BAR COUNCIL, PRIME MINISTER FACE OFF DURING LAW

C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 001594 SIPDIS SIPDIS STATE FOR EAP/MTS AND DRL/SARAH BUCKLEY E.O. 12958: DECL: 11/05/2017 TAGS: PGOV ECON KDEM KJUS MY SUBJECT: BAR COUNCIL, PRIME MINISTER FACE OFF DURING LAW CONFERENCE REF: A. KUALA LUMPUR 1458 - LAWYERS TAKE TO STREETS ¶B. KUALA LUMPUR 1446 - VIDEO OF JUDGE-FIXING Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b and d). Summary -------------- ¶1. (C) The Malaysian Bar Council's October 29-31 law conference drew national attention as respected Sultan of Perak Azlan Shah and Bar Council President Ambiga Sreenevasan, in the wake of recent judicial scandals, delivered speeches critical of the government, calling for reforms to strengthen the rule of law and to restore public and international confidence in Malaysia's judiciary. The Sultan lamented the deterioration of the judiciary, and said this condition would prevent Malaysia from becoming a leading financial and commercial center. The Bar Council President called for the government to bolster judicial independence, vowed to defend the independence of the Bar Council and referenced protest actions by lawyers in Pakistan. Prime Minister Abdullah Badawi did not shy away from the conference and delivered the key note address that, rather than defend the integrity of the courts, questioned the Bar Council's approach and motivation for its criticisms. Abdullah also took credit for allowing more open debate on sensitive issues. The conference reflected the Bar Council's stature as Malaysia's most outspoken and politically influential civil society organization on issues of democracy and rule of law, one the government cannot ignore or shut down in this post-Mahathir era. End Note. Sultan Laments Decline of the Courts -------------- ¶2. (SBU) Azlan Shah, the well-respected Sultan of Perak, former King (within Malaysia's institution of rotational kingship) and former Chief Justice, opened the 14th Malaysian Law Conference on October 29 with critical remarks on the importance of the rule of law and the tarnished image of the judiciary. The Sultan emphasized that without a reputable and independent judiciary there cannot be rule of law. Even totalitarian regimes have courts. "The mere existence of courts and judges...proves nothing; it is their quality, their independence, and their powers that matter." Public perception of the judiciary mattered, as "a judiciary loses its value and service to the community if there is no public confidence in decision-making." Against the criteria of independence, impartiality, fairness and integrity, the Sultan said he "must acknowledge there has been some disquiet about our judiciary...." Referring to recent "disturbing events" (such as the judge-fixing video, ref B),he looked back nostalgically on a past time when Malaysia's judiciary was "the pride of the region." Judicial Incompetence Threat to Economic Future -------------- -- ¶3. (SBU) The Sultan also used his address to warn that Malaysia's "attempts to establish ourselves as a leading financial and commercial center will fail if we do not have a competent judiciary...." To make his point, he noted a recent World Bank ranking and a U.S. State Department report that raised concerns over resolution of commercial disputes. The Sultan called for "major reforms," including the formation of a strong central commercial court. In conclusion, he stated, "it is my earnest hope that the Malaysian judiciary will regain the public's confidence and it will once again be held in high esteem...." Bar Council President Amplifies Concern -------------- ¶4. (SBU) Outspoken Bar Council President Ambiga Sreenevasan, in her address, amplified the Sultan's concerns over the sad state of the judiciary. She said the credibility of the courts had been "brought into question," and called for an independent and impartial judiciary to renew public confidence stating, "Independent institutions are not a sign of weakness of the government, but a sign of strength." She raised the example of Pakistan, where "the judiciary rose to the occasion when they successfully defended the rule of law...." The Constitution has "mechanisms that provide the checks and balances central to the rule of law." These include "the role of the Conference of Rulers who must be consulted before major appointments are made," a reference to KUALA LUMP 00001594 002 OF 003 renewed debate over the substantive role of the traditional rulers who became largely rubber stamps for appointments during the Mahathir era. She highlighted the Bar Council's recommendation for a judicial appointments commission. Sreenevasan argued that "an independent and courageous legal profession is indispensable to the rule of law." She concluded, "hands off the Bar," a statement directed at the government that takes on greater significance given the authorities' displeasure over the Bar Council's recent activism. ¶5. (SBU) Sreenevasan also took the opportunity to reiterate the Bar Council's opposition to laws that allow detention without trial, and called for their repeal. She urged Malaysia to further align itself with international norms by ratifying more international conventions that protect basic human rights, including special mention of the Rome Statute and the International Criminal Court. As positive GOM measures, she acknowledged improved cooperation between the Bar Council and the government in terms of consultation on proposed legislation, changes in the Legal Profession Act that permit junior lawyers to join the Bar Council, and the Bar Council's inclusion on GOM commissions on police reform and legal reform. PM Doesn't Defend Courts, but Questions Council's Actions -------------- -------------- ¶6. (SBU) Prime Minister Abdullah did not shy away from the conference and delivered the key note address that did not defend the integrity of the courts, but instead questioned the Bar Council's approach and motivation for its criticisms. Abdullah took credit for leading a government that was "not adverse to criticism," recognized "the role and contributions of civil society," and created an environment of more open discussion in the mass media and in parliament. "Nevertheless there are limits to what can be publicly said or debated," noting the government's responsibility to safeguard "peace and stability." As an influential national body, the Council should not bow to internal pressure groups, when it supports dissenting opinions or "pushes forward its view that Malaysia is a secular state...." Referring to the Council's September 26 protest march in the administrative capital Putrajaya, Abdullah said such actions create "negative perception(s),through over-reaching and unfounded public accusations...," which in turn undermine international and domestic confidence, harming the investment climate, job creation and political stability. Abdullah supported the independence of the judiciary and the supremacy of the Constitution, but called on the Bar Council to adopt a more constructive way of working with the government on such issues. Nazri: No Erosion in Public Confidence -------------- ¶7. (SBU) De facto Law Minister Nazri Abdul Aziz attended the conference and used press interviews to provide his defense of the government's position. He disputed the Sultan and Bar Council President's comments on the erosion of public confidence in the judiciary, saying this was a "matter of perception," and suggesting the Bar Council did not represent the Malaysian public at large. Nazri rejected the Council's call for a judicial appointments commission, saying this proposal must come from the judges themselves. He also turned back calls for a repeal of laws allowing detention without trial, stating these statutes were the cost of the stability Malaysia continued to enjoy. Comment -------------- ¶8. (C) The Bar Council's conference, which attracted a great deal of public attention and private discussion, reinforced the Council's role as Malaysia's most outspoken and politically influential civil society organization on issues of democracy and rule of law. The Bar Council has strengthened its voice under the activist stewardship of Ambiga Sreenevasan, including in August with its defense of Malaysia's secular legal framework and with the September 26 "March for Justice" that shocked the government by bringing several thousand protesting lawyers to the Prime Minister's doorstep over the judge-fixing video scandal. In the Malaysian context, Azlan Shah delivered a hard-hitting speech at the conference supportive of the Bar Council's concerns, an address made all the more important by his stature as a widely-respected legal professional, Sultan and former King. KUALA LUMP 00001594 003 OF 003 ¶9. (C) That the Prime Minister addressed the conference, which received government financial support, reflects the fact that Abdullah's government cannot dismiss or ignore the Bar Council and its 12,000 lawyers, as it often does other non-governmental bodies with lesser standing. This contrasts with conditions under former Prime Minister Mahathir, whose administration had little tolerance for public criticism and had the ability to shut down such malcontents. Some lawyers may conclude that Prime Minister Abdullah's remarks referring to the primacy of national stability and questioning the Council's motivations represent a veiled threat. Nevertheless, the Prime Minister's participation sent a signal of political maturity and helped prove his point that his administration has allowed more, but not unlimited, public debate over some sensitive issues, like the need to reestablish independence and integrity in the judiciary. Continued pressure from the Bar Council and others will be needed to increase the chances that the government carries out meaningful reforms necessary to salvage the judiciary's reputation. KEITH