Cablegate: Tip Expert Mohamed Mattar Discusses Malaysia's New

VZCZCXRO9113
PP RUEHCHI RUEHDT RUEHHM RUEHNH
DE RUEHKL #0097/01 0460716
ZNR UUUUU ZZH
P 150716Z FEB 08
FM AMEMBASSY KUALA LUMPUR
TO RUEHC/SECSTATE WASHDC PRIORITY 0538
INFO RUCNASE/ASEAN MEMBER COLLECTIVE PRIORITY
RUEAWJA/DEPT OF JUSTICE WASHDC PRIORITY

UNCLAS SECTION 01 OF 02 KUALA LUMPUR 000097

SIPDIS

SENSITIVE
SIPDIS

STATE FOR EAP/MTS, EAP/PD, AND G/TIP - SALLY NEUMANN
ALSO FOR IIP/SEG - STEELE

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KCRM MY
SUBJECT: TIP EXPERT MOHAMED MATTAR DISCUSSES MALAYSIA'S NEW
LAW AND CONVEYS BEST PRACTICES

REF: A. KUALA LUMPUR 52 - SEEK U.S. SPEAKERS ON TIP
B. 07 KUALA LUMPUR 1731 - CATHOLIC CHURCH ANTI-TIP
EFFORTS
C. 07 KUALA LUMPUR 1730 - TIP ACTION PLAN DELIVERED
TO MALAYSIA

Summary
-------

1. (SBU) Dr. Mohamed Mattar, an internationally recognized
expert on trafficking in persons (TIP) laws from John Hopkins
University, conducted meetings with Malaysian government
officials, local NGOs, universities, and with press during
his January 28-February 1 visit to Kuala Lumpur. Dr. Mattar
provided expert views on Malaysia's new anti-TIP law and
methods for effectively implementing it. He reviewed the
law's strengths, including two sections he deemed represented
international best practices, and explored ways to approach
victim protection. He met with officials at the Women's
Ministry where he discussed best practices and models for
operating TIP victims shelters. He also met with Department
of Immigration officials where he identified training
modules, best practices, and guidelines for identifying
trafficking victims. At a seminar for NGOs, Mattar discussed
the laws specific inclusion of NGOs on the National
Anti-trafficking Council and encouraged NGOs to work
constructively with the government. Immigration officials
expressed interest in having Mattar speak at the next meeting
of the "Bali Process," which will be held later this year.
Following meetings with Mattar, a senior immigration official
made the government's first public warning that employers
found abusing foreign workers could be charged under the
anti-trafficking law, and a government-influenced newspaper
published a strong editorial reflecting Mattar's points.
Mattar's visit illustrates Malaysian officials and civil
society's active interest in expert advice on implementing
the new anti-trafficking law, and Post will follow up on
previous requests for Department support. End Summary.

Malaysia's new law
------------------

2. (U) Mattar conveyed his evaluation of Malaysia's new
anti-trafficking law, both strengths and weaknesses, during
discussions with the government, NGOs, press, and at
universities. Overall, he rated the law "excellent." He
pointed out that Malaysia is only one of 37 countries with a
comprehensive anti-TIP law. He said Sections 16 and 17 of
the law merited recognition as international best practices.
Section 16 states the consent of a trafficked person is
irrelevant and cannot be used as a defense by a trafficker.
Section 17 states that past sexual behavior of a victim is
irrelevant and inadmissible. Mattar said he intended to
mention these two sections when he speaks at the Vienna Forum
to Fight Human Trafficking in mid-February. Mattar
identified aspects of the law covering victim protection that
needed clarification. Specifically, he looked at the status
of a victim and whether they were subject to Malaysia's
immigration laws following the 90-day period during which a
victim is protected and given shelter. He suggested that
this could be clarified as the GOM approached the
implementation of the law.

Mattar meets with government officials
--------------------------------------

3. (SBU) On January 31, Mattar met with Sharifah Zarah Syed
Ahmad, Director General for the Department of Women's
Development in the Women's Ministry, to talk about TIP
shelter operations in relation to the new TIP law. Mattar
offered to provide the Women's Ministry with best practices
and models for operating TIP shelters. Sharifah expressed
concern that the ministry lacked the capacity to collect data
on trafficking and was considering using a contract expert to
manage data collection. Mattar encouraged Sharifah to
provide public reports on the ministry's anti-trafficking
efforts. Sharifah informed Mattar that the ministry was
concluding the third training workshop for designated shelter
protection officers. (Note: Section 43 of the Anti-TIP law
designated the Women's Ministry responsibility to provide
protection officers at the shelters. End Note.) Sharifah
welcomed Mattar's inputs and stated she was committed to
pushing the ministry's efforts to open the shelters.

4. (SBU) Mattar also met with Wahid bin Mohamed,
Director-General of Immigration and Ishak Haji Mohamed,
Immigration's Enforcement Director. Wahid stated that

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immigration officers required training in TIP victim
identification. He expressed interest when Mattar offer to
provide a TIP training module to use during the initial
training of new immigration officers at the Department's
training facility at Port Dickson. Both Wahid and Ishak
stated they wished to review international models and best
practices. Wahid explained measures already taken to
decrease the risk of trafficking. One measure is the
introduction of the "I-Kad," an identification card for
foreigners in Malaysia on student or work visas. The I-Kad
will show legal status and allow freedom of movement within
Malaysia even if an employer holds a migrant workers
passport. The Immigration Department is also instituting
biometrics to combat identification fraud. This will help
combat trafficking as rescued victims returned to Indonesia
along the Tebedu-Entikong border point are often
re-trafficked by recruitment agents using fraudulent travel
documents. The biometrics system will alert immigration
officers to attempted re-entries. Both Wahid and Ishak were
very interested in discussing trafficking with Mattar. Ishak
suggested inviting Mattar to speak at the next "Bali Process"
meeting, which Malaysia will host later this year. A few
hours later, Ishak issued the government's first public
warning that employers found abusing foreign workers could be
charged under the new Anti-TIP law.

Taking the message to universities, NGOs, and the Press
--------------------------------------------- ----------

5. (U) Mattar also shared his expertise with law students
and academics at the University of Malaya and the National
University of Malaysia. A representative of the Attorney
General's Office joined the former event. At these talks,
Mattar offered in-depth analysis of Malaysia's anti-TIP law
and the implications for its implementation. He discussed
the law's focus on preventing trafficking, prosecution of
traffickers and the protection of trafficking victims,
particularly in relation to Malaysia's labor statutes.
Participants were particularly interested in Mattar's
comparative analysis of varying anti-TIP modules and
international best practices.

6. (U) The Asia Foundation hosted a seminar for local NGOs
involved with TIP victim protection. Participants included
representatives from Malaysia's Human Rights Commission,
which is drafting Malaysia's national anti-trafficking action
plan and is occupies one of up to three seats on the national
council reserved for non-governmental actors. Mattar praised
the law's explicit inclusion of NGOs on the national council.
He encouraged NGOs to work constructively with the
government, especially in operating shelters and increasing
victim protection.

7. (U) Mattar met with print and radio journalists regarding
trafficking and Malaysia's new law. Shortly thereafter, on
February 5, a newspaper closely aligned with government
views, the New Straits Times, published an editorial on
trafficking urging more government action. The editorial
reflects the themes Mattar addressed throughout his visit and
in his press encounter. In particular, the editorial argued
that, "it is time to implement a national plan of action to
trace and save the victims and prosecute and punish those who
profit from their misery." We expect additional radio and
print pieces on trafficking in the near future.

Comment
-------

8. (SBU) Mattar's visit illustrated Malaysian officials and
civil society's active interest in expert advice on
implementing the new anti-trafficking law, and their
receptivity to learning about international best practices.
GOM agencies charged with implementing the TIP law recognize
the technical expertise we have to offer and are willing to
work with us if the approach is viewed as cooperative and not
confrontational. Following Mattar's program, and the
fruitful February 11-13 visit of G/TIP reports officer
(septel), we have expanded opportunities to provide
information, training material and expertise in critical
areas such as victim identification, victim shelter operation
and management, and law enforcement and prosecution. Embassy
Kuala Lumpur wants to make the most of these opportunities
and we will follow up on previous requests for Department
support.

KEITH

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