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State Removes TPP Obstacle with Malaysia Upgrade on Trafficking List

The State Department upgraded Malaysia in its heavily-anticipated annual report on human trafficking, which the agency released on July 27. The 2015 report says Malaysia is a “destination and, to a lesser extent, a source” for human trafficking (here), but…

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State officials still chose to upgrade Malaysia to Tier 2 on the list. “The Government of Malaysia does not fully comply with the minimum standards for the elimination of trafficking; however, it is making significant efforts to do so,” said the report. “In 2014, the government consulted with civil society stakeholders to draft and propose amendments strengthening the existing anti-trafficking law and addressing concerns raised in previous Trafficking in Persons Reports, including by allowing trafficking victims to move freely and work, and for NGOs to run the facilities.” Lawmakers and human rights advocates have decried the expected move as a politically-motivated effort to close the Trans-Pacific Partnership with all 12 parties (see 1507200004). Senate lawmakers, led by Sen. Bob Menendez, D-N.J., tacked language on Trade Promotion Authority, which President Barack Obama signed into law in late June, to bar TPA expedited mechanisms for consideration of free trade agreements with Tier 3 countries. The State upgrade renders that language moot for TPP purposes. Several Democrats lashed into the decision. “The administration’s upgrade of Malaysia in the human trafficking report – without evidence of significant changes on the ground – is extremely concerning,” said House Ways and Means ranking member Sandy Levin, D-Mich. “Instead of paving the way for Malaysia’s participation in TPP, we should be working on actions that Malaysia should be taking to come into compliance with [International Labor Organization] standards.” State typically releases the report in June.