[Senate Prints 111-18]
[From the U.S. Government Publishing Office]
111th Congress
1st Session COMMITTEE PRINT S. Prt.
111-18
_______________________________________________________________________
TRAFFICKING AND EXTORTION OF
BURMESE MIGRANTS IN MALAYSIA
AND SOUTHERN THAILAND
__________
A REPORT
TO THE
COMMITTEE ON FOREIGN RELATIONS
UNITED STATES SENATE
One Hundred Eleventh Congress
First Session
April 3, 2009
COMMITTEE ON FOREIGN RELATIONS
One Hundred Eleventh Congress
JOHN F. KERRY, Massachusetts, Chairman
CHRISTOPHER J. DODD, Connecticut RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin Republican Leader designee
BARBARA BOXER, California BOB CORKER, Tennessee
ROBERT MENENDEZ, New Jersey JOHNNY ISAKSON, Georgia
BENJAMIN L. CARDIN, Maryland JAMES E. RISCH, Idaho
ROBERT P. CASEY, Jr., Pennsylvania JIM DeMINT, South Carolina
JIM WEBB, Virginia JOHN BARRASSO, Wyoming
JEANNE SHAHEEN, New Hampshire ROGER F. WICKER, Mississippi
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York
David McKean, Staff Director
Kenneth A. Myers, Jr., Republican Staff Director
(ii)
C O N T E N T S
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Page
Letter of Transmittal............................................ v
Foreword......................................................... 1
Executive Summary................................................ 1
SFRC Staff Recommendations....................................... 3
Introduction..................................................... 5
Burma Exodus..................................................... 6
Extortion in Malaysia............................................ 7
People as a Commodity............................................ 7
In the Words of the Refugees..................................... 9
An Overview of Malaysia, Refugees and UNHCR...................... 12
Making One's Way to Malaysia..................................... 14
Refugees Not Welcome............................................. 15
A Remote and Dangerous Area...................................... 15
A Call for the End of RELA....................................... 16
Conclusion....................................................... 16
Acknowledgements................................................. 17
(iii)
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
non-governmental 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.
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\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.
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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.
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\2\ ``Overview of Burmese Refugees, Malaysia's Refugee Policies,''
Congressional Research Service, Rhoda Margesson and Michael Martin,
November 10, 2008.
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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\
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\3\ The New York Times, ``A Growing Source of Fear for Migrants in
Malaysia,'' December 10, 2007, Seth Mydans.
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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
ASEAN Member 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\
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\4\ U.S. Embassy, Bangkok, ``Anti-Trafficking Engagement Pays
Dividends,'' November 20, 2008.
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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.
Introduction
Malaysia has made remarkable economic and development
progress from the time of Japan's occupation of the Malay
Peninsula in the 1940's to independence from Britain in 1957,
and then confronting the Communist insurgency of the 1950's and
early 1960's. The country has developed into a development
showcase of international renown. Foreign investment has
augmented the vision of former Prime Minister Mahathir bin
Mohammed that Malaysia achieve ``developed nation'' status by
2020.
Foreign labor is an integral building block of Malaysia's
upward economic mobility. While Malaysia's total workforce is
11.3 million, there are approximately 2.08 million legal
foreign workers.\5\ Informed sources suggest there may be an
additional one million illegal workers, however no accurate
information is available.
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\5\ Ministry of Human Resources, Government of Malaysia.
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The Malaysian Government has conflicted perspective
regarding the presence of persons from other countries who are
asylum seekers, refugees or migrant workers. In addition,
``After 50 years of independence, Malaysia is still trying to
consolidate the different races of citizens that make up the
nation.'' \6\ (Indians, Chinese and Malays, or bumiputras-sons
of the soil, are the primary racial categories in Malaysia).
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\6\ Tenaganita, ``The Revolving Door, Modern Day Slavery,'' Kuala
Lumpur, October, 2008.
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``The dichotomy of bumiputras and non bumiputras, of Malays
and orang asal or asli, of citizens and migrants is dividing
and tearing the country with intense discriminatory practices.
The differences that existed widened when Malaysia began
implementing its new economic policy. Its zest to ensure
industrialization was a success and to attract foreign
investors led to the Government providing various incentives to
increase the country's competitiveness. One such incentive was
the guarantee of cheap labor. Women, the reserve labor force
were motivated to work in the new economic zones at the
beginning of the implementation policy. Then, migrant workers
were recruited to strengthen the infrastructure development,
the plantation sector and fill the vacuum in the household work
through domestic workers. After almost 30 years, Malaysia is
very dependent on migrant labor for its economic growth.'' \7\
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\7\ Ibid.
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While Malaysia accepts the presence of Burmese and others
from outside of the country for the purpose of contributing to
the work force, persons identified as refugees and asylum
seekers, on their way to a third country are viewed as threats
to national security.
The reports of the extortion and exploitation of Burmese
and other migrants/refugees within Malaysia and the transfer of
many to human traffickers in Southern Thailand have been
previously reported from multiple Malaysian and international
sources. However the Government of Malaysia has yet to address
the allegations in a comprehensive, sustainable and transparent
manner.
Burma Exodus
Burmese ethnic minorities and Burmans continue to exit
Burma. There are continuing extensive human rights abuses
perpetuated by the State Peace and Development Council (SPDC)
and the Burmese military. ``These reports have changed little
over the subsequent . . . years'' according to the U.S.
Congressional Research Service (CRS).\8\ The CRS report goes on
to state, ``Many human rights abuses reportedly are committed
by the military against members of Burma's ethnic minorities.
The Government negotiated cease-fire agreements with 17 ethnic
insurgencies in the 1990s; but three groups, the Karen, Karenni
and Shan have continued to fight. . . . ethnic groups (in
Burma) have reportedly been subjected to forced labor, use as
human mine sweepers and bullet shields, forced relocation,
conscription into the army as porters or soldiers, rape, mass
killing, extortion and denial of basic human needs.\9\
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\8\ Congressional Research Service, ``Overview of Burmese
Refugees,'' Rhoda Margesson and Michael F. Martin, November 10, 2008.
\9\ Ibid.
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Some insist that Burmese Government and military officials
are involved in a dedicated effort to eliminate ethnic minority
populations in Burma. This allegation is being examined in the
context of a new project at The Center for Constitutional
Democracy at the Indiana University School of Law
(Bloomington). Legal scholars will be evaluating human rights
abuse allegations to determine if evidence exists that
international crimes may have been committed by Burmese
military or civilian officials.
Since 1988, hundreds of thousands of ethnic minorities and
Burmans have fled to Thailand, Malaysia and India, among other
countries.
``According to studies conducted by ethnic community based
organizations (CBOs) and compiled by the Thailand Burma Border
Consortium (TBBC), over 3,200 ethnic villages in Burma have
been destroyed since 1996 affecting over one million people.
Probably more than 300,000 have fled to Thailand as refugees
(the majority being Shan and not recognized by the Thai
Government). TBBC estimates that in 2007 there were
conservatively still some 500,000 Internally Displaced Persons
(IDPs) in the Eastern states and divisions of Burma bordering
Thailand, including at least 99,000 in free-fire areas, 295,000
in cease-fire areas (including 11,000 in Mon Resettlement
sites), and 109,000 in relocation sites. Meanwhile, the
population in the border refugee camps was just under 140,000
at June 30th (2008), a slight reduction during the year due to
departures for resettlement to third countries.'' \10\
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\10\ Thailand Burma Border Consortium Programme Report, June, 2008.
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Extortion In Malaysia
As noted earlier, in 2007, the committee began receiving
disturbing reports about the detention and brokering of Burmese
and other migrants in Malaysia and along the Thailand-Malaysia
border, allegedly with the knowledge, if not participation, by
some Malaysian Government officials. The prospect that Burmese
migrants, having fled the heavy hand of the Burmese junta, only
to find themselves in harms' way in Malaysia seemed beyond
belief.
Subsequent committee research efforts in the United States,
Malaysia and Thailand, revealed similar allegations that
Burmese migrants, detained in Malaysia, have been and continue
to be extorted by their captors, some of whom are allegedly
Government officials. These migrants were (are) to provide
monetary compensation or find themselves in the hands of human
traffickers in Malaysia or southern Thailand. A collection of
reports suggest that a few thousand Burmese migrants have been
taken to the Malaysia-Thailand border in recent years.
As many of the Burmese who register with the United Nations
High Commissioner for Refugees (UNHCR) in Malaysia permanently
resettle in the U.S., their exploitation in the forms of
physical abuse and financial extortion enroute to the U.S. are
matters of direct interest and concern to the U.S. Government
and the SFRC. Since 1990, Burmese refugee admissions to the
United States have surpassed 38,000.\11\
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\11\ U.S. Department of State, October 27, 2008
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People as a Commodity--Anatomy of a Shakedown
While there is some variation in the methods reportedly
used by migrant/refugee captors in Malaysia, the following
points are common to a majority of statements received by the
Foreign Relations Committee.
1. Burmese migrants in Malaysia, often regardless of
whether they possess UNHCR identification, are arrested and
placed in detention facilities. The committee has reports of
individual refugee UNHCR official documentation being destroyed
by Malaysian officials at the time of arrest or later.
2. Burmese migrants are allegedly taken from government
detention facilities to the Malaysia-Thailand border by
Malaysian Government officials. Reports received from NGOs such
as Refugees International, Human Rights Watch, Christian
Solidarity Worldwide and Tenaganita, and reports received
directly from Burmese by the Foreign Relations Committee
reflect a common pattern of allegations. The Malaysian
Government officials who allegedly transport the migrants to
the border ``witness the trafficking that takes place and may
benefit from the fees . . . paid by the refugees to the
traffickers. If they are unable to pay for their release, the
refugees are sold into forced labor, most commonly on fishing
boats.'' \12\
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\12\ Refugees International, ``Malaysia: Government Must Stop Abuse
of Burmese Refugees and Asylum Seekers,'' May 23, 2007.
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In one interview with SFRC staff, Burmese migrants said
they, along with others were transported to the border by
Malaysian Government officials using Malaysian Immigration
Department vehicles. Arriving at the border between 1:00 and
3:00 am, they were handed over to human traffickers, operating
from the Thai side of the border. The traffickers would then
allow the refugees opportunity to contact someone in Malaysia
who could pay a ransom of 1500-1900 ringgit ($470 to $600), per
person. Those able to pay were smuggled back into Malaysia and
released. Males, unable to pay were sold to the Thai fishing
industry, factories, farms or plantations. Women allegedly were
sold to brothels, hotels and into domestic servitude. The fate
of children was unknown.\13\
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\13\ U.S. State Department report, Kuala Lumpur, September 3, 2008.
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Many of the women deported to the border area state that
they are sexually assaulted by human traffickers.
Regarding the deportation of refugees to Thailand in 2007,
the U.S. Committee on Refugees and Immigrants (USCRI) asserts
that Malaysian officials ``often gave advance notice to
traffickers who kidnapped the deportees or bought them directly
from immigration officials.'' \14\
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\14\ U.S. Committee on Refugees and Immigrants, ``Malaysia,'' 2007
Annual Report
3. Interviews with Thai police, Malaysian NGO officials
and Burmese migrants and refugees\15\ yielded more precise
information regarding the destination of Burmese refugees
unable to pay once at the Malaysia-Thailand border. There were
reports of men being directed or sold to work on Thai fishing
boats, a shoe factory and a cast iron factory. Families were
often separated, with women reportedly sold into the sex
industry or for domestic help. There was no available
documentation regarding the fate of children.
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\15\ Interviews with Burmese refugees in Malaysia and in Fort Wayne
and Indianapolis, Indiana.
4. In a recently released book, ``The Revolving Door,''
the Malaysian NGO, Tenaganita, ``exposes the abuse, the endemic
corruption and the trafficking'' of adults and children in
Malaysia and at the Malaysia-Thailand border, many of whom are
refugees. Included among the various testimonies is the account
of one elderly refugee man who lost his wife and children to
traffickers along the border because of his inability to pay
for their release.\16\
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\16\ Tenaganita, ``The Revolving Door,'' Kuala Lumpur, 2008
The majority of testimonies directly received by the
Foreign Relations Committee indicate that these persons were
taken from Malaysian detention facilities to the Malaysia side
of the border near Thailand. (Some migrants informed the
committee of being whipped or beaten while in detention.)
Often the destination was an area in the vicinity of the
Thai border city of Sungai Golok, bordering Malaysia's state of
Kelantan. Another destination is reportedly the border city of
Padang Besar in Malaysia's Perlis state.
Travelling to Sungai Golok to meet with Thai police,
committee staff learned that Thai police currently have active
court cases pending, involving the prosecution of at least
three alleged human traffickers. In 2005, Thai police raided a
jungle compound operated by human traffickers which contained
37 Burmese and 2 Pakistani migrants.
Knowing that eventual arrest and extortion are likely
realities, many Burmese migrants in Malaysia pool their
financial resources, so that they are prepared to respond to
individual demands for paid freedom.
Burmese migrants are not always transported to the
Malaysia-Thailand border for payment arrangements to obtain
their release. There are reports that freedom from detention
can come by paying Malaysian officials where they are detained.
One Burmese refugee, now resettled in Indiana, cited eight
occasions from May, 2001 to September 10, 2006, when payment
was made for their release from detention. The fee ranged from
50 ringgit on December 24, 2002, to 800 ringgit on August 15 of
2005.
Reports have been received of refugees being beaten if they
are unable to arrange payment. The committee also received a
report of two refugees being shot and killed at a border
location in August of 2008, allegedly for inability to pay
ransom demands.
In the Words of the Refugees
The committee has received several reports from Burmese
refugees who were allegedly trafficked by or with the knowledge
of Malaysian officials while in Malaysia. Their stories are
similar to the pattern of reports outlined earlier in this
report, ``People as a Commodity: Anatomy of a Shakedown.''
Samples of the reports in the possession of the committee
follow:
Victim No. 1
Paid 1800 Ringgit (approximately $490) for his
freedom. He also reports that Burmese women refugees
``are sold at a brothel if they look good. If they are
not beautiful, they might sell them at a restaurant or
house-keeping job'' (in Thailand).
This victim also states: ``. . . we, (about 40 to 45
people), were taken in a Malaysian Immigration bus from
[deleted] Camp to the Thailand border. After 10 hours,
we arrived at the Thai border. We knew that Malaysian
Immigration officials and Thai agents already discussed
that we would be taken there. The Thai agents wanted us
to arrive at the Thai border after dark, because they
didn't want the Thai police to know what they were
doing.''
The victim adds: ``We arrived at the Thai border at
midnight. They asked us to go into a small boat and the
Thai agents took us to Thailand. We were in small huts
for days. If we had money we could return to Kuala
Lumpur right away. But I didn't' have money and they
(the Thai agents), asked me to contact my friends who
lived in Kuala Lumpur. My friends helped me to return
to Kuala Lumpur. They paid 1800 Ringgit (approximately
$490) to [deleted].'' (2008)
Victim No. 2
Reports that he was part of a group of refugees taken
to the Thailand border by Malaysian Immigration and
RELA officials during one trip. After being released,
he was arrested for a second time, and again taken to
the border. He paid a total of 3000 Ringgit
(approximately $820) for release on two occasions.
The victim states: ``When we arrived at the Thai
border, it was already dark. The Thai agents were
already there when we arrived at the border river bank.
The agents took us to Thailand by boat. The city we
arrived in was [deleted]. We were there for about a
week. The Thai agent gave us very bad meals, they fed
us twice a day. They asked us to contact our friends
and family who live in Kuala Lumpur. My friend sent
1500 Ringgit (approximately $400), to Hah Cai (Hat Yai)
from Kuala Lumpur by [deleted] Bank. After they
received the money I was sent back to Kuala Lumpur.
After a week I was arrested again and sent to the Thai
border again.'' (2005)
Victim No. 3
``The (Malaysian) police and Immigration personnel
asked us to get onto the bus. Then the bus left the
[deleted] Camp around 11:00 am. After driving about 3
hours, we stopped at a small town and another 15
refugees were forced to get onto our bus. All of us
were about 55 people and very crowded. Then the bus
rushed to the border. We passed through many mountains
and valleys. Finally, around 11:00 pm, we arrived at
the river, and our bus stopped. There was a boat on the
bank and we were forced to get into the boat. We
crossed the river and arrived at the town called Sungai
Golok. The Thai agents were waiting for us. They knew
my name already, because my friend who lived in Kuala
Lumpur had given them ransom money. The Thai agent sent
me back to Kuala Lumpur. My friend gave the ransom
money to [deleted].'' (2006)
Victim No. 4
``About 3 am they asked us to get up from bed. They
gave us a good breakfast unlike other days. They told
us that we would be sent to the Thai border. They asked
us to give a promise that we were not going to come
back to Malaysia. Then, about 6 am they sent us to the
Thai border. We arrived at the ...town called Rantau
Panjang about 9 pm. We were forced to take the boat
(across the river) and deported to the Thai town called
Sungai Golok. I was taken by the man name(d) [deleted].
He was working for the rich man, who [deleted]. I was
with Mr. [deleted] for 2 days. My friends sent Mr.
[deleted] by [deleted] . . .'' (2003)
Victim No. 5
Returned to Kuala Lumpur from the Thailand-Malaysia
border after arranging payment of 1600 Ringgit
(approximately $440). The victim was advised that
inability to pay would result in his being ``sold to
another Thai agent to work in the sea as a fisherman
without pay.'' (2007)
Victim No. 6
Reports he was taken by ``Immigration officers of
Malaysia,'' from [deleted] camp to Sungai Golok and
paid $1600 Ringgit (approximately $440). (2006)
Victim No. 7
``We left [deleted] camp around 5:00 pm, then we
arrived at Sungai Golok around 2:00 am. After crossing
the Sungai Golok River, we arrived at Thai territory.
The Thai agent already knew about our arriving because
our friends who lived in Kuala Lumpur had already paid
the ransom money at [deleted]. The Thai agents took
care of us that night. Then, the next day we returned
to Kuala Lumpur.'' (2006)
Victim No. 8
Reports that he was arrested and sent to the
Malaysia-Thailand border on three occasions. ``On the
third time, I was sold to Thai fishermen for 30,000
Baht (approximately $750). While we were waiting for
the Thai fishing ship [deleted] one of the [deleted]
found me and ransomed me.'' (2005)
Victim No. 9
Reports paying 1600 Ringgit (approximately $440) for
return to Kuala Lumpur after being taken to the
Thailand-Malaysia border. (2006)
Separate from the work of the Senate Foreign Relations
Committee, Human Rights Watch reports that ``Testimonies from
migrants, refugees, and asylum seekers deported from Malaysia
to the Thai border indicate collusion between Malaysian
immigration officials and human smuggling gangs who charge
steep fees to facilitate deportees' return to Malaysia or back
to Burma.'' \17\
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\17\ Human Rights Watch, January 2009 Malaysia Country Summary.
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An Overview of Malaysia, Refugees and the Role of UNHCR
Malaysia is not among the 147 nation states that have
acceded to one or both of The 1951 Refugee Convention\18\ or
the 1967 Protocol on Refugees. Article I of the Convention
defines a refugee as: ``A person who is outside his or her
country of nationality or habitual residence; has a well-
founded fear of persecution because of his or her race,
religion, nationality, membership of a particular social group
or political opinion; and is unable or unwilling to avail
himself or herself of the protection of that country, or to
return there, for fear of persecution.''
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\18\ ``The 1951 Refugee Convention,'' UNHCR, September, 2007.
---------------------------------------------------------------------------
For the purpose of this report, it is important to
delineate between ``refugees'' and ``economic migrants.''
According to the UNHCR: ``economic migrants normally leave
their country voluntarily to seek a better life. If they choose
to return home they will continue to receive the protection of
their Government. Refugees flee because of the threat of
persecution and cannot return safely to their homes unless
there is a fundamental shift in the situation (for example a
durable peace agreement or change of government).''
Malaysia has a challenging task of attempting to control
its porous borders. Government officials view migrants/
refugees, whether from Burma, Indonesia, the Philippines, or
elsewhere as threats to national security and often do not
distinguish between refugees, asylum seekers and illegal
immigrants.\19\
---------------------------------------------------------------------------
\19\ Refugees International, ``Malaysia: Government Must Stop Abuse
of Burmese Refugees and Asylum Seekers,'' May 23, 2007
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`` . . . (Malaysia) does not formally recognize people as
refugees; it considers individuals who have entered the country
without the required travel documents as illegal immigrants. .
. . in Malaysia (they) are subject to various penalties,
including caning (up to six strokes), fines (up to $2,600) and
five years in prison. Illegal immigrants may also be detained
and deported. However, under Malaysia's Immigrant Law, an
illegal immigrant may be allowed to temporarily reside in
Malaysia by the issuance of a IMM 13 visa. In addition, some
illegal immigrants are allowed to seek employment while in
Malaysia.'' \20\
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\20\ Congressional Research Service, ``Bosnian and Cambodian
Refugees in Malaysia,'' Michael F. Martin, October 16, 2008.
---------------------------------------------------------------------------
To the credit of the Malaysian Government, the UNHCR has
been allowed to carry out protection and assistance activities
in Malaysia since 1975, when the Vietnamese boat people began
arriving. ``UNHCR assisted Malaysia in hosting close to 275,000
boat people over two decades before durable solutions were
found for them.'' \21\
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\21\ ``UNHCR in Malaysia,'' UNHCR Website, November, 2008.
---------------------------------------------------------------------------
In addition, it is important to note the Malaysian
Government's ongoing cooperation with UNHCR and the large U.S.
refugee resettlement program, processing over 4,000 Burmese
resettlement cases annually. The cooperation by the Malaysian
Government enables UNHCR to carry out its mandate and allows
operation of the U.S. resettlement program.
The long-term level of cooperation extended by Malaysian
authorities has varied. During a March, 2005 crackdown in
Malaysia against illegal migrants, UNHCR officials were
concerned ``that refugees and people of concern to us could get
caught up in the crackdown.'' \22\ Nearly half a million
Malaysian enforcement officials and RELA personnel spread
throughout Malaysia in small groups to round up an estimated
400,000 illegal workers and their employers. At that time,
UNHCR officials were sometimes called to locations where RELA
carried out raids, so as to identify those of concern to
UNHCR.\23\
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\22\ UNHCR, Kuala Lumpur, Malaysia.
\23\ Ibid.
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More recently, in 2008, top officials of the Malaysian
Immigration Service denied UNHCR with full access to all
detention facilities in Malaysia. During an interview with
Immigration officials, committee staff were informed that UNHCR
officials could now visit detention facilities throughout
Malaysia, however would not be guaranteed full access in each
of the facilities.\24\
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\24\ SFRC staff meeting with Malaysian Immigration officials,
August 29, 2008.
---------------------------------------------------------------------------
``In Malaysia, there are no legislative or administrative
provisions dealing with the right to seek asylum or the
protection of refugees. Since the Malaysian Government takes no
direct role in the reception, registration, documentation, and
status determination of asylum-seekers and refugees, nor in
respect of their assistance, welfare, and basic human standard
needs, UNHCR is required to perform almost all functions which
would otherwise rest wit the State, including all registration,
documentation, and RSD-related activities directly under its
mandate. In addition, since refugees and asylum-seekers face a
wide array of protection problems in Malaysia and are formally
penalized for illegal entry and in principle subject to arrest,
detention, caning, deportation and possible refoulement, UNHCR
continues its protection intervention efforts, including in
detention and the courts.'' \25\
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\25\ Congressional Research Service, Rhoda Margesson, October,
2008.
---------------------------------------------------------------------------
Since 2002, UNHCR in Malaysia has registered approximately
57,000 individuals from Burma, among whom the majority have
been ethnic Chin (approximately 25,000), and Rohingya Muslim
(approximately 16,000), with the remainder among the other
ethnic minorities from Burma, including Arakanese, Kachin,
Karen, Mon, Shan, and Burmese Muslims. Some refugees are
Burman, as well. ``As of January this year, there were some
43,000 persons of concern registered with UNHCR in Malaysia,
including some 27,000 from ethnic minority groups in Burma.''
\26\ These numbers do not reflect the thousands of Burmese
refugees in Malaysia not yet registered with UNHCR (as many as
30,000 or more),\27\ who are detained by Malaysian officials,
or are hiding in discreet jungle or urban locations attempting
to avoid the wrath of Ikatan Relawan Rakyat Malaysia (RELA), a
volunteer citizens force of up to one-half million individuals
charged with identifying and arresting persons in Malaysia with
no legal status. In addition to receiving a small monthly
stipend, RELA members have in the past reportedly received a
bounty payment for each illegal migrant arrested. The Migrant
and Refugee Working Group of the Malaysian Bar Council's Human
Rights Committee says that `` . . . an average of 700 to 800
UNHCR-recognized refugees remain in detention each month,
including about 100 children.'' \28\
---------------------------------------------------------------------------
\26\ UNHCR News, March 23, 2008.
\27\ Congressional Research Service, Rhoda Margesson, October,
2008.
\28\ Irrawaddy, ``Malaysian Immigration Giving Refugees to
Traffickers, Say Activists,'' August 3, 2008.
---------------------------------------------------------------------------
``According to Malaysia's Home Ministry, the role of RELA,
which dates back to 1972, is `to help maintain security in the
country and the well being of the people.' It is used as the
eyes and ears of the Government, to collect information for
Government agencies such as the police, customs, and
immigration on threats to security, to do security patrolling
to prevent crime, and, when necessary, to carry out citizens'
arrests. The 2005 amendment ceded more power to RELA by
permitting it, `where it has reasonable belief that any person
is a terrorist, undesirable person, illegal immigrant or an
occupier, to stop that person in order to make all such
inquiries or to require the production of all such documents or
other things as the competent authority may consider
necessary.'' \29\
---------------------------------------------------------------------------
\29\ Human Rights Watch, ``Malaysia: Disband Abusive Volunteer
Corps,'' May 9, 2007.
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``. . . the 2005 amendment to Malaysia's Essential
Regulations, part of Malaysia's security legislation, RELA is
allowed to arrest an individual or enter and search any
premises, public or private, without a search or arrest
warrant. The amendment also gives RELA volunteers the right to
bear and use firearms, and to demand documents. The 2005
amendment also gives effective legal immunity to RELA
volunteers.'' \30\
---------------------------------------------------------------------------
\30\ Ibid.
---------------------------------------------------------------------------
UNHCR's registration of Burmese asylum-seekers surged after
the Malaysian Immigration Act was amended in 2002 to impose
stiffer penalties on undocumented persons. The Malaysian
Immigration Act does not delineate between a refugee and an
immigrant.
Refugees and other persons detained for not having proper
Malaysian Government immigration documents are not always taken
to court; often times, they are handled administratively under
the Immigration Act without court action. Thus, there are cases
in which detained refugees do not appear before a judge.
Making One's Way to Malaysia
The majority of Burmese migrants enter Malaysia from
Thailand. One NGO estimated that perhaps 5% of the migrants
make their way to Thailand from Burma by boat, a perilous
journey. In December of 2007, a boat reportedly carrying nearly
100 Chin migrants from Burma, heading to Malaysia, capsized in
the sea of with 45 men, women and children losing their lives.
``On November 25, 2007, a trawler and two ferry boats
carrying some 240 Rohingyas being smuggled to Malaysia sank in
the Bay of Bengal. About 80 survived, the rest drowned. A week
later, another boat sank, allegedly fired at by the Burmese
Navy. 150 are believed to have perished. On March 3, 2008, the
Sri Lankan Navy rescued 71 passengers, most of them Rohingya,
from a boat that had drifted 22 days in the Indian Ocean with a
broken engine. Twenty had died from starvation and
dehydration.'' \31\
---------------------------------------------------------------------------
\31\ Forced Migration Review, ``Asia's New Boat People,'' Chris
Lewa, April, 2008.
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The prospects of employment in Malaysia, while enduring the
UNHCR relocation process and risking the possibility of arrest
by Malaysian officials, presents a worthwhile basis for braving
travel to Malaysia, in the minds of many Burmese migrants.
Refugees Not Welcome
Malaysia's tough anti-refugee policies are enforced through
arrest by RELA personnel, incarceration, and punishment which
may include caning. ``Barely surviving in jungle camps or urban
flats in cramped conditions with poor sanitation, no health
care and little food, they are at grave risk of being raided by
the Malaysian immigration authorities, police and the
officially-sanctioned RELA. If arrested, the Burmese refugees
face appalling conditions in detention, caning, beatings and
other forms of abuse . . . Women and children, including
pregnant women, have been detained and mistreated.'' \32\
---------------------------------------------------------------------------
\32\ Christian Solidarity Worldwide, ``Burma Briefing: Visit to the
Thailand-Burma Border and Malaysia,'' February, 2008.
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``Because the Malaysia Government has refused to grant
legal recognition to Burmese refugees, a terrible consequence
is that Burmese children are not permitted to attend school and
many are denied health care.'' \33\
---------------------------------------------------------------------------
\33\ Tenaganita, ``The Revolving Door,'' Modern Day Slavery
Refugees, p. 35, 2008.
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Hundreds of Burmese migrants survive in six or more jungle
locations, where they hope to avoid RELA raids and arrest until
their resettlement to another country is approved. The top
medical challenges confronting these refugees are tuberculosis,
HIV/AIDS, renal failure and ulcers/gastritis.
A Remote and Dangerous Area--Disappearing
Over the Border Into southern Thailand
The Thailand-Malaysia border is a remote division between
the two countries. The border is a meandering asset to Thai
insurgents, human traffickers, druglords and others whose
activities pose a direct threat to Malaysia and Thailand law
enforcement officials.
Thai Immigration police, citing the dangerous area,
declined a staff request to visit a jungle location which was
the site of an earlier raid where nearly 40 Burmese migrants
had been held by traffickers. In the week prior to the staff
visit to Thai Immigration Police in Sungai Golok, vehicle bombs
were detonated on the street adjacent to their office, killing
and wounding persons nearby. The untamed jungle provides
helpful cover for human trafficking syndicate operations and
poses a major challenge to any law enforcement effort.
Due to the remoteness of the border area, it is not
possible to accurately report the eventual plight of women and
especially children who become the property of southern
Thailand or northern Malaysia trafficking agents.
Multiple reports suggest that Burmese men are trafficked to
owners of fishing vessels in Thailand's waters, and to
factories. The estimated percentage of the Burmese that never
return to Malaysia from Thailand runs as high as ten percent of
the Burmese migrants transferred to traffickers along the
border when transported there from Malaysian Government
detention facilities.
As Thailand officials view human remains discovered in
southern Thailand, effort is being made to identify those of
Burmese origin.
A Call for the End of RELA
In March of 2007, the Malaysian Bar Association called for
the end of RELA. ``There have been allegations of torture and
even the causing of death by volunteer RELA personnel, who also
received payment for each undocumented migrant they managed to
catch.'' \35\
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\35\ Migrant Forum in Asia, ``Lawyers Unanimous in Call for the
Demise of RELA and the Usage of Only Professional Law Enforcement
Personnel in Malaysia,'' Charles Hector, March 18, 2007.
---------------------------------------------------------------------------
``The Bar's Resolution called for the repeal of the
Emergency Act of 1979 and all Regulations and Rules made there
under, in particular Essential (Ikatan RELAwan Rakyat)
Regulations 1966 (P.U. 33/1966), as amended by the Essential
(Ikatan RELAwan Rakyat) (Amendment) Regulations 2005, also for
the employment and usage of only properly trained professional
law enforcement personnel in Malaysia as opposed to the RELA
volunteers.'' \36\ The Resolution also called for inquests into
the deaths of persons who allegedly died as a result of RELA
actions.
---------------------------------------------------------------------------
\36\ Ibid.
---------------------------------------------------------------------------
In addition, the Malaysian Bar:
asked that all persons including undocumented migrants and/
or refugees be treated humanely and accorded equal
protection of the law;
stated that ``Malaysia, who is a party to the April 1999
Bangkok Declaration on Irregular Migration,'' which
clearly states ``Irregular (undocumented) migrants
should be granted humanitarian treatment, including
appropriate health and other services, while the cases
of irregular migration are being handled, according to
law. Any unfair treatment toward them should be avoided
. . . . (Malaysia) must adhere to its commitments.
called on the Malaysian Government ``to immediately ratify
the International Convention on the Protection of the
Rights of All Migrant Workers and Members of their
Families and also the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or
Punishment.'' \37\
---------------------------------------------------------------------------
\37\ The 61st Annual General Meeting of the Malaysian Bar held in
Kuala Lumpur, March, 2007.
---------------------------------------------------------------------------
Conclusion
The committee continues to receive information regarding
the alleged extortion and trafficking of Burmese and other
migrants, while in Malaysia, along the Malaysia-Thailand
border, and into Thailand.
The calculation that a few thousand Burmese migrants in
recent years have been victims of extortion and trafficking in
Malaysia, along the Malaysia-Thailand border and in southern
Thailand raises questions about the level of participation
related to these activities by Government officials in both
countries. This is the first of three reports.
Acknowledgements
The following contributed in some way to the preparation of
this report, or continue to assist the committee with this
ongoing project.
By Government:
Interpol, Washington, D.C.
The Embassy of Malaysia, Washington, D.C.
The Embassy of Thailand, Washington, D.C.
The Embassy of the United States, Malaysia
The Embassy of the United States, Thailand
The Foreign Ministry of Malaysia
The Foreign Ministry of Thailand
The Home Ministry of Malaysia
The Immigration Department of Malaysia
The Immigration Police of Thailand
The U.S. Congressional Research Service
The U.S. Department of State
The U.S. Department of Justice
By Organization:
ALTSEAN-Burma
Amnesty International, Washington, D.C.
Association of Southeast Asian Nations
Center for Constitutional Democracy, Indiana University
School of Law (Bloomington)
Chin Human Rights Organization
Christian Solidarity Worldwide, London
Human Rights Watch, New York
Institute for Asian Democracy, Washington, D.C.
Open Society Policy Center, Washington, D.C.
Project Maje, Portland, Oregon
Refugees International, Washington, D.C.
Suara Rakyat Malaysia (Suaram), Malaysia
The Migration Working Group, Kuala Lumpur
The U.S. Committee for Refugees and Immigrants
Tenaganita SDH BHD, Kuala Lumpur
The Arakan Project, Thailand
United Nations High Commissioner for Refugees
Individuals in addition to persons affiliated with Governments and
Organizations listed above:
Mr. Jay Branegan, Senate Foreign Relations Committee
Ms. Susan Brouillette, Senator Lugar's Office, Indianapolis,
Indiana
Ms. Aegile Fernandez, Coordinator, Anti-Trafficking in
Persons, Tenaganita SDN BHD, Kuala Lumpur, Malaysia
Ms. Cathy Gallmeyer, Senator Lugar's Office, Fort Wayne,
Indiana
Mr. Fred Gilbert, M.A., Social Worker, Fort Wayne, Indiana
Ms. Cherrica Li, Senate Foreign Relations Committee
Ms. Min Min Htwe Nge (Minn Myint Nam Tin), Fort Wayne,
Indiana
Ms. Alice Nah, Co-Coordinator, Migration Working Group,
Malaysia
Dr. Khunying Porntip Rojanasunan, Director-General, Central
Institute of Forensic Science, Ministry of Justice,
Bangkok
Ms. Sarah Overshiner, Senate Foreign Relations Committee
Mr. Eric Paulsen, Independent Human Rights Activist/
Researcher, Malaysia
Ms. Elaine Pearson, Human Rights Watch, New York City
Dr. Bridget Welsh, Associate Professor, Southeast Asia
Studies, Johns Hopkins University--SAIS
There are dozens of other individuals who contributed to
this report, including Burmese refugees in Malaysia and the
United States, who requested anonymity for personal safety
reasons.