, Indonesia signed the Convention for
the Suppression of the Traffic in Persons and the
Exploitation of the Prostitution of Others, 1950, and the
Convention's Final Protocol. Indonesia has not yet ratified
these instruments.


JAKARTA 00000415 021.2 OF 025

-----------------------------------------
IV. PROTECTION AND ASSISTANCE TO VICTIMS
-----------------------------------------

GOVERNMENT ASSISTANCE TO VICTIMS
--------------------------------

National and local level assistance efforts continued or
increased over the past year, although they remained small in
comparison with the scope of the problem. The GOI and police
operated 41 "integrated service centers," providing health
services to TIP and other victims of violence. Four of these
are full medical recovery centers specifically for
trafficking victims. The GOI pays for about a third of the
cost of treating victims by offering intensive care treatment
for the cost of ordinary care funded by IOM. These
trafficking victim recovery centers treated thousands of
patients since opening in 2005. The integrated service
centers in Jakarta at the Kramatjati police hospital as well
as service centers in Surabaya, Pontianak and Makassar
provide support services such as temporary shelter, medical,
psychological, and legal assistance.

Authorities continued to round-up and deport a small number
of foreign prostitutes without screening them for possible
trafficking victims. Various GOI offices and diplomatic
missions received training on TIP victim recognition and
assistance, training for personnel at the Mission in Malaysia
making great progress in 2006.

An increasing number of NGOs and community based
organizations have set up Women's Crisis Centers, Drop in
Centers or Shelters. Local governments worked together with
NGOs and civil society groups to establish and operate
shelters for TIP victims, in key transit points like Dumai,
Riau Province, and Batam, Riau Islands Province, and in
Entekong on the West Kalimantan border with Malaysia. Local
governments also used social services offices and police
women's desks as temporary shelters. Women's bureaus in
provinces like East Java, North Sumatra, and Riau Islands
budgeted modest funding for victims' services.

The Foreign Ministry operated shelters for trafficking
victims and migrant workers at its embassies and consulates
in a number of countries, including Malaysia, Saudi Arabia,
Kuwait, and Singapore. Over the course of 2007, these
diplomatic establishments sheltered thousands of Indonesian
citizens, including trafficking victims. Indonesian
diplomatic missions, in coordination with other GOI agencies,
assisted with repatriation of trafficking victims.

The Social Affairs Ministry Directorate of Social Assistance
for Victims of Violence and Migrant Workers assisted victims
returning from overseas since domestic cases normally fall
under the responsibility of local governments. In 2007, the
Ministry provided some repatriation assistance to tens of
thousands of migrant workers, the vast majority of whom
returned from Malaysia. This included transportation, basic
medical care, and food for some of these returnees. The
Directorate provided some training to provincial Social
Affairs offices. The Ministry also operated women's
rehabilitation centers and assisted with crisis centers,
including the Children's Crisis Center established in Jakarta
in 2002.

The provincial government in East Java established a women's
crisis center in 2003 that serviced trafficking victims and
other women who suffered violence. Police and public
hospitals provided medical care to trafficking victims, in

JAKARTA 00000415 022.2 OF 025


accordance with a GOI directive (see below).

In 2004, the Women's Ministry, with input from international
and local NGOs, finalized standard operating procedures
(SOPs) to be used when assisting trafficking victims to
ensure their protection. This was in accordance with the
anti-trafficking National Action Plan's goal of having the
SOPs in place by 2004. The Ministry began to train officials
in the SOPs during 2005.

GOI SUPPORT FOR NGO SERVICES TO VICTIMS
---------------------------------------

The GOI provided some funding to domestic NGOs and civil
society groups that supported services for TIP victims,
usually as part of a larger program rather than one focused
exclusively on trafficking. At the national level, for
example, the People's Welfare Coordinating Ministry and the
Social Affairs Ministry provided food assistance to social
centers and safe houses nationwide. Local governments in
North Sulawesi, North Sumatra, West Kalimantan, Riau Islands,
and East Java funded NGOs to provide services to some
victims, including shelters, medical exams and training.

SCREENING AND REFERRAL OF VICTIMS
---------------------------------

In Jakarta, a screening system is in place at the Tanjung
Priok seaport to refer cases of abused migrant workers and
trafficking victims to the city's police hospital. NGOs
active in migrant worker advocacy also identify and refer
returned migrant workers who need medical attention. An NGO
screening process was also in practice in Surabaya. However,
at Jakarta international airport, during a February visit,
the Labor Attach observed that trafficking victims are not
screened at all by the migrant protection officials
responsible at that location. The Labor Attach witnessed one
mentally disturbed woman handcuffed to a cot receiving no
care, while another severely abused victim had slept for two
days at the terminal because she did not have funds for
transportation home. NGOs reported that migrant workers
returning to this location are never screened for abuse or
referred to treatment facilities as required under the
anti-trafficking law.

Women's help desks at provincial and district level police
offices typically have formal or informal arrangements in
place with local NGO's to provide short-term shelter and a
modicum of care for trafficking victims. In general,
long-term care does not appear to be available. A current
U.S.-funded project, implemented by IOM, has begun to develop
models of better and longer-term care for trafficking victims.

RESPECT FOR THE RIGHTS OF VICTIMS
---------------------------------

The GOI's written policy, found in its annual trafficking
report, is that, "from a legal perspective, the Government
treats persons who are trafficked not as criminals, but as
victims who need help and protection." The People's Welfare
Coordinating Ministry, the Women's Ministry, and training
conducted by international NGOs and DOJ/ICITAP, reinforced
this policy during the year in public settings and trainings
of police and other officials. Police who received ICITAP
training demonstrated greater awareness of and respect for
TIP victims.

Local government and police practice varied, particularly in
the lower ranks of law enforcement agencies. Local
governments, exercising greater authority under the nation's

JAKARTA 00000415 023.2 OF 025


decentralization program, sometimes enacted regulations that
tend to treat trafficked prostitutes as criminals, contrary
to national policy. In many instances, GOI officials and
police actively protected and assisted victims. In other
cases, police officers treated victims, particularly
trafficked prostitutes, as criminals, subjected them to
detention, and took advantage of their vulnerability to
demand bribes and sexual services. The media and lower level
officials, including police, frequently failed to protect
victims' identities and commonly provided victims' names to
the public.

The GOI's policy is not to detain or imprison trafficking
victims. Police implementation of this policy varies in
practice. Not all local government laws comply with this
policy. Local police often arrested prostitutes, presumably
including trafficking victims, who operated outside
recognized prostitution zones on charges of violating public
order. Police raids on prostitute areas commonly resulted in
the arrest of prostitutes, rather than users or pimps. On
occasion, the police detained victims, sometimes to gain
their testimony or in the belief they were protecting the
victims from traffickers. In other cases, police detained
victims in order to extract bribes.

While there appeared to be a growing understanding of the
need to protect Indonesian victims of trafficking, this was
not the case for foreign prostitutes. Police and immigration
officials deport foreign prostitutes without screening them
as possible trafficking victims.

ENCOURAGING VICTIMS TO ASSIST INVESTIGATIONS/PROSECUTIONS
--------------------------------------------- ------------

The GOI encourages victims to assist in the investigation and
prosecution of traffickers. The GOI reported that victims
frequently were reluctant or refused to provide testimony out
of shame and fear of retribution against themselves and their
families.

In previous periods, there have been reports of police
officers who refused to receive complaints from trafficking
victims, but insisted instead that victims and traffickers
reach an informal settlement (for example, payment of debts
in return for a prostitute's release from a brothel).

PROTECTIONS FOR VICTIMS AND WITNESSES
-------------------------------------

The functions of the women's help desks at provincial and
district level police stations include protection of women
and children during the police investigation process of
crimes such as trafficking. Some of the desks functioned
reasonably well, while others did not function adequately.
With the new anti-trafficking law and the Witness Protection
law, police routinely offer witnesses special protection such
as giving testimony via videotape.

TRAINING FOR OFFICIALS TO RECOGNIZE/ASSIST VICTIMS
--------------------------------------------- -----

The National Action Plan calls for training of government
officials in recognizing trafficking and assisting victims,
to be carried out in the 2003-2007 timeframe. The GOI
conducted such training on an ad hoc basis through various
seminars, workshops and government meetings. INP and
Immigration both conducted anti-trafficking training,
including victim recognition, over the past year.

NGOs and international organizations have assisted in the

JAKARTA 00000415 024.2 OF 025


training of Indonesian officials. IOM and ICMC have worked
with Indonesian diplomatic offices in Malaysia to improve
their screening procedures for potential trafficking victims.

The relationship between Indonesian diplomatic missions and
NGOs abroad that serve trafficking victims appears to vary
greatly.

ASSISTANCE TO REPATRIATED NATIONALS
-----------------------------------

The GOI, both at the national and locals levels, provides
some measure of assistance, including limited medical aid,
shelter, and financial help, to its repatriated nationals who
were trafficking victims. In general, the government at
various levels provided more attention and assistance to
repatriated victims compared with victims of internal
trafficking. In 2007, the GOI greatly improved its level of
care for victims held at Embassy shelters overseas. In some
cases the GOI paid the cost to fly victims from Malaysia to
Indonesia.

NGO'S WORKING WITH TRAFFICKING VICTIMS
--------------------------------------

Some of the more prominent NGOs are Solidaritas Perempuan
(Jakarta), LBH-Apik (Jakarta and West Kalimantan), Yayasan
Mitra Kesehatan dan Kemanusiaan or YMKK (Batam), Rifka Anisa
(Yogyakarta) and LADA (Lampung). Some labor unions also
provided services to trafficking victims. The activities of
these groups related to TIP include: legal assistance,
prevention and education programs, medical services, clinics
for children, research and advocacy, counseling, reproductive
health, HIV/AIDS prevention, and
shelters. More NGOs have emerged over the past several
years, including Migrant Care, currently a leading advocacy
body for migrant worker rights and anti-trafficking.

The GOI continued strong cooperation with NGOs over the past
year in the area of assistance to trafficking victims. In
some cases government offices relied heavily on NGO inputs
and advice. GOI offices provided licenses to organizations
and access to trafficking victims, included NGOs on national
and local action committees, and interceded with law
enforcement agencies in some cases to permit NGOs to carry
out their activities. NGOs frequently interacted with the
police, though mutual suspicions limited the interaction in
some areas.

---------
V. HEROES
---------

Nirmala Bonat is an Indonesia maid who has relentlessly
pursued justice in Malaysian courts for nearly four years
since being brutally beaten and burned on her breasts with an
iron in 2004 by her Malaysian employer. Despite suffering
from the anguish of being trapped in the Indonesian Embassy
migrant shelter in Kuala Lumpur, and being humiliated in
court, she has stood her ground, refusing to return home and
give up her case. In doing so, she has because the cause
clbre for abused trafficking victims worldwide, and an
inspiration for others to stand up for their rights. A poor,
uneducated 19-year-old woman when she arrived in Malaysia
four years ago, her courage is all the more remarkable given
her powerless position in society. Nirmala's choice as a TIP
hero would demonstrate that victims also have power, and also
can be heroes for simply refusing to be beaten down.

------------------

JAKARTA 00000415 025.2 OF 025


VI. BEST PRACTICES
------------------

East Java TIP Task Force (KAP) was its first in Indonesia,
established by the governor in 2004. It was developed to
coordinate anti-trafficking efforts of various agencies and
institutions throughout the province. Members of KAP are
NGOs, relevant government departments (to include health,
social services, employment, human rights, law enforcement,
prosecutors, port authority officials, and other related
institutions). It meets regularly and government agencies
and NGOs share information fully. KAP has made great strides
in reducing human trafficking in East Java to include
prevention efforts, reintegration of victims and assistance
for trafficking victims.

KAP established a rapid response team to provide social,
psychological, and legal counseling for trafficking victims.
In 2007, KAP formulated guidance on how to handle trafficking
cases. This guidance will be distributed to an
anti-trafficking task force at the regency/city level in East
Java. KAP also signed an MOU with regencies and cities in the
province to work together to handle the return of trafficking
victims. KAP has a responsibility to return the victims to
their homes, while local government at the regency and city
levels has an obligation to monitor and prevent trafficking
victims from being re-trafficked. Besides providing five
dollars for each trafficking victim who is returned to his or
her home village, KAP allocates a special budget for proving
food assistance for trafficking victims while they are
staying in the shelter waiting to be returned. KAP is a
model for how communities can work together to fight
trafficking.

HUME

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