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
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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
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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