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

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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.

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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