MALAYSIA'S HINDRAF LEADER SEEKS POLITICAL ASYLUM

C O N F I D E N T I A L LONDON 001746

NOFORN
SIPDIS

E.O. 12958: DECL: 06/26/2018
TAGS: PREL PHUM MY UK
SUBJECT: MALAYSIA'S HINDRAF LEADER SEEKS POLITICAL ASYLUM
IN BRITAIN

REF: STATE 65565

Classified By: POLITICAL MINISTER COUNSELOR MAURA CONNELLY FOR REASONS
1.4 (B) and (D)


1. (C/NF) Summary: Waytha Moorthy, director of the Hindu
Rights Action Force (HINDRAF),told us on June 25 that he is
NOT seeking asylum in the U.S., but is seeking asylum in the
UK. He said that his application process is currently
stalled, however, and he speculated that HMG may not grant
him asylum so as not to upset the Malaysian government. He
also expressed concerns that the Malaysian government
rescinded his passport in order that he be deported back to
Malaysia, where he fears arrest. Moorthy asked whether the
USG could issue him travel documents to allow him to carry
out his human rights work in the U.S. Moorthy also requested
financial assistance for his human rights work, which, he
claims, focuses on minority rights for the non-Muslim
communities in Malaysia. He said that his work is especially
important today, as Malaysia increasingly relies on Islamic
Sharia law either alongside or in place of Malaysian common
law, and that HINDRAF is the only Malaysian group working to
combat such changes to the legal system. End Summary.


2. (C/NF) Per Department's request, poloff contacted Waytha
Moorthy June 20 to deliver reftel points. In response,
Moorthy said:

-- HINDRAF as an organization has always been misunderstood.
It is not an Indian political institution, but a organization
concerned with the protection of minority rights, as provided
for by the UN Convention on Minority Rights. Malaysia itself
does not understand the concept of minority rights;

-- He has not made a request for political asylum in the
U.S.; and

-- He had wanted to meet with a U.S. Embassy (Political
Affairs) representative at Embassy Kuala Lumpur.

June 25 meeting with Moorthy
--------------


3. (C/NF) In a subsequent meeting June 25 with poloffs,
Moorthy sought to clarify his asylum status and describe his
work. He reaffirmed that he has not sought political asylum
in the U.S. and is instead currently seeking asylum in the UK.


4. (C/NF) Moorthy said that he fled Malaysia after being
arrested and then released by Malaysian government
authorities in November 2007, and is fearful that he will be
re-imprisoned if he returns. He traveled to India, Europe,
and the United States, before settling in London, where he
currently resides. During his travels, Moorthy met with a
number of NGOs and government officials, including
Congressional staff in the U.S. in April. He had planned to
go back to the U.S. in May, but the Malaysian government
revoked his passport, preventing him from traveling. Moorthy
subsequently applied for political asylum in the U.K., where
his claim is currently being processed. He said that, at one
point his application was fast-tracked, but that no actions
have since been taken; he suspects that HMG has decided to
take no action or move slowly. Moorthy speculates that HMG
does not wish to aggravate the Malaysian government by
granting him asylum, citing the high volume of trade
(including a pending arms sale) between the two countries.


5. (C/NF) Moorthy believes that the Malaysian government
revoked his passport to prevent him from furthering his and
HINDRAF,s cause, and so that he would eventually be deported
back to Malaysia. He explained that several other HINDRAFF
leaders were arrested in December 2007 and are still being
held without trial.


6. (C/NF) Poloff reiterated the reftel point that the USG
does not support politically-partisan organizations.
According to Moorthy, however, HINDRAF is a nonpartisan
organization that advocates for minority rights in Malaysia.
He founded the organization in response to what he saw as an
increasingly influential Islamic presence in Malaysia,s
government, and as an attempt to counterbalance the rise of
Sharia law, which he claims is now often being used alongside
or in place of traditional Malaysian constitutional law. He
is particularly concerned with a 1988 law ) Article
121(1)(a) ) that established governmentally-sanctioned
Sharia courts. Moorthy said that HINDRAF is the first
organization to come out strongly against these changes to
Malaysian law. He further explained that, although HINDRAF
remains a predominantly Hindu advocacy group, it focuses on
the expansion of democratic rights for all Malaysians, and is
particularly involved in the advocacy of freedom of religion,
educational equality, and equal rights for minorities. While
HINDRAF has sought to coordinate its efforts with other
minority groups, it has had little success in such efforts.
It has, however, managed to make it presence known and stage
large protests against the government; Moorthy claims that a
November 25, 2007 HINDRAF-organized protest in Kuala Lumpur
attracted nearly 100,000 people.

What Moorthy Wants
--------------


7. (C/NF) Moorthy is concerned that his application for
asylum status in the U.K. has been put on hold leaving him
without documentation to travel. He asked whether the U.S.
would issue a travel document so that he may travel to the
U.S. (or Canada) to pursue his advocacy work on a temporary
basis. Poloffs explained that they were unaware of the
existence of such a travel document, and that they were
doubtful that Moorthy could be accommodated. Moorthy then
said that he does NOT want permanent asylum, either in the
U.K. or U.S. He said that he hopes to return to Malaysia as
soon as possible, as his family and law practice remain
there, but will only return after the other imprisoned
HINDRAF leaders have been released.


8. (C/NF) Moorthy also requested financial support and
training for his organization. He desires funds so that he
can continue advocating for Malaysian minority rights while
he is abroad, and for the establishment of a mission both to
monitor and document human rights violations in Malaysia and
to train Malaysian citizens in the investigation of human
rights abuses.


9. (C/NF) Poloff asked, and Moorthy confirmed, that he is not
seeking status as a refugee. He was aware of the UNHCR-led
process to gain refugee status. He also understood that a
travel document could be issued if he acquired refugee status.


10. (C/NF) Poloffs explained that they were not in a position
to offer assistance, determine whether HINDRAF was a partisan
organization, or provide a travel document, but pledged to
convey Moorthy's account of his status and the purpose of
HINDRAF to Washington and American Embassy Kuala Lumpur.


11. (C/NF) As instructed in reftel, Poloff informed HMG (the
FCO) that she had made contact with Moorthy.


12. (C/NF) COMMENT: It is too early to determine the accuracy
of Moorthy's suspicion that HMG is stonewalling his political
asylum application. The Home Office (which determines
matters of political asylum) moves very slowly as a general
rule. Consequently, what Moorthy might view as a "decision
not to decide" may simply be bureaucratic inertia.

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