GOVERNMENT WARNS ON FUTURE PROTESTS, TAKES LEGAL

C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 001664

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/30/2017
TAGS: PGOV PHUM KDEM MY
SUBJECT: GOVERNMENT WARNS ON FUTURE PROTESTS, TAKES LEGAL
ACTION AGAINST NOV. 25 DEMONSTRATORS

REF: A. KUALA LUMPUR 1647 - POLICE BREAK UP PROTEST

B. KUALA LUMPUR 1646 - ARRESTS AHEAD OF RALLY

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) In the aftermath of the November 25 ethnic Indian
street demonstration, which police forcibly dispersed, the
Malaysian government has raised the stakes for its critics
who proceed with public rallies in defiance of government
bans. Prime Minister Abdullah Badawi warned the nation on
November 27 that it may become necessary for the Government
to invoke the Internal Security Act to halt anti-government
demonstrations that threaten "peace and harmony." Prominent
government figures spoke out against the recent street
demonstrations and reiterated calls for the use of the ISA
against those threatening the peace of the country through
street demonstrations. Police detained a prominent leader
from the Hindu Rights Action Force (HINDRAF) and interrogated
him for eight hours on allegations of seditious behavior and
speech. Eighty-eight persons have been charged in Malaysian
criminal courts for participating in the November 25
demonstration and all have asked for trial on all charges.
The Government has promised to seek financial compensation
from HINDRAF leaders for costs borne by the state to react to
the November 25 demonstration. Despite warnings from the
government, three more public rallies are planned for the
month of December. The government and its critics appear to
be on a collision course over street demonstrations. End
Summary.

PM Warns He Will Use ISA if Necessary
--------------


2. (SBU) Following the November 25 street demonstration by
the Hindu Rights Action Force (HINDRAF),pro-government
commentators from around the country began calling for the
use of the Internal Security Act (ISA),and its detention
without trial provisions, to arrest those defying government
orders banning street protests. On November 27, Prime
Minister Abdullah Badawi joined those voices, warning the
nation that it may become necessary for the Government to
invoke the ISA to control street demonstrations: "The ISA is
a preventive measure to protect the nation from incidents
that can harm the prevailing peace and harmony and create all
sorts of adverse situations. It will be used only when
appropriate. Right now the government is leaving it to the
police to evaluate the situation and take measures to
guarantee peace and security," Abdullah said.


3. (SBU) Abdullah's comments regarding the possible used of
the ISA opened the gates for more government officials to
make similar comments. UMNO Youth chief and Education
Minister Hishamuddin Hussein warned that HINDRAF's actions
could lead to racial conflict and encouraged the Prime
Minister to use the ISA. "I hope authorities will take stern
action and the prime minister is willing to use the Internal
Security Act in this manner. To us (UMNO Youth),HINDRAF is
a group that simply makes wild and baseless accusations to
incite racial hatred," explained Hishamuddin. Similarly,
Deputy Internal Security Minister Mohd Johari Baharom
announced the GOM could use the ISA against HINDRAF
organizers. In addition, he explained to the press on
November 29 that the GOM would seek damages from HINDRAF
leaders to compensate the government for damage to public
property and other expenses incurred by the GOM

Police Interrogate Lawyer, Others Expect Arrest
-------------- --


4. (SBU) Just one day after Abdullah's comments were printed
in the press and less than a week after sedition charges were
thrown out on a technicality (see ref A),police detained one
of HINDRAF's key leaders, lawyer VS Ganapathi Rao, and for
eight hours interrogated him concerning allegedly seditions
statements he had made at a HINDRAF meeting in the central
Malaysian city of Seremban. Although police released
Ganapathi at the end of the day, HINDRAF leaders P.
Uthayakumar and P. Waythmoorty have both told the press that
they expect to be arrested again any day and recharged under
Malaysia's sedition act. Malaysia's attorney general has
also filed an appeal regarding the dismissal of sedition
charges filed last week with the High Court of Malaya.


KUALA LUMP 00001664 002 OF 003


GOM Charges 88 for November 25 Protest
--------------


5. (SBU) A total of 88 people who participated in the
November 25 street protest have been charged in Malaysian
courts, accused of displaying a show of criminal force and
for attending an unlawful assembly. All 88 persons have
pleaded innocent and requested a trial on all charges.
Former IVP candidate N. Gobalakrishnan who serves as a
supreme council member in Anwar Ibrahim's People's Justice
Party is among those charged. After posting bail,
Gobalakrishnan re arrested on charges of sedition concerning
a speech he made in the state of Penang.

Address Indian Grievances through Existing Channels
-------------- --------------


6. (SBU) Local media reported that following the weekly
cabinet meeting on November 28, Prime Minister Abdullah
instructed Malaysian Indian Congress (MIC) leader and senior
cabinet member Samy Vellu to set up a special committee
within the party to analyze and address socio-economic
problems faced by the Indian community and to make a detailed
report to the PM. Since the November 25 rally, Abdullah has
reiterated the need for equity among the races, but has
encouraged all parties to work within the Barisan Nasional
(National Front) coalition's system to air their grievances
and raise attention to their struggles.

Muslim Youth Slam HINDRAF, but Defend Civil Liberty
-------------- --------------


7. (SBU) The Muslim Youth Movement of Malaysia (ABIM),an
influential and predominantly Malay group formerly organized
and led by Anwar Ibrahim, has also released a statement on
the recent street demonstrations. ABIM criticized the
race-based rhetoric in HINDRAF's earlier statements and
called some of the statements unjustified and seditious.
ABIM urged Malaysians not to take actions which could
jeopardize the "peace, harmony, public order and safety in
the country." Nevertheless, ABIM reiterated that "freedom of
assembly and expression are recognized fundamental rights
under our Constitution and should generally be exercisable by
all citizens."

Bar Council: ISA Warning "Draconian"
--------------


8. (SBU) The Malaysian Bar Council and prominent opposition
leaders strongly criticized PM Abdullah's threat to use the
ISA against organizers and participants of peaceful public
assemblies. Bar Council vice president R. Kesavan opined
that Abdullah was only trying to create fear in order to
prevent further protests, but that such warnings and actions
were "draconian" and could only be considered "regressive and
counterproductive." Malaysian Human Rights NGO Suaram
released a statement which argued that "Abdullah's threat to
use the ISA will anger the public more. They are already
facing injustices." Even the maverick UMNO parliamentarian
Zaid Ibrahim declared that Abdullah's threat to use the ISA
"shows the arrogance of the people in power."

Three More Public Demonstrations Planned
--------------


9. (SBU) Local media reports three more street demonstrations
are already planned for the month of December. On December
9, the Malaysian Bar Council plans to hold its annual Human
Rights Day march in central Kuala Lumpur. The Human Rights
Day march has received police permits and assistance in the
past. The Coalition for Free and Fair Elections (BERSIH),
the umbrella group that on November 10 staged Malaysia's
largest political protest in nine years, has expressed
interest in joining the march. BERSIH has also announced
that it intends to hold a demonstration outside of Parliament
on December 11 to protest against a constitutional amendment
currently before Parliament which seeks to raise the
mandatory retirement age of Election Commission Members to 66
(seen as a government move to keep the current EC chairman in
place for the national election). Finally, the Democratic
Action Party (DAP) is planning a third rally (date and venue
not yet announced) to protest impending hikes in highway toll
charges set to come into effect in several states on January

1. In the past, DAP, the Malaysian Islamic Party (PAS),and
the People's Justice Party (PKR) have all jointly
participated in protests over toll hikes, and the protest
will certainly include members of all these parties as well
as activist NGOs.

Comment

KUALA LUMP 00001664 003 OF 003


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10. (C)The government and its critics appear to be on a
collision course over street demonstrations. Given the
tactical success of recent public protests, the political
opposition and supporters of expanded civil liberties seem
intent on holding further public rallies. There will be an
incentive to continue such demonstrations in the run-up to
the pending national election. On the other hand, the GOM
has signaled its readiness to play its trump card -- the ISA
-- to halt the emerging pattern of anti-government rallies.
Unlike his predecessor Mahathir, PM Abdullah has not yet used
the ISA for political purposes. There are reasons for
Abdullah to be cautious about employing ISA because such a
move could create martyrs out of opposition leaders and would
risk international condemnation. Nevertheless, there will be
strong pressures on Abdullah to back up his ISA threat if, as
now appears to be happening, opposition politicians and civil
society activists move to carry out further large street
demonstrations.
KEITH