AMBASSADOR RAISES ISA CONCERNS WITH LAW MINISTER

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 001721 SIPDIS SIPDIS STATE FOR EAP/MTS E.O. 12958: DECL: 12/11/2017 TAGS: PGOV PREL PTER KDEM KJUS MY SUBJECT: AMBASSADOR RAISES ISA CONCERNS WITH LAW MINISTER REF: A. KUALA LUMPUR 1711 - HINDRAF DETAINED UNDER ISA ¶B. KUALA LUMPUR 1694 - EMBASSY RAISES CONCERNS ¶C. KUALA LUMPUR 1691 - HUMAN RIGHTS DAY ARRESTS ¶D. KUALA LUMPUR 1684 - GOM TRIES TO KEEP LID ON ¶E. KUALA LUMPUR 1664 - WARNINGS ON FUTURE PROTESTS ¶F. KUALA LUMPUR 1647 - POLICE BREAK UP PROTEST ¶G. KUALA LUMPUR 1646 - ARRESTS AHEAD OF RALLY ¶H. KUALA LUMPUR 1613 - BERSIH RALLY ¶I. KUALA LUMPUR 1377 - TERENGGANU RIOT Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b and d). ¶1. (C) Summary: The Ambassador met on December 14 with de facto Law Minister Nazri Aziz and raised U.S. concerns over Malaysia's use of the Internal Security Act (ISA) in light of the December 13 detention of five ethnic Indian activists. Minister Nazri vigorously defended use of ISA as necessary to maintain public order and indicated the government would detain more people under ISA if necessary. Nazri noted the national election could be called as soon as January. The Ambassador took the occasion to thank Nazri for his role in the passage of the anti-trafficking in persons act, and discussed exchanges of lawmakers and judges. Driven by pre-election calculations, the UMNO-led government clearly remains committed to using the ISA if needed to shut down future street demonstrations and wrap up the organizers. End Summary. ¶2. (C) Ambassador Keith utilized his December 14 introductory meeting with de facto Law Minister Mohamed Nazri Abdul Aziz to raise U.S. concerns over Malaysia's usage of the ISA, which provides for detention without trial, following the GOM's December 13 decision to invoke ISA against five ethnic Indian activists (ref A). The Ambassador noted that it was incumbent upon democratic governments to balance the need for public order with the fundamental rights to freedom of speech and assembly. The ISA represented a very serious measure, and to employ it in cases which seemed more political rather than related to security threats sent a negative signal to the outside world about Malaysia's democracy. Usage of the ISA also could be misread by outsiders, including investors, as an act of desperation by the Malaysian government, when in fact the country remained stable and secure. The Ambassador noted that the U.S. stance should not be misinterpreted as a partisan political gesture or as in any way supporting protests that threaten public order and safety. In order to avoid misunderstandings, the Ambassador encouraged improved dialogue between U.S. and Malaysian officials on matters likely to attract significant international attention. ¶3. (C) Minister Nazri vigorously defended Prime Minister Abdullah's decision to use ISA detention against the leaders of the Hindu Rights Action Force (HINDRAF) as a preemptive measure to stop HINDRAF from fomenting violence. HINDRAF leaders had espoused violence in some recent speeches, and they persisted in their agitation despite government warnings. At one point a HINDRAF leader had planned to visit the Tamil Tigers in Sri Lanka. Since the criminal charges that the government could bring against HINDRAF were all bailable offenses, only the ISA or the Sedition Act could get HINDRAF leaders off the streets. Nazri said that, as a lawyer, he personally was "loathe" to use the ISA, but the government had no choice. ¶4. (C) Nazri added that ethnic Malays demanded the government take strong action against HINDRAF. To do otherwise would play into the hands of the Islamist opposition party, PAS. (Comment: In fact, PAS has supported ethnic Indians' right to demonstrate, while taking issue with HINDRAF's inflammatory remarks. End Comment.) In addition, foreign investors appreciated the government's firm commitment to maintaining law and order. Those groups wishing to hold rallies could do so in confined spaces, such as stadiums, rather than take to the streets. Nazri also criticized public protests by opposition parties and civil society organizations joined under the banner of BERSIH, an electoral reform umbrella group. Nazri noted that "we will use the ISA again" against others as necessary. ¶5. (C) In the course of conversation, Minister Nazri said the national election could come "soon," and possibly as early as January. (Comment: From different insiders we KUALA LUMP 00001721 002 OF 002 continue to hear various possible dates during the first quarter of 2008 for the national election. End Comment.) Nazri said confidently that the leading United Malays National Organization (UMNO) and its partners in the National Front coalition would "sweep the polls" if elections were held now. ¶6. (C) The Ambassador took the opportunity to thank Nazri for his role in the passage of Malaysia's comprehensive anti-trafficking law earlier in the year. The law represented a significant achievement and the U.S. looked forward to Malaysia's implementation of the act. ¶7. (C) The Ambassador urged Nazri to work with the Embassy on increased exchanges between our respective national lawmakers and judges. Malaysia should seek out opportunities to invite members of the U.S. Congress and senior judges, the Ambassador said, noting the successful visit of Supreme Court Justice Kennedy in 2006. The Ambassador invited Minister Nazri to visit Washington soon. ¶8. (C) Comment: The Ambassador spoke frankly with Nazri, making very clear the U.S. position. This should help to ward against potential GOM misunderstanding of U.S. public statements on freedom of assembly and the ISA. Driven by pre-election calculations, the UMNO-led government clearly remains committed to using the ISA if needed to shut down future street demonstrations and wrap up the organizers. The Malaysian government does care about its international reputation, as demonstrated by the Foreign Minister's December 13 briefing of ambassadors on the government's response to the protests and use of ISA, and as further illustrated by the GOM's furor at HINDRAF's appeals overseas. As our meeting with Minister Nazri clearly demonstrated, however, international concerns over ISA will remain a distant second to the domestic political calculus. KEITH