EMBASSY RAISES CONCERNS OVER FREEDOM OF ASSEMBLY,

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 001694 SIPDIS SIPDIS E.O. 12958: DECL: 12/11/2017 TAGS: PREL PGOV PHUM KDEM KJUS MY SUBJECT: EMBASSY RAISES CONCERNS OVER FREEDOM OF ASSEMBLY, ISA REF: A. KUALA LUMPUR 1691 - HUMAN RIGHTS DAY ARRESTS ¶B. KUALA LUMPUR 1684 - GOM TRIES TO KEEP LID ON ¶C. KUALA LUMPUR 1664 - WARNINGS ON FUTURE PROTESTS ¶D. KUALA LUMPUR 1647 - POLICE BREAK UP PROTEST ¶E. KUALA LUMPUR 1646 - ARRESTS AHEAD OF RALLY ¶F. KUALA LUMPUR 1613 - BERSIH RALLY DRAWS TENS OF ¶G. THOUSANDS ¶H. KUALA LUMPUR 1377 - TERENGGANU RIOT Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b and d). ¶1. (C) Summary: Embassy raised concerns over freedom of assembly with two senior Malaysian officials on December 6 and December 11, respectively, in light of the continued arrests of opposition and civil society organizers of rallies critical of the government. An advisor to the Prime Minister on internal security matters noted that PM Abdullah is under pressure from hardliners within his ruling UMNO party to take tough action against anti-government protest organizers. PM Abdullah would invoke ISA detention without trial if advised to do so for the sake of national stability, and this would trump any international concern. A Foreign Ministry official stated that an ethnic Indian group's exaggerated claims of "ethnic cleansing" threatened racial harmony in Malaysia. End Summary. ¶2. (C) Polchief met on December 6 with Wan Farid, Political Secretary to Prime Minister Abdullah Badawi in Abdullah's SIPDIS role as Minister for Internal Security, and raised the issue of recent public protests and the Malaysian government's response. Wan Farid focused on the November 25 demonstration by ethnic Indians and said the GOM recognized a risk that the situation could deteriorate into inter-racial conflict, adding the government would continue to take serious measures to prevent this outcome. The GOM did not want counter-demonstrations by Malays, and had stopped two attempts by groups affiliated with the ruling United Malays National Organization (UMNO) party to stage protests, including one associated with rumors of a December 16 Malay rally. A martial arts association sponsored by UMNO, Perkida, was one such group. ¶3. (C) Wan Farid stated that UMNO party rank-in-file are extremely angry at recent protests, particularly that by the Hindu Rights Action Force (Hindraf),and want Abdullah to take tough action against past and would-be demonstrators who are perceived as threatening Malaysia's multiracial social compact. GOM officials are balancing these political pressures with the realization that harsh actions could backfire and make matters worse, Wan Farid acknowledged. ¶4. (C) PM Abdullah recently told Inspector General of Police Musa Hassan and Wan Farid that he (the Prime Minister) is willing to approve use of the Internal Security Act (ISA, which provides for detention without trial),and he will not hesitate to make that decision if he receives "professional advice" that ISA is needed to preserve national stability. (Comment: PM Abdullah has repeated this general point in public. End Comment.) Wan Farid recognized that ISA detention could create martyrs out of government opponents. ¶5. (C) Polchief told Wan Farid that the Malaysian government's tough law enforcement approach to the public rallies was attracting negative international attention and questions regarding democratic freedoms in Malaysia. While noting the GOM's expressed intent to safeguard public order and security, Polchief raised concerns that a Malaysian decision to invoke ISA against government critics would be perceived very negatively outside Malaysia, and could inadvertently increase the political stature of those detained without trial. Wan Farid responded sharply that "political stability outweighs international concerns," and reiterated that the Prime Minister would authorize use of ISA if "professionals" advised him to do so. ¶6. (C) Polchief met with Ambassador Ramlan Ibrahim, head of the Americas Division at the Foreign Ministry, on December 11, and highlighted the adverse international attention to Malaysia's recent handling of public rallies and the arrest of organizers. Polchief noted U.S. principled support for basic civil liberties, such as freedom of assembly. (Note: This meeting followed the arrest of opposition party officials and lawyers attempting to carry out a Human Rights Day march on December 9, ref A. End Note.) Malaysia was attracting criticism for curtailing freedom of assembly and threatening to use ISA against opposition and NGO organizers, KUALA LUMP 00001694 002 OF 002 Polchief said. Ramlan stated that Hindraf in particular was spreading lies regarding Malaysia, including outrageous claims of "ethnic cleansing," and this threatened racial harmony and national stability. The GOM would enforce the law in the interests of the wider public. Of course, Ramlan added, it was important to remember that these events were playing out in the run up to the next national election. ¶7. (C) Comment: Senior Embassy officers will continue to raise concerns over respect for basic civil liberties with Malaysian officials. In doing so, we will be careful to make clear that we are not in anyway interfering in partisan politics, a critical point given Malaysia's pre-election environment. Septel reports the December 11 arrests of over 20 persons in connection with an aborted demonstration at Parliament. Those arrested include a number of senior opposition party officials. KEITH