SUHAKAM CHAIRMAN REVIEWS HUMAN RIGHTS LANDSCAPE

C O N F I D E N T I A L KUALA LUMPUR 000151 SIPDIS SIPDIS DEPT FOR DRL, G/TIP AND EAP/MTS E.O. 12958: DECL: 03/05/2013 TAGS: PHUM PGOV KDEM MY SUBJECT: SUHAKAM CHAIRMAN REVIEWS HUMAN RIGHTS LANDSCAPE WITH AMBASSADOR REF: A. 07 KUALA LUMPUR 1711 - HINDRAF DETAINED UNDER ISA ¶B. 07 KUALA LUMPUR 1694 - EMBASSY RAISES CONCERNS Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b and d). Summary -------------- ¶1. (C) Malaysian Human Rights Commission (SUHAKAM) Chairman Abu Talib Othman reviewed the country's human rights landscape with the Ambassador during their February 15 introductory meeting. The Chairman noted SUHAKAM's role in pressing for the anti-trafficking in persons (TIP) law and serving on the national TIP council. While explaining that Malaysia's human rights conditions remained good relative to its neighbors, he described restrictions in civil liberties including freedom of the press and freedom of association, and noted SUHAKAM's call for abolishing the Internal Security Act. Abu Talib emphasized that SUHAKAM's role was primarily advisory; if the government did not accept its recommendations there was little SUHAKAM could do. The Ambassador used the occasion to highlight rule of law, transparency and accountability, freedom of the press, and combating trafficking in persons (TIP) as priorities facing Malaysia. This meeting highlighted the usefulness and limitations of SUHAKAM under Abu Talib's leadership. End Summary. Human Rights Good Compared to Neighbors, Despite Shortcomings -------------- -------------- ¶2. (C) SUHAKAM Chairman Abu Talib Othman engaged in an extensive review of Malaysia's human rights situation during the Ambassador's February 15 introductory call. Drawing on his nearly six years as head of the Malaysia's national human rights institution, Abu Talib remarked that "human rights conditions (in Malaysia) remain good compared to our neighbors," but acknowledged and discussed a number of the country's "shortcomings." Abu Talib noted several times that as leader of SUHAKAM, he had sought to overturn or amend laws that he himself had drafted and defended as former Prime Minister Mahathir's long-serving Attorney General (1980-1993). Trafficking in Persons -------------- ¶3. (C) The SUHAKAM Chairman welcomed Malaysia's recent passage of a comprehensive anti-trafficking in persons (TIP) law. He reviewed the Commission's early role in lobbying for ;this legislation, and applauded joint events with the U.S. Embassy that helped to raise awareness and generate pressure for action. Abu Talib noted SUHAKAM's membership on the National Anti-Trafficking Council, created by the law, and SUHAKAM's lead role in drafting the National Action Plan on TIP. He remarked in particular on the importance of Malaysia adopting international best practices for operating shelters for victims. The Ambassador stated that combating trafficking in persons represented a very high priority for the U.S. government. Malaysia's passage of the TIP law constituted an important step, and now we would need to watch closely the law's implementation and seek ways to assist. Political Rights -------------- ¶4. (C) Against the backdrop of Malaysia's impending March 8 elections, Abu Talib ranked political rights and the right to choose one's government as most important, given that elected leadership determined the respect and enforcement of other rights. Abu Talib noted that SUHAKAM had advocated with the government and the Election Commission (EC) for a longer campaign period, and for the 2008 election the EC had expanded the number of campaign days to 13, and increase from only seven days in 2004. Abu Talib remarked that gains by the political opposition might help create greater pressure for the respect of human rights. Legal Restrictions on Civil Society -------------- ¶5. (C) Abu Talib criticized current laws that provide undue restrictions on civil society. These include the Printing Press Act, which requires annual renewal of a publications license, allows no legal remedy in case of denial, and has the effect of "indirectly restricting freedom of the press." As another example, Abu Talib raised the Societies Act that requires ministerial approval to register political parties and other civil society organizations, and the GOM can reject registration on expansive security grounds. This created a situation "rife for abuse" by the government, and also lacked an appeal mechanism. Abu Talib remarked that, with the GOM's retention of such laws, there appeared to be "no political will to open space for the opposition." Transparency and Accountability -------------- ¶6. (C) The Ambassador noted that, like other countries, Malaysia's long-term political success required building a system of checks and balances that could advance transparency and accountability. A free press, judicial independence and integrity, a credible anti-corruption agency, and other independent watchdog institutions like SUHAKAM represented critical components for good governance. Abu Talib concurred with the Ambassador. He commented that the current government would not give full autonomy to the Anti-Corruption Agency because that would risk prosecution of many politicians from the ruling coalition. Internal Security Act -------------- ¶7. (C) Abu Talib stated that SUHAKAM has recommended the repeal of the Internal Security Act (ISA),which allows for detention without trial on national security grounds, because of the government's improper implementation of ISA's provisions. The GOM had used the 9-11 attacks and the global war on terror to justify retaining the ISA. In many cases, the government could use ordinary laws, and should have done so in the case of five Indian rights activists detained under ISA in December 2007 (reftels). The Ambassador said that ISA should be reserved for the rare cases in which the government must act immediately to disrupt terrorists and their plans. The Ambassador highlighted the importance that over time Malaysian officials develop the capacity to investigate and prosecute terrorist suspects rather than rely solely on ISA. UN's Universal Periodic Review -------------- ¶8. (C) The Ambassador asked whether the UN Human Rights Council's Universal Periodic Review (UPR) of Malaysia in 2009 would present opportunities to leverage human rights progress. Abu Talib did not appear focused on the UPR, but noted that SUHAKAM as a member of the Asia-Pacific Forum had input as a non-governmental actor into UNHRC proceedings. SUHAKAM's Role -------------- ¶9. (C) Abu Talib stated that the government respected SUHAKAM's independence and did not interfere with the Commission's internal proceedings. He pointed out several times that SUHAKAM can recommend courses of action to the government, but it cannot enforce these recommendations: "If the government does not act on our advice, there's nothing we can do." NGOs had criticized SUHAKAM, and himself personally, for not taking a more activist stand on issues, but SUHAKAM's mandate is limited, Abu Talib explained. Nevertheless, SUHAKAM's actions had achieved positive results, for example in reducing police brutality, urging the drafting of an anti-trafficking in persons law, and working closely with the Education Ministry to introduce human rights into national curriculum. Abu Talib noted he supported an approach that linked human rights with responsibilities, and that he also understood that rights need to be adapted to local sensitivities and conditions, positions which attracted criticism from some activists. Comment -------------- ¶10. (C) Abu Talib's review highlighted many subjects that feature in our own human rights country report on Malaysia. The meeting illustrated SUHAKAM's unique institutional position as an agent for promoting human rights in some circumstances, for example SUHAKAM's significant role as the non-governmental voice in policy discussions regarding trafficking in persons. Our meeting also indicated SUHAKAM's limits under Abu Talib's leadership, with the Commission unwilling or unable to leverage effectively its position to pressure the government on recent important human rights issues, such as restrictions on freedom of assembly and the GOM's use of the ISA against political protest organizers. During his three two-year terms as Chairman, and in comparison to his predecessor Musa Hitam, Abu Talib has acquired a reputation in the human rights community as overly quiet and bureaucratic. Abu Talib's current term as Chairman expires on April 1, and it is unlikely the government will extend him for a fourth term. KEITH