MALAY RULERS REASSERT CONSTITUTIONAL ROLE IN

C O N F I D E N T I A L SECTION 01 OF 03 KUALA LUMPUR 000929

SIPDIS

FOR EAP/MTS AND INR

E.O. 12958: DECL: 10/21/2018
TAGS: PGOV PINR KDEM PJUS MY
SUBJECT: MALAY RULERS REASSERT CONSTITUTIONAL ROLE IN
UNPRECEDENTED STATEMENT

Classified By: Political Counselor Mark D. Clark for reasons 1.4 b and
d.

Summary
--------------


1. (SBU) Malaysia's nine Malay monarchs, who form a
collective called the Council of Rulers, released an
unprecedented special statement on October 16 reaffirming
their fundamental constitutional role and defending key
provisions in the federal constitution regarding ethnic Malay
interests, as well as minority rights. The broad statement
touched off competing public interpretations by different
political actors. Conservative voices in the ruling UMNO
party broadcast the statement as a "warning" to those
challenging the status quo, while Opposition leaders
interpreted the Rulers' words as a warning to UMNO not to
abuse racial sentiments for political gain. The Council of
Rulers also reportedly affirmed the appointment of UMNO
former legal counsel as Malaysia's next Chief Justice,
raising some question about the future of judicial reform.


2. (C) Comment: The Council of Rulers' October 16 statement
is unprecedented in modern Malaysia, according to local
historians. Recent events such as race-based turmoil among
UMNO and its Chinese coalition partners, the seemingly
reckless use of the ISA, and most recently the ban of the
Hindu Rights Action Force (Hindraf) have raised concerns over
ethnic harmony in Malaysia. The Rulers, normally an
apolitical grouping, have chosen this juncture to reassert
their role as guarantors of Malaysia's inter-ethnic political
compromise represented by the constitution. The monarchs'
statement appears to be intended to cool racial rhetoric and
dampen inter-ethnic tensions, while reaffirming their own
constitutional prerogative. Beyond this, however, it is not
clear that the Rulers have weighed in to the benefit of UMNO
or any other political party. All sides have pocketed the
Royal remarks for their own diverse purposes and moved on,
while the monarchs themselves have remained silent on these
contradictory interpretations. It is also not clear to us
what the Council's statement portends for the Rulers' future
activism in constitutional matters. Summary and Comment.

Malay Rulers Reiterate Constitutional Role
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3. (SBU) Malaysia's nine Malay Rulers, who have traditionally
been apolitical, released an unprecedented special statement
on October 16 reiterating their constitutional role and
defending other key provisions in the Federal Constitution.
In the broadly worded statement, the Malay Rulers explained
their constitutional role "to safeguard the special
privileges, position, eminence and greatness of the Malay
Rulers, safeguard Islam, Malay as the National Language, and
the genuine interests of the other communities in
Malaysia..." They stressed that "this agenda is more
important and foremost than political or factional
interests." The rulers pointed out that of late several
quarters who have "a cursory knowledge" of the background of
the constitution have disputed and questioned these
provisions, which they described as the "Social Contract"
that "formed the primary basis for the formation of Malaysia
and are enshrined in the Federal Constitution." This has
resulted in dissatisfaction and anger among Malay leaders,
NGOs and individuals and those who take advantage of these
issues for their "own narrow political interests." The
rulers warned "Unless this phenomenon is arrested
immediately, it can lead to disunity and racial strife that
can undermine the peace and harmony which has all this while
brought progress, development and success to the nation."
Therefore, the rulers felt it was not proper to dispute,
question, review, test, change or challenge issues related to
the Social Contract.


4. (U) The Malay monarchs' statement also reminded the people
that the rulers played a role in the independence of the
country and that the institution of Rulers has been enshrined
in the constitution, "at the apex of Government, as the head
of the country and the states, as a protective umbrella,
ensuring impartiality among the citizens." The rulers also
stressed that the institution of Rulers takes on the role of
being a "check-and-balance factor to untangle complications."
They concluded by reiterating the importance of Malay unity
and the constitutionally guaranteed rights of the non-Malays,

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and hoped "all confusion among the people regarding these
matters can be contained, and an atmosphere of peace, harmony
and mutual respect can continue to exist among the people for
the maintenance of order in the country.8


5. (SBU) Following release of the statement, the Royal
Chamberlain attached to the Council clarified that the Rulers
in fact had drafted their remarks prior to the Council's
meeting, seemingly an effort to distance the remarks from any
particular political pressure.

Conflicting Interpretations
--------------


6. (C) Prime Minister and United Malays National Organization
(UMNO) President Abdullah Badawi stated on October 18 that
the rulers were reminding Malaysians to "uphold and respect
the constitution." However, other UMNO leaders who are
currently campaigning for party positions and the UMNO owned
Malay language media interpreted the ruler's statement as the
"final word," "a meaningful reminder," "an appropriate
non-compromising stand," and a "warning" against those who
question Malay rights and the position of Islam in the
country. UMNO cabinet minister Shahrir Samad, who is not
identified as a hardliner, told us on October 21 that those
UMNO leaders who are "ranting" over the statement do not seem
to realize that the rulers are actually reminding political
parties that they are also "stake holders" in the country's
political future. He stated candidly that UMNO cannot
continue to claim ownership of the symbols of "Malay
supremacy" by forgetting the role of the Malay rulers.


7. (C) In contrast with UMNO's public spin, Opposition
parties interpreted the statement as a warning to UMNO not to
incite racial hatred. The Peoples Justice Party (PKR) Vice
President Azmin Ali told us on October 21 that the statement
was a clear reminder to UMNO "not to view all issues from a
narrow racial perspective." The party's Information Chief
Tian Chua added that the statement was a signal that no
political force can claim to be defending the rights of any
race. He added that it was a warning to UMNO to mind its own
business and not to interfere in the role of the "monarchy
that is supposed to look after Malay rights." Democratic
Action party (DAP) senior leader and parliamentarian Lim Kit
Siang stated that the Rulers' remarks should be seriously
studied by all Malaysians who are interested in the well
being of the country "so that we can enhance our national
competitiveness in the borderless era of information
technology and globalization."


8. (SBU) Malaysian civil society likewise emphasized varying
interpretations of the Ruler's remarks aimed at bolstering
their own positions. The Council's announcement received a
significant amount of media coverage, garnering front page,
large-lettered headlines in all the dailies. Interestingly
enough, the two most prominent UNNO publications--the New
Straits Times and the Utusan--conveyed different
interpretations of the remarks, with Malay-language Utusan
supporting a more hardline interpretation to feed its ethnic
Malay readership. The president of the UMNO-backed Malay
Solidarity Council (which reportedly represents 200 small
Malay NGOs) Ismail Hussin claimed the statement supported his
group's campaign against what they see as an increasing
challenges to Malay special privileges. Malaysian Bar
Council President Ambiga Sreenevasan, who has faced
conservative Malay criticism for the Council's recent attempt
to hold a seminar on religious conversion, told reporters
October 17 that the statement reaffirmed the importance of
the federal constitution and was a reminder of the guarantees
accorded to all Malaysians. Malaysian Human Rights Society
President Malik Imtiaz echoed Ambiga's view adding that the
statement "places equal emphasis on both Malay rights and
non-Malays rights." Malaysian Human Rights Commission
Chairman Abu Talib Othman stated that the rulers felt they
had a duty to ensure the country prospered and developed
peacefully in accordance with the Constitution. He added
that it was a reminder to all Malaysians "not to do anything
to affect the (nation's) peace and harmony."

Rulers Affirm Former UMNO Lawyer as Chief Justice
-------------- --------------


9. (SBU) In a related development, the Conference of Rulers
at its October 16 meeting decided to affirm Court of Appeal

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President Zaki Tun Azmi as the next Chief Justice of
Malaysia, according to press reports. He replaces Chief
Justice Abdul Hamid Mohamed who officially retired on October

17. Under Article 122B (1) of the Federal Constitution,
"the Chief Justice of the Federal Court, the President of the
Court of Appeal and the Chief Judges shall be appointed by
the King acting on the advice of the Prime Minister, after
consulting the Conference of Rulers.8 Zaki, who until last
year was UMNO's long-time legal advisor, made history in
September 2007 when he was appointed directly to the Federal
Court from the legal profession, bypassing other senior
judges. Opposition coalition Peoples Alliance (PR) had
submitted a letter dated October 16 to the King and all the
Malay rulers urging a deferment in the appointment of the
Chief Justice and consideration of public opinion on the
matter. Over 25,000 people have already signed an online
petition to the king to object to Zaki's appointment due to
his involvement with UMNO. In their letter the PR leaders
stated that "the appointment of the chief justice is
important to ensure the integrity and credibility of the
judiciary." Although Zaki's appointment has not been
officially announced, Bar Council President Ambiga
Sreenevasan told reporters she hoped that Zaki would dispel
concerns expressed about his political and business
affiliations "through the conduct of his duties and by a
demonstration of independence and impartiality at all times."
KEITH