TRAFFICKING AND EXTORTION OF BURMESE MIGRANTS IN MALAYSIA AND SOUTHERN THAILAND

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A REPORT TO THE  COMMITTEE ON FOREIGN RELATIONS UNITED STATES SENATE ONE HUNDRED ELEVENTH CONGRESS FIRST SESSIONAPRIL 3, 2009
 

LETTER OF TRANSMITTAL
UNITED STATES SENATE,
COMMITTEE ON FOREIGN RELATIONS,
Washington, DC, April 3, 2009.
 

DEAR COLLEAGUES: 

Since 1995, approximately 40,000 Burmese refugees have resettled in the United States, fleeing the repressive military junta in Burma. The majority of refugee arrivals come via the United Nations High Commissioner for Refugees offices in Bangkok, Thailand or Kuala Lumpur, Malaysia.
 

Over a year ago, Keith Luse, my Senior Professional Staff Member for East Asia and the Pacific, began reviewing allegations about mistreatment of Burmese refugees enroute to the United States—specifically, that they were victims of extortion and human trafficking in Malaysia and southern Thailand. The attached staff report and recommendations represent findings from research in Malaysia, Thailand and the United States, as well as information obtained from other countries.
 

Subsequent to the preparation of this report, Malaysian police announced on April 1 that an investigation of these allegations has been launched. I welcome this encouraging development. 

Life and death issues confronting migrants and refugees in Southeast Asia are not restricted to Malaysia and Thailand. Likewise, these and other Southeast Asia countries daily observe an endless flow of persons across their borders—in pursuit of employment, seeking a better life and escaping harm in Burma.
 

The attached report examines a specific and narrow component of a broader regional issue, namely, the ongoing migrant and refugee crisis throughout ASEAN which calls for the establishment of a comprehensive regional policy.
 

Sincerely,
RICHARD G. LUGAR,
Ranking Minority Member.

TRAFFICKING AND EXTORTION OF BURMESE MIGRANTS IN MALAYSIA AND SOUTHERN THAILAND
Many of the victims are enroute to the U.S. for resettlement

FOREWORD
 
In recent years, Malaysian print and television media, and nongovernmental organizations (NGOs), as well as international NGOs and media, have reported the alleged mistreatment of Burmese migrants in Malaysia, along the Malaysia-Thailand border, and in southern Thailand.
 
While the allegations which led to the preparation of this report are not new, the report’s content is based on first person accounts of extortion and trafficking in Malaysia and along the Malaysia-Thailand border. Committee information comes from experiences of Burmese refugees resettled in the United States and other countries. Malaysian Government officials continually deny such allegations. As reported recently in the Malaysia Star, ‘‘Home Minister Datuk Seri Syed Hamid Albar also denied claims that thousands of illegal foreigners held at detention centres were ‘‘being sold off’’ to human trafficking syndicates. ‘I take offence with the allegation because neither the Malaysian Government nor its officials make money by selling people.’ ’’
 
However, on April 1, 2009, Inspector-General of Police Tan Sri Musa Hassan stated that an investigation has been launched.
 
This is the first of three reports.

EXECUTIVE SUMMARY
 
In 2007, the Senate Foreign Relations Committee began receiving disturbing reports alleging the trafficking and extortion of Burmese and other migrants in Malaysia and from Malaysia into Thailand, for personal profit by some Malaysian Government officials, among others.1* Committee staff conducted a year-long review of the
trafficking and extortion allegations.
 
The committee has an active interest in the treatment of Burmese migrants in Malaysia. Many of the approximately 40,000 Burmese refugees who have resettled in the United States since 1995, have come via Malaysia.

Malaysia does not officially recognize refugees, due in part to concern by the Government that official recognition of refugees would encourage more people to enter Malaysia, primarily for economic reasons.2* Also, Malaysian officials view migrants as a threat
to Malaysia’s national security.
 
In an interview with The New York Times, ‘‘Rela’s (Malaysia’s deputized citizens’ corps) director-general, Zaidon Asmuni, said, ‘‘We have no more Communists at the moment, but we are now facing illegal immigrants. As you know, in Malaysia, illegal immigrants are enemy No. 2.’’3*
 
Many Burmese migrants travel to Malaysia to register with the United Nations High Commissioner for Refugees (UNHCR), for resettlement to a third country. Typically they profess fear of persecution
by the repressive Burmese military junta. Once in Malaysia, Burmese migrants are often arrested by Malaysian authorities, whether or not they have registered with the UNHCR and have identification papers. Personal belongings confiscated at the time of arrest are usually kept by Malaysian officials.
 
Burmese migrants are reportedly taken by Malaysian Government personnel from detention facilities to the Malaysia-Thailand border for deportation. Allegations received by the committee from migrants, spanning years of personal experience, are similar to reports issued by NGOs and human rights activists.
 
Upon arrival at the Malaysia-Thailand border, human traffickers reportedly take possession of the migrants and issue ransom demands on an individual basis. Migrants state that freedom is possible only once money demands are met. Specific payment procedures are outlined, which reportedly include bank accounts in Kuala Lumpur to which money should be transferred.

The committee was informed that on some occasions, the ‘‘attendance’’ list reviewed by traffickers along the border was identical to the attendance list read prior to departure from the Malaysian detention facilities.
 
Migrants state that those unable to pay are turned over to human peddlers in Thailand, representing a variety of business interests ranging from fishing boats to brothels.
 
The committee has received numerous reports of sexual assaults against Burmese women by human traffickers along the border. One NGO official states that ‘‘Most young women deported to the Thai border are sexually abused, even in front of their husbands, by the syndicates, since no one dares to intervene as they would be shot or stabbed to death in the jungle.’’

In August, 2008, committee staff met separately with officials in Malaysia’s Immigration department and the Prime Minister’s office, to again convey the committee’s concern regarding the extortion and trafficking allegations. Immigration Director-General Datuk Mahmood Bin Adam and long-time Immigration enforcement official Datuk Ishak Haji Mohammed denied the allegations of mistreatment against Burmese migrants at the hands of immigration and other Malaysian officials.

On December 11, 2008, The New Straits Times reported that ‘‘Immigration enforcement director Datuk Ishak Haji Mohamed has opted for early retirement following his sudden transfer to the Domestic Trade and Consumer Affairs Ministry.’’

Director-General Mahmood’s predecessor, Datuk Wahid bin Mohamed Don and others were arrested by the Anti-Corruption Agency for alleged graft in 2008. 

Statements are continuing to come to the committee from Burmese and other migrants who were taken to the Thailand-Malaysia border and threatened with violence, or being handed over to human traffickers unless extortion demands were met.
 
  Details provided to the committee by Burmese refugees
  to the United States include names of persons to whom
  payments are allegedly made; payment locations in Malaysia
  and Thailand; bank account numbers to which extortion
  payments are deposited; locations along the Thailand-
  Malaysia border where migrants are reportedly taken by
  Malaysian officials; and the identification of persons allegedly
  involved in the trafficking of migrants and refugees.
  This information is being separately forwarded to law     
  enforcement officials.
 
   In addition to possible prosecution in Malaysia and
  Thailand, any persons allegedly involved in the trafficking
  of Burmese migrants in those or other countries in Southeast
  Asia, are subject to possible arrest and prosecution by
  U.S. law enforcement authorities after entering the United
  States. The Trafficking Victims Protection Act, as amended,
  grants the United States extra-territorial jurisdiction
  to prosecute any trafficking offense, or any attempt or  
 conspiracy to commit an offense, by any individual present in
 the United States, irrespective of the nationality of the alleged
 offender or the location of the alleged offense.
 
The allegations of mistreatment by Malaysian Government officials and human trafficking syndicates in southern Thailand are not restricted to Burmese migrants, including refugees. However,
the preponderance of complaints received by the committee are from ethnic minority migrants who fled Burma. 

This report does not focus on other reported challenges confronting foreign migrants and workers in Malaysia, in Thailand, or while enroute to Malaysia from other countries. Whipping and torture While in Malaysian detention facilities are among other allegations received.
 
SFRC STAFF RECOMMENDATIONS
 
1. The Government of Malaysia should address the trafficking, selling and slavery of Burmese and other migrants within Malaysia and across its border with Thailand. Malaysian Police and Anti-Corruption officials should be encouraged to investigate and prosecute cases involving the trafficking of Burmese and other refugees. Malaysia has an anti ‘‘trafficking in persons’’ law that provides victims with protection services and temporary immigration relief. Investigations and prosecutions should occur when credible and verifiable allegations are made of officials being complicit in trafficking in Malaysia.
 
2. Now that the new Anti-trafficking law is in place, the Government of Malaysia should continue to develop its skills and capacity to identify and assist adult and child victims of human trafficking within its borders, and fully implement its response to addressing human trafficking.
 
3. The flow of refugees from Burma to Thailand, Malaysia and other countries has cost Burma’s neighbors millions of dollars in food and humanitarian assistance. Officials of impacted ASEAN countries should be intentional in measuring the financial cost of hosting refugees displaced from Burma, and to request financial compensation from Burma’s military junta for costs incurred in caring for the refugees.

4. ASEAN issued a ‘‘Declaration on the Protection and Promotion of the Rights of Migrant Workers’’ during the Cebu Summit in 2007. The U.S. and other countries should encourage ASEANMember States to implement ‘‘Commitments by ASEAN’’ as outlined
in the Declaration.
 
5. The U.S. in coordination with other donor countries, should continue providing funds, 1) to facilitate sharing of information on human trafficking among authorities of Thailand and Malaysia; and 2) to provide technical and other assistance to the Governments of Malaysia and Thailand so that the trafficking of Burmese and other migrants may be more actively pursued and prosecuted.

   However, greater emphasis should be placed on evaluating the effectiveness of prosecutions and providing victim protection. Do prosecutors focus on numbers of persons prosecuted rather than
going after key syndicate players, which may require greater case preparation?
   (The U.S. Embassy/Bangkok and Consulate General/Chiang Mai have continued to broaden and increase prevention activities in support of the Mission’s overall anti-trafficking in persons (TIP) strategy. For example, the Mission has enlisted the support of Mrs. Eric John, wife of the U.S. Ambassador).4*
   Thai officials assert that proceeds from human trafficking in southern Thailand are among illegal sources of funding utilized by insurgents in southern Thailand.
 
6. International donors, working with appropriate Thailand officials, should provide funding to local community leaders and political activists in southern Thailand to assist in combating the trafficking
of persons, including Burmese migrants, from Malaysia into southern Thailand.

7. Malaysian officials should be encouraged to consider alternatives to detention for refugees and asylum seekers, especially for women and children. Honoring obligations as a signatory to the
Convention on the Rights of the Child and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) would be well-received by the international community.
    The U.S., other countries and relevant regional and international institutions should specifically encourage Malaysia to sign the Refugees Convention, the 1967 Protocol on Refugees, and include this issue in human rights dialogues with Malaysia and with ASEAN.
 
8. The Malaysian Government should be encouraged to allow UNHCR officials with free and unhindered access to all Malaysian facilities where Burmese persons and other asylum seekers are detained—and persons in detention claiming to be in need of international protection should be allowed access to UNHCR in order to be registered and have their claim for refugee status determined. 

9. Malaysian and UNHCR officials should work together toward the promotion of refugee protection standards. 

10. The U.S. and other donors should review the feasibility of providing additional funds to UNHCR so that its operational capacity could be increased in Malaysia, in consultation with the Government of Malaysia.


1* In this report, the term ‘‘Malaysian Government officials,’’ or reference to such may refer to Malaysia RELA (Malaysia’s deputized citizens’ corps), immigration, and /or police officials.
2* ‘‘Overview of Burmese Refugees, Malaysia’s Refugee Policies,’’ Congressional Research Service, Rhoda Margesson and Michael Martin, November 10, 2008.
3* The New York Times. "A Growing Source of Fear for Migrants in Malaysia." December 10, 2007. Seth Mydana. 
4* U.S. Embassy, Bangkok, ‘‘Anti-Trafficking Engagement Pays Dividends,’’ November 20, 2008.

Trafficking Monitor: The fill report is at :
http://www.burmalibrary.org/docs07/Trafficking_and_Extortion_of_Burmese_Migrants-USCFR.pdf