Making AICHR work for Asean citizens

The Nation NEWS

FOR THE NEXT TWO WEEKS, Thailand will be on the look-out for an ideal person to serve as the Thai representative of the upcoming Asean Intergovernmental Commission for Human Rights (AICHR). The candidate must be willing to work for free and be keen to promote human rights in the most diverse, if not difficult, region in the world. Knowledge of Asean affairs, especially the human rights situation, a good track record of human rights protection and an excellent command of English are a must. During the three-year stint, the successful candidate will be given a free hand in managing a Bt1-million fund to support activities or plan of actions related to human rights within the country and Asean. Other expenses related to AICHR will be paid by the government.

Indonesia , Philippines and Malaysia, which have their own national human rights commissions, are expected to do the same. The remaining members would either stick to their High Level Panel (HLP) members who helped draft the AICHR terms of reference or pick a new government representative. At least half of HLP members will probably return as the commissioners. They consider themselves the gatekeepers.

Against this background, independent human rights experts are pivotal to ensure that the rights body would perform its dual functions to promote and protect human rights in balanced ways, without discrimination. A majority of Asean members preferred human rights promotion than protection - this bone of contention remains. However, at last week's meeting between members of Asean-based civil society groups and HLP in Jakarta, both sides expressed their willingness to work together to ensure AICHR will serve the 590 million Asean citizens despite their unresolved disagreements over the terms of reference (TOR). The AICHR will need all the help it can get from all stakeholders from the formal and informal sectors.

To provide such assurance, the HLP will issue a political declaration at the Asean summit in Cha-am, Hua Hin to reiterate Asean's political will to promote and protect human rights and fundamental freedoms, and to indicate Asean's vision for the development of human rights cooperation. At the moment, quite a few HLP members have already submitted their own versions with different emphasis and twists. Last week, a coalition of 70 Asian civil society groups also released its own political declaration calling for the establishment of a regional human rights court.

Civil society groups expect the AICHR's so-called evolutionary process would be an accelerated one and eventually incorporate all features of the existing regional mechanisms as in Europe or Africa. The TOR-AICHR will be reviewed in five years - quite a long time from non-governmental organisations' point of view. They encourage pro-human rights Asean members to push the envelope and serve as models for other recalcitrant members to emulate through pragmatism and actions. During the painstaking deliberation, majority of HLP members refused to give mandate to the AICHR for cross-country work - receive complaints, monitor and investigate human rights abuses.

Once it is launched in October, it remains to be seen how the AICHR will proceed next year when Vietnam succeeds Thailand as the Asean chair. Vietnam has already set up a national committee for Asean Chairmanship to identify issues and objectives that Asean would like to achieve under its leadership. At the Asean summit in March, Vietnam welcomed the dialogue between the Asean leaders and civil society sectors and subsequently urged them to work out a modality for the institutionalisation of the interface. Vietnam's plan of action will greatly impact on the relations between Asean and civil society groups as well as the future direction of human rights cooperation.

Vietnam's huge challenge ahead will be how to cope with the growing empowerment of the people's sector inside and in Asean. They are better equipped to articulate, monitor and lobby for issues related to Asean-wide protection of human rights and people-oriented causes. Under the Thai chair, they have been holding repeated dialogues directly with the HPL members and working with the pro-human rights Asean members. They have learned to appreciate the limits and potential of Asean and its cooperation on sensitive issues. They now have a more realistic view of Asean.

Looking ahead, certain articles of the TOR-AICHR could be used wisely to tackle sensitive issues as the commissioners have the mandate and function to take initiatives on human rights. Take for instance, the Article 4.8, which states that the AICHR must engage in dialogue and consultation with other Asean bodies, including civil society organisations and other stakeholders. This provides a window for the commissioners to continue the dialogue with the civil society groups.

Furthermore, Article 4.10 states in general terms that one of the AICHR functions is to obtain information from Asean on the promotion and protection of human rights. Information can be anything that the AICHR desires. So there is still room for manoeuvre. Eventually, each of the 10 commissioners would make a difference, either to push Asean human rights to a new plateau or to make a mockery of Asean aspirations.

However, the biggest spoiler is Article 2.1.b on the non-interference in the internal affairs of Asean members. After 42 years, this long-held and much-abused principle is under scrutiny. While most of the Asean members still respect this protective shield, others want to move ahead with ongoing regional and global diplomatic dynamics, dwelling on collective responsibilities and shared norms. The litmus test will come soon when the current Asean chair submits the Asean statement on Burma calling for Aung San Suu Kyi's freedom, which will be signed by only half of the Asean members (Thailand, Indonesia, Malaysia, Philippines, and Singapore). For the first time, Asean is washing its dirty linen for all to see. This Asean core group does not want to be held hostage by Burma's intransigence and lack of credibility anymore.

This is a good sign for the future Asean Community. Substantive changes of policies and practices on Burma would come from these members, after all they were the original drafters of the non-interference principle 33 years ago, which are currently asking for broader interpretations and applications.

Malaysia postpones caning of woman for Ramadan

AMNESTY INTERNATIONAL

Authorities in Malaysia on Monday postponed the caning of a Muslim woman convicted of drinking alcohol in public, until the end of the Islamic holy month of Ramadan.

Welcoming the temporary reprieve, Amnesty International called on the Malaysian government to stop using the penalty of caning altogether.

“This case highlights the epidemic of caning and flogging going on in Malaysia,” said Sam Zarifi, Amnesty International’s Asia-Pacific director.

“Since 2002, more than 35,000 people have been caned or flogged, most of them irregular migrants.”

Kartika Sari Devvi Shukarno was to be remanded at the Kajang women's prison in the state of Pahang from Monday, where she was to be caned within seven days.

According to media reports, she was being driven from her father's house to the prison, when the van she was in turned around and brought her back.

Authorities in Pahang said the delay would run until the month of fasting ends. Monday was the third day of Ramadan.

Kartika Sari Devvi Shukarno, 32, was sentenced to six strokes of the cane for drinking beer in a hotel bar in December 2007. She was also fined RM5,000 (approximately US$ 1,400) by a court administering Islamic Shariah law in the Malaysian state of Pahang after she pleaded guilty to the offence.

She has not appealed against her sentence. If the caning goes ahead she will be the first woman in Malaysia to be punished in such a way.

In June 2009, the Malaysian government announced that they had sentenced 47,914 migrants to be caned for immigration offences since amendments to its Immigration Act came into force in 2002. At least 34,923 migrants have so far been caned between 2002 and 2008, according to the country’s prison department records.

Amnesty International called for the government to repeal all laws providing for caning and all other forms of corporal punishment.

“Caning is a form of cruel, inhuman and degrading punishment and is prohibited under international human rights law,” said Sam Zarifi. “The Malaysian government should do all it can to stop this inhumane punishment being used in any circumstance.”

Caning is currently used as a supplementary punishment for at least 40 crimes in Malaysia, but this is the first time it has been used against anyone found guilty of violating the country’s religious laws. The Shariah law applies only to Muslims, who make up 60 percent of the country’s 28 million population.

Police seize explosives, weapons in illegal settlement

newstraitstimes

An illegal settlement deep in the Bukit Kiara View jungle near Desa Sri Hartamas, Kuala Lumpur, where explosives and weapons were found by police today.

KUALA LUMPUR, Fri: Police today seized five explosives, four detonators and 38 sharp weapons, including long machetes and axes, in an illegal settlement in the Bukit Kiara View jungle near Desa Sri Hartamas here.

Brickfields OCPD ACP Wan Abdul Bari Wan Abdul Khalid said the weapons were found during a follow-up of yesterday's operation against illegal immigrants in the area.

"We had to call off the operation at 7pm yesterday due to heavy rain. Furthermore, the site is located deep in the jungle. We resumed the operation at 3pm today and found the weapons," he told reporters at the Travers police station here today.

He said the case would be investigated under the Corrosive Substances, Explosives and Dangerous Weapons Act 1958.

Thirty-eight policemen and 16 Rela personnel were involved in the operation where they carried out checked on 23 Indonesians residing in the area. Police arrested an Indonesian man and woman who had no valid documents. -- BERNAMA

Man faces 35 years for alleged human smuggling

Associate Press

KUALA LUMPUR, Malaysia -- A Malaysian man faces up to 35 years in prison for smuggling 12 people from Myanmar into the country, while his two sons and their maid pleaded not guilty to the crime, an official said Friday.

The four were the latest to be charged with human trafficking since June, when the U.S. State Department marked Malaysia as one of the world's worst offenders.

Sahaidi Salleh, a jobless man, pleaded guilty to trafficking nine adults and three children from Myanmar, said Mohamad Zaidi Che Morad, an immigration official in northern Kelantan state. Sahaidi's two sons, 19 and 21, and their maid, 25, pleaded not guilty and were expected to stand trial, he said.

Trafficking in children carries a minimum jail term of three years and maximum term of 20 years. Smuggling adults is punishable by up to 15 years in jail.

Sahaidi was imprisoned pending sentencing on Sept. 15, Mohamad Zaidi said. The other three were also jailed after failing to post bail of 11,000 ringgit ($3,100) each, he said. The Myanmar nationals were smuggled into the country across a river from neighbouring Thailand, Mohamad Zaidi said.

The group, including five ethnic Rohingyas and two ethnic Chin, were rescued from Sahaidi's house in Kelantan on Aug. 9 and are now staying in a shelter. They will not be charged with entering Malaysia illegally because they are considered victims of human trafficking. The youngest child is 2.

Mohamad Zaidi said investigations revealed they paid up to 2,000 ringgit ($570) each for the journey from Myanmar to Malaysia. Saihaidi received up to 500 ringgit ($141) per migrant. "We're still trying to investigate. It's a wide connection ... It's transnational," Mohamad Zaidi said, adding it was difficult to go after human traffickers in Thailand and Myanmar. He said the network also involved express bus operators in Malaysia who ferry the illegals.

The United States is reviewing Malaysia's efforts to fight human trafficking until October after it gave the Southeast Asian country a low ranking in this year's "Trafficking in Persons Report." Activists estimate that hundreds of thousands of people from Myanmar live illegally in Malaysia in addition to 140,000 legal Myanmar migrant workers. The United Nations refugee agency recognizes 43,500 as refugees. Many of those are Chin and Rohingya, who face discrimination in their home country because of their ethnicity and religion.

Chasing the flame

the star online

Today is World Humanitarian Day, a time to honour aid workers killed in the course of duty and those who work in promoting the humanitarian cause.

THE year 2003 will not be one I will easily forget. On April 12 at around 1.30pm, the Mercy Malaysia team in Baghdad, which I led on a humanitarian mission, was caught in a crossfire. We lost two staff – a driver and a local pharmacist. Several team members were injured and for those of us caught in the few minutes of shooting, it will be a memory hard to erase.

My first reaction thereafter was that the humanitarian community was no longer sacrosanct and this would be the beginning of the end of an era where humanitarian workers were recognised for their neutrality, impartiality and sacrifices to do good.

The red crosses, red crescents, ambulance markings, blue and white flags and any other insignia we display to reflect our neutrality meant little to belligerents and the affected population who themselves felt they were under siege.

Not long after, Margaret Hassan, the wonderful “mother” to many Iraqi street children, an aid worker herself with CARE International and our partner in a health rehabilitation programme at the Ibn Al Quff Spinal hospital, was abducted, never to be seen again. I still remember her kind note to me after my injury encouraging me to remain strong and committed to the cause.

The International Committee of the Red Cross office was also shelled that year, further proving the fragile and precarious conditions we faced.

On Aug 19, 2003, exactly six years to the day, the United Nations office in Iraq was bombed and 22 people lost their lives. Among them was Sergio Vieira de Mello, at that time the United Nation’s High Commissioner for Human Rights and Special Representative of the Secretary-General to Iraq. The world stood in shock and confused disbelief that the UN office and the life of its shining star were destroyed in one swift blow.

In the aftermath of the tragedy, de Mello’s family worked tirelessly to having the day recognised and in 2004, his widow Annie Vieira initiated discussions with key personalities in the UN and a number of governments.

At its plenary session on Dec 11, 2008, the UN General Assembly adopted the Swedish-sponsored Omnibus Resolution on “Strengthening of the Coordination of Emergency Humanitarian Assistance of the United Nations”, that carried the historic decision by the world body to designate Aug 19 as World Humanitarian Day to honour all humanitarians and the UN and associated personnel who had lost their lives in the course of duty and those who have worked in the promotion of the humanitarian cause.

In recent years, attacks on aid workers have increased dramatically, forcing international organisations to routinely withdraw staff due to security concerns or in some instances, to close operations.

There can be no justification for attacks on humanitarian workers dedicated to the protection and care of the world’s most vulnerable, and World Humanitarian Day is an important occasion to remember the sacrifices that they have made.

According to the UN Office for Coordination of Humanitarian Affairs, in 2008, 216 humanitarian workers were victims of security incidents, 122 of them fatal.

Attacks on humanitarian workers equal a diminishing space for humanitarian work, which in turn poses perhaps the single biggest challenge faced by humanitarian workers.

Concerned with this increasing lack of humanitarian space, in April this year, ahead of the North Atlantic Treaty Organisation (Nato) Summit, the International Refugee Committee along with 16 major international NGOs operating in Afghanistan sent a letter to delegates urging that Nato troops clearly identify themselves and distinguish military actions from humanitarian activities, as a means of protecting civilians and aid workers.

According to the aid agencies, civilians in Afghanistan are increasingly at risk. In 2008, civilian casualties rose by as much as 40% compared to 2007 and aid worker fatalities doubled to 31 killings. The letter also notes that access to people in need of assistance and protection is consistently deteriorating.

The aid groups stress that military forces, including Nato, endanger the civilians they aim to protect and contravene international law when they do not clearly identify themselves and inadvertently or deliberately blur the lines between military and humanitarian activities.

Several recommendations included the need for military personnel to clearly distinguish themselves and their assets from civilian assets in order to reduce civilian casualties resulting from mistaken identity.

Military forces should not use relief or development activities in an attempt to win people’s hearts and minds for tactical, counter-insurgency or other military objectives. At the very least, international military forces and their contractors should refrain from relief activities when there are civilians capable of delivering assistance.

The provision of basic services by the military where civilian and humanitarian organisations are operating is unnecessary and compromises the security of aid workers.

Alan Vernon, Representative of the United Nations Refugee Agency (UNHCR) in Malaysia commented: “The staff members of humanitarian organisations working in the front line, including the UNHCR, the International Committee of the Red Cross, the Red Cross and Red Crescent Societies, Médecins Sans Frontières and Mercy Malaysia, work day in and day out in the most dangerous places in the world risking their own lives in the effort to help vulnerable populations to preserve theirs. Many of these workers are Malaysians. Ensuring staff safety must be a top priority of every humanitarian organisation and the United Nations as a whole.” Aug 19 is a day to remember not only those humanitarian workers who have lost their lives in the line of duty, but also those who continue to do humanitarian work around the world.

Over the past 10 years working in disasters and conflict, my personal reflection of the changing landscape has led me to believe that we need to find new ways to work in crises.

The face of humanitarianism needs to be diversified and less focused around what is an essentially western construct. Mercy Malaysia, and other so-called “southern NGOs” have an important role to play.

This has been obvious in the several disasters where international NGOs have not been able to gain much access to affected populations whilst Mercy Malaysia staff and volunteers have managed to do so.

In retrospect, the single most important factor was our ability to build trust with communities. This cannot be underestimated and several of our programmes in difficult areas like Afghanistan since 2001 are testimony to this.

Partnership is the cornerstone of success and in many cases, survival. UN agencies and the humanitarian reform process have clearly identified partnership as the base for a more predictable and sustainable humanitarian effort.

“For example, Unicef has for more than 60 years, worked with its partners to protect and respect the dignity and rights of children and women, particularly the most vulnerable who are in need of humanitarian assistance.

“Grounded in the Convention on the Rights of the Child and its Optional Protocols, as well the Convention for the Elimination of all forms of Discrimination against Women, Unicef’s humanitarian response is based upon internationally recognised frameworks including the humanitarian principles of neutrality, impartiality and humanity,” said Youssouf Oomar, Unicef’s Representative to Malaysia.

“At times, however, humanitarian access to civilian populations has been denied by authorities for political or security reasons. Regardless, Unicef, together with its UN partners and other humanitarian agencies such as Mercy Malaysia, work tirelessly to obtain and sustain access to all vulnerable populations and to negotiate such access with all parties of conflict,” he added.

“Days of Peace” is such an example that illustrates Unicef’s work to allow safe passage to areas not normally accessible due to armed conflict. During these “days”, Unicef and its partners work to deliver essential services like immunisations, micronutrient supplementation, de-worming medicine, and breastfeeding counselling.

“We do this because we strongly believe that human suffering must be addressed wherever it is found.

“Unicef involves everyone in creating protective environments for children. We are present to relieve suffering during emergencies and wherever children are threatened, because no child should be exposed to violence, abuse or exploitation,” said Youssouf.

I never knew or worked with Sergio Vieira de Mello but I know many who have. While humanitarianism is not about the man alone and this designated World Humanitarian Day is not only to honour him, I cannot help but admire him for the more than three decades he dedicated his life to save and improve other lives at risk.

His untimely death makes us re-examine the world order and how the pursuit of peace leads us to many compromises, and how passive most of the world remains in the face of many humanitarian crises and horrors.

De Mello believed and chased the flame of humanity. And even if his flame was extinguished at the peak of his career, he can rest knowing he has ignited it in the thousands of humanitarian workers who continue to strive in pursuit of the right of all humans to peace and basic comfort. To all fellow humanitarian workers past and present, I salute you.

Dr Jemilah Mahmood is the founder and former president of Mercy Malaysia. She is currently the chief of the Humanitarian Response Branch of the United Nations Population Fund Headquarters, based in New York.

Myanmar migrants stuck in Malaysia detention camps

Source: AP News

In this photo taken on Thursday, July 23, 2009, an immigration department guard un-cuffs detainees at the Lenggeng detention center, south of Kuala Lumpur, Malaysia. The choice is a tough one _ face the possibility of being sold by an unscrupulous agent or linger in an overcrowded detention center. As Malaysia is cracking down on human trafficking _ following a critical U.S. government report _ the well-intentioned steps are hurting some they are supposed to help. (AP Photo/Mark Baker)

SEPANG, Malaysia — A growing number of immigrants from Myanmar are ending up stuck, often for months, in crowded detention centers in Malaysia designed to hold people for only a few weeks.

Almost 2,800 Myanmarese were detained at camps in July, more than double the 1,200 in January, partly because of a crackdown on human trafficking, a step-up in raids and a slow economy that leaves the migrants without jobs. People from Myanmar, a desperately poor country with a military junta, are now the biggest group among the 7,000 foreigners at detention centers in Malaysia.

At a center near the Kuala Lumpur International Airport, some 120 men sat in neat rows on the floor. Many had their legs drawn to their chests, and all were barefoot. There was not enough space and not enough bedding.

"There is no soap for taking a shower, nothing. They don't give us anything," said Kyaw Zin Lin, 23, who said he fled to avoid being drafted into the Myanmar army. "Every day we eat the food just to survive. ... They treat us like animals."

"It's very difficult to stay here," said Aung Kuh The, a pale 26-year-old. "We have got a lot of problems. Some people, you know, we want to see the doctor but we don't have the chance."

One reason for the rise in detainees is a crackdown on trafficking. A report published in April by the U.S. Senate Committee on Foreign Relations cited firsthand accounts of Myanmarese who said immigration officers turned them over to traffickers.

That practice has all but stopped, Myanmar community leaders in Malaysia say.

Now, though, the Myanmarese are trapped in detention. The Myanmar embassy often takes six months to register its citizens for deportation and charges them 620 ringgit ($180), much more than neighboring Indonesia. By contrast, detainees from other countries are typically deported within a week.

Calls to the Myanmar embassy were repeatedly put on hold and then unanswered. About half the Myanmarese — those fleeing persecution — may qualify for U.N. refugee status, but that process takes up to four months. The others are economic migrants. Some 140,000 Myanmarese work in Malaysia, but foreign workers who are laid off lose the right to stay.

Some Myanmarese have spent more than six months in crowded, dirty detention centers. One man, whose brother was in detention for four months, said he would rather be sold to traffickers from whom he could buy his freedom.

"I prefer to be trafficked," said the man, who would only be identified by his nickname, Ryan, to protect his relatives in Myanmar. "I don't mind paying 2,000 ringgit ($570)."

Five of Malaysia's 13 detention centers are overcrowded; four of the five have large Myanmarese populations, according to the immigration department. Journalists from The Associated Press accompanied the human rights group Amnesty International on a rare visit recently to three detention centers just south of Kuala Lumpur, the country's biggest city.

At the Lenggeng Detention Depot, 1,400 people are crammed into dormitories meant for 1,200. Of them about 300 are from Myanmar.

Hundreds of men jostle each other for room in the bare dormitories. One sleeps on a stone ledge in a bathroom. Each dormitory is fenced by wire mesh and barbed wire, giving detainees just a few meters (feet) of space for walking.

"The detention centers we saw fell short of international standards in many respects, as the immigration authorities themselves acknowledge," said Michael Bochenek of Amnesty International.

"It's a facility of such size that infectious diseases are communicated readily."

Saw Pho Tun, a refugee community leader, said some immigration officers have singled out Myanmarese detainees for rough treatment, beating them and not allowing them medical assistance. Immigration officials deny beating detainees and say everyone has access to medical care.

On July 1, detainees at another center flung their food trays and damaged some of the mesh fence. Immigration officials blamed the riot on frustration about having to stay so long, but detainees say they rioted because they were afraid of abuse.

Most of the blocks have now been shut for repairs, so more than 1,000 detainees — including 700 from Myanmar — were transferred ot other already crowded centers.

Abdul Rahman Othman, the director general of the Immigration Department, said he was taking steps to prevent his officers from being "entangled" in trafficking syndicates. He said officers would be rotated to different posts every three years and have a buddy system to supervise each other.

"Ninety-nine percent of us in immigration are good people," he said, denying the problem is widespread.

Police arrested five officers on trafficking allegations last month. They say their investigations revealed immigration officials took Myanmar immigrants to the Thai border and sold them for up to 600 ringgit ($170) to traffickers. The traffickers then told the migrants to pay 2,000 ringgit ($570) for their freedom, or they would be forced to work in the fishing industry, police said.

Myanmar community leaders said women who failed to pay were sold into prostitution.

Malaysia charges 1, nabs 3 in trafficking raids

etaiwannews

A tourist guide in Malaysia has been charged with trafficking 26 Chinese citizens, while 12 Myanmar nationals were rescued from suspected traffickers in a separate case, officials said Tuesday.

Authorities have conducted several raids to prevent human smuggling since June, when the U.S. State Department called the country one of the world's worst trafficking offenders.

On Monday, a tourist guide pleaded not guilty to trafficking 26 people from Hong Kong at the Kuala Lumpur International Airport earlier this month, said a court official in central Selangor state. She declined to be named, citing policy.

The trafficking charge carries a maximum prison sentence of 20 years. The trial will start Sept. 15, the official said. Lawyers could not immediately be reached.

The New Straits Times newspaper said the Chinese, including six minors aged 15 to 17, were about to fly to Brazil. The report did not say where the Chinese are now, and the prosecutor in the case could not be reached.

In a separate case, authorities rescued 12 Myanmar nationals, including four children, from a house in northern Kelantan state Sunday, said state immigration deputy director Nor Azilawati Mustapha. The youngest child was 2, she said.

Two brothers and their maid were detained. The official said the Myanmar nationals were going to be sent to Kuala Lumpur, the country's biggest city, to work.

She said the Myanmar nationals will not be charged with entering Malaysia illegally because they are considered victims of human trafficking. They are now staying in a shelter.

Malaysia's efforts to combat human trafficking will be reviewed in October by the United States, which has given the Southeast Asian country a low ranking in this year's "Trafficking in Persons Report."

The U.S. State Department's annual report is meant to expose trafficking problems around the world and propose solutions.

6 Myanmar migrants to hang for murder in Malaysia

Philster.com

KUALA LUMPUR (AP) -- A Malaysian court on Thursday sentenced six Myanmar immigrants to death for murdering a man in a gang fight, a lawyer said.

The Kuala Lumpur High Court found the men guilty of using a machete and a screwdriver to kill 21-year-old laborer Sadib Husin on June 26, 2005, said attorney A.S. Dhaliwal, who represents three of the accused.

The men had pleaded innocent, saying they were present during the street clash between rival Myanmar gangs but were not involved in killing Sadib, Dhaliwal said.

Prosecution witnesses, including Husin's brother, who was at the scene, testified that they saw the six men assaulting Husin.

The six will appeal, Dhaliwal said.

Malaysia has a mandatory death penalty for various offenses including murder, drug trafficking or crimes using firearms.

Saying ‘no’ to trafficking

the star online

Much to its dismay, Malaysia has found itself blacklisted in the US State Department 2009 Trafficking in Persons report. Its Tier 3 ranking indicates that Malaysia has just not done enough to combat human trafficking. US ambassador to Malaysia James Keith shares his views on the situation.

Q: Since the release of the US’ Trafficking in Persons (TIP) report 2009 that downgraded Malaysia to Tier 3, have the Malaysian authorities come to the US embassy to see what needs to be done?

A: They have. We have had a number of very good meetings with a range of Malaysian officials. It’s been the Americans, NGOs and Malaysian officials talking in the same room about the same issues. Off the top of my head, I’d say we have had half a dozen meetings or more at different levels with the Malaysian government. The atmosphere has been very good in terms of a desire to get to the facts, and deal on the basis of the facts, and move forward with a real sense of concern for the victims.

The Women, Family and Community Development Ministry has already established a shelter. There is a very real palpable sense that the Malaysian government has decided it really needs to do something. You can see that – from the words of the Foreign Minister highlighting the issues at the NAM summit to actions like the Malaysian authorities sitting down to talk about specific issues and the arrests announced just days ago. So we are seeing across the board a very clear and tangible sense that the Malaysian authorities want to use the anti-trafficking law in a way that is meaningful.

>But some of the language coming out of Malaysia has been to ask the US why the downgrade when the country has done a lot?

>It’s an evolving situation. Certainly, much of the information must have been available to the Malaysian authorities because they were able to take action and make the arrests. We would continue to share whatever information we can and do everything in our power to make this a partnership. Secretary of State (Hilary) Clinton made it clear when the announcement was made that our desire is to partner – to relieve the suffering of these victims.

>Have the authorities shown the political will to address trafficking of labour, particularly of migrant workers?

>In Malaysia, there are three areas we have been working on. We have a good track record of working with the Women, Family and Community Development Ministry on the sex side of it, and we’ll keep working on that. The ministry was kind enough to let me visit one of the shelters for women and one next to it for children. This is an area where we have established good foundation and I am very confident we will continue to build on that.

No doubt you are familiar with the Senate Foreign Committee’s report on allegations of officials’ complicity in the trafficking of refugees and this is related to the most recent arrests (of five senior Johor immigration officials for allegedly trafficking Myanmar refugees).

It is quite clear in this area too that the Malaysian authorities have decided that they have enough evidence to act and there is genuinely the kind of activity that deserves official scrutiny. The third major area is labour. This is a lot more complicated. In Malaysia there are provisions for both trafficking as we define it –“victims who are coerced” and people who are smuggled – who are not victims but willing participants who evade and break the law – which is a very different set of problems. Both are captured in Malaysia’s anti-trafficking law and both are very serious problems that deserve serious attention. But the main one we are talking about is coercive trafficking of victims. This is an important distinction. They are victims and that’s why shelters are so important. They need to be removed from the criminal element and housed with other victims, not with criminals. So it’s been important for us to work through the complexity on the labour side. One thing we think is important is that shelters be established for men in connection with labour trafficking.

There is a serious problem associated with trafficking and men, women and children are potentially involved in labour trafficking either in agriculture or in factories. So it’s both in the countryside and an urban phenomenon. We have had good interaction with the police, Attorney-General’s chambers, the Foreign Ministry and other interested parties. And, of course, the NGOs are focusing on this area too.

> A shelter for trafficked men?

> If you are mixing criminals of different sorts, that’s one thing. But if you are mixing victims with criminals, that’s a mistake even from a fully rational point of view. What the police is trying to do is remove the victims from bad elements, including associations with those who trafficked them. If you mix the perpetrators and victims, that, of course, has a chilling effect on what the victims are willing to say. But if you can separate them in shelters, that gives you an opportunity not only to care for them – because they are not criminals – but also, before they return to their home countries, to get evidence or ensure you can get access to them over time so that they can collect evidence to prosecute the criminals who are responsible. So the shelters are an integral part. The Malaysian government is more than willing to recognise that and is talking about the creation of more shelters.

> But doesn’t this seem to be at a very surface level? So far only 141 victims have passed through the shelter (for women), which is a very small number.

> I don’t pretend to know the true dimensions of the problem. That is something we will find out as the Malaysian authorities tell us. But if the implication is that we need more shelters, that is a good conclusion to draw. From my perspective, we are farther along on the women and children’s side because we have been working at it together for longer. I just don’t know what precisely the plans are but it seems having shelters for men trafficked – which would be more on the labour side – but also more shelters for children is appropriate as part of the next step. I really do think the numbers (trafficked) are larger than the numbers of those in the shelters.

> Immigration officials were charged for human trafficking only after the TIP report was out. Is this a reaction to the Tier 3 status?

> You have to ask the Malaysian authorities about the timing. The Senate Foreign Committee report is something of a comment about globalisation. The first response lies with the Burmese authorities. They are the ones responsible for their citizens coming in from Thailand to Malaysia as refugees. Malaysia deserves credit for helping the UN process the refugees. There has been a long period of back and forth with the Malaysian government on this subject. I suspect the Malaysian authorities have had a long time to develop the information that came out. It did not develop over just several weeks. I have to leave it to the Malaysian authorities to reflect on the precise timing of the announcement. Regardless, this is a very welcome development. The Malaysian authorities deserve credit for taking on a serious problem in a serious way.

> Is there a time period for Malaysia to respond to the report?

> Hundred days (Oct 1) from the announcement, but we shouldn’t be focused on that. That’s a process on the American side but I wouldn’t put it as a timetable for Malaysia to respond. It is not a coercive tool from the Americans.

Malaysia is getting serious for its reasons – to protect its own interests and citizens. I think the investigations done and resources applied show a seriousness of purpose. Looking at the American process, there are annual reports that are put out and a review period in which we take a look at the decision, ramifications and after-effects. And there is an opportunity for us to review. It is a relatively short period of time and it is rare that there would be a change in a short period of time. What matters is not really what the American ranking is or timing for the next ranking but the situation on the ground and the extent to which it changes.

Many years ago, South Korea was in Tier 3. A year later they were in Tier 1 because they took on with absolute conviction a programme to reverse the situation that existed years ago. Obviously, we’d love to see Malaysia match the record and move very quickly not because of any American perspective but solely out of concern for the victims.

These are very serious issues we are talking about.

On the labour side, there is a process and it takes time for the Government and societies to work out. We are not looking so much at the tier system but at getting a dialogue or disccussion on these serious issues. That is what our partnership is based on – mutual interest and mutual respect – with the Malaysian authorities to change the situation on the ground so that trafficking is less of a problem not only here but in the region. This is an important issue for Asean to take up because it is an important regional issue. It starts in Burma (Myanmar) and spreads to other countries in Asean. But first and foremost, the Burmese government should take some responsibility for this.

> Are the other countries also in Tier 3 taking the report seriously? Some would say what’s the big deal about being in Tier 1, Tier 2 or 3?

> In some ways, I agree it is not about the tier system but the situation on the ground. But if you see the victims and talk to them – these are people whose lives are just shattered. Most of them have been completely sincere and honest in the way they got into this. They thought they were paying someone to help them in a legitimate way or were getting a legitimate job only to discover they have been cast into a personal hell. They are really shattered people who need help. It’s not about tiers and government. It’s about people in the end.

Certainly tradition, history and culture are bound up in this in many countries and some take the suffering of these victims more seriously than others. I am gratified to see the Malaysian authorities take the suffering of these victims so seriously.