Khamis, 14 Julai 2011

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WIKILEAKS: UNPRECEDENTED SEDITION CHARGES AGAINST BLOGGER

Posted: 14 Jul 2011 01:00 AM PDT

Raja Petra was charged after posting an article on his website on April 25 entitled 'Let's send the Altantuya murderers to hell' that implied that DPM Najib Tun Razak and his wife Rosmah Mansor were connected to the 2006 murder of a young Mongolian interpreter, Altantuya Shaaribuu. He also accused PM Abdullah of holding on to evidence that implicates his deputy in order to keep Najib in line. 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L SECTION 01 OF 02 KUALA LUMPUR 000355

 

SIPDIS

 

FOR EAP/MTS AND DRL - JANE KIM

 

E.O. 12958: DECL: 05/18/2018

TAGS: PGOV, PHUM, PINR, KDEM, KPAO, MY

SUBJECT: UNPRECEDENTED SEDITION CHARGES AGAINST BLOGGER

 

REF: A. A) KL 130 - PRESS STIFLED IN ALTANTUYA TRIAL

     B. B) KL 73 - PROSECUTOR DOWNBEAT ON ALTANTUYA CASE

     C. C) 2007 KL 291 )RAZAK BAGINDA CASE

 

Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b and d).

 

 1. (C)  Summary. For the first time, Malaysian authorities have resorted to a colonial-era law to bring sedition charges against a blogger and the author of a comment on an internet web site.  Blogger and veteran anti-government activist Raja Petra Kamarudin touched a sensitive nerve in implying that DPM Najib Tun Razak and his wife were connected to 2006 murder of a young Mongolian interpreter, Altantuya Shaaribuu (reftels).  He also accused PM Abdullah of holding on to evidence that implicates his deputy to keep Najib in line. 

Visiting EAP DAS Marciel raised the issue with Deputy Home Minister Wan Farid on May 6, and Wan Farid indicated the proceedings against Raja Petra should be a warning to other bloggers.  The Raja Petra case will continue to keep public focus on the Altantuya case and allegations of Najib's involvement.  Prosecuting a blogger for sedition also complicates Prime Minister Abdullah's efforts to be seen as a reformer.  End summary.

Colonial-era Sedition Act utilized

2. (SBU) On May 6 Malaysian Police charged blogger Raja Petra Kamarudin and Syed Ali Akhbar, who posted a comment on Raja Petra's website, with sedition.  This is the first time Section 4(1)(c) of the Sedition Act (enacted by British colonial authorities in 1948) has been used in response to material appearing on the internet. 

The Section reads, 'Any person who prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication' can be charged with sedition.  If found guilty, Raja Petra and Syed Ali could be jailed for a maximum of three years and/or face a fine of up to USD1,600. 

Syed Ali was released on bail after pleading not guilty and the court fixed June 10 to hear submissions by the defense and prosecution on a preliminary objection raised by the defense, which claimed that the charge was groundless.  Raja Petra initially refused to post bail and was remanded at the Sungai Buloh prison, but on May 8 he changed his stance and he was scheduled to be released on bail May 9.  His trial is fixed for October 6-10.

3. (SBU) Another prominent blogger described Raja Petra's action to poloffs as a gambit to not only generate publicity for himself but also for his news portal Malaysia Today (www.malaysia-today.net).  The local blogger community as a whole has reacted with outrage to what is seen as a threat to the free exchange of ideas on the internet.

The Malaysian Bar Council called on the authorities to withdraw the charges against Raja Petra and Syed Ali, describing the relevant section of the Sedition Act as a draconian, archaic and repressive legislation that has long outlived any perceived utility it might ever have had. 

A number of prominent civil society groups issued a statement characterizing Raja Petra's arrest as politically motivated and aimed at silencing principled and uncompromising voice speaking against the abuse of power, including those stemming from the highest level of government and authority.

4.  (C) DPM Najib publicly denied that the arrests were politically motivated or an indication of government intentions to crack down on internet sites.  Visiting EAP DAS Scot Marciel raised the case with Deputy Home Minister Wan Farid on May 6 and questioned why the government was using sedition charges in such a case. 

Wan Farid said bloggers could not be allowed to accuse people of murder and not back up such claims.  "You can't just (post) anything on the internet," and not expect consequences, indicating this was a warning to other bloggers.  The government would proceed with the case in court, Wan Farid said.

Raja Petra a thorn in UMNO's side

5. (SBU) Raja Petra was charged after posting an article on his website on April 25 entitled 'Let's send the Altantuya murderers to hell' that implied that DPM Najib Tun Razak and his wife Rosmah Mansor were connected to the 2006 murder of a young Mongolian interpreter, Altantuya Shaaribuu.  He also accused PM Abdullah of holding on to evidence that implicates his deputy in order to keep Najib in line. 

Two police officers from the security detail of DPM Najib have been charged for killing Altantuya, while Abdul Razak Baginda, a close associate of DPM Najib, was charged with abetting the murder.  The murder trial that began in June 2007 has been dragging along for nearly a year, giving rise to suggestions of deliberate delays for political reasons (Ref A ).

6.  (SBU) This is not the first time Raja Petra, a cousin of the current Sultan of Selangor, has challenged the ruling establishment. He was one of the key leaders of the reformasi movement launched in September 1998 by former DPM Anwar. 

In 2000 he became the Director of the Free Anwar Campaign (FAC) and founded the FAC website that regularly posted articles criticizing the government. 

In 2001 he was detained under the Internal Security Act (ISA) and held for 52 days before being released unconditionally, reportedly due to pressure from his uncle the then King, the late Sultan of Selangor. 

In July 2007 he was detained, questioned and released after UMNO Information Chief Muhammad Muhammad Taib filed a police report against him for allegedly insulting the King and Islam.

7. (SBU) Raja Petra launched Malaysia Today in August 2004 "to test how far Malaysia under its new Prime Minister (PM Abdullah) can honor, respect and tolerate free speech."  The blog grew to an average of 1.5 million hits a day and was voted one of the top ten websites by local internet users in 2007. 

One reporter describes it as Malaysia's answer to the U.S. Drudge Report, a news aggregation site, dedicated to entertaining tales of political intrigue.  In meetings with poloffs, Raja Petra has nevertheless insisted that all of his reports are backed by hard evidence.

8. (SBU) UMNO leaders have blamed internet media and bloggers, in particular Raja Petra, as contributing to the BN's setback in the March election.  Raja Petra agreed, telling reporters on May 6, they lost in the election because of the internet war. Malaysia Today was one of the culprits. He added that his defense team would prove there was no case against him and that it was a matter of political persecution.

One sympathetic academic described the action against Raja Petra as the return to sledgehammer rule by UMNO, but added recalcitrant bloggers like Raja Petra threaten UMNO's survival, because the ruling party has failed to find a formula for countering its internet critics.

Syed Akhbar Ali: Easy to Impress the Malays

9. (SBU) In Syed Akhbar Ali's case, the author was belatedly charged for posting a comment in June 2007 on a Raja Petra authored Malaysia Today piece alleging strong links between Inspector General of Police Musa Hassan and a major organized crime syndicate. 

Raja Petra had written that the syndicate protected by the IGP was involved in prostitution, drugs, and illegal gambling.  In his comment, titled Easy to Impress the Malays, Akhbar used crude language in maintaining that massage centers are mushrooming in the city due to the sudden increase in Arab visitors, and in a similar vein went on to make some scurrilous comments about the Arabs and Islam, and the naivety of Malays in accepting Arab ideas.

Comment

10.  (C) In another indication of the growing influence of internet media, both DPM Najib and his wife have been compelled to go public in responding to Raja Petra's report, maintaining that the allegations are unfounded and unfair. 

The Raja Petra case will continue to keep public attention on the Altantuya murder and on allegations of Najib's involvement in the crime at a time when Prime Minister Abdullah has announced Najib as his eventual successor.  Prosecuting a blogger for sedition complicates Prime Minister Abdullah's efforts to be seen as a reformer and will further boost the profile of Malaysia's anti-government internet activists.

KEITH

 

Now do you understand the meaning of The Third Force?

Posted: 13 Jul 2011 05:31 PM PDT

We hope, now, the meaning of The Third Force becomes clearer. And the newly crowned leader of this Third Force is Ambiga Sreenevasan. She may be a reluctant leader. Maybe she did not plan to emerge as its leader. However, like it or not, she is now the leader of Malaysia's Third Force.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Reject Anwar's 'revolution', says Utusan Malaysia 

(The Malaysian Insider) - Continuing its anti-Bersih tirade today, Utusan Malaysia told Malaysians to reject Datuk Seri Anwar Ibrahim's "revolution" and ignore a spin-off campaign from last weekend's rally which calls on supporters to wear yellow every Saturday.

The Umno-owned daily front-paged an article titled "Reject Anwar's revolution" where it solicited the views of four retired top cops, including two former Inspectors-General of Police, to condemn Anwar's "revolution" comment on Malaysia to the Indonesian media. 

Calling Anwar "pengkhianat negara (traitor to the country)", the paper wrote that many have rejected the opposition leader's purported attempt to instigate the people by claiming that Malaysia was on the verge of revolution.

"Anwar Ibrahim has been deemed a traitor to the country and stern action should be taken against him immediately," the paper wrote.

According to the article, former IGP Tan Sri Musa Hassan said that Anwar's statement clearly showed that the opposition leader wants to see his country in chaos. "The police and the government should not hesitate to take stern action against him," he was quoted as saying.

Other top cops, including former IGP Tan Sri Abdul Rahim Noor, former deputy IGP Tan Sri Samsuri Arshad and former Special Branch director Datuk Zulkifli Abdul Rahman were also quoted as condemning Anwar in the article.

In its editorial section, Utusan Malaysia praised the police as the "true heroes" of Saturday, despite widespread criticisms from the opposition, civil society groups and the foreign media that the police had used excessive force on protestors.

Thousands took to the capital's streets on Saturday to march for free and fair elections but chaos broke out close to midday when police in full riot gear moved to disperse the crowd by firing tear gas canisters and spraying jets of chemical-laced water on protestors.

"As sane-minded individuals, surely we can acknowledge that the true heroes were the police. Their persistence, hard work and patience in carrying out their duties saved the country from chaos on July 9," said Zulkiflee Bakar, the paper's editor.

In another editorial, Utusan Malaysia predicted that Bersih's spin-off "wear yellow every Saturday" campaign could hamper public safety.

"First it starts with one or two groups but if it is allowed to prolong for weeks, it may build a strength that could affect public safety.

"The authorities should move quickly to overcome Bersih's agendas, which are reaching a point where they should no longer be given face," the paper said.

***********************************

They can reject Anwar's 'revolution' if they so wish. This is really no skin of our nose.

First of all, we really don't know what 'revolution' it is that they are talking about. Maybe they think that Anwar is attempting to start a Tahrir Square in Malaysia.

Secondly, this has nothing to do with Anwar. Why focus just on Anwar as if he is the only one that matters and the rest don't?

Thirdly, one man -- Anwar or whoever it may be -- really can't start revolutions unless it is the will of the rakyat. Then again, if it is the will of the rakyat then we don't need Anwar to tell us to start a revolution.

Finally, and most important of all, the revolution has already started. The only thing is the government/Barisan Nasional were sleeping while it happened. And when they were told about it back in 2004, after the GE of that year, they pooh-poohed the whole thing. In 2007-2008 they actually said that the Internet is not a threat and not significant. Then, after the 2008 GE, when they got hit bad, the government sheepishly admitted that they underestimated the power of the Internet.

Yes, the revolution I am talking about is the mental revolution triggered by yet another revolution, the communications revolution, triggered by yet another revolution, the Internet, which made access to information so easy.

It was a sort of chain reaction.

We need to study history and understand how the ruling elite in collaboration with the church kept the rakyat in ignorance. Only by keeping the rakyat in ignorance can the people be enslaved -- mental slavery. But once the people started educating themselves and dragged themselves out of ignorance, changes started to happen.

It was a long and winding road to freedom but finally, after generations of fighting against ignorance, the rakyat won. And Europe is what it is today because of that. But it took a very long time indeed. Nevertheless, the rakyat finally won. Ignorance was cast side and the people took control of their destiny.

We must remember that Europe remained in ignorance for a very long time. And it remained in ignorance as the Middle East moved ahead and progressed. And the Middle East moved ahead because they welcomed education and innovation. But once the ruling elite of the Middle East banned innovation, the Middle East went backwards while the very backward Europe, which learned everything it could from the Middle East and improved upon it, overtook the Middle East.

Today we can see the glaring difference between Europe and the Middle East. The once enlightened are now locked in ignorance while the once ignorant are now masters of the world.

That, in a small way, is happening in Malaysia, just like it is happening all over the world. The world is seeing a second wind of sorts. Changes have been happening all over the western world. And because of the now borderless world and the world being reduced to a global 'village', Malaysia is being dragged along screaming and kicking and resistance is futile.

The government has to understand that this is not about Anwar. This is a natural phenomenon. The only way for Malaysia to isolate itself from this mental revolution brought on by the communications revolution, which has in turn been brought on by the Internet, is to embark upon a closed-door policy. Malaysia has to do what China once did. It has to shut itself from the rest of the world. Then the global revolution would not hit Malaysia's shores. But it may be too late for that now.

The next point I want to make is about what Bersih represents.

Over the last year or so we have been trying to make people understand what we mean by The Third Force. When we first mooted the idea of The Third Force through the Malaysian Civil Liberties Movement (MCLM), most people interpreted this to mean 'three-corner fights' in the elections.

As much as we tried to explain the concept, many refused to accept our explanation and insisted that The Third Force, which to them means 'three-corner contests', is destructive to the ideals of a two-party system and counter-productive to Pakatan Rakyat's effort at ousting Barisan Nasional.

On 9th July 2011, what we saw was The Third Force in action. This was not about 'three-corner fights'. This was about taking back power from the politicians and transferring it into the hands of the rakyat.

Never mind whether 6,000 people came out that day (as what the police says), or 20,000 people (as what the mainstream media says), or 50,000 people (as what some say), or 200,000 people (as what others say), or whatever. The numbers are not as important as the fact that the rakyat demonstrated their will to come out to show their unhappiness and to send a strong message to the powers-that-be that changes must happen and resistance is futile.

The rakyat has 'tasted blood', that day on 9th July 2011. And there is no turning back the clock. Bersih has taught the rakyat the meaning of The Third Force. The rakyat now understands that united they can force changes. And the rakyat is going to continue to force changes and anyone who stands in the way of the rakyat is going to be swept aside.

We hope, now, the meaning of The Third Force becomes clearer. And the newly crowned leader of this Third Force is Ambiga Sreenevasan. She may be a reluctant leader. Maybe she did not plan to emerge as its leader. However, like it or not, she is now the leader of Malaysia's Third Force.

Now I hope you understand what we mean when we talk about The Third Force.

 

WIKILEAKS: MALAYSIA ATTEMPTS TO REIN IN BLOGGERS

Posted: 12 Jul 2011 01:00 AM PDT

Raja Petra, not known for his subtlety, responded immediately to the UMNO Information Chief with a flaming article entitled, "See you in hell Muhammad son of Muhammad," which also recalled prior corruption charges against his detractor and highlighted Raja Petra's family ties to royalty. On July 25, police called in Raja Petra for 8 hours of questioning before releasing him. Raja Petra claimed that UMNO's police report and his questioning was part of "an agenda to clamp down on blogs before the coming general election in a move to black out news."

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L SECTION 01 OF 04 KUALA LUMPUR 001218

 

SIPDIS

 

STATE FOR EAP/MTS AND DRL -- SARAH BUCKLEY

 

E.O. 12958: DECL: 07/30/2017

TAGS: PGOV, PHUM, SOCI, KPAO, MY

SUBJECT: VIRTUAL LIMITS: MALAYSIA ATTEMPTS TO REIN IN BLOGGERS

REF: KUALA LUMPUR 1155 - POLICE DETAIN ANWAR AIDE

 

Classified By: Classified By: Political Section Chief Mark D. Clark for reasons 1.4 (b and d).

Summary

1.  (C) Bloggers fear the recent police actions against two prominent online political commentators, Nathaniel Tan and Raja Petra Kamarudin, presage a Government of Malaysia (GOM) crackdown on the freedoms of speech and the press in cyberspace.  GOM leaders and officials from the dominant United Malays National Organization (UMNO) justified the moves as necessary to check irresponsible bloggers who incite racial and religious hatred. 

The GOM has announced its readiness to use the Internal Security Act, the Sedition Act, and Section 121b of the Penal Code against bloggers, and there is some discussion of introducing new legislation to plug legal loopholes.  Prominent political leaders including the Prime Minister and Deputy Prime Minister are warning bloggers and cyber-activists they are not immune from the law, and will face prosecution for transgressions such as insulting Islam and the King, and inciting the population through "lies" on websites. 

Opposition leaders and human rights NGOs are condemning the police actions and public threats, stating these are politically motivated and meant to instill "a news blackout" and squelch dissent prior to the anticipated general elections.  The Internet is Malaysia's last bastion of press freedom and the arena for incessant rumor-mongering among the country's elites. 

Opposition parties and government critics rely heavily on the Internet because the GOM controls access to traditional media outlets to favor UMNO and the ruling National Front (Barisan Nasional, BN).  The GOM clearly has fired a warning shot into cyberspace in an effort to rein in outspoken critics.  End Summary.

First salvo fired against cyber-activists

2.  (SBU) The GOM fired its opening salvo on Internet bloggers on July 13 when it arrested Nathaniel Tan, a People's Justice Party (PKR) webmaster and blogger, after corruption allegations against Deputy Internal Security Minister Johari Baharom were posted by a third party on Tan's website (reftel).  When police detained Tan, they reportedly denied him access to his lawyer, the chance to inform his family of his arrest, and concealed his whereabouts while processing his arrest. 

P. Uthayakumar, a coordinator for the NGO Police Watch, spotted Mr. Tan when police took him before a magistrate and notified Mr. Tan's lawyer of his whereabouts.  Tan, released on bail after four days, was held for suspicion of "wrongful communication of an official secret."  While police reportedly questioned Tan regarding information on the Johari corruption story, Tan's lawyer, R. Sivarasa, stated, "I want to go on record (to say) this detention is politically motivated."

3.  (U) Lim Kit Siang, Parliamentary Opposition Leader and member of the Democratic Action Party (DAP), condemned the "secretive circumstances in the first seven hours of Tan's arrest".  He also called it "a scandal which speaks of a police which has yet to fully accept that the first principle of policing in a democratic system must be policing for the people and not policing to serve the government leaders of the day." 

Former Deputy Prime Minister Anwar Ibrahim, the human rights NGO Suaram, the Malaysian Bar Council, the Center for Independent Journalism, and the World Organization Against Torture (OMCT) all condemned Mr. Tan's arrest while The Sun newspaper described his arrest as "politically motivated."

UMNO Takes On Cyber Gadfly

4.  (U) UMNO Information Chief Muhammad Muhammad Taib filed a police report on July 23 (11 days after Mr. Tan's arrest) against the political website Malaysia Today and its outspoken webmaster Raja Petra.  A cousin to the current Sultan of Selangor, Raja Petra set up his website in 2004 and it is now one of the most popular news websites in the country.  About 30 UMNO leaders accompanied the Information Chief when he filed the police report.  He claimed the postings and articles were disrespectful to the King and Islam, and had the potential to "create unrest in the country and strike fear in the people."  The UMNO Information Chief urged the police to take swift action, and stated the portal's contents could undermine unity and corrupt young minds "to think that there are no rules and sensitivities governing articles and that anyone can write on any matter in the name of individual freedom."

5.  (U) Several senators and defacto Law Minister Nazri Abdul Aziz joined the chorus in the subsequent days.  Nazri stated the government would take legal action against bloggers who flagrantly belittle Islam or the King using three laws:  the Internal Security Act (ISA), the Sedition Act, and Section 121b of the Penal Code (which relates to offenses against the King, Sultans, or Governors that entails life imprisonment if convicted). 

He cited as an example a blog entry belittling Islam in which the writer described the religion as, "a big lie fabricated by Arabs who had put a huge rock (the Kaabah) in the middle of the desert."  The Minister claimed the comment was not only ill mannered but could provoke anger among Muslims. 

Nazri also stated the government was considering formulating new laws allowing it to monitor and act against offending bloggers, and closing  any legal loopholes.  He stressed that the proposed legislation's intent is not to strangle the freedom of the Internet but to put a stop to the "freedom to lie in the blogosphere."  The Minister explained, "We want blogs to be clean, a place to obtain accurate information, a reference point for honest opinion, not a platform to abuse and slander people."

6.  (SBU) Deputy Prime Minister Najib Razak, who has been savaged in Malaysia's blogs for corruption and alleged tie-ins to the Altantuya murder scandal, explained to the public June 23 that UMNO Information Chief's filing of the police report against Raja Petra did not signal the GOM made a "special decision" to clamp down on bloggers. 

He added, "everyone must be aware that there are laws in this country." However, the DPM's comments regarding bloggers were harsher later that night while speaking at the Malaysian Press Institute Press Awards.  There, he noted the government was deeply troubled by the growth of "irresponsible" alternative media.  He explained, "In the name of freedom, these websites allow the broadcast of slander, lies, and swearing, the use of harsh, degrading language and racial slurs without regard for the reader or those concerned." 

He stressed the government's tolerance of antigovernment positions and criticisms on the Internet, but "we are very concerned about statements that insult religion and reek of racism."  He warned that webmasters and web journalists are not exempt from laws and the GOM "will not permit any party to disturb the nation's harmony and cause unease among the community."

Police Summon Raja Petra

7.  (U) Raja Petra, not known for his subtlety, responded immediately to the UMNO Information Chief with a flaming article entitled, "See you in hell Muhammad son of Muhammad," which also recalled prior corruption charges against his detractor and highlighted Raja Petra's family ties to royalty.  On July 25, police called in Raja Petra for 8 hours of questioning before releasing him.  Raja Petra claimed that UMNO's police report and his questioning was part of "an agenda to clamp down on blogs before the coming general election in a move to black out news."

8.  (U) Many of the same opposition politicians and activists who rallied behind Nathanial Tan raised further alarm over Raja Petra's predicament.  Opposition leader Lim Kit Siang stated the police report against Raja Petra was an attempt to clampdown on "criticism, dissent, and expose (sic) of abuses of power and corrupt practices in the run-up to the coming general election."  He added that the government should not use criminal laws "to arrest, intimidate, and silence any one." 

Understandably, the blogging community immediately came out in support of Raja Petra.  They claim the police report against Malaysia Today and Nathaniel Tan's earlier arrest represent a GOM attempt to intimidate other bloggers and clampdown on "press freedom in cyberspace."

Dr. Toh Kim Win, a Penang Gerakan state cabinet minister, was the only prominent government leader to voice support for the blogging community.  He said UMNO's police report (against Raja Petra) represents a "growing trend towards stifling dissent in our country."  He added, "These trends, if not stopped, will further erode the democratic space, which is already limited, in our country."  He urged the government to promote not only economic development, but also human rights.  With no apparent sense of irony, former Prime Minister Mahathir, himself once a champion of muzzling the press, described the government's attempt to clampdown on bloggers as an exercise in futility, one that wouldn't stop information flowing over the Internet.

PM Weighs In, Finds Himself Subject of Police Complaint

9.  (SBU) Upon returning from his honeymoon travel, Prime Minister Abdullah Badawi weighed in, warning on July 29 that Malaysia's laws would not spare those who spread "lies" on the Internet.  Abdullah added bloggers and Internet posters "do not have the freedom to do whatever they like."

Responding to Raja Petra's claim police cannot charge him under Malaysian law because his site is registered overseas, the Prime Minister said, "It is not for them (bloggers) to claim that they are immune from the law simply because their websites are hosted overseas where they have the right to say anything."

10. (U) In an ironic tit-for-tat act, opposition DAP member Ronnie Liu Tian Khiew filed a police report regarding a "seditious posting" on the Prime Minister's official website, originally posted on November 14, 2005.  The posting conveyed anti-Chinese sentiments.  Raja Petra reported the filing on his website, adding he expected the police to respond to the filing and question the Prime Minister within two days, as they had done with him.  The postings were removed on July 30 after they were made public and a police report filed.

11.  (SBU) Until recently, the GOM generally has refrained from actively policing political content the Internet, in part out of a pledge made to foster development of the Multimedia Super Corridor (MSC) and the Internet market in Malaysia.  Beginning in 2004, the GOM began making statements on the need to introduce "cyber laws to control the Internet," but it made little use of the regulatory authority over on-line speech vested in the Communications and Multimedia Commission. 

In December 2006, Kong Cho Ha, Deputy Minister of Science, Technology and Innovation, stated Malaysia may introduce tough Internet laws to control bloggers and prevent them from spreading "disharmony, chaos, seditious material and lies" on their websites.  Early in

2007, some senior Embassy contacts alluded to internal GOM discussions on ways to rein in Internet news reporting and bloggers in particular.  In January 2007, Prime Minister Abdullah Badawi said although government policy is not to censor the Internet, "bloggers are bound by laws on defamation, sedition, and other limits of speech." 

The Prime Minister's comment referred to the defamation lawsuit filed by the News Straits Times (NST), an English language newspaper owned by UMNO, against Jeff Ooi and Ahirudin Atan (aka Rocky), another prominent blogger, for their blogs and their readers' comments regarding the newspaper's editors' roles in misrepresenting facts, publishing a caricature of the Prophet Muhammad, and alleged plagiarism by its journalists.  Given UMNO's control over the NST, the paper's lawsuit is seen by many as the GOM's first move against cyber-activists and bloggers.

Comment

12.  (C) With the mainstream media -- television, print and radio -- largely under the thumb of UMNO and the ruling National Front, and a number of important national topics ruled out of bounds, including most recently the "Islamic state" controversy, the Internet is the remaining bastion for wide ranging criticism of the government and discussion of otherwise taboo political subjects. 

The Internet is also the focus of incessant rumor-mongering among the country's elites, honed to a fine art by the likes of Raja Petra who kept the milling turning, often without any solid information to back up his sensational reports. 

Opposition figures, largely unable to access the mainstream press, rely heavily on the Internet to reach Malaysia's computer-savvy upper class, while realizing that this information does not readily penetrate down to the grassroots.  The Internet has helped government critics fan corruption stories, aided Mahathir in his ill-fated challenge against PM Abdullah last year, and kept alive allegations of DPM Najib's links to the Altantuya murder case.

13.  (C) The GOM clearly has fired a warning shot into cyberspace in an effort to rein in outspoken critics ahead of the impending elections; government pressure on the blogging community through complaints and police actions seems very much tied to the preparation of the election ground. 

Senior government officials and UMNO leaders have made clear that the sniping from cyberspace rankles deeply, and UMNO has a strong interest in weakening the opposition's electronic platform at this particular time.  Even if this does not evolve into a real crackdown, the government warnings and criminal investigations of Tan and Raja Petra could send a chill through Malaysia's boisterous Internet community that will temper some voices.  We doubt, however, that others will allow themselves to be silenced and the GOM, like other governments, will find the Internet difficult to constrain.

The Embassy supports freedom of speech on the Internet through active and carefully calibrated public affairs programming, including through expert U.S. speakers and support to seminars, and we seek to engage government and opinion leaders behind the scenes to preserve Internet space for the broad range of Malaysian viewpoints.

LAFLEUR

 

WIKILEAKS: 9th Malaysia Plan: ambitious agenda and challenging implementation

Posted: 10 Jul 2011 01:00 AM PDT

Non-government economists support these goals publicly but deplore them in private. Some challenge the reliability of the government's data. For example, a significant amount of publicly listed shares are held under nominee accounts, many of which are bumiputera-owned, but the government considers all of them non-bumiputera. Others decry the added cost of business the NEP policies place on private investors and the disincentive they pose to FDI.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

SUBJECT: 9TH MALAYSIA PLAN: AMBITIOUS AGENDA AND CHALLENGING IMPLEMENTATION

 

REF: 2005 KUALA LUMPUR 03692

 

Classified By: Economic Counselor Colin Helmer.  Reasons: 1.4 (b) and (d).

 

SUMMARY

1. (C) Prime Minister Abdullah recently unveiled the Ninth Malaysia plan (9MP) which envisages spending RM 220 ($60 billion) of government and private development funds during 2006-2010 and targets an average economic growth rate of 6.0%. 

9MP identifies five key areas, such as improving Malaysia's human capital, becoming a knowledge-based economy, and investing in key infrastructure, in which Malaysia must improve to achieve its goal of becoming a developed industrialized nation by 2020. 

Analysts are confident that the infrastructure projects, projected rate of economic growth, and some technology projects will unfold as planned, but deem projects in other areas, such as education and agriculture, to be unrealistic.  While laudatory in their public comments, Malaysian economists we have spoken to in private are disappointed with the plan.  They also question the GOM's ability to implement the reforms needed to attract a higher level of foreign direct investment. 

9MP calls for Malaysia's private sector to take the lead in further developing the country, but our sources doubt Malaysian leaders will give private industry the freedom to transform the economy.  Prime Minister Abdullah views 9MP as his top economic initiative, is aware of the challenge of implementation and is taking steps aimed at improving follow up.  End Summary.

Five Key Thrusts

2. (U) The 9MP lays out five broad goals that Malaysia is to meet by 2010 to keep on schedule for the "Vision 2020" goal of becoming an industrialized, developed nation by the end of the next decade.  The economists with whom we met agree that these goals are well laid out, pragmatic, and correctly describe the path Malaysia needs to travel. 

They are:  to move the economy up the value chain; to raise the capacity for knowledge and innovation and nurture a "First Class Mentality;" to address persistent socio-economic inequalities constructively and productively; to improve the standard and sustainability of quality of life; and to strengthen institutional and implementation capacity.

Show Me the Money

3. (U) The 9MP will provide about RM 220 billion (US$60 billion at RM 3.65=$1) of government and private development spending during 2006-2010.  Approximately 40% of this is allocated to what the GOM defines as economic programs, 40% to social programs, 12% to security and 8% to general administration.  Funding for the subsectors that follow will come from either the social or economic segments of 9MP.

Although the 9MP budget is 17.6% higher than the previous plan, 35% of 9MP's budget is earmarked for finishing up 8MP projects that were not completed during the last five year plan.

4. (SBU) About 23% of 9MP funding will be devoted to infrastructure and utilities development projects, an increase of 21.2% over the 8MP.  As compared to Mahathir-era plans with their large infrastructure projects, PM Abdullah chose to cut the pie into many small projects so that more construction contractors might participate. 

According to Dr. Yeah Kim Leng, Managing Director and Chief Economist at RAM Consultants Group, the GOM conducted cost/benefit analyses to identify projects that would produce a higher return on investment.  This apparently was not done in the past.

5. (U) Although human capital development has been one of Abdullah's stated priorities, and despite media reports suggesting education was one of the big winners in the plan, education and training will receive only about 20% of the total budget.  This is about the same as in the preceding 5-year plan (8MP) developed by Abdullah's predecessor, Mahathir Mohamad.  New initiatives include strengthening the national (public) schools so that they become the "School of Choice" for all races in Malaysia.

6. (U) Agriculture, one of Abdullah's favored sectors, will receive about 6% of the funding -- a 70% boost over 8MP. However, 9MP sets a goal of transforming Malaysia into a net food exporter by 2010, which outside analysts believe is impossible given control over land use by the individual states and the higher returns from land uses other than food and livestock production.  Biotechnology will get 1%, 2.5 times more than it received in 8MP.

Ambitious Growth Targets

7. (U) In its last five-year plan, the GOM projected an average economic growth rate of 8%, but the actual rate during 2000-2005 was about 4.5%.  In the background to the 9MP, government analysts place partial blame for the shortfall on the U.S.: "Global growth slowed due to a decelerating United States of America economy, and dampened electronics demand, exacerbated by the attacks of September 11, 2001.  Overall economic performance remained sluggish until the second half of 2003, weighed down by the invasion of Iraq and the regional outbreak of Severe Acute Respiratory Syndrome."

8. (C) The government is targeting a more modest average annual growth rate of 6% during 9MP.  The economists that we interviewed (a mixture of academics, investment advisors, consultants, and think tank researchers) voiced a variety of opinions about that target, with Yeah of RAM asserting, "this is eminently achievable." 

Dr. Mohamed Ariff of the Malaysia Institute of Economic Research presented a study to the GOM where he argued for a 5-6% growth rate as opposed to the 7-8% that many ministers supported.  He maintains that it is better to aim lower than to fail to meet the target.  The chief economist at CIMB agrees that 6% is within Malaysia's grasp. 

Wong Chee Seng, chief economist at ECM Libra Securities, is much more negative, saying "The government will not meet its targets.  It moves too slow."  University Malaya professor Andrew Sheng (formerly chairman of the Hong Kong Securities Commission and Bank Negara Assistant Governor) disagrees.  Looking at regional growth estimates from the International Monetary Fund, he wonders why the GOM did not set the growth bar higher.  He believes that Malaysia should link its growth to China and India by exploiting complementary business opportunities.

Seeking Private Help

9. (C) The 9MP calls for the private sector to lead growth, aided by the public sector in its role as facilitator and regulator.  Our economic contacts agree with this idea, but observe that it will require a significant increase in private investment, both domestic and FDI.  Under 9MP, the GOM projects private investment to grow at an annual rate of 11.2% and public sector investment at 5% -- rates that are inconsistent with recent trends. 

Under the 8MP, private investment actually contracted about 1% each year.  Changing this situation would require the GOM to give the private sector more freedom from regulation and control than its socioeconomic objectives for the bumiputera (ethnic Malay) community currently allow.  For example, the current requirement that 30% of equity and employment be reserved for bumiputeras is a significant investment disincentive.  As Yeah put it, "Why would you want to do all the work of setting up a business in Malaysia only to have to turn 30% of it over to someone else?"

10. (SBU) One of PM Abdullah's signal economic achievements has been to shrink the government's budget deficit, now down to 3.8% of GDP.  9MP appears likely to slow further progress on deficit reduction.  According to Wong, Abdullah concluded that too many people depend on government contracts to keep applying the screws to expenditures.  At the end of the 9MP, the overall federal government fiscal deficit is forecast to be RM 107.6 billion, or 3.4% of GDP, assuming the government can meet its growth targets.  The majority of our contacts are not overly concerned with this change in fiscal stance.

Sheng argues that it is reasonable for a developing country such as Malaysia to pursue deficit spending on infrastructure projects that will generate growth.  The difficulty in the past, he says, has been large public projects that do not offer a good return on investment.

Ambitious Development Goals

11. (U) Some examples of the sort of investment that University Malaya's Sheng sees as positive are biotechnology research, ICT infrastructure (such as high-speed internet and more training in schools), and development spending on tourism.  Sheng sees these as high-growth projects with the potential to leverage more investment and business for Malaysia in the future. 

Pointing to India and its back-office outsourcing, Sheng asks, "Why shouldn't Malaysia be able to offer similar services at a competitive price?  We have the education, English language, and with this type of incremental investment, we can do business with New York via the internet." 

He is similarly enthusiastic about the plan to promote the tourism sector, which in 2005 drew 16.4 million tourists and generated RM 32.4 billion (US$ 8.8 billion) -- 80% more than export earnings from palm oil, six times more than rubber, and only 30% less than the oil and gas industry.

12. (C) Some of 9MP's ambitious goals are so lofty as to appear unachievable in five years.  For example, the plan calls for Malaysia to increase the percentage of university professors with PhDs to 60% from the current level of 20%.

Time and resource constraints, coupled with the fact that highly educated workers can do better elsewhere, make achieving this goal unlikely.  As Wong of ECM Libra noted bluntly, "I tell my children to stay in New Zealand.  What opportunity does a Malaysian educated abroad have here?"

13. (C) Some of the agriculture goals seem equally unrealistic.  For example, the government proposes to increase rice production by approximately 50% by 2010.

According to Ministry of Agriculture Deputy Secretary General Zulkifli Idris, the prime minister pushed for sharp production increases to benefit Malay farmers in the politically sensitive northern states.  Traditionally, Malaysia has grown about two-thirds of the rice it consumes domestically, importing the remainder from low-cost producers like Thailand and Vietnam. 

Although the cheap imports allow the GOM to maintain low fixed retail prices for urban and rural consumers, the government loses money on every ton of rice produced domestically: it pays direct subsidies to farmers while Bernas (the government-linked monopoly rice importer and the main marketer of domestically produced rice) buys locally produced rice at a higher price and sells it at low, government-fixed retail price. 

Working-level contacts indicate that the sharp rice production increase in 9MP is unrealistic, and Zulkifli admitted as much in his statements. Nonetheless, the planned investment in such areas as improved irrigation, mechanization, and farmer organizations in the northern states will likely have a political payoff for Abdullah.

NEP Rides Again

14. (U) With the publication of the 9MP, Prime Minister Abdullah also went firmly on record in support of maintaining the National Economic Policy (NEP).  The NEP was introduced in 1970 with the goal of transferring at least 30% of Malaysia's equity and wealth to bumiputeras through affirmative action policies favoring the Malay majority's participation in the economy. 

The NEP was initially intended to have been completed in 1990, but when the target was not met the government replaced the NEP with the National Development Policy (NDP).  With 9MP, Abdullah has pledged to continue these policies through 2020 with the hope of finally achieving the 30% goal.

15. (U) The 9MP will try to raise the bumiputera equity stake to 20-25% in 2010 from 18.9% in 2005.  The plan also seeks to narrow the income gap between bumiputeras and ethnic Chinese from a ratio of 1:1.64 in 2004 to 1:1.50 in 2010, and between bumiputeras and ethnic Indians from 1:1.27 in 2004 to 1:1.15 in 2010.  It also sets a target of halving the country's overall poverty rate from 5.7% in 2004 to 2.8% in 2010, and completely eliminating "hardcore poverty" in 2010.

16. (C) Non-government economists support these goals publicly but deplore them in private.  Some challenge the reliability of the government's data.  For example, a significant amount of publicly listed shares are held under nominee accounts, many of which are bumiputera-owned, but the government considers all of them non-bumiputera.  Others decry the added cost of business the NEP policies place on private investors and the disincentive they pose to FDI.

Implementation - GOM versus Private Industry

17. (U) Since the 9MP roll-out, the government has generated a steady media buzz about the importance of effective implementation of the plan.  Abdullah has publicly promised to fire any civil servants who get in the way.  But the GOM and industry have different ideas of what constitutes good implementation. 

The GOM has announced that 9MP will feature better governance, world class project management, increased due diligence, less corruption, and speedy disbursement of funds. 

In a recent speech, Effendi Norwawi, Minister in the Prime Minister's Department for Economic Planning and Abdullah's point man for the 9MP, explained that the GOM wants to work in partnership with the private sector.  He emphasized Abdullah's personal commitment and noted the creation of a new agency, the National Implementation Action Body (NIAB) to monitor the performance of agencies implementing major projects under the 9MP. 

Abdullah will head the organization, with Deputy Prime Minister Najib Razak as deputy chairman and ministers with specific 9MP authority sitting on the council.  It will meet every two weeks and, according to Effendi, Abdullah will be demanding progress reports.

18. (C) The prime minister's own office is set to receive a large allocation under the 9MP.  Although there is no detail as to how the funding will be spent, 9MP sets aside RM 26.5 billion (13.2% of the total) for Abdullah's department - a threefold increase over 8MP (RM 7.3 billion and 4.3%). 

The public spin on these figures is that the resources will enable the prime minister to focus on his key goals and move the process along.  In private, however, economists voice concern over the potential for abuse of funds.

19. (C) When the private sector talks about good implementation, they hope the GOM will remove the mass of government red tape and regulation that increases costs and scares away investment, both local and foreign.  Minister Effendi himself related a story about a hotel venture that required 73 different licenses before it could open.  Some took so long to obtain that the operator needed to repeat the application process because they only lasted for a year.

Yeah detailed a similar process in Penang, saying "at least at the international level, there is MIDA to be one-stop shopping for the licenses.  A Malaysian investor must deal with both state and local regulations and the government needs to move to change this quickly."  But few economists believe that the GOM will move decisively to cut red tape and reduce its economic meddling. 

Sheng compared Malaysia to China: "In Shanghai, they were trying to take some business from Hong Kong and the manufacturer asked if they could move his product from China to the distribution point, including customs, in 24 hours.  Shanghai's mayor was able to make this happen.  Would that be the case in Malaysia?"

Economists Not Overly Optimistic

20. (C) Comment:  Successful implementation of the 9MP is Abdullah's top economic priority, but the economists we surveyed are not optimistic that he will be able to achieveall his goals for the plan.  While they see some good initiatives, they do not see bold steps that would lift Malaysia back up to the growth rates of the late 1980s.

There is a sense of urgency in both the senior levels of the government and among senior economists that Malaysia is at a crossroads.  Wong suggested that, "there are two camps in the government, the ones who see that if we do not make changes that we will settle into second class and the others who are happy with the way things are." 

Sheng, in a presentation to senior business leaders, government managers and economists, argued that Malaysia was in a similar situation as the U.K. and Japan in the early 1980s.  The U.K. was not doing well and opted to open its financial sector to bring in FDI and investment.  Japan, in contrast, tried to hold onto its manufacturing lead and did not open to foreign investment. 

He suggested that Malaysia might want to examine how the two nations are faring today and consider its options.  End Comment.

LAFLEUR

 

WIKILEAKS: The Americans foresaw Najib's threat to Pak Lah

Posted: 07 Jul 2011 01:00 AM PDT

Prime Minister Abdullah Badawi is a breath of fresh air after the long-serving and vituperative Mahathir Mohamad, who retired in late 2003. Abdullah promotes a tolerant, progressive approach to religion that he calls "Islam Hadhari" (civilizational Islam). He is publicly committed to fighting corruption and reining in costly mega-projects, though his government's follow-through has been disappointing. His mild-mannered and cautious approach has also led critics to question his leadership and effectiveness, but his ruling coalition remains secure. Abdullah's chief potential rival, Deputy Prime Minister (and Defense Minister) Najib Razak, plays the role of a loyal bulwark. After two years in power, Abdullah has appealed to the public for patience in delivering reform. As long as the economy continues to grow healthily, the public will grant him that.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

C O N F I D E N T I A L KUALA LUMPUR 000705

 

SIPDIS

 

E.O. 12958: DECL: 04/18/2016

TAGS: PREL, MASS, MARR, PTER, ECON, MY

SUBJECT: SCENESETTER FOR UNDER SECRETARY OF THE AIR FORCE DR. RONALD SEGA

 

Classified By: DCM David B. Shear for reasons 1.4 b and d.

 

1. (C) SUMMARY:  Malaysian-American relations are good and improving; on March 8 we notified Congress of our intention to conclude a Free Trade Agreement with Malaysia.  This moderate Muslim-majority state is our tenth-largest trading partner worldwide, and we have robust military-military cooperation.  While moving slowly away from the anti-Western rhetoric of former Prime Minister Mahathir Mohamad, Malaysia continues to oppose us on some key international issues.

Counterterrorism cooperation is largely good, but we remain concerned about the release of certain suspects and the level of surveillance of those suspects.  Malaysia and its neighbors increasingly realize the importance of maritime security, but enforcement efforts are hampered by sovereignty concerns and a lack of resources. A new Malaysian coast guard is slowly getting its sea legs.  Malaysia supports the Mindanao peace talks but has differed sharply with Thailand over separatist violence.  The Malaysian government is making progress in implementing a non-proliferation regime, but is no closer to signing an Article 98 agreement with the U.S.

End Summary.

Political Landscape

2. (C) While Malaysia has plenty of warts, it remains a rare example of an Islamic-majority country that is stable, civilian-led and prosperous.  Malaysia has also maintained a largely tolerant social system and a tightly managed democracy, with the same multi-racial coalition in power since independence in 1957.  While we continue to urge the government of Malaysia to improve its own governance, we also recognize the constructive role Malaysia can play in the Islamic world and have encouraged Malaysians to increase support for moderation and progress in the Middle East.

3. (C) Prime Minister Abdullah Badawi is a breath of fresh air after the long-serving and vituperative Mahathir Mohamad, who retired in late 2003.  Abdullah promotes a tolerant, progressive approach to religion that he calls "Islam Hadhari" (civilizational Islam).  He is publicly committed to fighting corruption and reining in costly mega-projects, though his government's follow-through has been disappointing.  His mild-mannered and cautious approach has also led critics to question his leadership and effectiveness, but his ruling coalition remains secure.

Abdullah's chief potential rival, Deputy Prime Minister (and Defense Minister) Najib Razak, plays the role of a loyal bulwark.  After two years in power, Abdullah has appealed to the public for patience in delivering reform.  As long as the economy continues to grow healthily, the public will grant him that.

Economic Situation

4. (C) In his early days, PM Abdullah made rural development and control of government spending, partly as a means to encourage private sector led growth, his top economic priorities.  So far, only his reduction of the government's deficit -- now down to 3.8 percent of GDP -- can be chalked up as a clear success. 

Abdullah's partisans say that the Ninth Malaysia Plan (9MP; a five year plan for economic policy and development spending) will be the vehicle for advancing his other economic goals, but the 9MP, unveiled on March 31, contained little in the way of drama or new initiatives.  Abdullah has emphasized the need for fast implementation of 9MP (a tacit acknowledgement of the perceptions weak follow through by his government) and created a new government agency to focus on the problem.

5. (C) Meanwhile cuts in government subsidies for gasoline and diesel fuel -- one of the tools used to rein in the deficit -- have proved highly unpopular, and raised concerns about inflation.  Increases in prices of other government-managed commodities, such as electricity, may be in the works. 

For now, the economy is in reasonably good shape, with projected growth of around 5.0 percent in 2005 and official inflation of around 3.8 percent (although private analysts believe the real rate of price increases is much higher).  However, the government may be facing a tough choice in the coming year between stimulating the economy to get back on a higher growth track, or raising interest rates to control inflation.

Malaysia's International Posture

6. (C) Malaysia currently is the chair of the Non-Aligned Movement (NAM), the Organization of the Islamic Conference (OIC) and of ASEAN.  Malaysia hosted the ASEAN Summit and the East Asia Summit last December, and will host the ASEAN Regional Forum ministerial this summer. 

Secretary of State Rice has told the ASEAN foreign ministers of her plans to attend the ARF meetings in July.  Malaysia backs the six-party DPRK nuclear talks and supports Iraqi reconstruction efforts, but has been overeager to embrace Hamas and defend the Iranian nuclear program.  The foreign ministry seems to be moving slowly away from some of Mahathir's anti-Western rhetoric and policies, but retains friendships with troublesome states like Cuba, Zimbabwe, Sudan, Syria and Uzbekistan. 

The Malaysian government is publicly supportive of China's "peaceful rise" and recently signed a defense cooperation MOU with China, despite lingering suspicions among senior Malaysian military officials of China's long-term intentions.  Malaysia has actively supported peace efforts in the southern Philippines and Aceh in Indonesia.

Counterterrorism

7. (C) Malaysia has generally been a reliable and constructive partner on counterterrorism.  In 2003, Malaysia established the Southeast Asia Regional Center for Counterterrorism (SEARCCT), which now runs a full schedule of multilateral training courses, many conducted with U.S. support. 

Early round-ups in 2001 and 2002 of scores of Jemaah Islamiyah (JI) suspects crippled that organization's activities in Malaysia.  Over 70 suspected terrorists remain in custody under the Internal Security Act (ISA), a "preventive" measure that has also been used to jail political opponents of the government in the past. 

To our knowledge, prosecutions and trials of the terrorist suspects are not planned.  Drawing on their experience in defeating a communist insurgency, the Malaysians take a "rehabilitative" approach for some terrorists, keeping them under police supervision in "restricted residence."  Several leading figures (such as JI financier Wan Min) have been released from ISA detention without warning. 

We remain concerned that surveillance of released terrorist suspects may be inadequate and their "rehabilitation" may be incomplete or insincere. JI, while weakened, still has the capability to strike here, and the Malaysians need to remain vigilant.

8. (C) While the Malaysian leadership firmly opposes terrorist organizations at home, it is deeply uncomfortable with any association of Islam with terrorism, and frequently lectures us on the need to eschew terms such as "Islamic terrorists" or "jihadists." 

Reflecting the broad support for the Palestinian cause among the majority here, the Malaysian government has no relations with Israel and often argues for the need to address the "root causes" of terrorism in the Middle East. 

In February, negotiators from the United States succeeded in reaching an agreement here on a text for a bilateral Mutual Legal Assistance Treaty (MLAT). We are hoping the treaty will be ready for signature in time for the Secretary of State's July visit.  The treaty will be a good tool in fighting terrorism and other forms of transnational crime.

Maritime Security

9. (C) In July 2005, the insurer Lloyd's of London designated the Strait of Malacca (SOM) as a "war-risk zone," raising premiums for shippers transiting these waters.  This prompted a flurry of public cooperation among the littoral states -- Malaysia, Singapore and Indonesia, plus neighboring Thailand -- including conferences of foreign ministers and military chiefs. 

On September 13, 2005, the three littoral countries launched an "Eyes in the Sky" (EiS) program to conduct international aerial surveillance of the Strait.  EiS currently comprises separate flights by Malaysia and Singapore (Indonesia has "temporarily" dropped out for operational capacity reasons), with crews that use binoculars to survey shipping traffic and make non-secure radio transmissions to shore and ship facilities of the three littoral states. 

Malaysia has also committed a single Beechcraft B-200 with infrared capability, to enable some night-time surveillance.  Talks on establishing an EiS standard operating procedure continue, with a view towards reactivating Indonesian participation and bringing Thailand into the program.

10. (C) EiS represents an important symbolic step forward for the littoral states' cooperation on SOM security, but could be difficult to sustain without international support.  DPM Najib has told the media on several occasions that Malaysia would welcome international involvement in Eyes in the Sky.

Our working-level contacts remain vague, however, on what sort of American assistance might be accepted in this sovereignty-conscious region.  Malaysia will host a meeting this summer sponsored by the International Maritime Organization (IMO) in which the littoral states are to identify and prioritize their needs for assistance in enhancing SOM security.  On February 15-17, the USG hosted a meeting of key SOM user states at Coast Guard Island, Alameda, California, to discuss the possible range and scope of such assistance.

11. (C) Meanwhile, the Sulu Sea remains an under-monitored passageway for terrorist elements in transit between Indonesia and Mindanao.  Terror groups have also carried out a number of kidnappings for ransom in the area.  While the region has little value for international shipping compared to the Malacca Strait, it is tremendously important to the travel and fundraising operations of groups like JI and Abu Sayyaf.  Together with Embassies Jakarta and Manila, we have focused on this region as a specific theater for building capacity and cooperation between the governments of Malaysia, Indonesia and the Philippines. Significant new resources, which we are in the process of identifying and prioritizing, will be required to make these efforts successful.

New Coast Guard

12. (C) Malaysia's new coast guard began limited operations on November 30,  2005.  The government's goal is to reduce overlap and turf battles among the 11 Malaysian agencies tasked with patrolling the country's seas and waterways.  The coast guard, officially named the Malaysian Maritime Enforcement Agency (MMEA), will possess 72 vessels transferred from the navy, marine police, marine department, and fisheries department, and has recruited about 1,000 personnel from these and other existing agencies.  The navy vessels will transfer with their crews intact.  MMEA hopes to fill its 4,000 approved positions within a year.

Mindanao Peace Talks, JI Presence

13. (C) Malaysia has facilitated peace talks between the Philippine government and the Moro Islamic Liberation Front (MILF), and the negotiations have had some success with the sticky issue of "ancestral domain."  The talks are hosted by the Malaysian External Intelligence Organization, which in the past covertly supported separatist activities in Mindanao.  JI presence at MILF training camps remains a concern, though the MILF has publicly disavowed any connection to JI.  We continue to press the Malaysians to make clear to the MILF that it must sever its connections to JI and Abu Sayyaf.

Southern Thailand Strains Relations

14. (C) Separatist violence in southern Thailand has killed over 1,000 people since January 2004, and attacks continue almost daily.  The Malaysian government has repeatedly denied Thai accusations that it supports the separatist groups, though the people on both sides of the porous border share Malay ethnicity and the Muslim religion.  Families and business interests straddle the border as well. 

In August 2005 Malaysia offered temporary refuge to 131 Thai citizens who said they were fleeing their government's crackdown in the south.  The issue, which has also involved the UN refugee agency, rubbed raw nerves in Kuala Lumpur and Bangkok, as government officials abandoned the usual neighborly ASEAN rhetoric for sharp verbal attacks on each other.  The rhetoric toned down somewhat after the Malaysians returned one of the 131 asylum seekers, who was wanted on criminal charges in Thailand.

Slow Progress on Non-proliferation and PSI ...

15. (C) In 2003, a private Malaysian company (partly owned by PM Abdullah's son) was found to have manufactured and shipped nuclear centrifuge parts to Libya.  The company pleaded ignorance, but the case underscored the need for Malaysia to adopt effective export controls.  The government is moving ahead with plans to adopt such controls, including the conclusion of an Additional Protocol (AP) with the International Atomic Energy Agency (IAEA) on November 22, 2005.  The AP provides a sound policy framework for the implementation of nuclear-related export controls.

16. (C) We continue to urge Malaysia to participate in Proliferation Security Initiative (PSI) meetings and exercises.  Malaysia sent two observers in August 2005 to a PSI exercise in Singapore, and three observers in April 2006 to a PSI exercise in Australia.   The government has said it supports PSI "in principle," and that it would take part in PSI operations on a case-by-case basis.  We have been told that the government is considering an endorsement of the PSI Statement of Interdiction Principles, which would allow full participation in PSI events.  However, elements within the foreign ministry remain adamantly opposed, perceiving that the PSI is targeted against "friends" of Malaysia, like Iran, Pakistan and China.

17. (C) As the chair of the Non-Aligned Movement (NAM), Malaysia has been too supportive of Iranian claims that its nuclear program is a peaceful one.  More recently, the GOM has moved somewhat away from behavior that bordered on "coaching" the Iranians.  The EU-3 made considerable efforts to get Malaysia to exert a restraining influence on Iran.

While it appears the Malaysians have privately counseled Iran to exercise restraint, it does not seem these words had much influence on the Iranians.  Malaysia failed to condemn Ahmadinejad's threat to "wipe Israel off the map" and gave President Ahmedinejad a red carpet welcome in Kuala Lumpur as the IAEA was referring his repeated violations to the United Nations Security Council.

... But No Progress on Article 98

18. (C) Malaysia has steadfastly rebuffed our efforts to conclude an Article 98 agreement, citing unspecified "policy reasons."  Though Malaysia is "studying" the Rome Treaty that created the International Criminal Court (ICC), we believe they are unlikely to sign the treaty because of their own concerns over sovereignty.  The Malaysians have told us that since they are not party to the Rome Treaty, they see little reason to conclude an Article 98 agreement with us.

LAFLEUR

 

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