POLICE BREAK UP ETHNIC INDIAN PROTEST IN KUALA

C O N F I D E N T I A L SECTION 01 OF 04 KUALA LUMPUR 001647

SIPDIS

SIPDIS

DEPARTMENT FOR EAP/MTS AND DS/IP/TA

E.O. 12958: DECL: 11/26/2017
TAGS: PGOV PHUM ASEC KDEM MY
SUBJECT: POLICE BREAK UP ETHNIC INDIAN PROTEST IN KUALA
LUMPUR

REF: A. KUALA LUMPUR 1646 - ARRESTS AHEAD OF RALLY


B. KUALA LUMPUR 1624 - CHALLENGES TO THE STATUS QUO

C. KUALA LUMPUR 1613 - BERSIH RALLY DRAWS TENS OF
THOUSANDS

D. KUALA LUMPUR 1458 - LAWYERS MARCH IN PUTRAJAYA

Classified By: Political Section Chief Mark D. Clark
for reasons 1.4 (b and d).

Summary
--------------


1. (C) Thousands of ethnic Indian Malaysians took to the
streets of Kuala Lumpur in protest on November 25, the second
major anti-government demonstration in two weeks. Despite
police warnings, early arrests (ref A) and heavy police
presence on the streets of Kuala Lumpur, approximately 20,000
ethnic Indians joined the protest organized by the Hindu
Rights Action Force (HINDRAF) to highlight the
marginalization of the Indian minority. Police reaction was
swift and forceful as riot police fired water cannons and
tear gas continuously over a period of hours to break up the
gathering demonstrators in Kuala Lumpur's central diplomatic
and upscale shopping district. After six hours of stand-off,
police negotiated with protest leaders and the crowds
dispersed. Prime Minister Abdullah and other senior
officials criticized the demonstrators for abusing their
freedoms, violating the police ban, and inciting racial
tension, while the government-dominated press attributed
Sunday's violence to the protestors. On November 26, a court
threw out sedition charges against HINDRAF leaders. The
November 25 protest represented Malaysia's largest race-based
demonstration in a generation, drawing on ethnic Indian
dissatisfaction over poverty, destruction of Hindu temples,
and the performance of the dominant Indian party in the
ruling government coalition. Malaysian authorities clearly
decided they would prevent another anti-government
demonstration in Kuala Lumpur on November 25, but they did so
at the cost of damaging Malaysia's image as a multi-racial
democracy. By itself, the GOM's forceful response on
November 25 likely will not deter more public protest actions
by government opponents. End Summary.

Police Ban Protest by Ethnic Indians
--------------


2. (C) Malaysia's Hindu Rights Action Force (HINDRAF),a
coalition of activist Indian rights NGOs, planned the
November 25 rally under the pretext of handing over a
petition to the British High Commission related to a class
action suit against the British government for bringing
Indians as indentured laborers during Malaysia's colonial
period. Privately, HINDRAF officials admitted the class
action suit was a means to raise awareness of basic domestic
issues affecting Malaysia's ethnic Indian minority. HINDRAF
has gained favor in the Indian community by championing
issues of religious equality, vernacular (Tamil) education,
affirmative action for poor Indians and the protection of
Hindu shrines and temples. Sunday's rally of ethnic Indians
was intended to focus on these issues. Clearly aware of the
anti-government nature of HINDRAF's intended protest, police
denied the permit application for the demonstration and
obtained restraining orders against HINDRAF organizers to
prevent them from participating in the planned rally.
Despite the official ban on the demonstration, some 20,000
Indians from around Malaysia converged on Kuala Lumpur to
support Indian rights in Malaysia.

Police action begins at Batu Caves
--------------


3. (C) Police actions against protesters began in the early
morning hours of November 25 when police confronted ethnic
Indian Malaysians who had gathered at the Batu Caves Hindu
temple on the outskirts of Kuala Lumpur. At around 4 AM,
riot police surrounded a crowd of around 700 people and
herded them into the temple grounds where hundreds of others
had camped out for the night. Activists reported to poloffs
that the police then locked the gates of the temple grounds,
trapping nearly 2,000 protesters inside. Photographs on
local blogs seem to verify these reports. Those trapped
inside the compound later broke down the gate in an effort to
leave the temple grounds and a confrontation with police
began. Police then fired water cannons at demonstrators,
many of whom were wearing placards with a picture of Mahatma
Gandhi around their necks calling for a peaceful assembly.
Riot police also fired volleys of tear gas canisters from
riot police were fired into the temple grounds, driving the

KUALA LUMP 00001647 002 OF 004


protesters back inside and away from the street. Eventually
over 100 people were arrested at Batu Caves and hundreds of
others were detained on the temple grounds until the
demonstration in Kuala Lumpur had ended later in the day.

Police launch tear gas at seated protesters
--------------


4. (C) With most roads into town blocked by police, Indian
Malaysians began converging on Kuala Lumpur by foot, some
walking four or five kilometers to reach the rallying points
near the Petronas Towers and near the British High
Commission. Using water cannons, riot police dispersed the
first crowds forming near the British High Commission and
Petronas Towers in the predawn hours. Eventually, some 1,000
demonstrators stopped and sat down in the middle of the
street in front of police lines roughly 500 meters from the
British High Commission and 300 meters north of the US
Embassy. At around 7:20 AM, police warned the group to leave
the street and disperse. Then at around 7:40 AM, police
sprayed chemical-laced water and fired tear gas at the
protesters, many of whom were still seated in front of the
police line.

Protesters reassemble at KLCC
--------------


5. (C) Many protesters fell back and began a secondary
assembly near the south side of the Petronas Towers (KLCC)
about 1.5 km away. By 8:00 AM some 15,000 people had
assembled peacefully outside of KLCC when another riot squad
warned the group to disperse. Police then turned water
cannons against this crowd and fired dozens of tear gas
canisters. The police continued to use water cannons and
tear gas on Indian crowds over the next few hours.

Police tactics produce defiance
--------------


6. (C) As the morning wore on and police continued firing
tear gas and spraying the crowd, ethnic Indian demonstrators
became more defiant, often grabbing the hot tear gas
canisters and hurling them back towards the riot police.
Some young men also hurled stones. Protesters began vocally
defying the police with chants of "We want justice, we want
justice." Protesters often sat down in the road and took the
full force of the water cannons' attacks until clouds of tear
gas would eventually force a retreat a hundred meters further
down the road. Several demonstrators were arrested as they
refused to withdraw from the "front lines" of the
demonstration, and there are reports of a handful of police
officers and demonstrators being injured in the scuffles that
preceded the arrests. There were no reports of serious
injuries or deaths resulting from the demonstration or police
actions. (Note: We recognize that Malaysian police were
following a predetermined engagement policy aimed at
preventing the demonstration and rapidly dispersing the
growing crowds. RSO points out that police actions were
relatively orderly and displayed discipline by the rank and
file, as well as strategic planning by senior police to
contain the protestors. End Note.)

Police agree to stop attacks and crowds disperse
-------------- ---


7. (C) The police continued to direct most of their action
against the largest crowd of protestors, numbering some
6,000, gathered near KLCC until approximately 12:30 pm. At
that time, police officers addressed members of the crowd and
leaders from the NGO HINDRAF, agreeing to halt the water
cannon and tear gas if the crowds would disperse. HINDRAF
leaders sought the opportunity to present their petition to
the British High Commission, but police would not allow it.
Eventually, HINDRAF leaders asked the crowds to disperse, and
by 1:30 PM the demonstrators left the area and police
reopened the streets for vehicular traffic.

British diplomats prepared to receive petition
-------------- -


8. (C) The British High Commission told us that their deputy
high commissioner and two other officers stood by at their
mission on Sunday to receive HINDRAF's petition if they were
allowed to approach the compound. Out of safety concerns
non-essential personnel were evacuated from the compound,
which includes residential apartments for diplomatic staff.
Police kept protesters at least 200 meters from the high
commission and did not allow presentation of the petition.

KUALA LUMP 00001647 003 OF 004



Malaysian politicians respond
--------------


9. (U) Prime Minister Abdullah Badawi addressed the media
from Kampala, Uganda, where he was attending the Commonwealth
Heads of Government Meeting and explained that "the situation
could have turned violent" if the police did not take the
necessary steps to break up the demonstrators. "Don't abuse
the freedom that has been given you," Abdullah said. "If you
want to submit a memorandum there are other ways of doing
it." Deputy Prime Minister Najib Abdul Razak said he was
saddened that demonstration went forward. "They continue to
defy the police and court order and some of them acted
aggressively during the rally. This is something that cannot
be accepted by the Government and the majority of the
people," Najib said. "We tried to stop them because we know
that these rallies could be easily exploited by irresponsible
parties into a racial issue." President of the Malaysian
Indian Congress (MIC) and senior cabinet member Samy Vellu
had earlier urged Indians not to participate in the rally.
Samy explained that as a member of the ruling coalition MIC
does not support street demonstrations. "We have been
working within the system to resolve the problems faced by
the Indian community," he said. Samy blamed the opposition
for the demonstration and concluded, "It is a ploy to smear
the name of the government, especially in the eyes of the
world."


10. (SBU) Opposition leaders took a much more conciliatory
approach and supported the ethnic Indians' right to assemble
even though many rejected the cause itself. Former Deputy
Prime Minister and opposition leader Anwar Ibrahim who took
part in the Bersih demonstration on November 10, criticized
the police reaction: "That is a peaceful gathering and they
just want to claim their rights," Anwar said. One Indian
supreme council member of Anwar's People's Justice Party
(PKR),Gobalakrishnan, was arrested following the
demonstration and remanded for three days. (Note:
Gobalakrishnan recently completed an International Visitor
Program. End Note.) Democratic Action Party's Lim Kit
Siang, the opposition leader in Parliament, opined: "The
excessive use of police force with the firing of tear gas and
water cannons against the HINDRAF gathering in Kuala Lumpur
is the most high-handed, ham-fisted, undemocratic and a grave
disservice not only to the Malaysian Indian community but to
Malaysia's international reputation in wanting to be a
first-world developed nation." Only one ethnic Indian Member
of Parliament was present at the rally, opposition
parliamentarian M. Kulasegaran.

Media Reaction
--------------


11. (C) International media seized the story of the HINDRAF
demonstration and various reports ran on domestic satellite
service on CNN, BBC and Al Jazeera. Unlike their reporting
of the Bersih rally (ref B) and the Bar Council march (ref
C),government-dominated local print media carried the
HINDRAF rally on the front page of every major daily with
themes of "Defiance". Although the dailies acknowledged
"thousands" were on the streets and mentioned ethnic Indian
grievances, they all carried stories blaming the protesters
for the violence with such titles as "Cops forced to use tear
gas, water cannons", or stories denying that water cannons
and tear gas were fired into the Hindu temple at Batu Caves.

Court throws out sedition charges
--------------


12. (SBU) On November 26, the Klang Sessions Court threw out
all sedition charges previously filed against HINDRAF leaders
on November 23 (ref A) and all HINDRAF leaders have been
released from custody. Although the judge ruled the
Government may re-file if it can present sufficient evidence
to sustain its charges, the judge remained unconvinced.
PKR's Anwar Ibrahim and DAP's Secretary General Lim Guan Eng
were among the political leaders present in the court room,
while DAP attorney and member of parliament M. Kulasegaran
reportedly assisted in the defense. Malaysiakini reported
that some 4,000 supporters had gathered outside the
courthouse and that FRU riot police were also present, but
there were no incidents.

Comment
--------------


13. (C) The November 25 protest represented Malaysia's

KUALA LUMP 00001647 004 OF 004


largest race-based demonstration in a generation. HINDRAF,
the most vocal NGO advocate for the Indian community, is not
a mass membership organization, and thus could not organize
such a large turnout from within its own ranks. Instead, the
November 25 protest drew upon ethnic Indians' dissatisfaction
over their perceived marginalization within Malaysia,
including endemic poverty, the destruction of unregistered
Hindu shrines and temples, and dwindling resources for Tamil
schools and community projects. This dissatisfaction extends
to the dominant Indian party, the Malaysian Indian Congress
(MIC),which many view as not delivering enough for the
Indian community within the ruling National Front coalition.
Current Public Works Minister Samy Velu has led MIC for 28
years, which critics contend has led to MIC's ossification.
Opposition parties want to capitalize on such
dissatisfaction, although Indians represent only seven
percent of the population and could further reduce their
relevancy by splitting their votes among a number of parties.


14. (C) Having failed to stop the large November 10
opposition protest on electoral reform despite personal
warnings from Prime Minister Abdullah and the national police
chief, Malaysian authorities clearly decided they would
prevent another anti-government demonstration in Kuala Lumpur
on November 25. Police acted forcefully to carry out this
political decision, resulting in a half-day running
confrontation with protestors in Kuala Lumpur's central
diplomatic and shopping district that further damaged
Malaysia's image as a multi-racial democracy, as the
international media broadcast extensive footage of water
cannons and tear gas volleys fired against the Indian crowds.
By itself, the GOM's forceful response on November 25 likely
will not deter more public protest actions by government
opponents. The Malay-led government will need to reassess
its strategy of denying public rallies or consider even
stronger measures to shut down opponents in this pre-election
period.
KEITH