KI Media: “Thaksin party wins landslide Thai election victory [-So far, Puea Thai wins 264 seats]” plus 23 more

BANGKOK—The sister of Thailand's fugitive former prime minister led his loyalists to a landslide election victory Sunday, a stunning rout of the military-backed government that last year crushed protests by his supporters with a bloody crackdown that left the capital in flames.

Tweet Be the first to Tweet this!.ShareThis .The results pave the way for Thaksin Shinawatra's youngest sister, widely considered his proxy, to become the nation's first female prime minister -- if the coup-prone Thai army accepts the results.

The Southeast Asian kingdom has been wracked by upheaval since 2006, when Thaksin was toppled in a military coup amid accusations of corruption and a rising popularity that some saw as a threat to the nation's much-revered monarchy.

The coup touched off a schism between the country's haves and long-silent have-nots -- pitting the marginalized rural poor who hailed Thaksin's populism against an elite establishment bent on defending the status quo that sees him as a corrupt autocrat. Last year's violent demonstrations by "Red Shirt" protesters -- most of them Thaksin backers -- and the subsequent crackdown marked the boiling over of those divisions.

On Sunday, though, they played out at the ballot box in a vote that will decide the shape of Thailand's fragile democracy.

The Pheu Thai party was led to an overwhelming victory by Thaksin's 44-year-old sister, Yingluck Shinawatra, a U.S.-educated businesswoman hand-picked by her billionaire brother.

He has called her his "clone." The party's slogan is: "Thaksin Thinks, Pheu Thai Acts."

From exile 3,000 miles away in the desert emirate of Dubai, the 61-year-old Thaksin hailed the outcome. "People are tired of a standstill," he said in an interview broadcast on Thai television. "They want to see change in a peaceful manner."

At her party headquarters across town, Yingluck told an electrified crowd of supporters: "I don't want to say that Pheu Thai wins today. It's a victory of the people."

With 98 percent of the vote counted, preliminary results from the Election Commission showed the Pheu Thai party far ahead with 264 of 500 parliament seats, well over the majority needed to form a government. The Democrat party of army-backed incumbent Prime Minister Abhisit Vejjajiva had 160 seats.

Thaksin and his proxies have won the country's last four elections. By contrast, the Democrat party -- backed by big business, the military and circles around the royal palace -- has not won a popular vote since 1992.

Though he has been widely criticized for abuse of power and decried for a streak of authoritarian rule that has profoundly polarized Thailand, Thaksin has nevertheless "become a symbol of democracy for his supporters," said Siripan Nogsuan Sawasdee, a political science professor at Bangkok's Chulalongkorn University.

Thailand's democratic process has been repeatedly thwarted over the years, with 18 successful or attempted military coups since the 1930s.

Thaksin was barred from politics in 2007 and convicted on graft charges the next year. His overthrow was followed by controversial court rulings which removed two of the pro-Thaksin premiers who came after -- one of whom won a 2007 vote intended to restore democracy in the nation of 66 million people.

Events were spurred on by enraged anti-Thaksin "Yellow Shirt" demonstrators, who overran the prime minister's office and shut down both of Bangkok's international airports in 2008, stranding hundreds of thousands of travelers.

After Abhisit was propelled into power by the military-backed maneuverings that followed, pro-Thaksin "Red Shirts," composed largely of the rural poor, took to the streets in protest.

They overran a regional summit in 2009 that saw heads of state evacuated by helicopter off a hotel rooftop.

Last year, Red Shirt protesters poured into Bangkok by the tens of thousands from the countryside, paralyzing the city's wealthiest district for two months. By the time they were crushed by an army crackdown, the capital's glittering skyline was in flames. Some 90 people were killed and around 1,800 were wounded, mostly protesters.

Last week, army chief Gen. Prayuth Chan-ocha reiterated his vow to stay neutral in the vote, dismissing rumors the military would stage another coup.

"The future depends on whether the traditional elite will be willing to accept the voice of the people," Pavin Chachavalpongpun of the Institute of Southeast Asian Studies in Singapore, told The Associated Press.

The more Yingluck's party wins by, he said, "the more stable her government will be, the more difficult it will be for the elite to do anything against it."

In Dubai, Thaksin smiled when asked whether the results would be respected and said he was optimistic justice would prevail. "In Thailand, things are changing," he said. "I don't think a coup d'etat will happen again soon."

Abhisit and his allies have accused Yingluck of plotting Thaksin's return to Thailand through a proposed amnesty for all political crimes committed since 2006. But speaking to reporters Sunday, Thaksin insisted, "I'm not in a hurry to go back."

"I want to see reconciliation happen first. If there is reconciliation, then I will be part of the solution. If I'm part of the problem, then I won't be there. That is OK."

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The Prime Minister of France, Francois Fillon said Saturday that France is ready to help resolve the simmering Cambodian and Thai border conflict, through map provision and other means of peaceful solution.

Fillon's promise was made during a one-hour meeting with Cambodian Prime Minister Hun Sen on Saturday afternoon at the Peace Palace in Phnom Penh.

"At the request by Prime Minister Hun Sen, Fillon said France is ready to provide copies of maps it made at the start of the last century when it ruled Indo-China to help solve out the Cambodian and Thai border dispute," Srey Thamrong, a minister attached to the Prime Minister Hun Sen, told reporters after the meeting.

"Moreover, Fillon said France may also help to find out a peaceful solution for the Cambodian and Thai conflict," he added.

The maps were produced by the Franco-Siamese commission between the period of 1905 and 1908 when France ruled Indo-China.

Cambodia and Thailand have had sporadic border conflicts over a territorial dispute near the Preah Vihear temple since the UNESCO listed the 11th century Preah Vihear temple as a World Heritage Site on July 7, 2008.

Thailand claims the ownership of 4.6 square kilometers (1.8 square miles) of scrub next to the temple.

Since then, both sides have built up military forces along the border and periodic clashes have happened, resulting in the deaths of troops and civilians on both sides.

Francois Fillon arrived in Phnom Penh on Saturday for a two-day visit at the invitation of Prime Minister Hun Sen.

SEOUL, July 3 (Yonhap) -- South Korea and Cambodia have agreed to closely cooperate in the investigation into suspicions that a scandal-ridden South Korean lender concealed hundreds of billions of won in several development projects in the Southeast Asian country, prosecution officials in Seoul said Sunday.

The agreement was reached during a meeting between South Korea's Prosecutor-General Kim Joon-gyu and his Cambodian counterpart in Seoul Saturday, they said.

Kim asked his Cambodian counterpart to cooperate in the inquiry into a sum of 419.5 billion won (US$365 million) that Busan Savings Bank allegedly invested in various Cambodian development projects in the form of loans to local companies.

The top prosecutors of South Korea and Cambodia agreed to join hands in the search and retrieval of Busan Savings Bank's investments missing in Cambodia, said the officials.

Most of the Cambodian development projects, including the building of an airport as part of the Camco City Project, a development on the outskirts of Phnom Penh, have been suspended, with much of the investment money remaining unaccounted for.

Cambodia's top prosecutor was in Seoul last week to attend a "world summit" of prosecution chiefs and representatives from 107 nations.

Following Seoul's request last week for help from Canada in extraditing the super-lobbyist Park Tae-gyu, 72, over the Busan Savings Bank Group scandal, Prosecutor General Kim Joon-gyu again requested cooperation.

This time it was from Cambodia in investigating Busan Savings Bank Group's development project in Cambodia and the redemption of concealed properties of the group in Cambodia.

According to the Supreme Prosecutors' Office yesterday, Kim held talks on Saturday at the Supreme Prosecutors' Office building in southern Seoul with the prosecutor general of Cambodia, who was visiting Seoul to attend the World Summit of Prosecutors General. The Cambodian official agreed during the meeting to help Seoul in its investigation.

At the meeting, Kim asked for Cambodia's help to determine "whether the Busan Savings Bank's loan that was invested on the 'Camco City' and 'Campo Airport' projects in Cambodia was properly used."

The prosecutor also requested cooperation on tracing the whereabouts of the money as well as its redemption.

According to prosecutors, Busan Savings Bank Group illegally invested 419.5 billion won ($394 million), including 353.4 billion won on the Camco City Development Project since August 2005 and 66.1 billion won on the development project of a new international airport in Siem Reap since August 2007, by giving out illegal loans to its special purpose companies based in Cambodia.

Most of the group's development projects in Cambodia were halted and the whereabouts of the funds that reached about 600 billion won are unknown, according to the prosecutors.

Prosecutors suspect most of the funds were used to raise secret, illegal funds.

SIEM REAP — An ancient Angkor temple in northwestern Cambodia was reopened to the public on Sunday following the completion of a decades-long renovation project described as the world's largest puzzle.

The restoration of the 11th-century Baphuon monument, one of the country's largest after Angkor Wat, was celebrated with a high-profile ceremony attended by Cambodian King Norodom Sihamoni and French Prime Minister Francois Fillon.

The finished project is the result of half a century of painstaking efforts by restorers to take apart the crumbling tower's 300,000 sandstone blocks and then piece them back together.

"The work at Baphuon has been exceptional," Fillon said at the inauguration event in the northwestern tourist hub of Siem Reap, which drew thousands of Cambodians waving French, Cambodian and European Union flags.

King Sihamoni expressed his people's "profound gratitude to France" for completing the 10-million-euro ($14m), French-funded undertaking.

A French-led team of archaeologists dismantled Baphuon in the 1960s because it was falling apart and laid out its many stone blocks in the surrounding jungle.

Efforts to rebuild the pyramidal structure were interrupted by the civil war in 1970, and the records needed to reassemble it were destroyed by the hardline communist Khmer Rouge which took power in 1975.

In 1995, when the area was again safe to work in, the project -- by then known as the world's biggest three-dimensional puzzle -- was restarted.

Fillon said French archaeologists would next turn their attention to the 2.7-million-euro restoration of the Western Mebon temple in Angkor park.

The Angkor region was the seat of the medieval Khmer empire.

BANGKOK (Reuters) - Thailand's opposition won a landslide election victory on Sunday, led by the sister of former Thai prime minister Thaksin Shinawatra in a triumph for red-shirt protesters who clashed with the army last year.

Exit polls showed Yingluck Shinawatra's Puea Thai (For Thais) party winning a clear majority of parliament's 500 seats, paving the way for the 44-year-old business executive to become Thailand's first woman prime minister.

"I'll do my best and will not disappoint you," she told supporters after receiving a call of congratulations from her billionaire brother, who was ousted in a 2006 coup and lives in Dubai to avoid jail for graft charges that he says were politically motivated.

"He told me that there is still much hard work ahead of us," she told reporters.

With nearly all votes counted, Yingluck's party won a projected 261 seats with Prime Minister Abhisit Vejjajiva's Democrat Party taking 162, according to the Election Commission.

Abhisit conceded defeat. "I would like to congratulate the Puea Thai Party for the right to form a government," he said.

Exit polls by Bangkok's Suan Dusit University showed Puea Thai doing even better, winning 313 seats compared to just 152 for the Democrats, dismal enough to threaten Abhisit's job as party leader.

Yingluck's supporters were jubilant, erupting in roars and cheers as television broadcast the exit polls.

"Number one Yingluck," some shouted. "Prime Minister Yingluck" screamed others, as party members slapped each other on the back.

"Yingluck has helped us and now Puea Thai can solve our problems and they'll solve the country's problems," said Saiksa Chankerd, a 40-year-old government worker.

"People wanted change and they got it," said Kongkiat Opaswongkarn, chief executive of Asia Plus Securities in Bangkok. "It tells you that a majority of people still want most of the things that the ex-prime minister had done for the country in the past."

The size of Puea Thai's victory could usher in much-needed political stability after six years of sporadic unrest that featured the occupation of Bangkok's two airports, a blockade of parliament, an assassination attempt and protests last year that descended into chaotic clashes with the army.

"Chances of blocking Puea Thai in the near term are severely limited," said Roberto Herrera-Lim, Southeast Asian analyst at political risk consultancy Eurasia Group. "The instability everyone has been worried about now looks less likely. The military will have to be pragmatic now."

Yingluck was feted like a rock-star by the red shirts who designated entire communities in Thailand's rugged, vote-rich northeast plateau as "red shirt villages" to help mobilise supporters, each festooned with red flags and Thaksin posters.

"This win is very important because it will determine Thailand's destiny," said Kwanchai Praipana, a red-shirt leader in Udon Thani province, where the movement had set up hundreds of red villages in recent weeks.

The red shirts accuse the rich, the establishment and top military brass of breaking laws with impunity -- grievances that have simmered since the 2006 coup -- and have clamoured for Thaksin's return.

Thaksin said he would "wait for the right moment" to come home. "If my return is going to cause problems, then I will not do it yet. I should be a solution, not a problem," he told reporters in Dubai.

Thaksin, a former telecommunications tycoon, scored landslide election wins in 2001 and 2005 and remains idolised by the poor as the first politician to address the needs of millions living beyond Bangkok's bright lights.

Yingluck electrified his supporters, ran a disciplined campaign and promised Thaksin-style populist policies, including a big rise in the national minimum wage and free tablet PCs for nearly one million school children.

Abhisit had warned of instability if Yingluck won, blaming the red shirts for unrest last year in which 91 people, mostly civilians, were killed. They cast Thaksin as a crony capitalist, fugitive and terrorist who condones mob rule.

But Abhisit's denial that troops were responsible for a single death or injury last year was mocked even in the Democrat stronghold of Bangkok. A web-savvy generation could, with a few mouse-clicks, watch videos on Youtube showing military snipers firing on civilians, eroding his credibility.

Abhisit's backers want Thaksin to serve a two-year prison term. They dismiss Yingluck as a simple proxy for her brother.

Throughout the six-week campaign, the two sides presented similar populist campaigns of subsidies for the poor, improved healthcare benefits and infrastructure investment including high-speed rail systems across the country -- a style of policymaking known in Thailand as "Thaksinomics."

The clear majority should make it easier for the opposition to execute those promises but could also fan inflation if they pursue a plan to lift the minimum wage to 300 baht ($9.70) per day -- a roughly 40 percent increase.

The election is Thailand's 26th since it became a democracy in 1932, ending seven centuries of absolute monarchy. Since then, it has seen 18 military coups or coup attempts.

Opinion polls had predicted Puea Thai would win about 240 seats, short of a majority. In that scenario, smaller parties would have been crucial, possibly helping the Democrats stay in power if they had managed to form a coalition government.

Yingluck said her party was in talks with Chart Thai Pattana, a smaller party with a projected 20 seats, to join hands in parliament and provide some breathing space.

($1 = 30.795 Thai Baht)

Thailand's Democrat government has conceded defeat in Sunday's election – putting Yingluck Shinawatra on course to become the country's first female leader, five years after her brother Thaksin was toppled as prime minister in a coup.

Preliminary results suggest a remarkable turnaround for Thaksin, a billionaire now living as a fugitive in Dubai. Although Yingluck is putatively leader of the Puea Thai party, she is regarded as his proxy.

Yingluck, a 44-year-old businesswoman who entered politics just six weeks ago, cautioned that she was waiting to see the results on Monday. But she added that she had already spoken to the Chart Thai Pattana party, whom she said would take a coalition past the halfway mark in the 500-seat parliament.

"We have tough days ahead and all of this is just the beginning," she said. "I'll do my best and will not disappoint you."

Five hours after polls closed, the election commission projected Puea Thai would win 261 seats with prime minister Abhisit Vejjajiva's Democrats taking just 162. An absolute majority would prevent the weeks of horse-trading to form a coalition that many had expected.

Hundreds of redshirt supporters squeezed into the party's Bangkok headquarters and crowded outside – chanting, cheering and applauding as results came in. Many waved pictures of Yingluck and Thaksin and some let off firecrackers to celebrate.

Moments before Yingluck spoke, Abhisit congratulated the opposition "for the right to form a government". He said he wanted to see unity and reconciliation, and added that the Democrats were ready for opposition.

Analysts have warned that the election could lead to further turmoil in Thailand, after years of intense political conflict. Last year more than 90 people died in clashes as the military cracked down on Thaksin-supporting redshirt protesters in the centre of the capital.

Exit polls had predicted a landslide for Puea Thai, but Dr Andrew Walker, an expert on south-east Asian politics at the Australian National University, said even an absolute majority would be remarkable.

"If they get [one] they will be only the second government in Thailand's history to do so, the first being Thaksin Shinawatra's [in 2005]. It shows this is still a very strong electoral brand," he said.

Earlier, Professor Thitinan Pongsudhirak of Chulalongkorn University said: "If they win at all it's a big statement.

Redshirt leaders have warned they will take to the streets again if Yingluck wins the vote but does not become prime minister. They have said they fear that opponents could attempt to mount a legal challenge to her, or even another coup.

Analyst Chris Baker said it was likely that opponents of Thaksin had a plan B. "[Most] likely, I think, is that it will look calm for a short time. But there have been several things said in the last week that suggest the Democrats and their supporters will accept this result – but not what it means," he said. "If Puea Thai do what they say they will – bring Thaksin back and change the constitution – [opponents] will resist that in the same way as before, with street demonstrations and so on. I don't think we can avoid it … We are in a changing political society and there's big resistance from the old institutions: the bureaucracy, monarchy, military and a lot of the middle class."

Thaksin told the Thai PBS television station: "I have wanted to come back since yesterday, but I do not want to create problems."

He spoke in a telephone interview from Dubai, where he lives to avoid a two-year prison sentence for abuse of power, which he says was politically motivated.

Puea Thai leaders have repeatedly indicated they plan an amnesty allowing Thaksin to return to Thailand, though his sister has said it is not a priority and that an amnesty would not be about one person.

The billionaire has polarised Thai politics. He draws his support largely from poorer residents in the north and north-east – who see him as a champion – while the Democrats are dependent on the urban upper and middle classes in central Thailand and the south. They regard the former prime minister as corrupt and autocratic.

"I have been waiting five years [since the coup] for this moment," said Sompoon Tamakaew as he watched the results at Puea Thai's headquarters. "Bangkok is full of the elites and upper classes, so they don't really understand how much of an impact Thaksin had."

Sompoon, a 50-year-old gardener from the north-eastern province of Ubon Ratchathani, added that he was not worried that elites would seek to interfere again.

"I don't think [another coup] will happen, but if it does I will keep fighting," he added.

Police said more than 170,000 officers were on duty throughout the country on Sunday to monitor voting by 47 million eligible Thais. Britain was among the countries warning its nationals of potential violence, urging visitors to avoid demonstrations.

BANGKOK (Reuters) - After six prime ministers in six years of sometimes bloody political upheaval, Thais might be excused for shrugging their shoulders about voting in number seven.

But this time there's one big difference. The new prime minister will be a woman, the first to hold the position in Thailand.

Yingluck Shinawatra, a 44-year-old businesswoman who wasn't even in politics two months ago, is poised to get the top job after the stunning election victory of Puea Thai (For Thais), whose de facto leader is her brother, fugitive ex-premier Thaksin Shinawatra.

Yingluck, known as Pou (Crab), the nickname her parents gave her, has never run for office or held a government post, so she has a lot to prove to show she can run the country.

But some Thais, especially females, want to give her the benefit of the doubt and see this as a big step for women in a country where they have struggled for equal representation in government.

"I've always wanted to have the first lady prime minister," said Areerak Saelim, 42-year-old owner of a sunglass shop in a Bangkok market.

"I've seen too many men failing to run the country. Maybe this time, things will be different. What women are -- and men aren't -- is meticulous. I'm pretty sure she can do the job based on her age and successful career."

Yingluck has promised to revive her brother's populist policies and raise living standards among the poor, vowing to pursue national reconciliation to end a six-year political crisis, without seeking vengeance for her brother's overthrow by the military in 2006.

"More and more women are capable, knowledgeable and can actually get the job done these days," said Yaowalak Poolthong, first executive vice-president of Krung Thai Bank Pcl.

"I don't think gender should be an issue, limiting who can or can't do the job."

But some wondered whether she was her own woman.

"It's obvious who she represents," said Puttasa Karnsakulton, a 37-year-old clothing shop owner.

Thaksin, a twice-elected prime minister who is now living as a fugitive from Thai justice in Dubai, has said he wants to come home, and one of Yingluck's policies is an amnesty for political offences.

"I can't accept it if having the first female prime minister means she'll come in to benefit one person. There are doubts in my mind that this is simply a woman in front of a man," Puttasa said.

Puea Thai's plan to give each province 100 million baht ($3.2 million) to support the income-generating activities of women's groups has left some women's rights advocates skeptical.

"Who is to decide who will get the money? Will this be just a one-off handout? Will it work as a revolving fund?" asked Sutada Mekrungruengkul, director of the Gender and Development Research Institute.

Siriphan Noksuan, associate professor at Chulalongkorn University's Faculty of Political Science, said it was far too early to say what kind of leader she would be.

"People know she's a political novice," Siriphan said.

"But they also trust that she will have an army of pundits and economic advisers behind the scene to help her."

For now, she can bask in her victory after a campaign that left defeated Prime Minister Abhisit Vejjajiva, a career politician, struggling from day one.

Abhisit doesn't have the common touch. Yingluck, a wealthy businesswoman, and Thaksin, a billionaire former telecoms tycoon, do.

"In some way, I feel like I can connect with her and her brother even though we're poor and have nothing," said Malai Jiemdee, a maid from Nakhon Ratchasima province. ($1 = 30.795 Baht)

The Pheu Thai Party appeared to win a landslide victory according to three exit polls. The surveys of voters after they cast their vote, the Pheu Thai would win more than 290 House seats.

The survey by Suan Dusit Poll found that the Pheu Thai would capture 313 MPs while the Democrat would win 152 MPs.

Suan Dusit found that Pheu Thai is to win 66 party-list seats and 247 constituency seats, grabbing 313 of 500 House seats.

Democrats are to secure 45 party-list seats and 107 constituency seats.

Bhum Jai Thai is projected to win four party-list seats and nine constituency seats.

Chart Thai Pattana will grab two party-list seats and eight constituency seats.

Chart Pattana Puea Pandin will win two party-list seats.

Palang Chon is to win one party-list seat and four constituency seats.

Matubhum and Rak Santi will each win just one party-list seat.

Rak Prathet Thai will win three party-list seats.

Meanwhile, the survey by Sripathum University found that the Pheu Thai would win 290 MPs and the Democrat would capture 140 MPs.

The survey by Assumption University found that the Pheu Thai would win 299 MPs and the Democrat would capture 132 MPs.

There is a solution to the Thai-Cambodian conflict over the Phra Viharn/Preah Vihear temple that is so simple I am surprised nobody but me has thought of it.

I understand it, this is a Hindu temple. To me it is very weird for Buddhists to be fighting over a Hindu temple. Especially since Buddhists aren't supposed to fight at all. [KI-Media Note: The author of this ludicrous letter should learn more about Cambodia, Preah Vihear temple is not Hindu, but Khmer. It was built by Khmer ancestors before Siam even existed on the earth.]

If it's a Hindu temple, the Hindus should be running it. The Thais and Cambodians should ask the Indian government to send over some qualified Hindu priests to take charge of it. The temple and the disputed territory that surrounds it could be turned into an independent country - a theocratic mini-state, like Vatican City. They could call it Viharnia (in Thai), or Vihearnia (in Cambodian). The priests would administer it, and charge admission to the tourists.

To compensate the Thai and Cambodian governments for their loss of sovereignty, Viharnia would give them a percentage of its tourism income. Part of the revenue derived from tourists who drive in from the Thai side would go to Thailand. Part of the revenue derived from those adventurous tourists who climb up the cliff from the Cambodian side would go to Cambodia.

I understand that Phra Viharn is a temple dedicated to the Hindu god Shiva. While I personally am a Presbyterian, I am under the impression that both the Hindus and the Buddhists revere Shiva. If I believed in Shiva and gave the matter a little thought, I should think that Shiva would be very angry that his temple has fallen into such disrepair and that the Thais and Cambodians are quarrelling over it. He might strike them down with his thunderbolt or something.

So the priests of Viharnia should rebuild the temple, restore it to its former glory, re-consecrate it from the years of quarrelling, and regularly perform whatever ceremonies and rituals Shiva requires. He would then be pleased and would bless both countries. That is what I would think if I believed in Shiva.

I call this solution the Beasley Plan, and I recommend it to both countries. But I am sure they will both reject it. This is because, deep down, they don't really believe in religion of any kind. All they want is money, and the only thing they believe in is an infantile nationalism. If they want to prove me wrong, let them adopt my plan.

Bangkok

Cambodia and France on Saturday pledged to strengthen and expand relations and cooperation on economics and politics for the interests of the two peoples.

During a one-hour meeting with Cambodian Prime Minister Hun Sen at the Peace Palace in Phnom Penh, visiting French Prime Minister Francois Fillon highly evaluated the good relations and cooperation with Cambodia in all sectors, especially in politics, trade and investments, Srey Thamrong, minister attached to Prime Minister Hun Sen, told reporters after the meeting.

"Prime Minister Francois Fillon has seen the potentials in Cambodia's agriculture, especially rice production and France is going to invest about 29 million U.S. dollars next year for a sophisticated rice mill in order to process rice with international standard for exports,"he said.

Fillon has asked Hun Sen to continue to support French investors in Cambodia, especially in the fields of oil and gas exploration as well as airports.

Since 2004, France's direct investments in Cambodia worth 668 million U.S. dollars in the sectors of construction, real estates, oil and gas exploration, airports, hotels, small and medium enterprises, transports, IT and electronics, while Cambodia's investments in France worth 14.5 million U.S. dollars in trade and real estate, according to the statistics released from the Embassy of France to Cambodia.

During the meeting, the two Prime Ministers have also vowed to accelerate the two-way trade volume between the two countries.

Last year, Cambodia and France trade value mounted to 228 million U.S. dollars. Of the figure, France's exports to Cambodia were 66.8 million U.S. dollars and Cambodia's exports to France were 161.2 million U.S. dollars. Cambodia's main products to France were garments, foot-wears and rice.

On the political side, Ouch Borith, secretary of state for the ministry of foreign affairs and international cooperation, said that Fillon has promised to fully support Cambodia for the non- permanent member of the United Nations Security Coucil.

Meanwhile, Hun Sen thanked France for supporting Cambodia in health, education, and ancient temple restoration and asked France to continue to help Cambodia in human resources and legal and judicial reforms.

He also welcomed France's plan to invest in rice mill as it is on the right target that Cambodia is focusing on.

Hun Sen promised to support French investors here in order to boost the development of Cambodia and to build closer relations between Cambodia and France.

Francois Fillon arrived in Phnom Penh on Saturday for a two-day visit, marking the first visit by French top leader to this country in nearly two decades. The last French leader visiting Cambodia was former President Francois Mitterrand in 1993.

During the visit, Fillon was also received in royal audience by King Norodom Sihamoni and King Father Norodom Sihanouk.

Fillon and King Norodom Sihamoni will attend the closing ceremony on the completed restoration of Baphuon Temple, one of Angkor's oldest ruins, and will visit Angkor Temple in Siem Reap province on July 3.

Last year I met a group of young girls in Cambodia living in a shelter for survivors of human trafficking. They wanted the same things we all desire for our children: the opportunity to live and learn in safety, to grow up free to fulfill their God-given potential. But for these girls, those basics seemed nearly insurmountable. They had already endured traumas that defy description.

A decade since the United Nations adopted the Protocol to Prevent, Suppress and Punish Trafficking in Persons, there are more slaves living in the world today than at any point in history. The story of those girls in Cambodia, and the many others like them around the world, should serve as a call to action.

Over the last 10 years, governments around the world have joined this struggle. To date, more than 120 countries have adopted anti-trafficking laws consistent with the U.N. Protocol, which established the 3P Paradigm of prevention, prosecution, prevention.

Recently we made public a new report ranking 184 countries and territories. It finds that we are at a critical moment in this struggle. The last 10 years have been a decade in which governments have made promises, forged partnerships and put in place new ways to combat human trafficking. Yet despite this progress, the number of prosecutions worldwide has leveled off, victim identification is inadequate and protection services are weak.

We cannot allow the momentum of the past decade to slow.

That's the measure of success. Government action cannot merely be whether legal frameworks and protection mechanisms exist but whether those tools are being implemented effectively and are making a real difference for trafficking victims and survivors.

To live up to those promises, the next 10 years need to be a decade of delivery.

That means governments everywhere must improve efforts to combat all forms of trafficking.

Criminal justice and law enforcement organizations should not only enforce existing anti-trafficking laws but refine their methods to fight modern slavery to keep up with an evolving understanding of the crime.

Partnerships among governments can improve our ability to combat exploitation in all its forms. Recent developments in supply chain monitoring will allow governments to work with the private sector, so that consumers can know whether the goods and services they buy come from responsible sources.

This is a crime that affects every nation, including the United States, and every government must take responsibility for stopping it. In countries with well established rule of law, it is not enough to assume the legal system will just take care of this problem. We must take proactive steps in identifying victims, delivering justice, and providing survivors the support and protection they need. At the same time, those in developing countries cannot plead limited capacity as an excuse for an anemic response. We have seen that political will, creative solutions, and strong partnerships can help fill the void left by a lack of resources.

The story of those girls in the Cambodian shelter is heartbreaking, but it should also give us hope. Their experience shows how effective law enforcement, comprehensive protection measures, and the commitment of good people can bring victims out of the horror of slavery and help them live healthy and productive lives.

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http://www.youtube.com/watch?v=h7xzGHYlpy0

http://www.youtube.com/watch?v=WQwGLdj1RPg

http://www.youtube.com/watch?v=cDbDj8H0nus

http://www.youtube.com/watch?v=CNzlYzLP_dI

http://www.youtube.com/watch?v=8j46N0ZqoPY

http://www.youtube.com/watch?v=6Axu0FUVIq0

http://www.youtube.com/watch?v=B1txBLPnolQ

ADAM (not real name) is a househusband who takes care of his two children while his wife works as a lawyer.

"It was simple at first. After our second child was born, I couldn't handle the additional workload. When I suggested we get a maid, my wife didn't hesitate.

"Although our Cambodian maid was not drop-dead gorgeous, I was attracted to her petite figure and demure character."

After a couple of months, Adam's attraction towards the maid grew.

"I wouldn't say I am a pious man but neither would I have expected to be a cheating husband.

"It all started with an innocent brushing of hands when she passed me a cup of tea.

"I could see that she was not the type to say 'no' to requests. So, when I asked her politely if she would sleep with me, she said okay.

"We started having more and more afternoon 'sessions' while the kids took their naps."

Adam's wife didn't suspect anything. In fact, she felt at ease staying late at the office, knowing that someone was at home to take care of her family.

Adam said: "As much as I tried to stop, I couldn't. Soon, I found myself taking more and more risks. I would even try to get the maid into bed while the kids were watching television in the living room. I knew we could get caught, but that was part of the excitement.

"However, the baffled and confused look on my eldest son's face when he walked in on us one day was all it took.

"It was a good thing my son didn't say anything about it to my wife. But from that day, I stopped sleeping with the maid. I realised that I was hurting two innocent victims."

Shana (not real name), 33, first suspected her husband was having an affair with the maid when the maid's bed broke.

"I always knew my husband had a roving eye and would constantly get attention from his female colleagues. But I expected him to have some standard in choosing his affairs.

"Don't get me wrong, I never condoned it but I was willing to put up with it for the sake of the marriage and kids.

"When our first maid confessed that she had slept with my husband, I accused her of lying.

"I packed her bags and asked her to leave. I was under the impression that she only wanted to 'divide and conquer' the family.

"But when our replacement maid's new bed broke, I got suspicious. She was a skinny and small-sized girl and it didn't seem possible for her to break a bed on her own."

Shana's suspicions were confirmed when she caught her husband sneaking out of their bedroom in the middle of the night one day.

"A part of me didn't want to accept what that might mean, but I had to know. After a couple of minutes, I opened my maid's bedroom door and found him on top of her.

"Needless to say, he was dumbfounded and could not weasel his way out of it.

"I filed for divorce and am now happily remarried to an honest, loyal and trustworthy man."

UNITED States-licensed marriage and family therapist Dr Johnben Loy, who is also Taylor's University visiting fellow, provides some tips on affair-proofing your marriage.

Q: Why do you think some men find maids sexually appealing?

A: There is a host of factors to be considered before a man finds a maid appealing, not just for the care she provides. For example, the age and the look may be important.

A maid who is older and more matronly can provide care, but can be perceived as a mother figure.

Q: What warning signs should wives look out for?

A: One of the main contributors to extramarital affairs is prolonged emotional and physical distance between spouses. Often, the stress of having a second or third child, together with a busy career, can lead to couples growing apart from each other, thereby, creating a tendency towards extramarital relations.

Wives who are concerned can monitor the "emotional temperature" of the relationship to make sure it is warm and the connection is vibrant.

Q: When it comes to maids, how can couples safeguard their marriage?

A: If a couple is concerned about safeguarding the marriage, the couple can agree to let the wife be in charge of the maid. The husband can request household needs from the wife, who can then instruct the maid to execute the requests.

In addition, the couple needs to make sure not to involve the maid in their personal conflicts, for example, complaining to the maid about the wife or the husband.

Although the maid may be living in the house, it is important to exercise proper boundaries with her and to treat her with the same respect that one would treat a local employee.

Doing these things can help protect the boundary around the husband and wife.

Q:Should wives take on a more nurturing role in terms of cooking and cleaning for their husbands, instead of leaving these tasks to the maids?

A: In marriages with more traditional role patterns, wives can instruct and manage maids in such a way that the maids are seen as assisting them in their nurturing roles.

The couple can agree to treat the maid as the employee of the wife so that subsequently, even though the tasks are carried out by the maid, the instructions and intentions come from the wife, thereby, strengthening the couple's relationship.

THOMAS Jefferson was alleged to have sired several children with Sally Hemings, a slave at Monticello. Famous politician senator Strom Thurmond went to bed with his African-American maid and kept it a secret until he was 100 years old.

Though one would assume this age-old practice of having sex with the "help" has long passed since the days of slavery, this is not the case at all.

Be it a fetish for French maid costumes and feather dusters, or a series of power trips, men are still turned on by their maids, as revealed in the recent case of former California governor, Arnold Schwarzenegger.

Last month, the 63-year-old Terminator star finally came clean about his affair and the "love child" he had with a two-decade-long household employee.

While his story is shocking, some countries have taken the maid fetish to another level.

In Japan, meido kafe (maid cafe) is the hottest trend in town. Designed to look like private homes, establishments like Tokyo's Cure Maid Cafe feature young waitresses dressed in French maid costumes.

They treat diners like masters and mistresses, sometimes offering massages and even kneeling by the table to stir cream and sugar into beverages.

Fuelled by sexy maid-themed anime, the trend is now taking off in Asia, too.

Are Malaysians spared from being enamoured with the help? Apparently not.

A maid agency operator in Klang says he is noticing a growing trend in husbands taking a liking to maids.

"I've run a maid agency for more than six years without any problems. However, for the past two years, there's been a rise in husbands hoping to 'bed' their maids.

"Since most of the maids I provide are young Filipino girls, who clean apartments on an hourly basis, many employers assume they can get away with taking advantage of them."

Florence, a part-time maid, was lured to Malaysia by a man whom she met on the Internet. She was hoping to start a new life in Malaysia and earn a decent living.

"I was happy when my boyfriend told me to meet him in Malaysia. He said there were good jobs here and I would earn a decent living.

"As soon as I arrived in Klang, my boyfriend introduced me to a maid agency boss. He said I had to work for about four hours in an apartment, cleaning and doing the laundry. The boss was willing to drop and pick me up from the apartment guardhouse.

"My first few jobs were simple; I only had to deal with the 'maam' of the apartments.

"One day, I was asked to clean a new client's apartment and was shocked to find only the husband there. I did my work as usual.

"But, when I went to make the bed, I heard someone entering and locking the door. I was scared to see the husband in the room. He said he wanted to make sure I was doing a good job.

"But when I felt his arms around my waist, I started yelling. He told me not to worry because he would pay me a lot of money to have sex with him. I pushed him aside and screamed even louder.

"He got scared the neighbours might hear me, so he left the room. I quickly packed my things and left."

Because of her harrowing experience, Florence is planning to return to the Philippines as soon as she has enough money.

Ananda S.P., who runs a maid agency in the Klang Valley, believes such cases are rampant but most victims choose to be silent.

"There are no statistics to show how many of these cases exist because most of the maids are threatened. They only talk about the problem when they're about to leave the country or have already left. Only about one in 50 cases is reported to us during their contract period.

"Generally, this is a problem with Indonesian and Filipino maids. This could be because there's a higher ratio of them here and many of them are also attractive."

Ananda believes there are two sides to the coin: if there are no givers, there won't be any takers.

"These days, most wives spend less time at home and more at work. Men, on the other hand, hold higher positions and have the flexibility to be in the house more.

"Most of the time, these men strike a conversation with the maid. They ask about the maid's background and financial situation before feigning sympathy. Before long, they tempt the maid with extra cash and goodies.

"From the maid's perspective, since she's already married, this is similar to 'servicing' another master. Although this is far from being acceptable, most maids give in to temptation because of their financial situation back home."

Ananda says although most of these sexual advances are consensual, the marriage is at risk.

"In many instances, the maid will try to break up the home by finding favour with the husband. This is where trouble begins because once a wife starts to be suspicious, she will want the maid to leave. In the end, the maid will lose earning a living in Malaysia.

"Sometimes, the maid gets pregnant and is afraid to go home. She usually seeks an abortion. If this happens, we ask the husband to pay compensation to the maid to enable her to return to her country. More often than not, this breaks up the marriage and the couple get divorced.

"However, if the maid is forced to have sexual relations with her employer, we act in the best interests of the maid. We lodge a police report unless the maid is agreeable to the compensation."

Ananda says employers should realise that when they employ a maid, they're inviting a guest into their home, who probably has no money or contacts. They are responsible for her safety and well-being. She's not there to be a sex slave.

HELP University College vice-president and psychologist Dr Goh Chee Leong believes the strength of a marriage is the predictor for whether affairs happen.

"The will and discipline of either party determine the strength of a marriage. When a party is weak, that's when you give in to temptation.

"Wives or husbands who encounter situations like these should not blame themselves; the fault lies with the party who has cheated.

"Human beings are people with will and have the freedom to make their own decisions. No one is forced to cheat because as human beings, we pride ourselves in controlling our instincts and impulses. When we feel tempted, we have the strength to resist that temptation."

Raja Petra Kamarudin

UNCLAS SECTION 01 OF 13 KUALA LUMPUR 000372

SENSITIVE

SIPDIS

DEPT FOR G/TIP, G, INL, DRL, PRM, IWI, EAP/RSP

E.O. 12958: N/A

TAGS: PHUM, KCRM, KWMN, SMIG, KFRD, ASEC, PREF, ELAB, MY

SUBJECT: MALAYSIA SIXTH ANNUAL TRAFFICKING IN PERSONS REPORT

REF: A. STATE 3836

B. 05 KUALA LUMPUR 3792

1. (SBU) SUMMARY AND INTRODUCTION: Malaysia is a destination and, to a lesser extent, a transit country for men and women trafficked for the purposes of sexual exploitation and forced labor. Women from the People's Republic of China, Indonesia, Thailand, Philippines and Vietnam are trafficked to Malaysia for commercial sexual exploitation. Additionally, some economic migrants from countries in the region who work as domestic servants and as laborers in the construction and agricultural sectors face exploitative conditions in Malaysia that meet the definition of involuntary servitude.

2. (SBU) There are no reliable statistics revealing the total number of women trafficked into Malaysia. Foreign embassies and NGOs report that in 2005, at least 500 trafficking victims were rescued and repatriated. During the first nine months of 2005, over 4,600 foreign women were arrested and detained for prostitution, compared with over 5,700 arrested during all of 2004.

According to the government-funded National Human Rights Commission (Suhakam), a significant number of these women were probable TIP victims.

3. (SBU) The government recognizes that trafficking is a problem and has taken significant steps to combat it. Senior officials have expressed their support for anti-TIP programs, including comprehensive anti-TIP legislation and TIP victim identification training for police and immigration officials.

In November 2004, the government signed an ASEAN declaration calling for greater regional cooperation against trafficking in persons. In December 2004, the government hosted the signing of a Mutual Legal Assistance Treaty with eight other ASEAN countries to improve regional cooperation and prosecution of transnational criminal activities including trafficking. Also in December, the women's affairs minister announced her intent to establish of the first shelter specifically for foreign women who are victims of trafficking.

4. (SBU) Government implementation of these steps has lagged, however. According to Suhakam, the government has not significantly improved its anti-TIP actions since late-2004. Malaysia lacks comprehensive anti-trafficking legislation that would enable officials to identify and shelter victims, and to prosecute traffickers under a single criminal statute.

The government has not taken the legal steps necessary to establish the government-run shelter announced by the women's minister. While final statistics for 2005 are not yet available, convictions of traffickers under the penal code are down from the previous year.

5. (SBU) The government should draft and enact a comprehensive trafficking law that recognizes trafficked men and women as victims and provides them with shelter, counseling and repatriation assistance. The government should also systematically screen foreign prostitutes and illegal migrants, in order to identify and provide care for trafficking victims in their midst. In addition, the Ministry of Women, Family and Community Development (MWFCD) should fulfill its December 2004 undertaking to establish one or more dedicated shelters for foreign trafficking victims.

6. (SBU) The Embassy has urged the MWFCD to establish one or more shelters and stronger legal protections for victims of trafficking. We are encouraging the ILO and other international NGOs to be more proactive in TIP programs in Malaysia and are partnering with local NGOs to expand the infrastructure and resources required to respond effectively to the needs of victims. We have also offered to provide the USG's TIP victim identification expertise to police and immigration officials. The response from the Malaysian government to these proposed initiatives has been positive and cooperative.

7. (SBU) We believe that the government of Malaysia does not fully comply with the minimum standards for the elimination of trafficking. The Malaysians have made significant efforts in previous years to bring themselves into compliance with minimum standards. However, they have not provided evidence of increasing efforts to combat severe forms of trafficking over the previous year. We therefore recommend that Malaysia be moved from Tier 2 to Tier 2 Watch List in the 2006 Trafficking in Persons Report.

The placing of Malaysia on the Watch List should assist us in communicating to the government of this moderate, Muslim-majority democracy the importance with which we regard the need for it to continue to address its trafficking issues. End Summary and Introduction.

8. (U) Embassy's submission for the 6th Annual Trafficking in Persons (TIP) Report for Malaysia follows. Responses are keyed to paras 21-25 of ref A. Embassy's point of contact for TIP is political officer Jeffrey Hilsgen (phone: 603-2168-4831, fax: 603-2168-5165, email: hilsgenjg@state.gov ). Per the request in para 20 of Reftel, to date the Embassy has spent the following time on the TIP report: FS-1: 12 hours; FS-4: 75 hours; FSN: 10 hours.

9. CHECKLIST (PARA 21)

A. A. (SBU) Malaysia is a target destination for crime syndicates trafficking women and girls into the country for the sex trade. To a much lesser extent, Malaysia is also a country of origin and transit. While there are no reliable statistics revealing the total number of women trafficked into the country, estimates can be made drawing from different sources. Foreign embassies and NGOs report that in 2005, at least 500 trafficking victims were rescued and repatriated.

During the first nine months of 2005, 4,678 foreign women were arrested and detained for suspected involvement in prostitution, compared with 5,783 arrested during all of 2004. Chinese nationals accounted for the largest percentage of such arrests (more than 40%), followed by nationals of Indonesia (25%), Thailand (17%) and the Philippines (10%). According to the government-funded National Human Rights Commission (Suhakam) and involved NGOs, a significant number of these women were probable TIP victims.

(SBU) While little verifiable information exists regarding the number of Malaysian women trafficked to other countries, the GOM claims that no Malaysian women were trafficked outside the country in 2004 (the latest period they reviewed). GOM statistics state that 20 Malaysian women were arrested in 2004 for immigration violations in various countries. According to the GOM, none of the women claimed to be trafficking victims or gave any indications they had been trafficked. Our conversations with local NGOs indicate that fewer than 100 Malaysian women are trafficked abroad each year, and that the number has declined in recent years.

(SBU) Our sources of information on TIP in Malaysia include the Royal Malaysia Police (RMP), the Attorney General's Chambers, the Immigration Department, the Ministry of Home Affairs, the Ministry of Internal Security, the Ministry of Foreign Affairs (MFA), the Ministry of Women, Family and Community Development (MWFCD), the Malaysian Chinese Association (MCA, an ethnic-Chinese political party in the ruling coalition), Suhakam, several foreign diplomatic missions, and a number of local NGOs, including the Malaysian Bar Council. These sources were forthcoming with credible information on TIP.

B. (SBU) Malaysia is a destination and, to a far lesser extent, a transit country for men and women trafficked for the purposes of sexual exploitation and forced labor. Collectively, as many as several thousand women from the People's Republic of China, Indonesia, Thailand, Philippines and Vietnam are trafficked to Malaysia for commercial sexual exploitation. Additionally, some economic migrants from countries in the region who work as domestic servants and as laborers in the construction and agricultural sectors face exploitative conditions in Malaysia that meet the definition of involuntary servitude.

(SBU) A small number of Malaysians are trafficked annually to other countries, though recent data suggest that the number has decreased to negligible levels. According to NGO sources, young Malaysian ethnic Chinese women are the primary targets of traffickers recruiting prostitutes in Malaysia.

For religious and/or cultural reasons, trafficking of ethnic Malay or ethnic Indian women is infrequent. According to most reports, Malaysian Chinese women are lured by word of mouth and by personal contacts connected to mainland Chinese criminal syndicates with international connections. Promises of high-paying jobs and freedom from the restrictions of Malaysia's generally conservative society are the main motivating factors.

(SBU) During meetings with senior USG representatives in 2005, Malaysian government officials expressed strong support for combating trafficking in persons. While the government views the issue of trafficking both as a stand-alone problem and as part of the larger challenge of border security and illegal migration, Malaysia does not fully comply with the minimum standards for the elimination of trafficking.

According to the government funded National Human Rights Commission (Suhakam), the government has not significantly improved its anti-TIP actions since Suhakam's publication in January 2005 of a national plan of action to combat trafficking. The government has taken steps to combat trafficking and has a broad array of criminal laws available to it to deter and punish traffickers, but Malaysia lacks comprehensive anti-trafficking legislation that would enable officials to identify victims, shelter them, and prosecute traffickers under a single criminal statute. Compared to 2004, prosecutions and convictions of traffickers under the penal code declined during the first nine months of 2005.

(SBU) The majority of persons trafficked into Malaysia for sexual exploitation come from China, Indonesia and Thailand, with smaller numbers coming from the Philippines, Vietnam, India and Cambodia, Burma and Laos. Anecdotal evidence indicates that numbers of victims coming from neighboring ASEAN countries have remained relatively constant over the last few years.

The number and patterns of victims coming from source countries tend to reflect GOM immigration and visa policies. For example, China has grown as a source country in recent years due to a more liberal Malaysian visa policy that reflects growing economic ties and GOM efforts to encourage tourism and university enrollment from Chinese students. China has become the largest and fastest-growing source country for prostitutes in Malaysia; many of these Chinese women and girls are likely TIP victims.

(SBU) The Royal Malaysia Police (RMP) compiles statistics on arrests of foreign women with suspected involvement in prostitution, broken down by nationality. The Immigration Department's enforcement division also collects data on trafficking cases. Malaysian authorities do not adequately distinguish illegal migrants from trafficking victims. Law enforcement officials assert that the great majority of the foreign women arrested for prostitution in Malaysia entered the country voluntarily and with valid travel documents.

However, surveys by Suhakam and interviews with Indonesian, Thai and Philippine embassy officials indicate that as many as fifty percent of foreign women arrested for prostitution are possible trafficking victims. According to the Thai embassy's anti-TIP officer, nearly all of the Thai women arrested for prostitution claim to be TIP victims during interviews conducted by embassy officials.

(SBU) To avoid detection by law enforcement authorities, trafficking victims engaged in prostitution are often confined to the premises of their establishments, whether it is a place of entertainment or a privately owned apartment or home. Some women are taken out under strict supervision to meet customers at hotels or private residences. Trafficking victims are kept compliant through involuntary confinement, confiscation of travel documents, debt bondage, and physical abuse or threat of abuse, according to NGO representatives, academics, and foreign consuls.

(SBU) In terms of prevention, in 2002 and 2003 the government took steps to toughen the criteria for young foreigners seeking student visas, to monitor individuals with student visas more carefully to ensure they were actually attending school, and to scrutinize more closely young foreign women entering the country on special two week "social passes." It has also stepped up border detection for smuggling, illegal migration, and drug and people trafficking.

(SBU) There is no evidence of widespread tolerance or complicity in TIP by government authorities, though accusations of more general corruption, particularly at the local police and immigration levels, exist. Foreign diplomatic missions report good cooperation on TIP from law enforcement authorities at the federal level, but some NGOs have alleged that outside of Kuala Lumpur they have received less cooperation. Several NGOs report that that police cooperation with NGOs and other groups against traffickers has improved.

C. (SBU) Government resources are overwhelmed by the sheer magnitude of illegal migrants entering the country. Analysts estimate that over one million illegal migrants live in Malaysia. Law enforcement agencies lack adequate resources to deal with the influx, and criminal syndicates have been quick to exploit this weakness. TIP victims are lost in the crowd of illegal migrants from China, Indonesia and Thailand.

The Indonesian embassy estimates that only a small minority of the 70,000 Indonesian workers in Sabah are legally registered with the GOM. Immigration authorities say they do not have the manpower or language resources to question and distinguish trafficking victims from illegal migrants, or to properly assist them when they are identified. The NGO community is small, poorly funded, and often does not have the capacity to provide for victims even when the police seek their assistance.

D. (SBU) Suhakam in 2004 conducted a comprehensive review of Malaysia's response to TIP. A 159-page report published in January 2005 included interviews with victims, police, immigration, prison authorities, ministries involved in TIP, the Attorney General, foreign embassies, NGOs and IOs. The report called for wide-ranging measures to combat trafficking and a more human rights-centered approach for protecting victims.

The report was widely publicized in the local media and generated positive commentary from the public, NGOs and government officials. The state-influenced media gives extensive coverage to law enforcement raids against brothels, massage parlors, and other locales where foreign women and their pimps have been arrested for suspected involvement in prostitution.

The government does not systematically publish detailed statistics about its arrests, prosecutions and convictions of pimps and traffickers. The GOM has provided this and related information to the Embassy upon request. The government has also provided a detailed written response to our annual trafficking in persons report.

10. PREVENTION (PARA 22)

A. (SBU) In 2004 the government signed the ASEAN Ministerial Declaration against Trafficking in Persons. Government officials regularly acknowledge that Malaysia is a destination and transit country and assert that they are committed to combat TIP comprehensively. They view trafficking as a problem connected to organized crime, prostitution, smuggling and illegal migration, and recognize that many young foreign women involved in prostitution in Malaysia are victims of TIP. However, some also assert that many prostitutes working in Malaysia are here out of choice and that these women should be prosecuted as such and deported as illegal migrants.

Government officials have expressed concern that some women willingly involved in vice claim to be TIP victims when arrested. The government acknowledges that it has difficulty in distinguishing TIP victims from foreign sex workers who entered Malaysia willingly, as many of these women do not speak Bahasa or English and choose not to file charges against their traffickers.

B. (SBU) The RMP, the Immigration Department, the Ministry of Home Affairs, the MWFCD, the MFA, and the Attorney General's office are the government agencies involved in anti-trafficking efforts. Suhakam, which is funded by the government, and the MCA, the second-largest party in the governing coalition, are also active in anti-TIP efforts.

C. (SBU) MCA publishes warnings in its Chinese-language publications and makes public statements to caution potential victims about overly lucrative job offers abroad. The MCA reported that the number of Chinese victims seeking assistance from its offices declined to 39 in 2005, compared with 56 in 2004 and 75 in 2003. The government has not directly sponsored anti-trafficking campaigns.

D. (SBU) The government supports some trafficking prevention programs. Currently, the MWFCD operates "rehabilitation" homes for women and girls (under 18) who have been determined by the courts or their families to be at risk of engaging in prostitution or other vice activities.

(SBU) Malaysian women comprise more than half of the university student population, account for 44% of the nation's labor force, and hold significant high-profile positions in government, NGOs and the private sector. In 2004, the Ministry of Women's Affairs and Family Development was merged with the Ministry for Social Welfare to create an expanded Ministry of Women, Family and Community Development.

The women's affairs minister secured passage in August 2001 of a constitutional amendment barring sex discrimination. In 2004, a women NGO activist who maintains a shelter for abused women and TIP victims was appointed to the royal commission on police reform.

(SBU) In 2004, Suhakam drafted a TIP national plan of action with support from the IOM. Among other things, the plan recommended that the government fund shelters for foreign TIP victims that include reintegration programs. In December 2004, the women's affairs minister announced the cabinet's approval to open a shelter specifically for "foreign women who are victims of trafficking."

Prime Minister Abdullah attended the announcement, signaling his support. The women's minister subsequently informed us that amendments to existing laws, or a new comprehensive anti-TIP law, had to be enacted prior to government establishment of a TIP victim shelter; current laws do not distinguish between TIP victims and illegal migrants engaged in vice activities. In 2005, the MWFCD discussed launching a nationwide campaign in collaboration with various NGOs to increase public awareness on trafficking through seminars, workshops and dissemination of brochures.

The campaign is supposed to target youths and school children and serve as a capacity-building program for law enforcement and policy makers to heighten their awareness of the problem. It has not yet been launched.

F. (SBU) Government and NGO cooperation on trafficking is uneven and ad hoc, both because the government does not have established procedures for handling trafficking victims and because NGOs do not have the resources to care for more than a few victims at any given time. In some cases victims are released into the custody of their embassies, which maintain limited shelter capabilities. In other cases, police ask private shelters run by NGOs to accept TIP victims.

Foreign embassies and several NGOs report good cooperation with police and immigration officials in securing immigration passes and shelter for foreign women workers who are victims of trafficking or physical abuse. Police officers have been designated as liaisons with the MCA's Social Services and Welfare office and other NGOs on cases involving trafficking and other victims.

(SBU) Using USG funding and with the assistance of the IOM, local NGO Tenaganita plans to establish Malaysia's first dedicated shelter for foreign TIP victims in March 2006. Tenaganita intends to obtain the formal approval of police, immigration and Women's Ministry officials for the shelter, as it ramps up operations. The Indonesian embassy's shelter in Kuala Lumpur has a capacity of 80 persons, but in mid-February it housed 140 individuals, including a 15-year-old girl recently trafficked into Malaysia from Sumatra for sexual exploitation. Approximately 80% of the of the shelter's occupants are typically TIP victims, according to the embassy's lead anti-TIP official. Of that number, about 80% are laborers escaping exploitative conditions, with the remainder are persons trafficked for sexual purposes.

G. (SBU) The Malaysian government views border control as a national security issue because of concerns related to terrorism, narcotics, public health, economic security, and social stability, as well as trafficking. For all of these reasons, the government is making a strong effort to monitor the country's borders.

Malaysian passports issued in the country are fitted with a microchip that stores the biographic data and photograph of the passport holder to prevent forged alterations and photo substitution of lost or stolen passports. As part of its crackdown on vice in 2002, the government instituted tougher criteria for foreigners seeking student visas and increased border scrutiny of young persons, particularly from China, entering Malaysia on special "social passes."

In 2005 the government began a large-scale program to issue immigration "smart cards" to permanent residents and legal workers in Malaysia. The smart cards electronically store biographic data, fingerprints and the immigration status of the cardholder.

(SBU) Malaysia's 3000-mile-long coastline creates a tremendous challenge for Malaysia's security forces. In addition, the long, heavily forested land border that East Malaysia shares with the Indonesian province of Kalimantan cannot be patrolled adequately. The government nonetheless makes a serious effort to control these borders.

Reports of organized criminal activity to facilitate the entry of illegal aliens are investigated by local law enforcement authorities, and in some cases suspected perpetrators have been detained under Malaysia's Internal Security Act (ISA), the Emergency Ordinance and the Restricted Residence Act, all of which allow for extended periods of detention without charge.

In January 2005, the press reported that the police used the ISA to detain nine persons involved in forging Malaysian identity cards. Seven of the individuals worked for the Malaysian national registration office and the remaining two were members of criminal syndicates. In both 2003 and 2004, according to government statistics, approximately 4,000 foreign nationals were refused entry into Malaysia due to suspicion of owning fake or falsified travel documents.

H. (SBU) A number of governmental interagency groups address TIP and related issues. The MFA leads an interagency group on transnational organized crime, which meets monthly and has been charged with addressing the trafficking issue from a regional perspective. The Home Affairs Ministry supports another interagency group, the Cabinet Committee on Illegal Immigrants, which coordinates efforts against illegal migration, including TIP. Deputy Prime Minister Najib, who also holds in his portfolio oversight of the National Human Rights Commission, chairs the Cabinet Committee on Illegal Immigrants.

(SBU) The Home Affairs Ministry also maintains a special interagency task force targeting vice that includes officials from the RMP, Immigration, and the Ministries of Home Affairs, Housing, Education, and Tourism. According to NGOs, this task force meets occasionally, but its anti-vice contributions remain unclear. An additional border security group, the Land Entry Points Coordinating Committee, reviews and improves the operational aspects of border control. A similar group also coordinates efforts to improve service, security and efficiency of air-entry points.

In the state of Sabah, on Borneo, an interagency Federal Special Task Force focuses primarily on illegal migration, but also tries to prevent TIP. The task force includes representatives from the RMP, Immigration, the national security arm of the Prime Minister's Department, and the armed forces. A separate agency under the Home Affairs Ministry, the Anti-Corruption Agency, investigates cases of public and private corruption.

A royal commission on police reform conducted a review of police practices, including allegations of police corruption and graft, starting in 2004, issuing 125 recommendations in April 2005. In early 2006, the Prime Minister ordered the Attorney General to complete the legal groundwork necessary to create a permanent independent commission to hear complaints against the police.

(SBU) On the international level, TIP is a component of the Eight Priority Areas of Cooperation under the Work Program of the ASEAN Plan of Action to Combat Transnational Crime. In 2004, Malaysia signed a joint ASEAN Declaration to Combat Trafficking in Persons. The declaration called for greater regional counter-TIP cooperation and asked member states to undertake actions to respect and safeguard the dignity and human rights of victims of trafficking.

In 2005, Malaysia convened a meeting of ASEAN attorneys general to sign an ASEAN-wide mutual legal assistance treaty (MLAT) designed to combat transnational crimes, including TIP, more effectively.

In May 2002, Malaysia, the Philippines and Indonesia signed the "Agreement on Information Exchange and the establishment of Communication Procedures" to establish a framework for cooperation on border and security incidents, transnational crimes (including trafficking in persons), and other illegal activities. Subsequently, Cambodia, Brunei and Thailand acceded to the agreement. Malaysia has been an active participant in the "Bali Process" initiated by Australia and Indonesia.

In 2003, Malaysia hosted two follow-up legislative workshops on People Smuggling, Trafficking in Persons and related Transnational Crime.

(SBU) Malaysia shares intelligence on trafficking syndicates and related dangers with the UK, Australia and Interpol.

In late 2002, the Sabah state government entered into an agreement with the government of the Indonesian province of East Kalimantan to cooperate on a range of shared cross-border challenges, including finding and arresting human traffickers and dismantling syndicates.

In 2004, Malaysia ratified the UN Convention against Transnational Crime; it is considering signing the supplementary protocol against trafficking in persons. Malaysia is expected to conclude an MLAT with the U.S. in 2006.

J. (SBU) In October 2004, Suhakam, with support from the IOM and the Embassy, drafted a national anti-TIP plan of action for consideration by the government. In preparing the plan, Suhakam consulted with government agencies and NGOs involved with TIP, foreign embassies from source countries for TIP victims found in Malaysia, TIP victims and foreign experts on TIP such as the IOM.

The national plan of action was submitted to the government for consideration in November 2004. The government has not yet acted on the anti-TIP plan's proposals, nor has it designated a lead ministry for counter-TIP programs.

11. INVESTIGATION AND PROSECUTION OF TRAFFICKERS (PARA 23)

A/B/C. (SBU) In 2002, the government amended the criminal code to include extensive anti-trafficking language.

According to one expert on anti-trafficking legislation, it is now "a strong law with solid anti-trafficking provisions with regard to trafficking for sexual exploitation." Using the provisions, police regularly raid brothels and arrest pimps and enforcers. However, only two such individuals were convicted under the penal code during the first nine months of 2005.

When the police lack sufficient criminal evidence to arrest suspected pimps and traffickers under the Penal Code, they often utilize the Restricted Residence Act, one of Malaysia's "preventive detention" laws, to incarcerate them. Another such law, the Emergency Ordinance, is regularly used against criminal syndicates that transport, harbor and otherwise facilitate the illegal entry of foreigners into Malaysia.

(SBU) While Malaysia does not have a unitary law specifically prohibiting trafficking in persons, most of the acts involved in trafficking in persons as defined by the UN Protocol are criminal offenses, including recruitment, transportation, transfer, wrongful restraint, harboring, receipt of persons by means of threat or use of force, or other forms of coercion fraud, abuse of power, or forced sexual exploitation, slavery, or servitude. In 2004, the government began to use new provisions to the 2001 Anti-Money Laundering Act to seize the assets of businesses involved in illicit activities, including trafficking. Following is a summary of the legal provisions most commonly used in Malaysia against traffickers:

– Constitution, Articles 6(1) and 6(2): Prohibit slavery and forced labor.

– Penal Code, Sections 340-348: Address "wrongful confinement" of a person against his/her will. Punishments include maximum prison terms from one to three years and a fine.

– Penal Code, Section 372: Amended in 2002 to include stronger anti-trafficking language, addresses exploitation of any person for purposes of prostitution. Exploitation is defined to include selling, hiring, or otherwise obtaining possession of any person with the intention to employ or use the person for the purpose of prostitution (either inside or outside of Malaysia) or knowing or having reason to believe that the person will be so employed or used.

Section 372 expands the offense of exploitation to include using false pretense or deceitful means to bring into or take out of Malaysia any person; harboring or receiving any (exploited) person and wrongfully restraining any person in any place. Wrongfully restraining is further defined as withholding clothing or property, threatening the person with legal proceedings to recover any debt or alleged debt and detaining a person's identity card or passport. Punishment under this section of the Code includes a prison term, which may extend to 15 years, caning and a fine.

– Penal Code, Section 372A: Provides the same penalties as section 372 for anyone who lives wholly or in part on the earnings of the prostitution of another person.

– Penal Code, Section 373: Provides the same penalties as section 372 for anyone who keeps, manages or assists in the management of a brothel.

– Penal Code, Section 374: Addresses unlawful compulsory labor and includes punishment by imprisonment for a maximum one-year term and the possibility of a fine.

– Immigration Act, Sections 55(A) and Sections 56(1)(d): Covers a wide spectrum of immigration violations related to illegal entry or entry under false pretenses. The Act also addresses "employing" and "conveying" illegal aliens. The Act was amended in 2002 to toughen significantly punishments for immigration violators.

Those convicted of illegal entry face a fine of up to RM 10,000 ($3,800) and/or a prison sentence of up to 5 years, and caning of up to a maximum of 6 strokes. The penalty for employing an illegal alien is a fine of between RM 10,000-50,000 (USD 7,900) for every illegal immigrant employed and/or a prison term of up to 12 months. An employer employing more than five illegal immigrants will be imprisoned from 6 months to 5 years and caned up to a maximum of 6 strokes.

The penalty for "conveying" (trafficking) illegal immigrants is a fine of RM 10,000-50,000 for every individual trafficked. An individual convicted for trafficking more than 5 illegal immigrants will also be imprisoned for between six months and five years, and caned up to a maximum of six strokes.

– Child Act (2001): Merges provisions from an array of diverse legislation pertaining to children and young persons (the Women and Girls Protection Act, the Juvenile Court Act, and the Child protection Act) into one law. The Act specifically prohibits trafficking of children and makes it an offense to sell, let to hire, or procure (by threat or intimidation by false pretense, fraud or deceit) any child (defined as anyone under the age of 18) for the purpose of sexual exploitation.

Penalties for these offenses are a maximum prison term of 15 years and a maximum fine of RM 50,000 (USD 13,000). The Child Act also authorizes the police to provide protection and rehabilitation for children in need. A child in need is defined to include a child who "is being induced to perform any sexual act, or being in any physical or social environment which may lead to the performance of such act".

– Passports Act: Criminalizes the forgery or alteration of travel documents (including passports, residence permits and visas). Also criminalizes false statements or misrepresentation used to gain illegal entry into Malaysia. Penalties range from RM 10,000-100,000 ($2,600-$26,000) fine, 5-10 years in prison, and six strokes of a cane.

– Internal Security Act (ISA): Provides for detention up to two years without formal charge. According to the Home Affairs Ministry, the ISA has sometimes been used against individuals for threatening the security of the country by trafficking illegal immigrants or forging travel documents or work permits.

– The Emergency (Public Order and Prevention of Crime) Ordinance: Used against persons, usually criminal syndicates that are involved in illicit activities (such as violent crime, document forgery and people smuggling), which threaten public order.

– Restricted Residence Act (RRA): Allows the government to require individuals who are suspected of engaging in criminal activity including trafficking to move to a pre-determined location in the country and remain there under close police supervision. The RRA does not require a formal charge to be filed against the suspected individual. According to police data, the RRA was used significantly more often than the penal code to charge and detain suspected pimps and traffickers during 2005.

D. (SBU) Federal law criminalizes prostitution and bans pornography, and the laws are vigorously enforced. Malaysians tend to be conservative on sexual issues. The 60% of the population that is Muslim is subject to Islamic laws that prohibit even "close proximity" between men and women who are not married to each other.

The activities of the prostitute, brothel owner/operator, and enforcer are all considered criminal offenses, though clients are not generally prosecuted. The sex trade is largely underground. It is visible only at two extremes: in nightclubs and bars that cater primarily to affluent foreigners; and in poor neighborhoods with large migrant populations.

E. (SBU) Following amendments to different acts in 2001 and 2002, the government began to prosecute people involved in trafficking for the purposes of prostitution. According to the MFA, in 2002 the first trials and convictions under the amended sections 372, 372A and 372B of the Penal Code began to work their way through the courts, with 9 trials and 7 convictions.

In 2003 there were 85 cases investigated, 31 prosecutions and seven convictions. According to RMP statistics, 28 persons were prosecuted (and two convicted) under Sections 372 and 373 of the Penal Code from January – September 2005, compared with 38 persons prosecuted (and 17 convicted) during all of 2004.

(SBU) When police lack sufficient evidence to convict a suspected pimp or trafficker, they use the Restricted Residence Act to detain the suspected individual. The Act allows the government to detain a suspected trafficker indefinitely, without due process of law. During the first nine months of 2005, 48 suspected traffickers were detained under the Restricted Residence Act, compared with 47 during all of 2004.

(SBU) According to the government, it detained "about 40″ members of regional trafficking syndicates from 2000-2004 under the Internal Security Act (ISA). The suspected traffickers used Malaysia as a transit point for trafficking Chinese nationals to third countries. The government stated that 13 international trafficking syndicates were eliminated in these operations.

(SBU) Government officials, NGOs and legal analysts acknowledge that prosecution of trafficking perpetrators is complicated by the difficulty in producing credible evidence and by the lack of victim cooperation. Evidentiary barriers, the prosecution's burden of proof beyond a reasonable doubt, and pressure to produce convictions in a backlogged criminal justice system all work against effective prosecution of trafficking cases. Given these problems, the government has employed the ISA, the Emergency Ordinance and the Restricted Residence Act to detain or restrict the activities of people suspected of trafficking and alien smuggling activity.

F. (SBU) The RMP reports that a number of large organized criminal syndicates, as well as a few smaller groups, traffic foreign women into Malaysia, using Malaysia either as the women's final destination or as a transit point to a third country. In 2005, there were numerous reports of prostitution rings broken up by police and syndicate members arrested for involvement in prostitution. Employment agencies are sometimes used as fronts for people smuggling and trafficking in persons. Sex tourism is not widespread in Malaysia, nor are there reports of marriage brokers fronting for traffickers.

G. (SBU) As noted in para 8E above, the Malaysian government is actively investigating cases of trafficking. Police efforts to break criminal syndicates are complicated by layers of middlemen, some of whom reside outside Malaysia.

Often trafficking victims, both Malaysians who have gone abroad and foreigners brought to Malaysia, may only know one middleman, who is probably using a false identity. In investigating cases of trafficking, police investigators attempt to question repatriated Malaysian victims as soon as they return, but the victims usually cannot or will not provide enough information for further investigation.

H. (SBU) The government lacks the expertise to provide law enforcement officers with specialized training on how to investigate incidences of trafficking. It continues to take full advantage, however, of TIP training for law enforcement officers and prosecutors at ILEA Bangkok, as well as bilateral training on domestic violence sponsored by the USG in Malaysia. Police, prison and immigration officials also lack TIP victim identification expertise. In 2005, senior police and immigration officials asked for USG-sponsored TIP victim identification training. The Embassy continues to seek funding and provision of such training for GOM law enforcement officials.

I. (SBU) The RMP cooperates with law enforcement agencies in neighboring countries whenever cross-border criminal incidents are being investigated. In May 2002, Malaysia, Indonesia and the Philippines signed an agreement to facilitate cooperation in addressing border and security incidents, as well as transnational criminal activities that include human trafficking.

In late 2002, the Sabah state government entered into a formal agreement with the government of the Indonesian province of East Kalimantan to cooperate on a range of issues, including combating TIP and investigating trafficking syndicates. Malaysia actively participated in the Bali Process and has hosted two legislation workshops related to it.

In early 2005, though a joint operation by the RMP and the British National Crime Squad, a Malaysian "snakehead" was arrested, tried and convicted of smuggling illegal Malaysian workers into the UK.

In April and October 2005, the RMP closely cooperated with an international NGO to raid several brothels in Johor, arrest one internationally active trafficker and rescue dozens of (primarily Thai) women. Thai police from Songkla visited Kuala Lumpur in February to conduct a joint cross-border TIP investigation with local police.

Representatives from NGOs, as well as the Indonesian, Thai and Philippine embassies in Kuala Lumpur, characterize their cooperation with police as good. NGO and embassy officials emphasize the timely responses from police to tips about the locations of possible TIP victims.

J. (SBU) There have been no reports of extraditing persons charged with trafficking. Section 108A of the Penal Code allows Malaysian authorities to prosecute a Malaysian who commits or abets a crime in another country that would be deemed an offense under the Penal Code. Malaysia is a party to the ASEAN Mutual Legal Assistance Treaty, which is designed to facilitate and expedite regional cooperation in fighting transnational crime. Malaysian law does not prohibit extradition of Malaysian nationals.

K. (SBU) There have been no proven cases of tolerance or complicity in TIP by government authorities. Pockets of general corruption, particularly at the local police and immigration levels, exist.

L. (SBU) Although some low-level police and immigration officials likely receive bribes from brothel owners, pimps and traffickers, we are aware of no allegations that police officers or other government officials have engaged in trafficking.

(SBU) Most analysts assume that some trafficking-related corruption exists among law enforcement and immigration ranks, since some TIP victims have been known to pass through two or more ports of entry without travel documents.

In April 2005, a government-sponsored independent police commission noted a rising incidence of police corruption. Included among the appointed commissioners were women activists active in the fight against TIP. The commission reported that disciplinary actions were initiated against 1,216 police personnel for corruption and other offenses during 2004, compared with 1,138 in 2003. Police offenses noted in the report included accepting bribes, theft, and rape; punishments included suspension, demotion and dismissal.

The number of these officers involved in facilitating trafficking was not available. As noted above, the Prime Minister recently ordered the Attorney General to complete the legal groundwork necessary to create a permanent independent commission to hear complaints against the police. If ultimately established, this commission could provide an effective venue for investigations into allegations of police complicity in trafficking.

M. (SBU) Malaysia does not have an identified child sex tourism problem, although the Indonesian, Thai and Philippine embassies occasionally report interviewing victims under 18 years of age what have been trafficked for sexual exploitation.

N. (SBU) Malaysia signed and ratified ILO Convention 29 in 1957, ILO Convention 105 in 1958 (but renounced it in 1990), ILO Convention 182 in September 2000, and the UN Convention on the Rights of the Child in September 1995. Malaysia signed the UN Convention against Transnational Organized Crime in September 2002 and ratified it in 2004. The government has not signed the supplemental Protocol on the Sale of Children, or the Protocol to Prevent, Suppress, and Punish Trafficking in Persons, Especially Women.

12. PROTECTION AND ASSISTANCE TO VICTIMS (PARA 24)

A. (SBU) The government provides no shelter facilities dedicated exclusively to TIP victims, as these individuals are not recognized as victims under Malaysian law. Until Malaysia amends its existing laws or enacts comprehensive anti-TIP legislation, TIP victims will be routinely processed as illegal migrants and held in the country's prisons or illegal migrant detention facilities, prior to deportation.

According to the RMP and foreign consuls, trafficking victims identified by the police are released on an ad hoc basis into the custody of a consular official and sent to a women's shelter instead of being kept in police lock-up. The Indonesian, Thai and Philippine embassies report that in 2005, RMP officers brought in many of the over 500 victims assisted by the embassies' respective shelter programs during the year.

(SBU) As of February 2006, the Indonesian embassy's shelter held 140 individuals, approximately 80% of whom were deemed TIP victims by embassy officials. Women's shelters run by other foreign embassies temporarily housed an additional 30-40 TIP victims per year. NGOs and police report that NGOs currently do not have the capacity to shelter more than 25-50 victims nationally, leaving the police few alternatives to housing victims in detention facilities. Owing to language barriers and limited police training, foreign trafficking victims are usually not recognized as victims and are treated as immigration offenders. HIV/AIDS screening is usually provided for individuals arrested for prostitution and for others who are identified as trafficking victims rather than illegal migrants. When trafficking victims are identified as victims prior to detention, they may be sent to a hospital for examination and released to their embassies for repatriation.

B. (SBU) Although NGOs do not receive government funding specifically to provide services to trafficking victims, the government provides general funding to 75 NGOs dedicated to women's welfare. These NGOs provide shelter for victims of rape and domestic violence, counseling, legal referrals, and job skills training. Three foreign embassies maintain shelters in Kuala Lumpur for citizens who have no place to take refuge. The Thai embassy's shelter is small and held no individuals as of February 2006, while the Indonesian embassy's shelter is by far the largest, with a (typically exceeded) capacity of 80. Many using the shelters are trafficking victims.

The MWFCD has introduced "women's centers" in each state for impoverished, abused and otherwise vulnerable women who may need shelter, counseling, and job skills training. The ministry currently operates five such shelters. The ministry stated in 2005 that one of these shelters could be quickly converted to house trafficking victims who need assistance, once Malaysian law allows the GOM to handle TIP victims as such.

C. (SBU) The government has not yet implemented a formal screening process to identify TIP victims and treat them accordingly. A Suhakam-designed TIP victim identification questionnaire was used briefly on a trial basis in 2005 at the Kajang women's prison. Both Suhakam and the prison's director told us recently that it is no longer used, as Malaysian law does not allow special treatment for detained TIP victims.

D. (SBU) Foreign TIP victims are often not recognized as victims and, if they are holding false travel documents or have been arrested for prostitution, are usually detained and deported. Illegal migrants (including some victims) who are caught by the Malaysian authorities without valid travel documents are held for a few days in police custody before being sent to immigration detention centers or prisons pending deportation. The period of detention varies widely, from a few days to several months. According to foreign consular representatives, the usual sentence is one or two months' imprisonment and a fine, followed by deportation.

E. (SBU) The Malaysian government encourages victims to assist in the investigation and prosecution of trafficking, but reports that most victims are unwilling to testify or do not have sufficient information to assist in a prosecution.

A trafficking victim may file a civil suit against a trafficker under Malaysian law, and there have been many cases of migrant workers filing such suits in cases where they were not paid the salary they were promised or put to work in abusive conditions that were contrary to their contracts.

While there is no specific impediment to the victims' access to such legal redress, they are usually not able to obtain employment while the court considers their case, and so for economic reasons this type of action in not usually pursued. We are not aware of any victim restitution program.

F. (SBU) Some foreign victims have access to legal counsel through the Legal Aid Center of the Malaysian Bar Council. Police say that most victims are unwilling or unable to provide enough information for criminal prosecution of the trafficker, and many simply want to return to their home country as soon as possible.

One NGO reported that pimps and traffickers are often present in the courtroom during court proceedings to intimidate the victims, while another NGO reported in October that police allowed a trafficker to visit ten Thai trafficking victims in detention. The Malaysian government does not have a witness protection program in place for any prosecution witnesses.

The Abduction and Criminal Intimidation of Witnesses Act of 1947 criminalizes the abduction of any person for the purpose of preventing their testimony and thereby obstructing justice. The police and Attorney General have advised that this is rarely used in trafficking cases.

The courts have begun to experiment with video conferencing and videotaped depositions to provide protection to victims who are afraid to testify in court. As of February 2006, the necessary equipment was installed in several locations, but the program had not yet been initiated.

(SBU) According to an Indonesian embassy official, many Indonesian plantation workers in Sabah are detained on the plantations and forced to work for less than $3 (i.e. RM8-10) per day. Under Malaysian law, victims of these forms of trafficking are entitled to seek compensation through the legal system and are eligible to remain in Malaysia while their legal suit is pending. In general, Malaysian courts have ruled in favor of the victims and in some cases imposed harsh prison sentences on the employer. However, such labor-related lawsuits may take months or even years to be adjudicated. Meanwhile, the victim is not allowed by the GOM to work and is typically left with insufficient means of financial self-support; they therefore often leave the country, rather than see their case through to completion.

G. (SBU) The government does not currently provide special training for officials on how to identify or assist trafficking victims. Senior police and immigration officials have acknowledged that additional training and expertise are needed to improve identification and handling of trafficking victims. Police and immigration officials have asked the USG to provide additional such training to improve their anti-TIP capability, and we have requested funding for the training (ref B). Outside of citizen services and repatriation training, Malaysian embassy and consulate staff abroad do not receive specialized training on how to assist trafficking victims. Malaysian police, immigration officials and public prosecutors have received training at ILEA on trafficking in persons, as well as USG-funded bilateral training on domestic violence.

H. (SBU) Repatriated Malaysian victims who do not have the support of family or friends are referred to the MWFCD for public assistance. Private groups, such as the MCA's welfare wing, also offer services to repatriated victims.

I. (SBU) MCA, the Bar Council, Tenaganita, Women's Aide Organization (WAO), and the International Federation of Women Lawyers (IFWL) are the Malaysian NGOs most active in working with trafficking victims. In 2004, the IOM provided Assistance to Suhakam to draft a national plan of action to combat TIP.

In 2005, the IOM and Tenaganita submitted a project proposal to the Embassy to shelter, repatriate and reintegrate TIP victims. Following funding approval, the IOM and Tenaganita signed a MOU regarding establishment of the shelter, and it is scheduled to commence operations in March 2006. Two NGOs maintain shelters that are available to foreign trafficking victims.

One of the shelters provides in-house counseling, medical referrals to clinics and legal referrals to the Bar Council's Legal Aid Center. The shelter also works with foreign missions to arrange for translators and to facilitate repatriation for women trafficked to Malaysia. Other women's shelters in the country provide refuge, but have few additional resources for the special needs of trafficking victims.

NGO relations with local authorities vary. Some frequently receive cooperation from law enforcement officials, but others experience greater difficulty. The MCA, WAO and Tenaganita provide a full range of services, including counseling, shelter, and repatriation assistance. The Bar Council and IFWL provide legal assistance. Foreign embassies and local NGOs report that cooperation with the federal police in Kuala Lumpur has generally been good. Outside of Kuala Lumpur, with other agencies such as Immigration, cooperation is less consistent.

13. HEROES (PARA 22)

(SBU) For the 2006 Trafficking in Persons Report the Embassy nominates Irene Fernandez, President of local NGO Tenaganita, for honor as an individual who has demonstrated an exceptional commitment to fighting TIP. Over the past several years, her work on behalf of both mistreated migrant workers and sexual trafficking victims in Malaysia has garnered her worldwide respect and support.

Fernandez was arrested in March 1996 for publishing a report about detainee abuse and very poor sanitation conditions in the country's illegal migrant detention centers. Found guilty in October 2003 and sentenced to one year in jail, she appealed her case. Hers has become the longest-running court case in Malaysian history.

In May 2005, her NGO Tenaganita published a video entitled "Breaking Labor" that included the tragic stories of several foreign victims of labor trafficking and abuse in Malaysia. During 2005, Tenaganita facilitated legal assistance and shelter for sexual trafficking victims.

In December 2005, Fernandez traveled to Stockholm to accept the Right Livelihood Award, commonly known as the "Alternative Nobel Prize." And as of February 2006, in cooperation with the IOM and with USG funding, Tenaganita was poised to establish Malaysia's first dedicated TIP victim shelter and repatriate TIP victims to their home countries. Tenaganita has become the largest and most effective anti-TIP NGO in Malaysia, and this status is largely due to Fernandez' efforts. She has demonstrated considerable vision, courage and leadership in the face of the Malaysian government lawsuit. Her efforts have directly benefited hundreds of TIP victims, as well as influenced the GOM to improve its anti-TIP attitudes and actions.

LAFLEUR

THAILAND - Millions of Thai voters go to the polls today to decide which political parties and candidates deserve their trust to represent them and to run the country.

The Election Commission (EC) said yesterday that unofficial voting results were expected to be available no later than 10pm today, although there was concern that heavy rains today could affect voter turnout.

Election commissioner Prapun Naigowit yesterday said he was worried about the weather. It could be raining today so he asked eligible voters to cast their votes early.

There are 47,321,136 eligible voters in this election.

More than 180,000 policemen will be deployed throughout the country to ensure safety on election day, according to national Police chief General Wichean Potephosree.

He said police assigned to security duty at polling stations have to report about the overall situation starting with the transport of ballot boxes from district offices to the polling stations. The police also will be required to report results of the vote count to the National Police Bureau, which will forward them to the EC.

EC secretary-general Suthiphon Thaveechaiygarn said yesterday that the EC in association with the Royal Thai Police and the ad hoc Television Pool of Thailand had set up a centre to report election results at Parliament to help the media keep the public informed.

He said the Royal Thai Police would be in charge of reporting unofficial election results from every polling station across the country. Counting results will be reported to every police station, which would forward them to the EC.

The report will be classified into two parts. First real time reporting will be forwarded to the centre at Parliament. Authorities with a password will have access to see the results.

The second part is the unofficial election results will be sent to be published in the EC's websites and the Television Pool of Thailand to disseminate the information to the public.

The second report will be about 10 minutes later than the real-time reporting.

Election officials at every polling booth have been instructed to carry out their duties with neutrality. "They check each other and they must have ID cards stamped to prove their authority," he said.

There are 90,854 polling booths and 1.2 million election officials taking care of the voting.

Prapun added that those who had registered for advance voting but could not get the chance to exercise their right can vote today. However, those who registered to vote outside their constituency cannot exercise their voting right. The latter must inform authorities the reason they failed to vote otherwise they will lose their voting rights in the next election.

Alcohol sales are banned from 6pm yesterday to midnight today. Posting messages that carry content to promote and attack candidates or parties is also prohibited, including revealing opinion surveys until election day has passed.

The EC accepted 120 election complaints out of 400 that had been submitted. Most complaints concern vote-buying allegations and election officials were instructed to carry out their duties with neutrality.

Prapun yesterday said the EC was prepared to handle any issue that would arise from the flood situation in certain areas and the border conflict with Cambodia.

Contingency plans have been put in place in case some polling stations are flooded in such provinces as Nan, or in case there was renewed border fighting that would affect provinces like Si Sa Ket and Surin.

At a glance

Thailand voted on Sunday in a hard fought election seen as pivotal to the future of the deeply divided kingdom, after years of political deadlock and often bloody street protests.

The poll is the first major electoral test for the government since mass opposition rallies in Bangkok last year sparked the country's deadliest civil violence in decades and battered the vital tourism industry.

Polls opened at 8am on Sunday (1100 AEST) and close at 3pm (1800 AEST).

More than 170,000 police are being deployed to protect polling stations for the tense vote, which could herald a comeback for fugitive former premier Thaksin Shinawatra and his political allies.

Ousted in a 2006 military coup and now living in self-imposed exile, the ex-tycoon has tapped his youngest sister to run in his place.

Yingluck Shinawatra, a telegenic businesswoman tipped by many to become Thailand's first ever female prime minister, is a 44-year-old political novice described by Thaksin as his "clone".

Polls show the mother-of-one enjoying a comfortable lead over the ruling Democrats, led by Prime Minister Abhisit Vejjajiva, who is fighting for his political life after less than three years in office.

Thaksin remains a hugely divisive figure, adored by millions of rural voters but hated by the ruling elite and wanted on terrorism charges over the 2010 protests by his "Red Shirt" supporters.

More than 90 people, mostly civilians, died in a series of street clashes between mostly unarmed protesters and soldiers firing live rounds.

His opposition Puea Thai party has proposed an amnesty for convicted politicians if it wins -- a move apparently aimed at bringing Thaksin home, where he faces a jail term for corruption imposed in his absence.

But many doubt the Bangkok-based elite in government, military and palace circles would allow the one-time owner of Manchester City football club to come back as a free man.

If Thaksin tries to return, the army may "strike back", said Thai academic Pavin Chachavalpongpun, of the Institute of Southeast Asian Studies in Singapore.

"If he sets foot in Thailand, the military could accuse him of coming back and trying to create disunity among Thais."

Abhisit has accused the opposition of trying to "whitewash" the former premier's crimes, urging voters "to get rid of the poison of Thaksin".

The military is a constant wildcard in a nation that has had almost as many coups as elections, although experts say it will be harder for the military to justify another intervention if Puea Thai scores a big victory.

The judiciary also has a record of banning political parties and their executives. Parties linked to Thaksin have won the most seats in the past four elections, but the courts reversed the results of the last two polls.

In contrast, Abhisit's Democrat Party -- the country's oldest, with a support base in Bangkok and the south -- has not won a general election in nearly two decades.

The British-born premier took office in a 2008 parliamentary vote after a court ruling threw out the previous administration, and he is accused by his foes of being an unelected puppet of the military and the establishment.

The vote is seen as a major test of the kingdom's ability to emerge from its long political crisis, which pits Thaksin's "Red Shirt" supporters against the rival "Yellow Shirt" royalist protest movement.

Revered King Bhumibol Adulyadej, 83, is seen as a unifying figure in a country often riven by violence, but he has been in hospital since September 2009 and the post-succession landscape is shrouded in uncertainty.

During the eventual transition period the elite "would like to have their own people in charge because it's such a critical time", said Pavin.

"Why would they let a Red government whom they accused of nurturing anti-monarchy sentiment to be charge at the time?"

Political parties have taken to online social networking like never before to reach voters, but anybody caught campaigning on sites such as Facebook or Twitter on election day risks going to prison.

"Any candidates or even ordinary people who convince others to vote for someone face a six-month jail term or a 10,000-baht fine ($A300) or both," said national police spokesman Major General Prawut Thavornsiri.