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Viewing cable 10JAKARTA199, NGOs PRAISE COOPERATION BUT WANT MORE PROSECUTIONS

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Reference ID Created Released Classification Origin
10JAKARTA199 2010-02-16 05:29 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Jakarta
VZCZCXRO3985
OO RUEHDT RUEHPB
DE RUEHJA #0199/01 0470529
ZNR UUUUU ZZH
O 160529Z FEB 10
FM AMEMBASSY JAKARTA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 4489
RUCNARF/ASEAN REGIONAL FORUM COLLECTIVE
INFO RUEAWJB/DEPT OF JUSTICE WASHDC PRIORITY
RHEHNSC/NSC WASHDC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC
UNCLAS SECTION 01 OF 02 JAKARTA 000199 
 
SENSITIVE 
SIPDIS 
 
STATE FOR EAP, EAP/MTS, EAP/MLS, EAP/RSP, INR/EAP, INL FOR 
CARLON/BLOOMQUIST, EEB/ESC/TFS 
DOJ FOR AAG SWARTZ, OPDAT FOR ALEXANDRE/BERMAN/HAKIM, GTIP FOR ZINN, 
SIGMON, PASS TO EMBASSY SINGAPORE FOR ICE 
NSC FOR J.BADER, D.WALTON 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PTER KCRM KJUS KTFN EFIN SNAR PHUM ASEC
ID 
 
SUBJECT: NGOs PRAISE COOPERATION BUT WANT MORE PROSECUTIONS 
 
REF: Jakarta 00173, Jakarta 02033 
 
1. (SBU) Summary:  In conjunction with a DOJ TIP conference (see 
septels) Embassy DOJ/OPDAT Resident Legal Advisor (RLA) met on 
February 2 with two anti-trafficking non-governmental organizations 
(NGOs) in Surabaya, East Java, to discuss the ability of local law 
enforcement to address trafficking in the region and local 
government assistance to TIP victims.  The NGOs praised both police 
and local government for working closely with them to help victims. 
However, they criticized the lack of labor trafficking prosecutions 
due to vague legislation, the political clout of regional labor 
recruitment firms and the insistence of many police on a written 
labor contract before they will commence a criminal investigation. 
Victims are often rescued and protected, they said, but criminal 
cases do not always follow.  End Summary. 
 
 
Women's Association for Democracy 
--------------------------------------------- -- 
2. (SBU) Surabaya, as Indonesia's largest port, is a transit point 
for labor migrants, and many victims are trafficked through Surabaya 
to Malaysia, often through Kalimantan.  The Women's Association for 
Democracy (Kelompok Perempuan Pro Demokrasi) is a small NGO that 
advocates on women's issues and operates a community based crisis 
center that assists human trafficking victims. The association 
conducts trafficking prevention and outreach campaigns for 
trafficking victims, assists to reintegrate trafficking victims into 
society and works closely with local government and police on 
trafficking. 
 
3. (SBU) Nur Lailiyah, NGO Head for Advocacy for Women and Children, 
and other NGO interlocutors praised the police and local government 
for soliciting the NGO's assistance and participation on trafficking 
issues.  Lailiyah pointed out that the police recently arrested a 
number of individuals who were trafficking children on Facebook (see 
septel).  She noted that the police call the NGO when they rescue 
victims or need assistance.  Moreover, the City Administration has 
invited the NGO to participate in a regional task force that 
includes police, prosecutors, and government agencies and is tasked 
with drafting a standard operating procedure to assist and protect 
tip victims.  She said that police frequently help repatriate TIP 
victims, but often victims are repatriated immediately without an 
opportunity to recover and recuperate and without sufficient 
financial assistance to cover repatriation.  Lailiyah did say, 
however, that the City maintains adequate shelter facilities for 
trafficking victims and provides medical, psychological and social 
counseling assistance to trafficking victims. 
 
4. (SBU), Lailiyah stated that despite good cooperation with NGOs, 
the police were still relatively ineffective at addressing illegal 
labor migration and trafficking in the port city.  This is because 
labor recruitment firms have significant political clout and law 
enforcement connections.  She said that many of these firms are run 
by relatives of the police or government officials, so often the 
labor firms will reach "side deals" with the police to avoid 
prosecution.  Another problem, she said, is that the police 
sometimes are reluctant to commence labor and debt servitude 
investigations because they believe the law requires a written 
contract.  In reality, almost all contracts with labor migrants are 
oral because labor migrants typically do not read or write. 
Lailiyah also criticized the Law on the Protection of Migrant 
Workers as ineffective and of little real assistance to migrants. 
 
Genta Foundation 
---------------- 
5. (SBU)   Genta Foundation works closely with the police in 
evacuating trafficking victims from local brothels and provides 
shelter, protection and medical assistance at a privately funded 
shelter maintained at their offices.   The foundation has signed a 
memorandum of understanding with the police, which outlines the 
assistance the NGO will provide to rescued victims.  The members 
operate a program that counsels local prostitutes on HIV/AIDS. 
Whenever they find an underage prostitute, they ask the brothel 
owner to release the minor to the NGO.  If the owner refuses they 
notify the police, who then raid the establishment.   They were very 
complimentary of the work of the police who they said have rescued a 
number of trafficking victims. 
 
6. (SBU) The Genta Foundation also rescues migrant workers although 
the majority of the cases they encounter involve children destined 
for domestic servitude.  While the police rescue labor trafficking 
 
JAKARTA 00000199  002 OF 002 
 
 
victims, NGO representatives stated that the police do not initiate 
enough criminal cases. The NGO interlocutors were only aware of one 
case involving a labor recruitment firm which is presently pending 
in court.  They also criticized the Law on the Protection of Migrant 
Workers as poorly drafted, vague and difficult to apply in the 
field.  They added that police need training on how to investigate 
and prosecute labor trafficking cases. 
 
7. (SBU)  Rescued victims typically spend two weeks at the Genta 
shelter before being returned home; the foundation carefully 
investigates the family before repatriation to make sure the victim 
will not be re-trafficked when returned. During those two weeks, 
victims receive medical and psychological assistance and counseling, 
and if necessary, victims can stay longer.  Genta reports that their 
close cooperation with the police, social services and the Manpower 
Ministry facilitates effective this repatriation. 
 
International Human Rights Center 
--------------------------------------------- 
8. (SBU) Embassy RLA also met with representatives of the Surabaya 
Law School Human Rights Center.   After a broad ranging discussion 
of human trafficking, the role of NGOs and NGO/police relations, and 
transnational criminal issues, the Center inquired whether Embassy 
RLA would participate in a human trafficking course at the law 
school, as well as a special program for NGOs sponsored by the 
Center to address how law enforcement can work with NGOs to ensure 
trafficking victim assistance and protection.  Embassy RLA agreed to 
return in May to participate in these programs. 
 
HUME