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Cablegate: Submission for 2010 Trafficking in Persons Report:

VZCZCXRO5353
PP RUEHCN RUEHGH
DE RUEHHK #0279/01 0480757
ZNR UUUUU ZZH
P 170757Z FEB 10
FM AMCONSUL HONG KONG
TO RUEHC/SECSTATE WASHDC PRIORITY 9634
INFO RUEHOO/CHINA POSTS COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 12 HONG KONG 000279

SENSITIVE
SIPDIS

DEPT FOR G/TIP, G- LAURA PENA, DRL, INL, PRM, EAP/RSP,
EAP/CM

E.O. 12958: N/A
TAGS: KTIP KCRM PHUM KWMN SMIG KFRD ASEC PREF ELAB
KMCA, HK
SUBJECT: SUBMISSION FOR 2010 TRAFFICKING IN PERSONS REPORT:
MACAU

REF: A. SECSTATE 2094
B. 09 HONG KONG 1729
C. 09 HONG KONG 556
D. 10 BEIJING 37

1. (U) Per reftel A, the following are post's contributions
to the tenth annual Trafficking in Persons (TIP) report for
the Macau Special Administrative Region of the People's
Republic of China. Subheadings and answers correspond to
questions posed in paragraphs 25-30 of reftel A.


Para 25: THE COUNTRY'S TIP SITUATION
---------------- --------------------

-- A. What is (are) the source(s) of available information on
human trafficking? What plans are in place (if any) to
undertake further documentation of human trafficking? How
reliable are these sources?

(SBU) Beginning in 2007, the Macau Special Administrative
Region government (MSARG) began compiling data on trafficking
cases to respond to USG queries in advance of the annual TIP
report. The Macau government's inter-departmental Human
Trafficking Deterrent Measures Concern Committee
("Committee") has a subgroup responsible for gathering
relevant data from the different departments involved in
anti-trafficking efforts. The Committee plans to contract a
local university in early 2010 to conduct an independent and
comprehensive assessment of TIP in Macau and the government's
efforts to date. Several Hong Kong-based non-government
organizations (NGOs) also assist sex workers and migrants in
Macau, and provide post with their observations and findings.
Local English and Chinese-language media are increasingly
reporting on Macau's TIP developments. Information from these
sources have generally been reliable.

-- B. Is the country a country of origin, transit, and/or
destination for men, women, or children subjected to
conditions of commercial sexual exploitation, forced or
bonded labor, or other slave-like conditions? Are citizens
or residents of the country subjected to such trafficking
conditions within the country? If so, does this internal
trafficking occur in territory outside of the government's
control (e.g. in a civil war situation)? From where are
people recruited or from where do they migrate prior to being
subjected to these exploitative conditions? To what other
countries are people trafficked and for what purposes?
Provide, where possible, numbers or estimates for each group
of trafficking victims. Have there been any changes in the
TIP situation since the last TIP Report (e.g. changes in
destinations)?

(SBU) The MSAR is not a source of trafficked persons, but is
a destination and transit point for illegal migration, labor
and prostitution. Many women, primarily from mainland China
and to a lesser extent, from Mongolia and Southeast Asia,
continue to travel to Macau of their own volition to engage
in legal prostitution. However, some are lured to Macau by
acquaintances and/or criminal syndicates by false promises of
jobs in casinos or other types of legitimate employment.
Once in Macau, they are forced into prostitution.

-- C. To what kind of conditions are the trafficking victims
subjected?

(SBU) Previously documented cases have shown that living and
working conditions for victims trafficked to Macau for
prostitution are poor. Some victims were subjected to
monitoring during off hours, crowded boarding arrangements,
confiscated identity documents, and threats of violence.

-- D. Vulnerability to TIP: Are certain groups of persons
more at risk of human trafficking (e.g. women and children,
boys versus girls, certain ethnic groups, refugees, IDPs,
etc.)? If so, please specify the type of exploitation for
which these groups are most at risk (e.g., girls are more at
risk of domestic servitude than boys).

(SBU) Previously identified trafficking victims have
primarily been women from the Chinese mainland, and to a
lesser extent, from Vietnam, Mongolia, and several other
Southeast Asia countries. MSARG officials told us most of
the mainland Chinese victims were from inland provinces who
had made their way to the border province of Guangdong in
search of better employment. It was usually in Guangdong
where they fell prey to false advertisements for dancers or

HONG KONG 00000279 002 OF 012


"PR hostesses" in Macau.

-- E. Traffickers and Their Methods: Who are the
traffickers/exploiters? Are they independent business
people? Small or family-based crime groups? Large
international organized crime syndicates? What methods are
used to gain direct access to victims? For example, are the
traffickers recruiting victims through lucrative job offers?
Are victims sold by their families, or approached by friends
of friends? Are victims "self-presenting" (approaching the
exploiter without the involvement of a recruiter or
transporter)? If recruitment or transportation is involved,
what methods are used to recruit or transport victims (e.g.,
are false documents being used)? Are employment, travel, and
tourism agencies or marriage brokers involved with or
fronting for traffickers or crime groups to traffic
individuals?

(SBU) MSARG officials contend their investigations of
trafficking cases thus far have uncovered only a "limited
amount" of organized crime involvement in TIP cases. The
introduction of the Individual Visitor Scheme (IVS) in 2003,
which allowed tourists from certain mainland cities and
provinces to enter Macau on an individual basis, has made it
possible for many prostitutes to enter Macau on their own.
However, some are believed to still seek the help of pimps,
either because they are unaware that they can obtain visas on
their own or because they need logistical and financial help
with travel and housing.

(SBU) Most victims of deceptive recruitment were typically
told they were coming to Macau to work as dancers or
hostesses. While it is hard to quantify, previously
identified TIP cases suggest many of the exploiters are
independent operators or part of small groups. It is often
nearly impossible to determine whether street-level
individual operators are part of larger organized syndicates
without extensive evidence and corroborating witnesses. The
MSARG in May 2009, however, uncovered what is believed to be
an organized crime syndicate that had been trafficking
Southeast Asian women to Macau for more than 10 years,
arresting six of their members.


Para 26: SETTING THE SCENE FOR THE GOVERNMENT'S ANTI-TIP
EFFORTS
--------------------------------
--------------------------------

-- A. Does the government acknowledge that human trafficking
is a problem in the country? If not, why not?

(SBU) The MSARG acknowledges trafficking is a problem
requiring dedicated attention and resources of the
government. Although somewhat reluctant to discuss the issue
in the past, Macau authorities now are fully committed and
aggressively combating human trafficking. The MSARG
continuously evaluates its anti-TIP efforts and seeks ways to
improve its overall TIP program and focus resources. To that
effect, the government's anti-trafficking committee is
mapping out a five-year TIP Action Plan that should be
completed in 2010.

-- B. Which government agencies are involved in efforts to
combat sex and labor trafficking - including forced labor -
and, which agency, if any, has the lead in these efforts?

(SBU) In September 2007, the MSARG established an
inter-departmental "concern committee" charged with overall
strategic planning, coordination and implementation of the
government's anti-trafficking efforts. The committee, titled
the "Human Trafficking Deterrent Measures Concern Committee,"
consists of 12 representatives from the Security,
Administration and Justice, Social Welfare and Culture
bureaus. Cheong Kwoc Va, the Secretary for Security, leads
the committee and his Head of Office is the managing
coordinator. The Chief Executive directed all government
departments to cooperate with the committee's activities.
According to the Government Gazette (similar to the U.S.
Federal Register), the committee is responsible for: (1)
studying and assessing TIP-related social problems; and (2)
suggesting and supervising each department's efforts to
combat human trafficking. The committee aims to coordinate
and assist the development of measures to prevent trafficking
and protect victims, as well as to assist victims to
reintegrate into society. The directive also tasked the
committee to promote international and regional cooperation

HONG KONG 00000279 003 OF 012


in the fight against trafficking. The entire group meets
monthly to assess the progress of initiatives currently in
place and discuss future programs and measures. The Health
Department, Immigration Department, and the Public
Prosecutions Office also are responsible for various aspects
of the trafficking issue.

-- D. To what extent does the government systematically
monitor its anti-trafficking efforts (on all fronts --
prosecution, victim protection, and prevention) and
periodically make available, publicly or privately and
directly or through regional/international organizations, its
assessments of these anti-trafficking efforts?

(SBU) The Committee submits semi-annual reports to the Chief
Executive on its anti-TIP programs. These self-assessments
are not shared with the public or Post. However, throughout
the reporting period, committee members regularly provided
Post with updates on the MSARG's anti-trafficking efforts.
The Committee in January 2010 launched a website
(www.anti-tip.gov.mo) to serve as a platform for both general
public education about TIP and specific government policies
and initiatives. The Committee also plans to contract a
local university in early 2010 to conduct an independent and
comprehensive evaluation of the TIP situation in Macau and
the MSARG's performance to date.

-- E. What measures has the government taken to establish the
identity of local populations, including birth registration,
citizenship, and nationality?

(SBU) Since 2002, The MSARG Identification Bureau has been
issuing electronic identity cards to both permanent and
non-permanent residents. All births must be registered and
at least include the child's complete name, gender, date and
place of birth, and address of the parents. Individuals
applying for residence permits must provide their intended
occupation, means of stay, valid travel documents, criminal
record, and former residency certificate. The Migration
Services department is responsible for verifying the
information provided.

--F. To what extent is the government capable of gathering
the data required for an in-depth assessment of law
enforcement efforts? Where are the gaps? Are there any ways
to work around these gaps?

(SBU) The Committee has a subgroup responsible for gathering
relevant data from the different departments involved in
anti-trafficking efforts. Since the Secretary for Security
leads the Committee and administratively oversees all of the
various law enforcement entities involved in anti-TIP work,
we assess the data collected to be complete and
comprehensive.


Para 27: INVESTIGATION AND PROSECUTION OF TRAFFICKERS
------------------------- ---------------------------

For questions A-D, posts should highlight in particular
whether or not the country has enacted any new legislation
since the last TIP report.

-- A. Existing Laws against TIP: Does the country have a law
or laws specifically prohibiting trafficking in persons --
both sexual exploitation and labor? If so, please
specifically cite the name of the law(s) and its date of
enactment and provide the exact language (actual copies
preferable) of the TIP provisions. Please provide a full
inventory of trafficking laws, including non-criminal
statutes that allow for civil penalties against alleged
trafficking crimes (e.g., civil forfeiture laws and laws
against illegal debt). Does the law(s) cover both internal
and transnational forms of trafficking? If not, under what
other laws can traffickers be prosecuted? For example, are
there laws against slavery or the exploitation of
prostitution by means of force, fraud, or coercion? Are
these other laws being used in trafficking cases?

(SBU) The MSARG passed a comprehensive anti-trafficking law
in June 2008 that criminalizes the types of offenses set
forth in the Protocol to Prevent, Suppress and Punish
Trafficking in Persons, Especially Women and Children,
Supplementing the United Nations Convention Against
Transnational Organized Crime (aka Palermo Protocol) and in
the Council Framework Decision on Combating Trafficking in
Human Beings. The law, which became Article 153-A of the

HONG KONG 00000279 004 OF 012


Macau Criminal Code, introduced new trafficking charges and
expanded the scope of trafficking crimes beyond just those
involving sexual exploitation to include activities with the
purpose of exploitative labor or services, in particular
forced or compulsory labor, slavery, etc. Acts of human
trafficking with the purpose of removing human organs or
tissues are also established as criminal acts, and heavier
punishment is imposed for activities that violate the
provisions of Macau Law 2/96/M (Rules to be Observed in Acts
Involving Donation, Removal and Transplant of Human Organs
and Tissues). The new law does not distinguish between
trafficking into, through, or from Macau, thus inclusively
criminalizing all aspects of trafficking that may occur
across or within Macau's borders. Regarding international
adoption, a perpetrator's act to obtain or give consent to
adoption of a minor by means of receiving or paying money or
other rewards is deemed a criminal act.

(SBU) The new law also provides for minimum and maximum
sentences to be increased by one-third if the trafficking
victim is under the age of 14. The new law amends Articles
77 and 78 of the Macau Criminal Procedure Code to stipulate
that court proceedings related to trafficking crimes
involving a victim under the age of 16 normally shall not
take place in public.

-- B. Punishment of Sex Trafficking Offenses: What are the
prescribed and imposed penalties for the trafficking of
persons for commercial sexual exploitation, including for the
forced prostitution of adults and the prostitution of
children?

(SBU) Under Macau's trafficking law, "a sentence of three to
12 years shall be given to those who turn other people into
slave laborers or a status comparable to impose sexual
exploitation, labor and service exploitation, especially
forced or compulsory labor or service." As mentioned above,
the minimum and maximum sentences are increased by one-third
if the trafficking victim is under the age of 14.

-- C. Punishment of Labor Trafficking Offenses: What are the
prescribed and imposed penalties for labor trafficking
offenses, including all forms of forced labor? If your
country is a source country for labor migrants, do the
government's laws provide for criminal punishment -- i.e.
jail time -- for labor recruiters who engage in recruitment
of workers using knowingly fraudulent or deceptive offers
with the purpose of subjecting workers to compelled service
in the destination country? If your country is a destination
for labor migrants (legal/regular or illegal/irregular), are
there laws punishing employers or labor agents who confiscate
workers' passports or travel documents for the purpose of
labor trafficking, switch contracts without the worker's
consent as a means to keep the worker in a state of compelled
service, or withhold payment of salaries as means of keeping
the worker in a state of compelled service?

(SBU) Under Macau's trafficking law, "a sentence of three to
12 years shall be given to those who turn other people into
slave laborers or a status comparable to impose sexual
exploitation, labor and service exploitation, especially
forced or compulsory labor or service." As mentioned above,
the minimum and maximum sentences are increased by one-third
if the trafficking victim is under the age of 14.

(SBU) Additionally, a sentence of one to five years may be
given to those who retain, hide, spoil or destroy
identification documents or tourist documents of trafficking
victims if no harsher punishment is applicable.

-- D. What are the prescribed penalties for rape or forcible
sexual assault? (NOTE: This is necessary to evaluate a
foreign government's compliance with TVPA Minimum Standard 2,
which reads: "For the knowing commission of any act of sex
trafficking... the government of the country should prescribe
punishment commensurate with that for grave crimes, such as
forcible sexual assault (rape)." END NOTE)

(SBU) The penalty for rape is three to twelve years
imprisonment which is commensurate with prescribed penalties
for sex trafficking. Furthermore, kidnapping with the intent
to commit a crime against sexual liberty or
self-determination is punishable by three to ten years
imprisonment under Article 154(1)(b) of the Criminal Code.
Cases where the kidnapper rapes a victim are treated as two
different crimes, though the sentences can in some cases be
served concurrently.

HONG KONG 00000279 005 OF 012

-- E. Law Enforcement Statistics: Did the government take
legal action against human trafficking offenders during the
reporting period? If so, provide numbers of investigations,
prosecutions, convictions, and sentences imposed, including
details on plea bargains and fines, if relevant and
available. Please note the number of convicted trafficking
offenders who received suspended sentences and the number who
received only a fine as punishment. Please indicate which
laws were used to investigate, prosecute, convict, and
sentence traffickers. Also, if possible, please disaggregate
numbers of cases by type of TIP (labor vs. commercial sexual
exploitation) and victims (children under 18 years of age vs.
adults). What were the actual punishments imposed on
convicted trafficking offenders? Are they serving the time
sentenced? If not, why not?

(SBU) The MSARG in November 2009 won its first conviction
under the anti-TIP law. A local male was sentenced to seven
years, six months' imprisonment for his role in trafficking
two female Macau residents to Japan in October 2008. The
offender has appealed, and the case is awaiting another court
date.

(SBU) Out of the remaining 15 TIP cases identified in 2008,
four cases have won indictments and are awaiting trial, seven
have been closed for lack of evidence, and four remain under
investigation.

(SBU) During the reporting period, the MSARG investigated
eight sex trafficking cases involving eight victims. One case
involved an eight-month investigation that culminated in the
arrest of four men and two women (four men and one woman are
Macau residents, and one woman is from Vietnam) who are
believed to have been running the operation for more than ten
years. The syndicate is believed to have lured the women by
promising them jobs in massage parlors, but then forced them
into prostitution after they arrived in Macau. One of the
victims told police she had been forced to provide sex
services 60-70 times, and all her earnings were confiscated
by the traffickers. Although 19 Thai and Vietnamese women
were rescued from six residential flats, only one victim
agreed to testify. The case remains under investigation with
the Public Prosecutions Office. Four other cases remain
under investigation while three have been temporarily closed
due to lack of evidence.

-- F. Does the government provide any specialized training
for law enforcement and immigration officials on identifying
and treating victims of trafficking? Or training on
investigating and prosecuting human trafficking crimes?
Specify whether NGOs, international organizations, and/or the
USG provide specialized training for host government
officials.

(SBU) The MSARG organized several seminars and hands-on
workshops on investigating and prosecuting TIP crimes, victim
identification and victim assistance. As reported ref C, the
government in March invited prosecutors from several European
countries to share their best practices with nearly 130 Macau
law enforcement officers and prosecutors. In November, the
MSARG funded TIP experts from International Organization for
Migration (IOM) Geneva, Bangkok, Manila and Canberra to train
over 70 police, immigration and social welfare officers. The
three-day workshop focused on victim identification and
protection.

(SBU) Macau officials also attended several USG-sponsored
training courses. One Judiciary Police (JP) officer attended
a week-long Department of Homeland Security-organized seminar
on Forced Child Labor/Human Trafficking/Child Sex Tourism
held in Manila in June. Two JP officers attended the
November ILEA Trafficking In Persons course in Bangkok. Post
in October organized a two-day seminar for an ICE
investigator and DOJ prosecutor to share their expertise with
over 120 frontline police officers and prosecutors.

(SBU) The MSARG continued to educate its law enforcement
personnel on the details and applicability of the 2008
trafficking law through specialized courses throughout the
year. In 2009, nearly 500 officers received dedicated
training on Macau's TIP law.

--G. Does the government cooperate with other governments in
the investigation and prosecution of trafficking cases? If
possible, provide the number of cooperative international
investigations on trafficking during the reporting period.

HONG KONG 00000279 006 OF 012

(SBU) While there were no cases of joint investigations
between the MSARG and other governments this reporting
period, MSARG officials tell us they continue to seek
opportunities to expand their cooperation with other
governments on anti-trafficking matters. The Committee will
be traveling to Japan in spring 2010 to meet with their
counterparts in the Japanese government and NGOs to exchange
ideas on fighting TIP. Although the MSARG and Mongolian
governments are still in the final stages of negotiating a
formal Memorandum of Understanding on law enforcement
cooperation, Mongolian authorities regard cooperation with
working-level Macau officials as "very good" (ref D).

-- H. Does the government extradite persons who are charged
with trafficking in other countries? If so, please provide
the number of traffickers extradited during the reporting
period, and the number of trafficking extraditions pending.
In particular, please report on any pending or concluded
extraditions of trafficking offenders to the United States.

(SBU) Although Macau did not extradite any traffickers during
the reporting period, it does have agreements with Portugal
and East Timor that provide for the extradition of criminals,
including those involved in trafficking, apprehended in Macau.

-- I. Is there evidence of government involvement in or
tolerance of trafficking, on a local or institutional level?
If so, please explain in detail.

(SBU) There was no evidence or allegations of government
involvement in or tolerance of trafficking during the
reporting period.

-- J. If government officials are involved in human
trafficking, what steps has the government taken to end such
complicity? Please indicate the number of government
officials investigated and prosecuted for involvement in
trafficking or trafficking-related criminal activities during
the reporting period. Have any been convicted? What
sentence(s) was imposed? Please specify if officials received
suspended sentences, or were given a fine, fired, or
reassigned to another position within the government as
punishment. Please indicate the number of convicted officials
that received suspended sentences or received only a fine as
punishment.

(SBU) There was no evidence or allegations of government
involvement in or tolerance of trafficking during the
reporting period.

-- K. For countries that contribute troops to international
peacekeeping efforts, please indicate whether the government
vigorously investigated, prosecuted, convicted and sentenced
nationals of the country deployed abroad as part of a
peacekeeping or other similar mission who engaged in or
facilitated severe forms of trafficking or who exploited
victims of such trafficking.

(SBU) Not applicable to Macau.

-- L. If the country has an identified problem of child sex
tourists coming to the country, what are the countries of
origin for sex tourists? How many foreign pedophiles did the
government prosecute or deport/extradite to their country of
origin? If your host country's nationals are perpetrators of
child sex tourism, do the country's child sexual abuse laws
have extraterritorial coverage (similar to the U.S. PROTECT
Act) to allow the prosecution of suspected sex tourists for
crimes committed abroad? If so, how many of the country's
nationals were prosecuted and/or convicted during the
reporting period under the extraterritorial provision(s) for
traveling to other countries to engage in child sex tourism?

(SBU) Macau did not have an identified child sex tourism
problem and did not have any cases involving child sex
tourism during the reporting period.


Para 28: PROTECTION AND ASSISTANCE TO VICTIMS
----------------- ---------------------------

-- A. What kind of protection is the government able under
existing law to provide for victims and witnesses? Does it
provide these protections in practice?

(SBU) Under Macau's TIP law, law enforcement must "protect

HONG KONG 00000279 007 OF 012


the victim secretly and free of charge to ensure that he or
she can have a proper temporary shelter where he or she can
be assured of personal security and obtain necessary and
proper psychological, medical and social, economical and
legal assistance." Victims and/or witnesses determined to be
at high-risk of being harmed by their traffickers if found
are to be placed under 24-hour police protection at an
undisclosed shelter. While the police have not needed to
provide 24-hour police protection to any victims to date, the
Social Welfare Bureau (SWB) and Hospital Authority have
provided nearly all identified TIP victims with shelter, and
with psychological, medical, social, economic and legal
assistance.

(SBU) Macau law also provides that before and after a trial,
the disclosure of a victim's identity in the media is
prohibited.

-- B. Does the country have victim care facilities (shelters
or drop-in centers) which are accessible to trafficking
victims? Do foreign victims have the same access to care as
domestic trafficking victims? Where are child victims placed
(e.g., in shelters, foster care, or juvenile justice
detention centers)? Does the country have specialized care
for adults in addition to children? Does the country have
specialized care for male victims as well as female? Does
the country have specialized facilities dedicated to helping
victims of trafficking? Are these facilities operated by the
government or by NGOs? What is the funding source of these
facilities? Please estimate the amount the government spent
(in U.S. dollar equivalent) on these specialized facilities
dedicated to helping trafficking victims during the reporting
period.

(SBU) The MSARG has designated 21 beds for trafficking
victims of any nationality in an existing women's shelter
managed by SWB. Child victims are placed in an NGO-run home
for minors. The child is not identified as a trafficking
victim but instead is assimilated into the larger home with
peers of the same age.

(SBU) To ensure foreign victims can communicate easily with
Macau officials, the MSARG has enlisted local NGO Good
Shepherd Shelter (GSS) to help identify willing interpreters
for several foreign languages. Macau police and SWB now have
a list of 13 people who can be called on to serve as
translators for at least one of the following languages:
Vietnamese, Thai, Mongolian, Tagalog, Hindi, Indonesian,
Korean, and Burmese.

-- C. Does the government provide trafficking victims with
access to legal, medical and psychological services? If so,
please specify the kind of assistance provided. Does the
government provide funding or other forms of support to
foreign or domestic NGOs and/or international organizations
for providing these services to trafficking victims? Please
explain and provide any funding amounts in U.S. dollar
equivalent. If assistance provided was in-kind, please
specify exact assistance. Please specify if funding for
assistance comes from a federal budget or from regional or
local governments.

(SBU) SWB and Health Bureau, with the help of several local
NGOs, provide trafficking victims with an array of legal,
medical and psychological counseling services. SWB offers
counseling, shelter, financial assistance and referrals to
legal counseling and judicial assistance. SWB encourages all
victims to undergo a complete medical exam that includes
testing for sexually-transmitted diseases (STDs). If doctors
discover STDs, they would issue free medication. Clinical
psychologists are on-site at the SWB-run TIP shelter to
conduct initial assessments and follow-up counseling if
needed. While at the shelter, victims receive a monthly
stipend of MOP2,640 (equivalent to USD 343 and the same
amount as the minimum living index for a Macau household of
one) disbursed in weekly installments.

-- D. Does the government assist foreign trafficking victims,
for example, by providing temporary to permanent residency
status, or other relief from deportation? If so, please
explain.

(SBU) All trafficking victims, regardless of nationality,
receive temporary shelter and appropriate legal, medical,
economic, and social assistance while they remain in the
MSAR. Macau law does not provide for issuing permanent
residency status to foreign trafficking victims. As a

HONG KONG 00000279 008 OF 012


result, the MSARG will assist the victims (including paying
for transportation) to return to their home countries.

-- E. Does the government provide longer-term shelter or
housing benefits to victims or other resources to aid the
victims in rebuilding their lives?

(SBU) There is no time limit on how long victims can stay at
the SWB-run TIP shelter, although previous victims have
generally stayed only a few weeks. SWB officials told us
most victims were eager to return to their home country.
While at the shelter, SWB has arranged for victims to enroll
in computer and seamstress classes offered by local NGO GSS
to learn marketable skills for future employment. SWB also
has worked with GSS in Macau to identify GSS personnel in
several Southeast Asian countries who would continue to aid
in the rehabilitation and integration of victims in their
home countries.

-- F. Does the government have a referral process to transfer
victims detained, arrested or placed in protective custody by
law enforcement authorities to institutions that provide
short- or long-term care (either government or NGO-run)?

(SBU) After victims have provided their initial statements to
law enforcement authorities, they are transferred directly to
SWB that would process the types of assistance desired by the
victim. SWB has dedicated after-hours phone numbers for law
enforcement use. In the rare case where SWB cannot be
reached, the police can also directly refer a victim to a
designated NGO who can offer emergency shelter. SWB and the
Judiciary Police in November signed an agreement to further
strengthen cooperation between the two entities, formalizing
the referral mechanism and procedures they have been using
since 2008.

-- G. What is the total number of trafficking victims
identified during the reporting period? (If available,
please specify the type of exploitation of these victims -
e.g. "The government identified X number of trafficking
victims during the reporting period, Y of which were victims
of trafficking for sexual exploitation and Z of which were
victims of nonconsensual labor exploitation.) Of these, how
many victims were referred to care facilities for assistance
by law enforcement authorities during the reporting period?
By social services officials? What is the number of victims
assisted by government-funded assistance programs and those
not funded by the government during the reporting period?

(SBU) Macau law enforcement identified eight trafficking
victims during the reporting period, all of whom were victims
of trafficking for sexual exploitation. (Waiting for info
from MSARG on types of assistance received from SWB).

-- H. Do the government's law enforcement, immigration, and
social services personnel have a formal system of proactively
identifying victims of trafficking among high-risk persons
with whom they come in contact (e.g., foreign persons
arrested for prostitution or immigration violations)? For
countries with legalized prostitution, does the government
have a mechanism for screening for trafficking victims among
persons involved in the legal/regulated commercial sex trade?

(SBU) Macau's law enforcement, immigration, and social
services personnel have a standard set of guidelines for
proactively identifying potential trafficking victims through
interviews and assessment. Police officers look for certain
indicators of exploitation/abuse among persons they encounter
during raids of vice establishments.

-- I. Are the rights of victims respected? Are trafficking
victims detained or jailed? If so, for how long? Are
victims fined? Are victims prosecuted for violations of
other laws, such as those governing immigration or
prostitution?

(SBU) Rights of victims are respected. Identified
trafficking victims are not detained, jailed or prosecuted
for violations of other laws.

-- J. Does the government encourage victims to assist in the
investigation and prosecution of trafficking? How many
victims assisted in the investigation and prosecution of
traffickers during the reporting period? May victims file
civil suits or seek legal action against traffickers? Does
anyone impede victim access to such legal redress? If a
victim is a material witness in a court case against a former

HONG KONG 00000279 009 OF 012


employer, is the victim permitted to obtain other employment
or to leave the country pending trial proceedings? Are there
means by which a victim may obtain restitution?

(SBU) MSARG policy is to always encourage victims to assist
in the investigation and prosecution of trafficking crimes.
However, in practice, victims are reluctant to do so. One
contributing factor might be the fact that foreign victims
are not allowed to work while waiting to testify in court.
While at the SWB shelter, their source of "income" is the
monthly stipend of MOP2,640 (equivalent to USD 343 and the
same amount as the minimum living index for a Macau household
of one) the MSARG provides them. MSARG social welfare
providers and police tell us most victims are eager to return
to their country of origin, and once they have provided
officials their formal statements, they are free to leave
Macau. While under Macau law, a witness's statement can be
used in court, Macau prosecutors are concerned that not
having victims provide live testimony during an actual trial
could weaken the government's case against alleged
traffickers. They fear initial statements taken by police
sometimes might fail to capture the entire situation,
potentially creating holes in the case. Prosecutors
generally try to arrange for victims to provide pre-trial
testimonies in front of a judge as an alternative but are not
always successful.

-- K. Does the government provide any specialized training
for government officials in identifying trafficking victims
and in the provision of assistance to trafficked victims,
including the special needs of trafficked children? Does the
government provide training on protections and assistance to
its embassies and consulates in foreign countries that are
destination or transit countries? What is the number of
trafficking victims assisted by the host country's embassies
or consulates abroad during the reporting period? Please
explain the type of assistance provided (travel documents,
referrals to assistance, payment for transportation home).

(SBU) As mentioned above, Macau's front-line law enforcement
and immigration officers and social workers in 2009 received
training through several USG-sponsored courses and
locally-organized seminars featuring foreign experts in
victim identification and assistance.

(SBU) Macau does not have diplomatic missions abroad.

-- L. Does the government provide assistance, such as medical
aid, shelter, or financial help, to its nationals who are
repatriated as victims of trafficking?

(SBU) Although Macau is not a country of origin for
internationally trafficked men, women or children, all the
assistance mentioned above are available to Macau residents
who are repatriated as victims of trafficking.

-- M. Which international organizations or NGOs, if any, work
with trafficking victims? What type of services do they
provide? What sort of cooperation do they receive from local
authorities?

(SBU) The Women's General Association of Macau receives
government funding to run a TIP victim assistance hotline and
provide basic assistance to trafficking victims to supplement
the services provided by SWB. The Good Shepherd Sisters
continues to provide shelter and assistance to all women in
need, including trafficking victims. International Social
Service (ISS) Hong Kong currently provides legal and
counseling services to victims who manage to travel from
Macau to Hong Kong. GSS' director told us she felt the MSARG
had increased its engagement with and support of NGOs' work
in the past year.


Para 29 PREVENTION
------------------

-- A. Did the government conduct anti-trafficking information
or education campaigns during the reporting period? If so,
briefly describe the campaign(s), including their objectives
and effectiveness. Please provide the number of people
reached by such awareness efforts, if available. Do these
campaigns target potential trafficking victims and/or the
demand for trafficking (e.g. "clients" of prostitutes or
beneficiaries of forced labor)? (Note: This can be an
especially noteworthy effort where prostitution is legal.
End Note.)

HONG KONG 00000279 010 OF 012

(SBU) The MSARG continued to develop innovative and varied
anti-trafficking public education campaigns. As reported ref
B, the Committee provided approximately MOP 20,000
(equivalent to USD 2598) to local NGO GSS to print booklets
featuring the 55 anti-TIP poster entries by secondary schools
students for a contest GSS ran in March. The initial print
of 2000 booklets were distributed along with an MTV-produced
video that warns of the different types of traps potential
TIP victims may encounter. The Public Security Police also
featured one of the posters on the front of a pocket 2010
calendar that was distributed throughout the territory. The
calendar also listed the two dedicated TIP hotline numbers.

(SBU) The Committee in January 2010 launched a website to
educate the public about TIP and inform them of the
government's anti-TIP activities. In this initial rollout,
the website currently contains information on the number of
TIP cases identified, government activities, victim
assistance measures, and public education materials.
Information on relevant international TIP covenants and
Macau's own TIP law, definitions of TIP, and indicators of
TIP crimes can also be found on the website.

(SBU) Although all TIP victims identified so far have been
trafficked for sexual exploitation, the MSARG wanted to
ensure the foreign labor force was knowledgeable about their
rights under Macau law. At health centers where foreign
workers go for required medical tests, the Health Bureau
installed television terminals to broadcast an MTV-produced
TIP video and several local television TIP public service
announcements. The Immigration Department also broadcast the
same materials on televisions stationed in the waiting area
of its office dealing with foreigners.

(SBU) The MSARG continued to display brochures and posters in
English, Portuguese and Chinese at border checkpoints,
hospitals, pharmacies, government offices, and popular public
gathering areas. The government ran radio and television
public service announcements on Macau's most popular
television and radio channels.

-- B. Does the government monitor immigration and emigration
patterns for evidence of trafficking?

(SBU) The MSARG has identified certain high risk groups for
trafficking and has increased monitoring of them at border
control points. MSARG immigration and customs officials
continue to exchange intelligence about suspected illegal
migration with mainland and Hong Kong counterparts.

-- C. Is there a mechanism for coordination and communication
between various agencies, internal, international, and
multilateral on trafficking-related matters, such as a
multi-agency working group or a task force?

(SBU) The inter-governmental Human Trafficking Deterrent
Measures Concern Committee serves as the vehicle for
coordination and communication between the various MSARG
departments as well as with foreign organizations involved in
combating human trafficking. With representatives from the
Security, Administration and Justice, Social Welfare and
Culture bureaus, the Committee is able to discuss and
coordinate internally on a range of TIP-related issues and
speak with a united voice to external partners. The
Committee meets monthly to assess the government's existing
anti-TIP initiatives and strategize on future direction of
their overall anti-trafficking efforts.

-- D. Does the government have a national plan of action to
address trafficking in persons? If the plan was developed
during the reporting period, which agencies were involved in
developing it? Were NGOs consulted in the process? What
steps has the government taken to implement the action plan?

(SBU) The government began drafting a five-year Action Plan
in the latter half of the reporting period. The
International Law Office under the Administration and Justice
Bureau is lead drafter with input from all members of the
anti-trafficking committee. The Action Plan is expected to
be completed in 2010.

-- E: Required of all Posts: What measures has the government
taken during the reporting period to reduce the demand for
commercial sex acts? (please see ref B, para. 9(3) for
examples)
(SBU) Waiting for MSARG response.

HONG KONG 00000279 011 OF 012

-- F. Required of all Posts: What measures has the government
taken during the reporting period to reduce the participation
in international child sex tourism by nationals of the
country?

(SBU) Macau did not have an identified problem of its
nationals participating in international child sex tourism.

-- G. Required of posts in countries that have contributed
over 100 troops to international peacekeeping efforts
(Argentina, Australia, Austria, Bangladesh, Belgium, Benin,
Bolivia, Brazil, Burkina Faso, Cameroon, Canada, Chile,
China, Cote d'Ivoire, Croatia, Denmark, Egypt, El Salvador,
Ethiopia, Fiji, Finland, France, Gambia, Germany, Ghana,
Guatemala, India, Indonesia, Ireland, Italy, Jordan, Kenya,
Korea (ROK), Malawi, Malaysia, Mongolia, Morocco, Nepal,
Niger, Nigeria, Norway, Pakistan, Peru, Philippines, Poland,
Portugal, Russia, Rwanda, Senegal, Slovakia, South Africa,
Spain, Sri Lanka, Tanzania, Togo, Tunisia, Turkey, Uganda,
Ukraine, United Kingdom, Uruguay, Yemen, Zambia, and
Zimbabwe): What measures has the government adopted to ensure
that its nationals who are deployed abroad as part of a
peacekeeping or other similar mission do not engage in or
facilitate severe forms of trafficking or exploit victims of
such trafficking? If posts do not provide an answer to this
question, the Department may consider including a statement
in the country assessment to the effect that "An assessment
regarding Country X's efforts to ensure that its troops
deployed abroad for international peacekeeping missions do
not engage in or facilitate trafficking or exploit
trafficking victims was unavailable for this reporting
period."

(SBU) Not applicable to Macau.


Para 30: PARTNERSHIPS
---------------------

-- A. Does the government engage with other governments,
civil society, and/or multilateral organizations to focus
attention and devote resources to addressing human
trafficking? If so, please provide details.

(SBU) The Macau government continues to seek opportunities to
enhance its partnerships with civil society, other
governments, and international organizations. After working
with Interpol and the Japanese government in 2008 to rescue
two Macau females trafficked to Japan, the Committee has
again reached out to its Japanese counterparts to further
enhance their partnership. The Committee in spring 2010 will
be leading a delegation to Japan for an exchange on fighting
TIP. As reported ref D, working-level Macau officials
continue to have very good partnerships with their Mongolian
counterparts despite not having a formal MOU on law
enforcement cooperation. The MSARG continues to participate
in the Bali Process on People Smuggling.

(SBU) As reported in ref B, the Committee was proactive in
reaching out to GSS Director Sr. Juliana Devoy to seek her
input on the government's TIP victim assistance guidelines
and content to be featured on its website. The Committee
also collaborated with GSS to produce and distribute 2000
booklets featuring anti-TIP posters submitted by secondary
school students for a contest GSS held in March. The
Committee reached out to International Organization for
Migration to learn from IOM's extensive experience in
assisting TIP victims. The MSARG funded and organized a
three-day workshop for IOM experts from several countries to
train more than 70 police, immigration and social welfare
officers.

-- B. What sort of international assistance does the
government provide to other countries to address TIP?

(SBU) Post is not aware of any assistance the Macau
government provided to other countries to address TIP.

4. (U) Post point of contact is Poloff Lisa Tam, tel: (852)
2841-2139, fax: (852) 2526-7382, email: TamLY@state.gov.

5. (U) Hours spent on drafting this report cable:

FS4-95
FS2-2
FS1-2

HONG KONG 00000279 012 OF 012


MARUT

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