Selasa, 1 November 2011

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What game is Pakatan playing?

Posted: 01 Nov 2011 02:01 AM PDT

JAIS, the Selangor Religious Department, comes under the Selangor State Government. The Selangor State Government comes under Pakatan Rakyat. PAS is a member of Pakatan Rakyat and also part of the Selangor State Government. Yet JAIS is hounding and persecuting Pakatan Rakyat people, in particular those from PAS. What game is Pakatan Rakyat playing that maybe we don't know about? Or is this a case of the tail wagging the dog?

NO HOLDS BARRED

Raja Petra Kamarudin

Jais arrest warrant out for artiste and PAS recruit Bob Lokman

(Malaysia Chronicle) - Selangor Islamic religious Department (JAIS) has obtained an arrest warrant to detain celebrity-turned-politician and preacher Bob Lokman for giving a ceramah without Jais accreditation.

Jais Director Marzuki Hussin told reporters at the "Alternative Punishment Seminar: Execution and Effectiveness" at the Intekma Resort on Tuesday, that the warrant was issued on Oct 28 and it permitted the religious body to arrest Bob if he was detected in the state.

"Our department is still on the lookout for Bob, he is wanted to assist investigations that involve him. We are in the process of taking legal action to require Bob to be present in the court (syariah).

"He will be released on bail after his statement has been recorded," said Marzuki.

He was giving an update on Bob's case after JAIS nabbed him for giving a ceramah in front of more than 70 people at the Masjid Sungai Lui in Hulu Langat last month.

It was reported that Bob was ordered to turn up at the Jais department but he had refused, saying would rather be arrested.

Bob is being investigated under section under Section 119 (1) of the Jais Administration Enactment, where offenders could be fined up to RM3,000, or be jailed two years, or both.

It was not the first of such case as Shah Alam MP Khalid Samad, had also been charged for the same offence.

 

Kredit: www.malaysia-today.net

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WIKILEAKS: AMBASSADOR AND ATTORNEY GENERAL DISCUSS ISA, TERRORISM AND EXPORT CONTROLS

Posted: 01 Nov 2011 01:00 AM PDT

Abdul Gani remarked that he was not fully comfortable with the current ISA system, and, speaking personally and confidentially, said he believed ISA advisory boards should be strengthened and ISA detention periods shortened. He also believed that some persons held under ISA on terrorism grounds were in fact not guilty. In addition, the police Special Branch was "jealous" of its primary counter-terrorism role and did not readily share information with the AGO or police investigators; even the Inspector General of Police (IGP) was not kept fully informed.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

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

Summary

1.  (S) The Ambassador called on Malaysia's Attorney General Abdul Gani Patail on May 13 and discussed prospects for prosecuting terrorists, the importance of passing an export control law, and factors affecting progress in the FTA talks. The Ambassador congratulated the AG on drafting of the 2007 anti-trafficking in persons (TIP) law and the recent announcement of the first TIP prosecution. 

Abdul Gani described the importance of preventative action against terrorists using the Internal Security Act (ISA), noted that information on terrorists was often not available outside the police Special Branch, and said he would discuss the possibility of prosecutions with the Inspector General of Police. 

Abdul Gani stated that his office recently had completed a new draft of the export control legislation.  In the FTA talks, he blamed some GOM agencies for their inability to define Malaysia's interests.  The Attorney General said that his office enjoyed good mutually supportive relations with U.S. law enforcement personnel, including the FBI.  End Summary.

ISA and Prosecuting Terrorists

2.  (S) In the course of discussion during the May 13 meeting with Attorney General Abdul Gani, Ambassador Keith, accompanied by polchief and Legatt, urged the Malaysian government to give serious consideration to future prosecution of some terrorists suspects otherwise held for renewable two-year terms of detention under provisions of the Internal Security Act (ISA). 

While Malaysia's firm preventative actions against terrorists using the ISA had helped Malaysia avoid any attacks, Malaysia's security interests would be served by convicting in a court of law some dangerous terrorists and sentencing them to long jail terms, rather than releasing them after two to six years of ISA detention and uncertain rehabilitation. 

The Ambassador also noted that the political scene was shifting and there could be more domestic pressure to do away with the ISA in the future.  The Ambassador added that the U.S. differentiates between use of ISA against persons who present immediate danger to the public, and application of ISA detention for political reasons.

3.  (S) Abdul Gani said Malaysia continued to take strict measures and rely on the ISA to detain terrorists, like Jemaah Islamiyah members, before they could act.  Laws could not be used effectively to deter suicide bombers. Prosecution was difficult because the information available was often intelligence data, not the result of normal police investigation. 

The AGO did not have investigative powers of its own but must rely on the police.  In addition, the police Special Branch was "jealous" of its primary counter-terrorism role and did not readily share information with the AGO or police investigators; even the Inspector General of Police (IGP) was not kept fully informed.  Nevertheless, "if we have a case I don't mind prosecuting," Abdul Gani remarked, noting he would take advantage of a previously scheduled meeting with the IGP later that day to raise this issue.

4.  (S) Abdul Gani argued that it was unfair to describe jailing under ISA as "detention without trial" because cases came before advisory boards for periodic hearings.  Detainees also could apply for writs of habeas corpus for which, however, the role of courts was limited to examining legal procedures rather than the merits of the case, leaving judgments about security to the government.  Abdul Gani remarked that he was not fully comfortable with the current ISA system, and, speaking personally and confidentially, said he believed ISA advisory boards should be strengthened and ISA detention periods shortened.  He also believed that some persons held under ISA on terrorism grounds were in fact not guilty.  On a separate matter, Abdul Gani took exception to the government's overly wide application of the Official Secrets Act.

Export Controls

5.  (C) The Ambassador highlighted the importance to Malaysia of passing an export control law as a means of attracting high technology investment and bolstering its status as an international trading hub.  The Ambassador offered further U.S. technical assistance on export control laws, noting with regret that the Foreign Ministry had canceled a legal seminar scheduled for early May.  Over time, Malaysia's interest also would be served by supporting international structures, such as the Missile Control Technology Regime, the Ambassador added.  Abdul Gani replied that the AGO recently had completed a new draft of the export control legislation, and had just circulated this within the government for comment. The involvement of some 40 government agencies in export controls had complicated drafting tremendously.

FTA

6. (C) Abdul Gani commented on Free Trade Agreement (FTA) talks, blaming the Malaysian government's lack of understanding of some issues for slow progress.  GOM agencies did not know or could not articulate Malaysia's long-terms interests, for example which commodities Malaysia hoped to export to the U.S. in years to come.  The GOM at times cannot formulate negotiating positions, because "we don't know what we want." Abdul Gani remarked that proposed Intellectual Property Rights (IPR) courts were "a joke," implying that Malaysia lacked requisite expert knowledge of IPR. 

(Comment: IPR courts already exist in Malaysia and were established outside the context of the FTA negotiations.  Ironically, it is Abdul Gani who has cancelled expanded IPR training by AG officials with U.S. experts.  The fact is the GOM does have clear targets of interest, including textiles.  The problem is the GOM is unable to reach consensus on what it is willing to give up in return for its desired targeted gains.  End Comment.)

MLAT, Trafficking in Persons

7.  (SBU) The Ambassador thanked the Attorney General for his role in concluding the 2006 U.S.-Malaysia Mutual Legal Assistance Treaty (MLAT), noting this was moving through the U.S. Senate now and stating that we wanted to put the MLAT to practical use.  The Ambassador congratulated the Attorney General for drafting the comprehensive anti-trafficking in persons law in 2007, pushing for the law's full enforcement as of March which allowed for the opening of shelters for victims, and for initiating the first criminal prosecution under the TIP law in early May (septel).  Abdul Gani commented on the difficulties in stopping human trafficking absent effective actions in originating countries.

8.  (SBU) The Attorney General said that over the past five years his office had enjoyed good mutually supportive relations with U.S. law enforcement personnel, including the FBI.  Abdul Gani spoke highly of his interaction with previous U.S. Attorney General Gonzales.

9.  (SBU) Abdul Gani requested Embassy support "to open doors" for qualified Malaysian officials to enter top U.S. university graduate programs in areas like international trade and finance law.  He also asked for the Embassy to look for ways to attract lecturers from prestigious U.S. universities to teach in Malaysia.  The Ambassador noted the Embassy would be willing to assist, but added that Malaysian government requirements for control over curriculum inhibited U.S. universities from operating in Malaysia.

KEITH (May 2008)

 

WIKILEAKS: IMMIGRATION DETAINEES RIOT AFTER RELA BEATS PRISONERS

Posted: 31 Oct 2011 01:00 AM PDT

On April 20, after more cigarettes were found, Immigration officers beat an Indonesian and a Pakistani detainee. One refugee described how the officers struck the men on the soles of their feet and along their shins, and administered electric shocks. The Pakistani detainee reportedly cried out for help during his beating and, unable to walk, tried to crawl away until another detainee was ordered to drag the injured man back to the detention block. 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Classified By: POLITICAL SECTION CHIEF MARK D. CLARK, REASON 1.4 (B AND D).

Summary

1.  (C) Some 60 to 70 detained suspected illegal immigrants rioted at Lenggeng Immigration Detention Center (IDC) on April 21, setting fire to the temporary administration building according to press and firsthand accounts. Malaysia's Head of Immigration Enforcement claimed the riot started after the United Nations High Commissioner for Refugees (UNHCR) refused the refugees' applications for resettlement, an allegation denied by UNHCR. 

Based on multiple witnesses' accounts, the riot's catalyst was the severe beatings of detainees by Immigration Officers and People's Volunteer Corps (RELA) members assigned as guards to Lenggeng.  The Malaysian Human Rights Commission (SUHAKAM) told us deplorable conditions, overcrowding and alleged abuses by RELA all contributed to the riot.  We continue to express concern to the GOM regarding RELA's increased authority over immigration enforcement.  End Summary.

RELA Guards Overcrowded Facilities

2.  (SBU) Lenggeng IDC is one of 17 IDCs in Malaysia. Formerly operated by the Prisons Department, the IDCs are now responsibility of the Immigration Department, which lacks sufficient personnel and therefore uses RELA, a government-sponsored public security auxiliary force, to guard the facilities (ref A and B).  Besides providing security, RELA members also arrest suspected illegal immigrants for a bounty. 

The Lenggeng facility is severely overcrowded.  Siva Subramaniam, a commissioner for SUHAKAM, informed poloffs the camp currently holds 1,090 prisoners, including seven children and about 280 women.  Building tensions between the detainees and their guards came to a head on April 21 when some 60 - 70 detainees rioted and set fire to a temporary administration building.

Witnesses Tell Their Stories

3.  (SBU) Poloffs met with two Burmese refugees formerly detained at Lenggeng on May 6.  They related that on or about March 31, Immigration and RELA guards accused a group of Burmese and Indonesians of smoking in camp and allegedly punished the group with a beating. 

On April 20, after more cigarettes were found, Immigration officers beat an Indonesian and a Pakistani detainee.  One refugee described how the officers struck the men on the soles of their feet and along their shins, and administered electric shocks.  The Pakistani detainee reportedly cried out for help during his beating and, unable to walk, tried to crawl away until another detainee was ordered to drag the injured man back to the detention block. 

Other detainees became agitated and demanded to speak with the senior Immigration Officer.

(Note:  A local NGO informed poloffs that officials took the man to Seremban Hospital for treatment.  End note.

A RELA officer told detainees they could express their concerns the following morning.

4.  (C) According to the two Burmese refugees, the riot broke out the following morning after detainees realized they would not get to speak with the senior officer.  The initial disruption involved detainees from two blocks destroying the interiors of those facilities. 

Both Immigration and RELA guards, totaling about 30-40 officers, fled and took up positions at the camp's perimeter.  After detainees broke through the blocks' doors, a group set fire to the temporary administration building. 

Several detainees attempted to flee the compound, but guards at the outer gate stopped them. Police, fire, and other security teams regained control and quelled the fire.  A number of detainees (including six Indonesians, five Burmese, a Vietnamese, and a Cambodian) were taken to the Seremban police station for questioning.

(Note:  This account tracks closely with accounts provided to the UNHCR and another local NGO from sources within the camp. End note.)

Immigration Blames UNHCR

5.  (SBU) Ishak Mohamed, Head of Immigration Enforcement, quickly blamed the UNHCR for the riot.  He told international press that rioters "were disappointed" after hearing that UNHCR could not place them in a third country.  However, the UNHCR quickly denied this, issuing a statement that "no news was delivered to the refugees that their resettlement requests had been denied." 

(Note:  UNHCR counted 75 refugees and asylum seekers detained at Lenggeng during the riot.  All but seven refugees are Chin-Burmese.  End note.

Despite UNHCR's clarification, the government-influenced mainstream media continued to maintain that UNHCR's denial of resettlement provoked the riot.  (Note: On some other immigration matters, Ishak continues to be accessible and helpful to the U.S. Mission.  End Note.)

SUHAKAM Commissioner Describes Lenggeng

6.  (C) Poloffs met with SUHAKAM Commissioner Siva Subramaniam on April 25, the day after he personally visited Lenggeng.  He described prisoners living in severely overcrowded and unsanitary conditions.  About 280 women are detained in an isolated section of the camp and do not receive adequate medical care, including provision of sanitary napkins.  He approached NGOs, such as Tenaganita, to obtain basic essentials for the women. 

He told us conditions in other IDCs are similar to Lenggeng.  He believes overcrowding and harsh treatment by RELA contributed to the riot.  Siva also noted severe understaffing at the IDCs, adding that only about 40 of the authorized 208 officer slots at Lenggeng are manned.  Prior to the riot, Siva claims he warned Immigration officials that the IDCs were "powder kegs" needing urgent reforms to deal with the growing burden. 

Siva wants to hold a roundtable with RELA, Home Ministry, Immigration, and the Prison Department to discuss possible solutions to the underlying problems, such as overcrowding, poor sanitation, and detained children.  Our May 6 interview with two former detainees at Lenggeng reinforced Siva's description of the IDC's harsh conditions.

Comment

7.  (C) The riot occurred during the same week the Home Ministry proposed elevating RELA to a formal government agency.  Immigration and RELA detain suspected illegal immigrants at a rate that outstrips Malaysia's current willingness and ability to expeditiously process deportations.  Siva noted that some of the detainees have languished at Lenggeng for almost 1 1/2 years.  Post continues to express our concerns about RELA in contacts with government officials, including Immigration.

KEITH (May 2008)

 

WIKILEAKS: UMNO SETS PARTY ELECTION FOR DECEMBER, ABDULLAH LOSES TERENGGANU FIGHT

Posted: 30 Oct 2011 01:00 AM PDT

Mahathir upped the ante in his tussle with PM Abdullah by launching corruption allegations against the First Family in an article appearing in the March 28 edition of the Sun, an English language daily owned by Mahathir crony Vincent Tan. Related to the conflict between the King and the Prime Minister in Terengganu, Mahathir suggested that contracts for mega projects in the state "all went to one person and (people) are suspicious that behind this person are members of the First Family." According to rumors, Mahathir wrote, "the Prime Minister might have influenced the (Chief Minister) into doing wrong things." Mahathir called for "foreign agencies" to launch an investigation.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Classified By: POLITICAL SECTION CHIEF MARK D. CLARK, REASON 1.4 (B AND D).  

Summary

1.  (C) The March 27 Supreme Council meeting of Prime Minister Abdullah Badawi's ruling United Malays National Organization (UMNO) decided the party's election will be held December 16-20, 2008.  The election is widely anticipated to feature a challenge to Abdullah's continued leadership.  The election process formally will kick off in July with local UMNO branch contests. 

The Supreme Council also endorsed the King's choice for Chief Minister in Terengganu state rather than continue on with PM Abdullah's own candidate, an outcome one UMNO division leader described as a "major slap" to the Prime Minister.  Meanwhile, UMNO veteran Tengku Razaleigh, reportedly with the support of former Prime Minister Mahathir, gathered a small host of UMNO leaders to his home to press his own campaign for leadership change. 

Mahathir, in an article published in the mainstream media on March 28, upped the ante by suggesting the Prime Minister and members of his family could be involved in corruption and called for an investigation.  The UMNO Supreme Council's announcement of a timetable for party elections this year may help to thwart calls within UMNO to move more quickly to reexamine Abdullah Badawi's leadership, but the Prime Minister's battle for survival is far from over.  End Summary.

Party Election in December - UMNO Supreme Council

2.  (U) The UMNO Supreme Council at its March 27 meeting decided to hold the party election in late December.  This represented a compromise of sorts between calls for the election to be held as early as August, and those who favored postponing the poll until 2009.  At the end of a four-hour session, the UMNO Supreme Council announced that UMNO branch level elections would take place July 17 - August 24, divisional level elections October 9 - November 9, and the election for the party supreme council would coincide with the annual UMNO general assembly on December 16-20.

3.  (SBU) Comment:  As the UMNO election likely could feature an attempt to oust PM Abdullah, a later date is seen as favoring the politically wounded Prime Minister.  UMNO's constitution provides for party elections every three years, with the possibility of postponing the election by up to 18 months.  UMNO held its last election in September 2004, indicating that the party poll must take place by March 2009. End Comment.

4.  (SBU) Party Information Chief Muhammad Muhammad Taib had told reporters March 25 that several UMNO division and state leaders who had been meeting party President PM Abdullah had urged the President to defer the party polls to 2009 to avoid "havoc and disaster."  However, the UMNO management committee in a meeting one day before the Supreme Council, recommended the election be held this year.  The committee is led by Deputy President/Deputy Prime Minister Najib and includes UMNO Vice President Muhiyiddin Yassin, both possible successors to Abdullah.

Terengganu Fiasco

5.   (SBU) In a major reversal for PM Abdullah, the UMNO Supreme Council meeting also endorsed the appointment of Ahmad Said as Terengganu Chief Minister, a man backed by the Sultan of Terengganu who currently holds Malaysia's rotating kingship.   PM Abdullah had endorsed outgoing Chief Minister Idris Jusoh to continue in the post, a decision ignored by the King in a exercise of royal prerogative not seen since the 1970's.  

PM Abdullah on March 23 had declared it would be unconstitutional to appoint anyone but Idris.  Nevertheless, Abdullah told reporters after the UMNO Supreme Council meeting that endorsing Ahmad's appointment was "the best decision" based on the need to form the state government and also given Idris' willingness to accept whatever decision was made.

6.  (C) An UMNO divisional leader in Kuala Lumpur told us on March 28 that the PM realized after his March 26 meeting with the King that Abdullah would not succeed in getting Idris reappointed as Chief Minister.  Furthermore, an impasse in the formation of the Terengganu state government would further embarrass UMNO especially in the eyes of the UMNO grassroots and the Malays.  The Islamist opposition party PAS had begun to take advantage of the situation by charging UMNO with "derhaka" or treason for going against the King.  The divisional leader stated candidly, "this episode was a major slap for Abdullah."

Razaleigh Continues Campaign

7.  (C) While the UMNO Supreme Council was having its meeting, veteran UMNO leader Tengku Razaleigh held court with some 10 UMNO division leaders and 100 other party officials at his "White House" styled mansion in Kuala Lumpur. Razaleigh has lobbied UMNO divisions to hold an extraordinary general meeting (EGM) on May 11, the anniversary of UMNO's formation, and he has traveled the country seeking UMNO grassroots support. 

While ostensibly addressing the reasons for UMNO's set-back in the March 8 elections, the EGM is seen as a means to challenge Abdullah's position and also promote Razaleigh's own announced ambition to seek the UMNO presidency.  On March 25, a close associate of Mahathir told us the former Prime Minister backs Razaleigh's efforts as a means to depose Abdullah Badawi.  We identified a number of those attending Razaleigh's March 28 meeting as associates of former Prime Minister Mahathir.

8.  (U) According to press sources, the ten UMNO divisional leaders who attended the meeting pledged their support for Razaleigh to challenge Abdullah.  They also pledged to launch a campaign calling for the abolition or relaxation of UMNO rules that require a challenger for the presidency to obtain endorsements from 30 percent of UMNO divisions before his name can appear on the ballot.  In the 2004 party election, Razaleigh attempted to challenge Abdullah for the presidency, but only managed to secure one division's nomination.

Mahathir Raises First Family Corruption Rumors

9.  (U) Mahathir upped the ante in his tussle with PM Abdullah by launching corruption allegations against the First Family in an article appearing in the March 28 edition of the Sun, an English language daily owned by Mahathir crony Vincent Tan.  Related to the conflict between the King and the Prime Minister in Terengganu, Mahathir suggested that contracts for mega projects in the state "all went to one person and (people) are suspicious that behind this person are members of the First Family."  According to rumors, Mahathir wrote, "the Prime Minister might have influenced the (Chief Minister) into doing wrong things."  Mahathir called for "foreign agencies" to launch an investigation.

Comment

10.  (C) The UMNO Supreme Council's announcement of a timetable for party elections this year may help to thwart calls, such as those by Mahathir and Razaleigh, for UMNO to move more quickly to reexamine Abdullah Badawi's leadership, but Abdullah's battle for survival is far from over.  The establishment of the elections time frame will kick off maneuvering at the branch and division levels to line up the proper support for the December leadership contest, and money politics likely will play a major role. 

Abdullah's political capital hit another low as the UMNO Supreme Council failed to produce a face-saving resolution for Terengganu and the Prime Minister lost his public tug-of-war with the King.  Prior to the March 8 election, it would have been unthinkable for the mainstream press to carry articles, such as Mahathir's, with corruption allegations that named the Prime Minister and his family; instead, such writings were confined to the unregulated Internet media.  As the publication of Mahathir's article suggests, Malaysians are still testing the limits in the post March 8 political environment and have yet to reach any firm boundary.

KEITH (March 2008)

 

WIKILEAKS: MALAYSIA'S NEW CABINET - STATUS QUO WITH ONLY HINTS OF REFORM

Posted: 29 Oct 2011 01:00 AM PDT

Abdullah, who boasted of selecting only honorable, uncorrupted ministers, was forced at his live March 18 press conference to field pointed questions from the journalists regarding his reappointment of Najib as DPM. One reporter specifically asked Abdullah to explain Najib's re-appointment given the frequent allegations of wrongdoing in military contracts. Abdullah, initially taken aback by the question, responded that "there is no proof that Najib is involved in any corrupt activities. People can make all kinds of allegations, but what is important is that there is no evidence of that."

THE CORRIDORS OF POWER

Raja Petra Kamarudin

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

Summary

1.  (C) Prime Minister Abdullah Badawi announced his new cabinet on March 18, retaining roughly half (17) of his ministers from the previous cabinet, but bringing in only a few politicians identifiable for their reform credentials.

Abdullah remained Finance Minister I, but gave up his position as Internal Security Minister.  Najib Tun Razak remains Deputy Prime Minister and Defense Minister.  Other senior UMNO stalwarts continue to occupy the most important portfolios, including Internal Security/Home Affairs (now combined), Finance II, Agriculture, and International Trade/Industry.  Former Culture Minister Rais Yatim has been appointed the new Minister of Foreign Affairs.  Abdullah shed a number of prominent cabinet members including Rafidah Aziz and Samy Vellu, while Abdullah's son-in-law Khairy Jamaluddin did not make the cut.  Identifiable reformers or UMNO progressives include Zaid Ibrahim with the de facto justice portfolio, Shahrir Samad for Domestic Trade, and possibly Shabery Cheek as Information Minister.

2.  (C) The cabinet make-up reflects UMNO's dominance in the National Front (BN) coalition, with 23 positions, unchanged from the outgoing cabinet.  East Malaysia only received a total of four cabinet seats, also unchanged from the previous cabinet despite Sabah and Sarawak's contribution of roughly one-third of BN's parliament seats.  The cabinet does not appear to strengthen DPM Najib's hand and possibly weakens it with the removal of several long-time Mahathir cronies, suggesting Abdullah does not want to empower the man best poised to challenge him for UMNO leadership. 

Following the election debacle, Prime Minister Abdullah stated that he understood Malaysians were not satisfied with his first administration, but he will have a difficult time presenting the new cabinet as a strong platform for change in response to many voters' desertion of the National Front.  Regardless, PM Abdullah is not likely to be able to remain in office beyond the next UMNO elections, and we believe most observers will view this cabinet as an interim line-up until UMNO has settled its leadership question.  End Summary.

Abdullah restructures his cabinet

3. (SBU) Prime Minister Abdullah Ahmad Badawi announced his new cabinet in a noon press conference on March 18, just 10 days after his National Front (Barisan Nasional or BN) coalition emerged from a hotly contested snap election with a significantly decreased majority. 

Malaysia's monarch, the Yang di-Pertuan Agong, is scheduled to swear in the new ministers on March 19 at the National Palace.  In announcing the cabinet, Abdullah reduced the number of ministries from 28 to 27 and retained roughly half (17) of his former ministers. 

Abdullah merged the Ministry of Internal Security and the Ministry of Home Affairs, recreating a significant concentration of power.  He also merged the Office of National Unity (formerly a division in the PM's Department) with the Ministry of Culture, Arts and Heritage.  By eliminating all Parliamentary Secretaries, whose value to government efficiency appeared questionable, Abdullah further reduced the overall size of his cabinet from 90 to 68. 

BN's reduced majority in the 12th Parliament and the corresponding increase in opposition parliamentarians mean Abdullah needs more back-benchers to regularly attend parliament sessions. A smaller cabinet will ensure BN controls sufficient seats in parliament on a daily basis to achieve their legislative objectives.

Out with the old

4. (SBU) Conspicuously absent from the new line up are former Minister of International Trade and Industry, Rafidah Aziz; former Minister of Science and Technology, Dr. Jamaluddin Jarjis; former Minister of Home Affairs and current UMNO Secretary General, Radzi Ahmad; former Minister of Tourism, Tengku Adnan Tengku Mansor; former Minister of Human Resources, Dr. Fong Chan Onn; former Minister in the PM's Department, Dr. Abdullah Md Zin; and former Minister of Natural Resources, Azmi Khalid. 

As previously announced, Abdullah did not nominate as senators and subsequently reappoint any previous cabinet member who failed to be reelected in the 2008 General Election, to include: former Minister of Rural and Regional Development Abdul Aziz Shamsuddin; former Minister of Public Works, S. Samy Vellu; and former Information Minister Zainuddin Maidin.  Former Minister of Housing and Local Government, MCA President Ong Ka Ting, declined to accept a new cabinet posting, and former ministers Chua Soi Lek (Health) and Dr. Lim Keng Yaik (Energy, Water and Communications) resigned before the 2008 elections.  Chan Kong Choy (Transportation) and Mohd Effendi Norwawi (PM's Department) did not seek re-election and were thus ineligible for reappointment.

5. (SBU) Former Women's Ministry Shahrizat Jalil became an exception to Abdullah's decision not to reappoint ministers who failed at the polls.  In a separate written announcement from the PM's office, Abdullah announced that Shahrizat, current deputy and possible heir apparent for UMNO's women's wing, has been appointed as a Special Advisor to the PM for women's issues, with the rank of minister.

6.  (C) We note that Abdullah's son-in-law Khairy Jamaluddin was absent from the new line up.  Prior to BN's shocking election set-back, Khairy was widely touted for a minister or deputy minister slot.  Many in UMNO appear to blame Khairy as an significant factor behind UMNO and BN's poor showing.

In with the new

7.  (SBU) While several previous deputy ministers were promoted in the new cabinet, there were a number of new faces to Abdullah's administration.  Most notable of the new additions are attorney and former parliamentarian Zaid Ibrahim; former President of the BN Backbenchers' Club Shahrir Samad; former Parliamentary Secretary in the MFA, Ahmad Shabery Cheek; and former Chief Minister of Selangor and current UMNO Information Chief Muhammad Muhammad Taib. Zaid has been appointed a Minister in the PM's Department and charged with overseeing reforms in the judiciary.

Shahrir Samad, who also served as the outgoing chairman of Parliament's Public Accounts Committee, has been appointed as the new Minister of Domestic Trade and Consumer Affairs. Shabery Cheek is a relatively young and seemingly progressive parliamentarian who could bring a new approach to the Ministry of Information.  Muhammad, a long-term UMNO insider and power player, has returned to federal politics as the Minister of Rural Development.

Party, Race and Gender

8. (SBU) Although the new cabinet saw the number of ministries reduced by one to 27, the number of cabinet ministers remained unchanged at 32, with UMNO Malay ministers not only occupying the large majority of the seats but also the key cabinet portfolios.  Out of the 32 member cabinet, UMNO holds 23 positions, followed by MCA with 4, and MIC, Sabah's PBS and UPKO, and Sarawak's SUPP and PBB each with one.  Old-time UMNO stalwarts continue to hold the most important portfolios of Finance I and II (PM Abdullah and Nor Yakcop), Defense (DPM Najib), Internal Security/Home Affairs (former FM Syed Hamid Albar), Agriculture (Mustapha Mohamad), and International Trade/Industry (UMNO VP Muhyiddin).  Former Culture Minister Rais Yatim, not known for his dynamism, has been appointed the new Minister of Foreign Affairs.

9.  (SBU) The racial breakdown of the cabinet includes 23 Malays (those of UMNO), five Chinese, and one each from the Indian, Kadazan-Dusun and Iban-Dayak Communities.  The number of cabinet positions represented by Sabah (non-UMNO) and Sarawak Members of Parliament remain unchanged with two cabinet portfolios from each state, despite East Malaysia's contribution of one-third of BN's seats in parliament.  From Sabah, both the non-UMNO cabinet positions are held by leaders from the indigenous Kadazan-Dusun community, while from Sarawak, one is held by a Chinese Sarawakian and the other by a leader from the indigenous Iban-Dayak community.

Except for Melaka and Perlis, all other states had representatives in the cabinet with Johor having the largest representation with seven ministers, followed by Pahang and Selangor with four each.

10.  (SBU) There are only two women in the cabinet-- one each from UMNO and MCA.  This compares to three women in Abdullah's previous cabinet.

Whither support for Najib?

11.  (C) Prior to the cabinet announcement, observers speculated about the involvement of Deputy Prime Minister Najib in the cabinet making, but at first glance the new cabinet does not appear to strengthen Najib's hand.  The cabinet removes some long-time Mahathir cronies, notably Jamaluddin Jarjis and Tengku Adnan Mansor, and consequently two close allies of Najib, given Mahathir's backing of Najib over Abdullah.  Of course, Najib retains the key Defense portfolio, and another important member of his camp, Education Minister and UMNO Youth chief Hishammuddin, remains in place.  We have not identified other Najib supporters newly included in the cabinet.  Speculation has already begun in opposition circles that Abdullah has resisted efforts to strengthen Najib ahead of the UMNO leadership elections.

12.  (C) Abdullah, who boasted of selecting only honorable, uncorrupted ministers, was forced at his live March 18 press conference to field pointed questions from the journalists regarding his reappointment of Najib as DPM.  One reporter specifically asked Abdullah to explain Najib's re-appointment given the frequent allegations of wrongdoing in military contracts (ref E). Abdullah, initially taken aback by the question, responded that "there is no proof that Najib is involved in any corrupt activities.  People can make all kinds of allegations, but what is important is that there is no evidence of that." 

(Comment: Abdullah's reappointment of Najib as DPM was a foregone conclusion, given Najib's position as Deputy President of UMNO.  Najib faces public and private criticism for allegedly profiting greatly from the Sukhoi jet and Scorpene submarine purchases, and for rumored ties to the Razak Baginda murder case.  End Comment).

Comment

13.  (C) After the election debacle, Prime Minister Abdullah stated that he understood many Malaysians were not satisfied with his first administration.  Abdullah, however, will have a difficult time presenting the new cabinet as a platform for change in response to voters' desertion of the National Front.  Despite the appointment of Zaid Ibrahim and Shahrir Samad, two noted reformists, and possibly Shabery Cheek, there is little other initial indication that Abdullah has broken the status quo.  The majority of appointees are long-time UMNO insiders who have benefitted from the system, not challenged it. 

The states of Sabah and Sarawak have not gained any significant influence in the cabinet, despite their critical role in voting in roughly one-third of BN's parliamentary seats.  De facto opposition leader Anwar Ibrahim has already spoken publicly of his desire to woo BN's East Malaysia partners into the opposition, and thus remove BN from power, and the cabinet line-up does not appear to cement East Malaysia's allegiance to Abdullah's National Front. 

We still assess that PM Abdullah is not likely to be able to remain in office beyond the next UMNO elections (septel), and as challenges to Abdullah's authority continue so do rumors of plans to remove him even sooner than the UMNO vote.  This cabinet is best viewed as an interim line-up until UMNO has settled its looming leadership question.  End Comment.

New Cabinet Line-Up

14.  (U) The new cabinet is presented below.  Septel provides more detail about changes in the portfolios.

 

Prime Minister: Abdullah Ahmad Badawi

Deputy Prime Minister: Najib Tun Razak

 

Ministers in the Prime Minister's Department:

Bernard Dompok

Nazri Aziz

Ahmad Zahid Hamidi

Mohd Zaid Ibrahim

Amirsham Abdul Aziz

 

Deputy Ministers in the Prime Minister's Department:

Johari Baharom

Dr Mashitah Ibrahim

K. Devamany

Hassan Malik

 

Finance Minister - Abdullah Ahmad Badawi

Second Finance Minister - Nor Mohamed Yakcop

Deputies - Ahmad Husni Hanadzlah, Kong Cho Ha

 

Defense Minister - Najib Tun Razak

Deputy - Abu Seman Yusop

 

Internal Security and Home Affairs Minister - Syed Hamid Albar

Deputies - Chor Chee Heong, Senator Wan Ahmad Farid Wan Salleh

 

Housing and Local Government Minister - Ong Ka Chuan

Deputies - Robert Lau , Hamzah Zainuddin

 

Works Minister - Mohd Zin Mohamad

Deputy- Yong Khoon Seng

 

Energy, Water and Communications Minister - Shaziman Abu Mansor

Deputy- Joseph Salang Gandum

 

Agriculture and Agro-based Industry Minister - Mustapa Mohamed

Deputy - Rohani Abdul Karim

 

International Trade and Industry Minister - Muhyiddin Yassin

Deputies- Loh Wei Keong, Jacob Dungau Sagan

 

Foreign Affairs Minister - Dr. Rais Yatim

Deputy- Tunku Azlan Abu Bakar

 

Education Minister - Hishammuddin Hussein

Deputies - Wee Ka Siong, Razali Ismail

 

Higher Education Minister - Khaled Nordin

Deputies - Khoo Kok Choong, Idris Harun

 

Transport Minister - Ong Tee Keat

Deputy - Anifah Aman

 

Human Resources Minister - S. Subramaniam

Deputy- Noraini Ahmad

 

Women, Family and Community Development Minister- Dr Ng Yen Yen

Deputy- Noriah Kasnon

 

National Unity, Culture, Arts and Heritage Minister- Shafie Apdal

Deputy- Teng Boon Soon

 

Science, Technology and Innovation Minister- Dr Maximus Ongkili

Deputy- Fadilah Yusof

 

Entrepreneurial and Cooperative Development Minister - Noh Omar

Deputy- Saiffuddin Abdullah

 

Natural Resources and Environment Minister - Douglas Unggah Embas

Deputy - Abu Ghapur Salleh

 

Rural and Regional Development Minister - Muhammad Muhd Taib

Deputy- Joseph Kurup

 

Domestic Trade and Consumer Affairs Minister - Shahrir Samad

Deputy - Jelaing Mersat

 

Plantation Industries and Commodities Minister - Peter Chin Fah Kui

Deputy- Senator A. Kohilan

 

Youth and Sports Minister - Ismail Sabri Yaacob

Deputy - Wee Jack Seng

 

Health Minister - Liow Tiong Lai

Deputy- Dr. Abdul Latiff Ahmad

 

Information Minister - Ahmad Shabery Cheek

Deputy- Tan Lian Hoe

 

Tourism Minister - Azalina Othman

Deputy - Sulaiman Abdul Rahman Abu Taib

 

Federal Territories Minister - Zulhasnan Rafique

Deputy- M. Saravanan

SHEAR (March 2008)

 

WIKILEAKS: POST-ELECTION VIEWS FROM EAST MALAYSIA

Posted: 28 Oct 2011 05:42 PM PDT

Dominic told us Anwar must win the trust of Sabahans through action and not words. The burden is on Anwar to show he is no longer a Muslim fundamentalist. Sabahans mistrust peninsular-based parties because of their experience with the United Malay National Organization (UMNO) after the party gained entry into Sabah. Sabahans voted on the merits of individual opposition candidates and not for their parties. Sarawakians accepted DAP, which focuses on political issues. However, they distrust both Anwar's People's Justice Party (PKR) and the Malaysian Islamic Party (PAS).

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Classified By: Classified By: POLITICAL SECTION CHIEF MARK D. CLARK, RE ASON 1.4 (B AND D).

Summary

1. (C)  East Malaysians, whose support in the March 8 election provided Prime Minister Abdullah with the necessary majority to form the new government, are closely watching what opposition parties do with their newly won states, especially Penang, according to our contacts in Sabah and Sarawak on March 14. If they are successful, the opposition parties could make significant gains in East Malaysia during the next election. 

A journalist speculated that East Malaysia would have voted for the opposition if it had known how well the opposition would fare on the peninsula.  The fact that East Malaysian parliamentary seats are now essential for Abdullah's National Front government has generated high expectations in Sabah and Sarawak of stronger representation in the Prime Minister's cabinet.  Given the ruling National Front's (BN) vulnerabilities on the peninsula, the Prime Minister cannot afford political missteps in Sabah and Sarawak as he struggles to remain in power.  End Summary.

View from Sabah

2.  (C) We spoke on March 14 with contacts in the East Malaysia states of Sabah and Sarawak to find out what people are saying about the election.  Jaswendar Kaur, a journalist for the government-influenced New Strait Times (NST), told poloff that if Sabah's general election were held 3-4 days after the peninsula's and its strong opposition showing, Sabah would have gone with the opposition. 

She said people, especially from rural communities, remember when Sabah voted against BN in the early 1990s.  Afterwards, the federal government froze Sabah out of federal funding until the next general election as punishment.  Not willing to be the lone voice, Sabahans voted BN.  However when combined, opposition candidates won the popular vote. 

Within Sabah, the opposition parties lacked the cooperation achieved in West Malaysia.  As a result, many of the election races had multiple candidates vying against a BN opponent.  As in prior elections, allegations of vote rigging in key races were widespread, including allegations that some election officials were complicit in the rigging.  Sabahans are watching how the opposition will run the key state of Penang to measure the opposition's effectiveness.

3. (C) Dominic Lim, Coordinator for the Catholic Diocese's Human Development Committee told poloff that if the opposition successfully runs Penang, BN "will lose" its hold on Sabah.  However, Sabahans are slow to embrace Anwar Ibrahim.  He is widely remembered in Sabah from his days as Minister of Finance and Deputy Prime Minister, when he spoke disparagingly about Sabah. 

Dominic told us Anwar must win the trust of Sabahans through action and not words.  The burden is on Anwar to show he is no longer a Muslim fundamentalist.  Sabahans mistrust peninsular-based parties because of their experience with the United Malay National Organization (UMNO) after the party gained entry into Sabah. Sabahans voted on the merits of individual opposition candidates and not for their parties. 

A Sabah-based opposition party could expect to find strong support, but as contacts noted, Sabah lacks a strong leader capable of uniting Sabahans across ethnicities (Kadazan, Chinese, and Malay).  The key issues dominating Sabah's local politics during the election continued to be the status of thousands of illegal aliens residing in Sabah and land being seized by businesses, sometimes in violation of indigenous customary law.

View from Sarawak

4.  (C) According to Father Simon Poh, Chancellor to Catholic Archbishop John Ha, Sarawak's voters split mostly along urban and rural lines.  Urban voters leaned towards the opposition Democratic Action Party (DAP) and rural voters, dependent upon federal government funding for development, voted BN. However, a common consensus of our contacts is that the people want change. 

If the opposition could cooperate in Sarawak, they could make significant gains in future elections.  Sarawakians accepted DAP, which focuses on political issues.  However, they distrust both Anwar's People's Justice Party (PKR) and the Malaysian Islamic Party (PAS).  Sarawakians perceive both parties using religion for political gain and fear they will bring an Islamic agenda to Sarawak. 

(Note: PAS does not have a presence in Sarawak and DAP and PKR are not on good terms with each other in the state.  End Note.

The Catholic Church, while publicly neutral, privately favors a change from BN and advised parishioners to "vote their conscience."  Sarawakians, like Sabahans, are closely watching how the opposition will run their newly controlled states.

5.  (C) Nancy Nais (protect), journalist for NST, told poloff that vote buying was widespread in the rural areas, with alleged payments ranging from about USD30-130 (50-200 Malaysian Ringgit).  She also described how during the campaign period, UMNO sent censors to the editorial offices for NST, and other government-influenced mainstream press. The teams were empowered to edit or stop publication of all articles.  After the election and because of the opposition's strong gains, the NST's senior editors distributed a memorandum informing all NST offices they "must now provide balanced reporting" of the opposition.

Comment

6.  (C) The people in East Malaysia are awakening to their new political leverage, holding 51 of BN's 138 parliamentary seats.  East Malaysia's consequently anticipate a greater number and more important cabinet positions.  Just as important as the number of cabinet positions will be who fills them.  Sabahans and Sarawakians will fill cheated once more by the peninsula if ethnic Malays, a minority in Malaysian Borneo, dominate the Cabinet appointments allocated to East Malaysia.  Given BN's vulnerabilities on the peninsula, the Prime Minister cannot afford political missteps in Sabah and Sarawak as he struggles to remain in power.

KEITH (March 2008)

 

WIKILEAKS: MALAYSIA'S ELECTION: EMBASSY OBSERVATIONS IN BATTLEGROUND STATES

Posted: 27 Oct 2011 01:00 AM PDT

On March 6, we went to a DAP ceramah that drew some 50,000 people. In contrast, we attended a BN ceramah in Jelutong for Gerakan candidate Thor Teong Gee. There were only about 100 people in attendance, and they milled around and chatted while he spoke. The crowd was completely ethnic Malay and Dr. Thor spoke Bahasa. BN provided food and drinks, but still there were many empty chairs. Dr. Thor was not very animated, and after he finished his 30-minute speech he left immediately.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Summary

1. (SBU) Embassy KL positioned election observers in six hotly contested states during the final days of Malaysia's campaign period and on the March 8 polling day.  In addition to our previous reporting on campaigns in the capital city areas of Kuala Lumpur and Selangor, this message provides first hand observations from Perak, Terengganu, Penang, Kedah, Kelantan and Sabah.  We observed common patterns in many of these states which highlight some factors that may have brought about the unprecedented opposition gains (ref A). 

Despite the prevalence of signs, banners and flags around the country for Prime Minister Abdullah's National Front (Barisan Nasional or BN) coalition, and despite the coalition's heavy dominance of the mainstream media, the BN was out-campaigned in many areas.  The opposition parties' ceramahs, or street rallies, dwarfed BN's efforts, and the coalition's decision to limit most campaigning to small groups and "walk-a-bouts" failed to draw the large number of votes to which it was accustomed. 

Issues of corruption, crime, good governance, fair elections and racial equality resonated loudly in the communities that eventually fell to the opposition, and many voters chose "anyone but BN."

Finally, on the peninsula we also saw a general lack of confidence among both BN volunteers and candidates in constituencies that the eventually fell to the opposition. The opposition's energetic campaigns contrasted with lackluster BN efforts, foreshadowing the serious political setback suffered by Prime Minister Abdullah and BN in the March 8 polls.  End Summary.

Perak

2. (SBU) In our early visits around Perak's capital of Ipoh we heard many conclude that the Malaysian Chinese Association (MCA) would have a tough time beating DAP.  The MCA ceramahs were far from a success and turn outs were minimal.  Staffers of the BN-MCA candidates went around the tables, shook hands and handed out brochures, hand fans and CDs. 

We attended a typical ceramah that had a maximum of 500 people in attendance with about 30 per cent of the crowd being children.  They were there primarily to watch the Lion Dance (which the party paid RM 8000 for a 10 minute performance).

When the performance ended the people began leaving.  By the time the 3 late-teens girls act finished singing and the politicians started talking, the crowd was less than 200 and most were ignoring the speakers.  People were just not interested.  Looking for other BN activities, we walked into the United Malays National Organization (UMNO) building, but it was sparsely staffed and looked like a ghost town.  We were told they were not holding any ceramahs, only going door-to-door.

3. (SBU) We also attended parliamentary opposition leader Lim Kit Siang's last ceramah in Perak.  It was raining heavily up until the start of the event.  When we arrived the rain had just stopped and there were almost 2000 people, with umbrellas.  There were no performances or gimmicks to attract the crowd, only speakers.  The people came in droves and by 11:30pm there were about 20,000 people mostly of Chinese and Indian descent, at the event. 

Speakers worked up the crowd mentioning the brandishing of the ceremonial Malay kris at the UMNO conventions. They emphasized that Chinese born in Malaysia are also true Malaysians; and touched on religious cases of Lina Joy, and other conversion cases; and on education and the number of Chinese schools allocated in the last 10 years. 

Speakers also complained of the Altantuya murder case and called it the "MongolianNajib" case, in reference to Deputy Prime Minister Najib Abdul Razak's alleged connections to the case.  Making fun of Prime Minister Abdullah's reputation of sleeping through meetings, one speaker commented that the Royal Malaysian Customs close "one eye" to matters but the Prime Minister closes "both eyes". 

Speakers frequently referenced the rising crime rates and linked the crimes with corruption and poor governance. Speakers made reference to the Anti-Corruption Agency (ACA) and renamed it "Another Collection Agency," and highlighted the endemic corruption that was apparent in the VK Lingam case.

4. (SBU) Election day was uneventful.  Embassy observers traveled around Ipoh to different polling sites.  At each site the people were coming in a steady trickle.  Volunteer civil-defense personnel (RELA) or police were at all the polls, with a BN booth (locally called a "pondok panas") set-up near-by to help voters verify their registrations. Observers did not see any buses or other overt forms of possible voting irregularities.

Terengganu

5.  (SBU) We observed the election in three districts - Marang, Kuala Terengganu, and Kuala Nerus. Kuala Terengganu was awash with banners and posters of both parties.  However, both the Islamic Party of Malaysia (PAS) and UMNO did not hold any mass ceramahs two days prior to polling, but instead focused on smaller neighborhood ceramahs door-to-door campaigning and the distribution of political pamphlets and CDs.

In Kuala Nerus, it was a similar situation as in Kuala Terengganu.  However, in the PAS stronghold of Marang and the state constituencies within the district, it was obvious that there were many more PAS posters and banners compared to BN.

6. (SBU) In PAS ceramahs, we noted that speakers were focusing on two issues - Islamic values and the "kain kapan" (or funeral shrouds). The speakers were emphasizing the importance of Islam and the afterlife. They told the people that they should vote for the "right candidate" but reminded everyone that it is sinful to vote for a candidate or party who is corrupt.  The rationale being, since all BN candidates are corrupt, the vote should go to PAS.

In one small ceramah at Kuala Terengganu, a local PAS leader campaigning for PAS Vice President Mohamed Sabu, also stated that although they hated Mahathir, they could still tolerate him but not PM Abdullah whom they claim was "stupid."  PAS also accused BN of stealing the people's money and added that Terengganu does not need any more development that only benefits the rich.

7. (SBU) BN supporters on the other hand were generally happy with the PM and developments in Terengganu.  A MCA party worker told us that the people should give the PM at least two terms before judging his administration but "the uneducated folks in Terengganu want to see results in a day."

Another BN supporter shared her experience on how PAS supporters had openly questioned her at the local market for supporting the BN and gave her a "religious lecture" on why she should be supporting PAS.  Due to these incidents, BN supporters told us that they would normally pretend to agree with PAS whenever they are approached by the Opposition party to avoid a lecture, and because of "the fear of a mishap from Allah" (as PAS supporters would claim if someone did not support the party).

Penang

8. (SBU) On March 6, two days before the election, we met DAP candidate Liew Chin Tong and asked if he felt confident.  He replied that he felt confident in himself, but still not sure if the voters would turn out.  Nevertheless, the DAP headquarters and PKR operations center we visited were buzzing with people and activity.  Groups of people were chatting outside, and seemed charged up and excited. A steady stream of people were coming and going, while candidates Liew Chin Tong and Jason Ong Khan Lee (PKR) were among the group of workers greeting people and handing out literature.

9.  (SBU) On March 7, at the People's Movement Party (Gerakan) headquarters, a volunteer told us that he felt like it was hopeless, and that he felt very discouraged. We visited Barisan Nasional's MCA headquarters and Gerakan headquarters and both were relatively quiet and empty.  In fact MCA's office was so quiet that we initially thought it was closed.  We tried calling one of the Gerakan election centers for directions to a ceramah, and no one answered. When we inquired about ceramahs at the MCA headquarters, a volunteer suggested that we attend the DAP ceramah instead.

Issues of importance to Penang voters

10. (SBU) From Chinese and Indians, most comments were about the economy, high prices, and declining standard of living. Several Chinese mentioned that huge schools are being built for Malays in areas where there are few Malays, and the Chinese are packed into tiny schools.  There is anger on this point and on other race-related inequities. They said that they cannot demand higher wages from the multi-nationals or the companies will be driven out of Malaysia.  People are fed up that the government is not keeping costs down.  Many Chinese and Indians said that they are poor, and the government does not help them.

11. (SBU) We attended several ceramahs in the state, but without exception, only DAP and PKR were able to draw a crowd.  On March 6, we went to a DAP ceramah that drew some 50,000 people. Speakers included Karpal Singh, Lim Guan Eng, and Lim Kit Siang among others.  They spoke a mix of Hokkien, Mandarin, English, and Malay; all speakers using at least two languages and some using four. 

The crowd's reaction to Lim Guan Eng stood out the most. He first approached while someone else was speaking.  The crowd which had been sitting on the grass stood and chanted his name, cheering wildly.  He didn't come up on stage then, but came back later.  Again the crowd stood, with deafening chanting and cheering greeted his entrance.  When he finally spoke, he was given a rock-star reception, again with deafening cheers to his words. Although others received enthusiastic receptions, the standing, cheering and roaring applause were reserved for Lim Guan Eng.

12. (SBU) In contrast, we attended a BN ceramah in Jelutong for Gerakan candidate Thor Teong Gee.  There were only about 100 people in attendance, and they milled around and chatted while he spoke.  The crowd was completely ethnic Malay and Dr. Thor spoke Bahasa.  BN provided food and drinks, but still there were many empty chairs.  Dr. Thor was not very animated, and after he finished his 30-minute speech he left immediately.  BN later hosted several other speakers, and though the crowd fluctuated in size, there were at most only 200 people at its height.

Kedah

13. (SBU) Upon arriving in Alor Star, the capital of Kedah, we stopped at the UMNO headquarters and spoke with a worker. The office was empty except for him and one other, and they were entirely at a loss when asked about ceramah schedules. They said another office took care of that, and searched for the phone number of someone to call.  When we called, we only got an error message.  With little support from the party we decided to speak with locals about the campaign. 

We spoke with a Chinese Malaysian vendor at a printing shop with large a Gerakan banner posted above the entrance.  He said that a large number of BN banners around Alor Star were not necessarily representative of widespread support, and estimated the town at 60-40 pro-BN.  He himself was not sure whom he would vote for and seemed to weigh some of the same things that media had been harping on -- making votes "count" by voting for BN vs. voting for the opposition as a way to signal displeasure at the current government.

14. (SBU) As we drove through the rural areas of the state we saw considerably more PAS banners, which increased markedly as we made our way into the small town centers. The owner of a local shop confirmed that PAS would be holding 22 ceramahs across the state every night of the campaign.  When talking about his own district of Pendang, he said the race was "hot" between PAS and UMNO but guessed it 50-50 that either side would win. 

Not surprisingly for this conservative area, very few women were seen to be involved in the political process, and the people we spoke to seemed generally suspicious and uncomfortable when an American woman asked questions about the elections.  Although it was considered a "hot" race, there was little outward political activity to suggest active mobilization or participation on either side.  In general, it was very quiet for 2 days before polling, and we surmised that most voters had long since made up their minds about which party to vote for.

15.  (SBU) On the last day of campaigning we happened upon one of the campaign offices of PKR candidate Gobalakrishnan (a recent Embassy IVP alumnus) in Padang Serai.  One of the campaign's biggest concerns was about polling-day shenanigans, including phantom voters.  The indelible ink issue was brought up constantly, as evidence that the government was intent on ensuring that voting would not be fair while at the same time blaming others for it.

Gobal described how the local Indians were very angry with Malaysian Indian Congress (MIC) President Sammy Vellu, so much so that when Samy came to the town last week to support the BN candidate he did not inform the Indian community.

When word got out, according to Gobal, there was a spontaneous protest demonstration by 10,000 people that clogged roads and brought out the police.  Police arrested the PKR candidate's son, claiming his stereo speakers were too loud, then told Gobal they would release him if Gobal told the crowd to disperse.  Gobal proudly said that he told them to keep his son locked up.  The campaign figured their chances of success were about 50-50, but in the end won by almost 12,000 votes and the opposition took the state.

Kelantan

16. (SBU) In the battle of banners, Kelantan was the Maginot Line of Malaysia where the green banners of PAS buttressed the navy blue of Barisan Nasional at every corner.  Yet despite the constant flag warfare, and despite repeated

visits earlier in the campaign by the Prime Minister and Deputy Prime Minister, little else was observed that would indicate BN was truly prepared to fight.  In the final days of the campaign, while PAS held street rallies (ceramahs) and mass prayers at the local stadium in Kota Bahru, BN candidates quietly visited their neighbors and limited their campaigns to "walk-a-bouts." 

On March 6, just two nights before the election, we were informed by a sparsely staffed campaign headquarters that UMNO would not be holding any ceramahs or public events before the elections.

17. (SBU) Nevertheless, PAS candidates continued to campaign hard throughout the state and in the capital city.  Former State Assembly Speaker and parliamentary candidate Wan Rahim Wan Abdullah invited us to attend a PAS ceramah in a Chinese village on the outskirts of Kota Bahru, "to get a real feeling for the issues facing Kelantan." 

Upon arriving, we quickly noticed that the only Muslims at the ceramah were the candidate and his family. Yet, a crowd of some 200 Chinese voters bought food from local hawkers and listened for hours as Hokkien speakers explained why even non-Muslims should support PAS over Barisan Nasional. 

The crowd laughed and cheered as the speakers disparaged the BN national government.  As one attendee explained, "PAS cleaned up our state.  So you want to gamble or go to a night club. . .go to Thailand.  It's not far.  Some of us go, but we don't need he problems those things bring us here."

18. (SBU) We spent the final day of campaigning in Bachok, the hotly contested seat of Deputy Finance Minister Dr. Awang Adek Hussin and his challenger PAS Deputy President Nasharuddin Mat Isa.  BN supporters confirmed that the coalition had taken the same approach throughout the campaign and limited most of their campaigning to small group meetings, door-to-door encounters, and relied heavily on the personal reputation of the candidate. 

We met briefly with Awang, and he expressed optimism of retaining his parliamentary seat, but less confident of winning the state seat which would designate him the coalition's choice for Chief Minister.  PAS supporters remained confident of sweeping the parliamentary and state assembly elections in the district and held ceramahs nightly even to the last day of campaigning.

19. (SBU) Election Day in Kota Bahru remained calm and voters flowed to the polls in steady streams throughout the day. There was a true feeling of excitement in the air as both PAS and BN "pondok panas" workers greeted arriving voters with enthusiasm and attention.  But by the end of the day, BN workers confided that they had hoped for a better turn out.

They estimated that turn-out was around 70 percent, and they had hoped for 80 percent to ensure a BN victory.  In the end they were right, and PAS and PKR candidates handily defeated BN in both state and parliamentary elections across Kelantan.

Sabah

20. (SBU) Prior to election day in Sabah, there was sentiment expressed both in news articles and even by some supporters within the BN's Sabah People's Progressive Party (SAPP)  that some Barisan seats were likely to be lost in the general election, with the Democratic Action Party (DAP) expected to reap the benefit of any BN losses.  Journalists speculated in the run-up to Election Day that the areas with Chinese voter majorities were being targeted by opposition parties such as the People's Justice Party (PKR) and DAP.

21.  (SBU) When the voting was done and the ballots were counted, DAP managed wins only in the Kota Kinabalu and Sri Tanjung districts.  Just days before the election, however, many BN candidates confided that they were not sure how well the BN would perform in urban areas, and that they expected to lose more seats.  Still, one BN party activist we interviewed made the interesting comment that Chinese voters in Sabah become anxious when they see demonstrations leading to crackdowns such as those taking place in the peninsula where Bersih and Hindraf demonstrations came to grief.  He noted that Chinese in East Malaysia would, in order to avoid strife, rather stay away from supporting parties like PKR in the elections and prefer instead to support moderate mainline groups like the SAPP who are already aligned to folks in power.

22. (SBU) During the period of observations, we saw no buses being used to transport potential voters.  However, at one site we could overhear an UMNO worker on his cell phone requesting that transportation (including buses) be provided to bring voters to the station.  We observed an interesting situation when a youthful voter exited from the polling area and asked one of the uniformed UMNO party workers what he should do now.  Paraphrasing, she told him "not now" but to "come to the office tomorrow."

KEITH (March 2008)

 

WIKILEAKS: ELECTION AFTERMATH: ABDULLAH AND UMNO STOKE MALAY FEARS

Posted: 26 Oct 2011 01:00 AM PDT

UMNO leaders publicly warn the Penang government not to foment unrest, but UMNO's media campaign itself seems intent on stoking the fires. Were demonstrations for Malay rights to break out (or be staged) in Penang, UMNO and BN would have grounds to discredit the fledgling opposition authorities or, in a more extreme scenario, to invoke Article 150 of the Constitution to declare a state of emergency. 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Classified By: POLITICAL SECTION CHIEF MARK D. CLARK, REASON 1.4 (B AND D).

1.  (C) Summary:  Prime Minister Abdullah Badawi and senior officials from his UMNO party seemingly are using the media to stoke ethnic Malay fears over opposition Chinese political gains at the expense of Malays, using the new Chinese-led opposition government in Penang as the lightening rod. UMNO's coordinated media offensive appears intended to rally ethnic Malays back to UMNO while undermining the Penang state government, and represents the first counter-attack against the opposition that fared so well in the March 8 polls.  End Summary.

2.  (C) In the aftermath of the shocking March 8 election set-back (reftel), Prime Minister Abdullah Badawi and senior officials from his United Malays National Organization (UMNO) party seemingly are using the media to stoke ethnic Malay fears over opposition Chinese political gains at the expense of Malays, using opposition-held Penang as the lightening rod.  In bold initial statements, newly-installed Penang Chief Minister Lim Guan Eng of the opposition Democratic Action Party (DAP) announced that his state government would stop implementation of measures under the New Economic Policy (NEP), which provides for Malay preferences in contracting, hiring and other areas.  Abdullah and UMNO leaders quickly seized upon this assault on the NEP, a long-held centerpiece of Malay politics, to launch their own offensive against the opposition.

3.  (U) Since March 11, a day after the King swore in Abdullah for a new term as Prime Minister, the government-dominated Malay-language media, both television and print, have carried strong warnings by the Prime Minister and other senior UMNO leaders against actions that disadvantage Malays and thus fuel racial tensions. 

In statements carried on Malay television news broadcasts on March 12, Abdullah publicly warned, "the (Penang) state government must not try to create an atmosphere which can cause racial tension...."  UMNO Vice President Muhyuddin Yassin told reporters, "I'm not sure if the rights and fate of the Malays will be taken care of...," while a second UMNO Vice President, Ali Rustam, said Penang's decision victimizes Malays. 

Former de facto Law Minister Nazri Aziz called Malays who voted for the opposition "traitors" and veteran UMNO leader Tan Sri Abdul Aziz said such Malays lacked patriotism.

4.  (U) The UMNO-owned Utusan, the largest circulation Malay language hard news daily, has led the way in the print media, exemplified by its March 13 front-page headline, "Warning to Guan Eng - Don't Take Actions that Fuel Racial Tensions."

Political columnists cautioned that Penang could break away "like Singapore" and letters from unnamed contributors attracted headlines like "Malays' Survival Threatened."

State news agency Bernama carried similar articles, including one on March 13 under the headline "DAP's Arrogance Can Stoke Racial Tension," quoting former deputy Information Minister Ahmad Zahid Hamidi.

5.  (U) Lim Guan Eng and senior leaders of his Democratic Action Party (DAP) tried to refute publicly the UMNO attacks and assure ethnic Malays.  The Penang Chief Minister told reporters on March 13 that Malays in his state would not be marginalized and he clarified that doing away with the NEP meant a transparent tender process for government contracts.

Lim accused Utusan and the Bernama news agency of inaccurate reporting, and said unnamed parties were spreading tension-building rumors, for example that the Chinese-led Penang government had ordered mosques to turn down the volume in the call for prayers. 

Lim said, "It is easy to play up this kind of sentiment.  If the BN (UMNO's National Front coalition) has any dignity, it should do things according to the facts and not just create issues and they whack us."

6.  (C) Comment:  Lim Guan Eng's bold announcement of the end of NEP provided UMNO with a convenient opportunity to play the Malay race card.  Charges of marginalization of the Malays at the hands of ethnic Chinese and rumored challenges to the practice of Islam are highly emotive issues in

Malaysian politics and invoke memories of the 1969 race riots that followed gains by the Chinese political opposition.

UMNO's coordinated public attack on the new Chinese-led government in Penang, carried out primarily in the Malay media, appears intended in part to rally ethnic Malays back to UMNO, following its electoral set-back which saw a swing in Malay votes in support of the opposition. 

Additionally, UMNO's campaign serves to undermine the legitimacy of the Penang state government and represents UMNO's first counter-attack against the opposition that fared so well in the March 8 polls.

7.  (C) UMNO leaders publicly warn the Penang government not to foment unrest, but UMNO's media campaign itself seems intent on stoking the fires.  Were demonstrations for Malay rights to break out (or be staged) in Penang, UMNO and BN would have grounds to discredit the fledgling opposition authorities or, in a more extreme scenario, to invoke Article 150 of the Constitution to declare a state of emergency. 

The intense UMNO media campaign is reminiscent of government tactics used to set the stage for Abdullah's decision in December 2007 to jail ethnic Indian rights activists on national security grounds.

KEITH (March 2008)

 

WIKILEAKS: AMBASSADOR'S DISCUSSION WITH MFA PERMSEC HO ON MALAYSIAN ELECTIONS

Posted: 25 Oct 2011 01:00 AM PDT

Ho said that on the ruling National Front (BN) side, PM Abdullah Badawi is probably done for politically, despite having been sworn in again as PM on March 10. Former PM Mahathir Mohamad will keep throwing stones at Abdullah. The political knives will be out for Abdullah's son-in-law UMNO politician Khairy Jamaluddin, whom nobody likes because he got where he is through family ties. As for Deputy Prime Minister Najib Razak, he is an opportunist. Although he has not been critical of Singapore, he will not hesitate to go in that direction if it is expedient for him to do so. Najib's political fortunes continue to be haunted by the Mongolian murder scandal.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

Classified By: Ambassador Patricia L. Herbold for reasons 1.4 (b, d).

1.  (C) The Ambassador and MFA Permanent Secretary Peter Ho met over lunch on March 12, discussing issues including Singapore's perceptions of the elections in Malaysia (reftel.)  Ho said that in Singapore "everybody was shocked" by the extraordinarily strong showing by the opposition in Malaysia.  People knew that change was coming, perhaps one election down the road, but did not anticipate that change could come this fast.

2.  (C) Ho said that on the ruling National Front (BN) side, PM Abdullah Badawi is probably done for politically, despite having been sworn in again as PM on March 10.  Former PM Mahathir Mohamad will keep throwing stones at Abdullah.  The political knives will be out for Abdullah's son-in-law UMNO politician Khairy Jamaluddin, whom nobody likes because he got where he is through family ties.  As for Deputy Prime Minister Najib Razak, he is an opportunist.  Although he has not been critical of Singapore, he will not hesitate to go in that direction if it is expedient for him to do so.  Najib's political fortunes continue to be haunted by the Mongolian murder scandal. 

(Note: The scandal involves the ongoing trial of Najib's former political adviser Abdul Razak Baginda for abetting the 2006 murder of the Mongolian woman who had been Abdul Razak's ex-lover; two policemen from Najib's protective detail also are on trial for carrying out the murder.  End Note.

The MIC's Samy Vellu bears a large share of the responsibility for the BN's poor showing in the elections.  The Indian community's unhappiness, which helped create the current political dynamic in Malaysia, reflects the fact that Samy Vellu neglected the interests of the Indian community, even when its temples were being destroyed, focusing instead on his business activities in India, Ho said.

3.  (C) Ho stated that on the opposition side, former Deputy Prime Minister Anwar Ibrahim came out of the elections in a strong position, as shown by the electoral victories by his wife (whom Ho commented he has met and finds very impressive) and his daughter.  The Islamic PAS will be pushed in a more pragmatic, less radical direction by its increased proximity to real political power.  Within the ruling coalition, UMNO could find itself pulled in the opposite direction as it comes under increasing pressure to compete with PAS, Ho said.

4.  (C) Ho expressed pessimism about Malaysia's future prospects.  Malaysians from the Chinese and Indian minority communities keep leaving the country.  The relative size of the Malay Muslim majority keeps increasing.  As a result, more Malaysian students are studying in religious schools and fewer are studying in more rigorous secular schools.  This is harming Malaysia's international competitiveness, Ho said.

Visit Embassy Singapore's Classified website:

http://www.state.sgov.gov/p/eap/singapore/ind ex.cfm

HERBOLD (March 2008)

 

WIKILEAKS: SPECIAL 301 REVIEW: MALAYSIA

Posted: 24 Oct 2011 01:00 AM PDT

Despite the many positive trends, however, industry estimates on current IPR piracy levels indicate that it remains a serious problem. Piracy will require sustained government attention in many areas for the foreseeable future, and improved government attention in some areas that are currently deficient. Embassy therefore recommends that Malaysia remain on the Special 301 Watch List.

THE CORRIDORS OF POWER

Raja Petra Kamarudin

1.  Summary. In 2007 Malaysian IPR enforcement authorities continued to make good progress in fighting IPR piracy.  The single most promising development of the year was the long-awaited launch of the country's specialized intellectual property court. The United States and Malaysia continued to cooperate closely, in particular through ongoing negotiations on IPR issues within the framework of a free trade agreement. Piracy levels for motion pictures and for entertainment software declined in 2007. However, the overall piracy rates remain high for most types of IP, and the government will need to continue to strengthen its enforcement and prosecution efforts, and to seek certain legislative changes to strengthen Malaysian authorities. Embassy recommends that Malaysia remain on the Special 301 Watch List.  End summary.

Optical Media Piracy

2. In 2007 Malaysian IPR enforcement officers continued to exert strong pressure on the producers and exporters of counterfeit optical disc media.  The Ministry of Domestic Trade and Consumer Affairs (MDTCA), Malaysia's principal IPR enforcement authority, reports that in 2007 it conducted 70,863 raids, resulting in the seizure of 2,395,733 optical discs with an approximate value of 54 million Malaysian ringgit (approximately USD 16.8 million).  The number of cases taken under the Copyright Act of 1987 was 2,720 involving 597 arrestees.  MDTCA also reported 566 new criminal prosecutions.

3. Statistics compiled by the copyright industry indicate a seven percent drop in piracy rates (from 90 to 83 percent) in entertainment software.  MDTCA is carrying out more raids on pirated computer game sellers, and is working more closely with the Entertainment Software Alliance and the Motion Picture Association (MPA) to facilitate enforcement actions and subsequent prosecutions.

4. The estimated piracy level of records and music remained steady at 45 percent, and the business software piracy rate also was unchanged, at 60%.  The book publishing industry also reports continued large-scale piracy in Malaysia, principally in and around university campuses, though increased enforcement efforts lessened the overall monetary value of this form of piracy.

5. In July 2007 the MDTCA announced a new program targeting the use of pirated software. MDTCA has worked with the Business Software Alliance to target students, company directors, and employees, and include both educational efforts as well as targeted enforcement. One of the new IP court's first successful prosecutions involved a prominent retail establishment that admitted to possession of pirated software, paying a hefty fine while generating unwelcome publicity.

Digital Music - The Future of Piracy

6. In 2007 the Recording Industry Association of Malaysia (RIM) called on the Malaysian Communications and Multimedia Commission (MCMC), Malaysia's regulatory body for telecommunications, to block internet users from accessing illegal song download sites.  RIM has claimed a significant increase in demand for digitized music in Malaysia, which has eroded the sales of compact discs (including pirated discs).  Much of the demand is being met by foreign websites offering free music downloads. MCMC continues to deliberate whether to take action against such sites, which would constitute a shift in the government's generally hands-off approach to internet website access.

7. RIM has been pushing Malaysian authorities to take stronger action against landlords who allow pirating operations at their premises. RIM has also taken direct action against such landlords by filing a number of lawsuits seeking damages as well as the closure of such operations.  RIM has also sent out warnings of imminent lawsuits to hundreds of landlords, many of whom have complied with the warning by expelling the pirates.  Following RIM's lead, MDTCA has begun to initiate criminal actions against a few landlords as well.  Industry is pushing legislation that would specifically address the liability of landlords who allow their premises to be used for copyright infringement.

Progress on Motion Picture Piracy

8. Malaysian authorities successfully attacked the problem of pirate recordings in Malaysian cinemas, in particular those recordings using advanced cell phone technology (since cell phones are less detectable than camcorders).  In 2006 the Motion Picture Association (MPA) had estimated that 88% of pirated DVDs and VCDs circulating on the streets of Malaysia originated from illegal recordings in cinemas. The MDTCA focused its efforts to combat this illegal activity, acting on tips provided by cinema employees as well as patrons (the local branch of MPA offers a reward for such tips).  In early 2008 MPA announced that the joint efforts of cinemas and MDTCA officials had effectively eliminated cinemas as a source for illegal recordings; in 2007 some 30 cases of illegal recording were stemmed in Malaysia.  As a positive corollary, MPA noted that cinema attendance in Malaysia increased 20 percent in 2007 compared to 2006.

9. Malaysian authorities currently use existing Malaysian statutes to arrest and prosecute those caught recording movies in cinemas. However, such arrestees can be charged only with theft, not piracy. The MPA continues to push for the implementation of standalone anti-camcording legislation, both to strengthen the authorities' hands (by broadening the scope of illegal activity and by increasing fines) as well as to promote the problem among the Malaysian public. The Attorney General is also reportedly considering amendments to the Copyright Act to take into account copyright offenses conducted over the Internet, though there reportedly was little movement on such legislation in 2006.

10. The export of pirated discs, in particular those purchased over the Internet, remains a significant problem, although most industry sectors report fewer exports of pirated material from Malaysia than in previous years (with the one exception being the entertainment software industry). MPA reports good cooperation with MDTCA enforcement officers, Malaysian Post, Royal Malaysian Customs, cargo handling companies and courier companies in order to tackle the export of pirated discs.

11. MPA was instrumental in bringing two sniffer dogs to Malaysia in 2007 to help MDTCA officials detect hidden optical discs and replicating machines.  The resulting seizure of more than 1.6 million discs received extensive publicity, and has convinced MDTCA to establish a permanent canine enforcement unit.

12. In early 2007 Prime Minister Abdullah announced the development of a national IP policy that had as its centerpiece the allocation of RM 5 billion (USD 1.55 billion) to promote IP protection.  The MDTCA solicited suggestions from the private sector on the best uses for the targeted funds, which should begin to be used in early 2008.

IPR-Related Prosecution

13. The first branch of Malaysia's new intellectual property court was launched in Kuala Lumpur in July 2007 (ref 2007 KL 1238). The new court eventually will consist of 15 session courts with criminal jurisdiction, to be located in each of Malaysia's 14 states plus the administrative capital of Putrajaya.  Six high courts, holding both civil and appellate jurisdiction, will be established in Kuala Lumpur, Selangor, Johor, Perak, Sabah and Sarawak. Allaying the concerns of local IP lawyers, the court is organized to operate independently of the rest of the court system, with both judges and prosecutors assigned exclusively to the IP courts. Although the government had hoped that most of the new IP court branches would be open by the end of 2007, it appears more likely that such a goal will not be achieved until late 2008.

14. The MDTCA has taken steps to improve the ability of its enforcement officers to handle complex evidence in order to build strong criminal cases against IP pirates. Local industry associations have provided a large amount of this training.

U.S.-Malaysia IPR Cooperation

15. In 2007 the U.S. government continued close cooperation with the Malaysian government to promote increased IPR protection.  Nineteen Malaysian officials attended 10 USG-funded IP training programs that were offered in 2007 by the U.S Patent and Trademark Office (USPTO). Among the programs attended by Malaysian officials were USPTO Global Intellectual Property Academy programs on enforcement, patents, and trademarks.

16. In 2007 and early 2008 U.S. and Malaysian officials continued to negotiate the IPR chapter of the proposed U.S.-Malaysia Free Trade Agreement.  These negotiations were an unprecedented opportunity for both sides to learn the details about each other's enforcement regimes, and to discuss ways in which such enforcement could be strengthened.

Malaysia's International IP Obligations

17. Following accession to the Patent Cooperation Treaty in 2006, Malaysia has made progress towards ratifying more multilateral IP treaties. Malaysian government officials hope to secure parliamentary ratification of Malaysia's accession to the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty by the end of 2008.  Over the medium term, the GOM also foresees Malaysian accession to several other IP treaties, including the Convention Relating to the Distribution of Program-Carrying Signals Transmitted by Satellite; the Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks; the Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure; and the Trademark Law Treaty.  Malaysia has not committed yet to joining the International Convention for the Protection of New Varieties of Plants (aka the UPOV Convention), preferring to wait until it can evaluate the effect of its newly-implemented domestic plant protection legislation.

18. In April 2007 the Ministry of Health announced that the government would implement a legal framework to protect pharmaceutical data in order to meet the data protection obligations under TRIPS Article 39.3.  The announcement indicated that such protection would be extended for 5 years for new products, and 3 years for new indications of existing products.  The time period in both cases would begin from the date that such protection was extended in the product's country of origin.  As of early 2008 the Ministry of Health continues to deliberate (including consultations with multinational pharmaceutical companies and other stakeholders) before finalizing its policy.  Extensive discussions of the issue have taken place at each round of the U.S.-Malaysia FTA negotiations.

Recommendation:  Malaysia Should Remain on Watch List

19. The Malaysian government's record in 2007 showed a solid commitment to strengthening IPR protection.  In addition to devoting more resources to the single largest IPR problem - optical disc media piracy - government officials are also paying increasing attention to newer problems such as Internet downloads of pirated material.  U.S.-Malaysia FTA negotiations continue to provide a forum to discuss best practices across the range of IPR issues related to both enforcement and policy, fostering an ongoing dialogue among experts from both governments that will provide further dividends in the future.  Malaysia's intention to join the WIPO treaties this year, and its growing commitment to implement data protection in some form, show the importance to the government of strengthened multilateral IP protection.

20. Despite the many positive trends, however, industry estimates on current IPR piracy levels indicate that it remains a serious problem. Piracy will require sustained government attention in many areas for the foreseeable future, and improved government attention in some areas that are currently deficient.  Embassy therefore recommends that Malaysia remain on the Special 301 Watch List.

KEITH (February 2008)

 

WIKILEAKS: ABDULLAH CALLS FOR SNAP ELECTIONS; A PRIMER FOR THE POLLS

Posted: 23 Oct 2011 01:00 AM PDT

While most opposition leaders are optimistic of some level of success compared to the 11th General Election, few are confident enough to predict the opposition's ability to break the National Front's two-thirds majority in Parliament. In fact, the opposition parties would need a 400 percent increase in parliamentary seats to capture the 75 seats necessary to break the National Front's super majority in parliament-- a feat no observers deem possible in the current political climate. 

THE CORRIDORS OF POWER

Raja Petra Kamarudin

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

1.   (C) Summary:  Prime Minister Abdullah Badawi announced the dissolution of Malaysia's Parliament on February 13 and called for snap elections, a fully expected move, but one that came a year before elections were required under the constitution.  Malaysia's Election Commission (EC) will announce on February 14 the nomination and polling dates. This year's polling date could be set as early as March 1, a mere 17 days from the dissolution of Parliament with a window of only 10 days for active campaigning. 

Approximately 7.6 million voters are expected to cast their ballots, electing all 222 members of Parliament, as well as 505 State Assembly members from 12 of 13 states.  Malaysia's ruling coalition, the National Front (Barisan Nasional or BN), faces a challenge from markedly increased dissatisfaction in Chinese and Indian communities. 

The crown jewel of this election remains the fight for the state of Kelantan, where the National Front and PM Abdullah's United Malays National Organization (UMNO) will try to wrest control from the conservative Islamic Party of Malaysia (PAS).  Anwar Ibrahim's People's Justice Party (PKR) and the Chinese dominated Democratic Action Party (DAP) will focus on the states of Penang, Perak, and Sabah, while PAS will also focus its efforts on regaining lost seats in Terengganu.

Opposition parties are expected to garner some 40 to 45 percent of the popular vote, but actual gained seats may in fact be modest.  Political gerrymandering, control over the mainstream media, and the financial and institutional power of 50 years of incumbency will ensure the National Front's success at the ballot box even in the face of increased opposition votes. 

The significance of the 12th General Election does not rest with the widely anticipated victory of UMNO and the National Front.  Instead, observers will look to the margin of victory as well as the minority vote, factors that have implications for Prime Minister Abdullah's strength as a government and UMNO leader in a second term, and the future viability of Malaysia's inter-ethnic status quo.  In the short-term, however, the National Front's expected triumph will offer more continuity than change to Malaysia. End Summary.

Rapid Timeline for Elections

2.  (SBU) Prime Minister Abdullah Ahmad Badawi announced the dissolution of Parliament on February 13 and officially set the wheels in motion for Malaysia's 12th General Election.

On February 14, the EC will meet to officially set the date for nomination of candidates, the official campaign period, and the nation-wide polling date.  Recent election timelines indicate this year's polling date will likely be set for March 1 or 2, a mere 17 days from the dissolution of Parliament with a window of only 10 days for active campaigning. 

Consistent with previous election tallying, official results are generally known within two to three hours of the polls closing.  The Prime Minister is expected to announce a new Cabinet within one to two weeks following the polls.  There is no official date for the new parliament to sit, but in 2004 the 11th Parliament sat approximately 6 weeks after Election Day.  We expect the 12th Parliament to follow a similar schedule.

The Voters

3.  (U) The EC gazetted the 2007 Master Electoral Roll on February 5, 2008, showing 10,922,139 registered voters.  The 2007 roll is expected to be the final revision prior to the election, and under current law, cannot be challenged after the polls have been held.  Based on past elections, nation-wide voter turn out is expected to hover around 70 percent (or approximately 7.6 million voters), but heavily contested areas in 2004 showed voter turn outs as high as 91 percent in the state of Terengganu.  Of the 10.9 million voters in Malaysia, 84.2 percent reside on the Peninsula, while the other 15.8 percent reside in East Malaysia (broken down by 912,454 voters in Sarawak and 807,862 in Sabah). 

A recent survey by the Election Commission showed that some 80 percent of voters no longer live in the district in which they are registered.  Since only Malaysian students studying abroad, government officials, police and military personnel are authorized to vote via postal or absentee ballot, the nation expects to see large numbers of travelers on or before Election Day.

Who's on the Ballot

4.  (U) As has been the case for four decades, voters will choose only Members of Parliament (Ahli Dewan Rakyat) and State Assembly members.  Senators (Ahli Dewan Negara) are not elected but are appointed and therefore will not stand for office in the general election.  Similarly, Malaysia has not held elections for municipal offices since 1965, and all municipal positions continue to be filled by appointment only. 

All 222 seats of the federal Parliament must stand for election.  An increase in population in the East Malaysian state of Sarawak has prompted the government to enlarge the size of Parliament, and in the 12th General Election, there will be three additional seats proportioned to Sarawak, increasing the size of the Parliament from its current 219 seats to 222 seats.   State Assembly elections will take place in 12 of Malaysia's 13 states.  Only Sarawak's State Assembly is in a different election cycle-- a hold over from Sarawak's later entry into the Federation.

Who Wins?

5.  (SBU) Under Malaysia's "first past the post", or "winner take all system", the top vote getter in each State Assembly or Parliamentary district captures the seat.  There is no run-off system to limit the field nor is there a requirement to win an absolute majority.  Under these conditions, the National Front coalition chooses only one candidate from among its 14 component parties to stand for each seat. 

In general practice the opposition parties attempt to compromise on seat allocations and run only one opposition candidate in each district.  However, because the opposition parties do not always agree on which party would have a better chance against the National Front candidate, there are often instances of three or more candidates vying for the same seat, an event known locally as a "three cornered fight". Such contests generally guarantee the National Front candidate will capture a plurality and win the seat.

National Parliament -- Maintaining 2/3 Majority

6.  (SBU) Of principal concern to the National Front coalition is the ability to control a two-thirds majority in Parliament.  While most ordinary legislation requires only a simple majority to pass, constitutional amendments can be passed, with or without the consent of the King, with a two-thirds majority in Parliament.  This is an important tool of the ruling government as in its short 50 year history, Malaysia's constitution has been amended some 52 times and almost always over the objections of the opposition.

Maintaining a two-thirds majority in Parliament is the highest priority for the National Front coalition.  To maintain its two-thirds majority in the 12th General Election, the National Front will need to win 148 out of 222 seats.  (Note:  In the 2004 (11th General) Election, there were 219 parliamentary seats at stake and the National Front captured 199 of those seats, or 91 percent. End Note.)

Malay Majority Vote

7.  (SBU) The coalition's dominant United Malays National Organization (UMNO) commands significant but not unchallenged support of the country's ethnic Malay majority.  UMNO is highly organized, enjoys vastly superior funding compared with any opposition party, and benefits from 50 years of incumbency as the leader of government. 

The Islamic Party of Malaysia (PAS) poses the largest challenge to UMNO for ethnic Malay votes.  In 2004 UMNO garnered 2.48 million votes to PAS' 1.05 million votes, figures that do not disaggregate ethnic Malay and non-Malay votes or the number of seats contested but nevertheless demonstrate that UMNO clearly is in the driver's seat. 

Malaysia's first past the post system and politically gerrymandered districts further reinforce UMNO's electoral dominance over PAS, in addition to many other factors that favor the incumbent BN.  In 2008, it does not appear that many UMNO parliamentary or state assembly seats are at risk.  UMNO, however, cannot take its position completely for granted and national vote totals mask UMNO's small margin of victory in many contests. 

In 1999, BN candidates (including UMNO) received only 48.5 percent of votes in heavily Malay areas, with BN improving its record to 59 percent in 2004.  In the "Malay Belt" of Perlis, Kedah, Terengganu and Kelatan, PAS took in 56 percent of the votes in 1999, dropping to 45 percent in 2004.

8.  (SBU) Such is UMNO's current confidence that one UMNO vice president recently commented to the press that "we don't need the Indians or the Chinese" to win the election.  Given that in 2004 UMNO garnered roughly a third of the vote, its non-Malay partners took another third, and the opposition accounted for the remaining third, such a statement may not be altogether accurate. 

Since independence, UMNO's critical advantage has been its ability to maintain a solid coalition with ethnic Chinese and also Indian voters.  Nevertheless, in the current Parliament UMNO alone controls 110 of the coalition's 199 total seats, and many seats held by other coalition members were indisputably dominated by Malay voters.  Likewise, in the 11th General Election, UMNO won 302 of the 505 State Assembly seats up for election in 2004. 

The 12th General Election will reflect the same dominating strength of UMNO and the National Front coalition, and it remains very unlikely that the National Front will win any less than 80 percent of the seats in Parliament and maintain control of all the state assemblies except Kelantan. Kelantan will remain the most heavily contested of the Malay majority areas (see below).

Ethnic Chinese

9.  (SBU) One of the National Front's greatest challenges will come from dissatisfied Chinese voters.  With 26 percent of the total population and outright majorities in many urban districts, Malaysia's ethnic Chinese population constitutes a sizable voting block.  For 50 years the Malaysian Chinese Association (MCA) has been the largest ethnic Chinese party in the country and a faithful partner in the National Front coalition. 

Likewise, for nearly 40 years, the People's Movement Party (Gerakan) has attracted a sizable block of Chinese votes for the National Front coalition and held the reins of government in the State of Penang.  However, leadership in both parties have publicly acknowledged growing Chinese voter dissatisfaction in the economic progress of the country and increasing perceptions of ethnic polarization in the country. 

A late December 2007 voter opinion survey by the Merdeka Center indicated that PM Abdullah's approval rating among ethnic Chinese stood at 42 percent, down from 62 percent in late 2006.  Accordingly, both MCA and Gerakan leaders anticipate some loss of support at the polls. Nevertheless, because most Gerakan and MCA leaders are actually elected from districts with an ethnic-Malay majority, even a decline in support at the polls will have very little effect on the leadership of the National Front's largest Chinese parties. 

Years of gerrymandering have created few Chinese majority districts that actually challenge the dominance of the National Front's constituent parties, and while the opposition Democratic Action Party (DAP) stands to gain a few seats in both State Assemblies and in the federal Parliament as a result of this dissatisfaction, DAP's potential gains will not be significant enough to materially change the make up of government, either locally or nationally.

Ethnic Indians

10.  (SBU) Although Malaysia's ethnic Indian community constitutes less than 8 percent of the population and is thus less influential than the Chinese minority, the National Front's Malaysian Indian Congress (MIC) also faces significant voter dissatisfaction, and internal divisions threaten the unity of the once fiercely loyal coalition partner.  Following a year of highly publicized and emotionally charged issues surrounding the razing of Hindu temples and various court cases seen to be dragging Hindu families into Sharia courts, Indian dissatisfaction with the government pinnacled with a mass street demonstration on November 25 (ref A). 

A recent public opinion poll conducted by the Merdeka Center noted a dramatic 41 percent decline in Prime Minister Abdullah's approval rate among Malaysia's ethnic Indians following the Hindraf rally of November 25 (ref A), leaving only 38 percent of ethnic Indians approving of Abdullah's performance.  Voices within MIC have called for the party's president, Works Minister Samy Vellu, to step aside and end his 29 year grasp on the party.  Samy has refused to step down, but voter dissatisfaction within the Indian community assures greater sympathy for opposition parties than ever before. 

Just as most Chinese leaders are elected from Malay-majority districts, Samy Vellu also holds his parliamentary seat from a Malay dominated district, and under the BN banner his election is all but guaranteed and no significant changes in MIC leadership are expected as a result of the general election.  Nevertheless, MIC faces a near certain loss of votes and such a weakened state could affect the outcome in closely contested districts where previous BN incumbents won with a less than 5 percent margin.

Battle for Kelantan

11.  (SBU) In the 2004 elections, Malaysia's ruling National Front won or controlled an overwhelming majority in 12 of the 13 State Assembly elections winning a total of 453 of the 505 State Assembly seats contested.  (The National Front also won a dominant majority in the 14th state, Sarawak, in 2006). Only the State of Kelantan elected a non-BN state government.

In fact, the conservative Islamic Party of Malaysia (PAS) has controlled the State Assembly in Kelantan for 39 of the last 50 years.  In this the 12th General Election, PAS once again presents the strongest challenge in Kelantan to a nation-wide dominance by the ruling National Front coalition.

National Front efforts to wrest Kelantan away from PAS have intensified over the past year with the announcement of new development projects, the establishment of the Northern Economic Corridor, and promises of new mosques to be built if the Kelantanese will elect a BN government. 

The Kelantan State Assembly currently consists of 23 PAS assembly members and 22 National Front members.  The mere "one seat" majority has led National Front political leaders to conclude that this is the coalition's best opportunity to win back the state, and Prime Minister Abdullah's political machinery has promised to focus great efforts on capturing the state.

Senior BN politicians from around the country have begun unofficial campaign stops in Kelantan over the past few months, and BN's political machinery is in high gear to win the hearts and minds of Malaysia's most opposition-minded state.  Nevertheless, PAS spiritual leader Nik Abdul Aziz bin Nik Mat remains highly popular in Kelantan and has committed to seeking reelection to the State Assembly and another term as Chief Minister of Kelantan.  Kelantan is definitely the state to watch.

Other States to Watch

12.  (SBU) Among the other states to watch in the 12th General Election are Penang, Perak, Terengganu and Sabah. These states represent traditional areas of support for opposition candidates and here the opposition parties stand to make their biggest gains.  Chinese discontent mentioned above poses the biggest threat to the National Front's People's Movement Party (Gerakan) in Penang.  Gerakan has held the Chief Minister office and controlled the State Assembly as the leading National Front party in Penang since 1969.  Most significant in Penang will be the results of the State Assembly elections. 

In 2004 the National Front won 38 of 40 state seats, but only 8 of 13 parliamentary seats. Both DAP and PKR are heavily targeting Penang to try to increase the number of opposition members in the State Assembly, with DAP targeting the Chinese majority seats and PKR targeting the Malay majority seats.  Similarly, Perak and Terengganu represent areas where opposition parties have historically captured higher numbers of state seats and are generally more receptive to opposition candidates for state and parliamentary seats. 

Sabah was under opposition control from 1985 to 1994, and Anwar Ibrahim's People's Justice Party (PKR) believes that many Sabahans would prefer to vote in another opposition government if given a viable chance. Accordingly, PKR has actively sought a foothold in the East Malaysian state, and while PKR's chance of winning a significant number of seats is doubtful, Sabah promises to be a point of focus for PKR.  Sabah yielded neither state nor parliamentary seats to the opposition in 2004, so any gain is progress for the opposition.

The Anwar Factor and PKR

13.  (SBU) Former Deputy Prime Minister Anwar Ibrahim's ouster from power in 1998 and his 1999 conviction on politicized corruption charges spurred the "reformasi" movement that eventually saw his People's Justice Party (PKR or KeADILan) win five parliamentary seats in the 1999 general elections.  As time passed and with Anwar still in prison, the party's popularity waned and only Anwar's wife, Wan Azizah Wan Ismail, was able to hold on to her parliamentary seat in the 11th General Election in 2004, and then only by a 500 vote margin. 

Anwar was released from prison in September 2004 and acquitted of the alleged sodomy charge, but federal election law excluded him from seeking political office for five years from the completion of his sentence for a previous conviction on corruption, thus dating back to April 2003. Accordingly, Anwar's exclusion period is set to end in April 2008, and it has long been held that Prime Minister Abdullah would call the elections prior to Anwar's eligibility to seek office. 

While on a larger scale Anwar and PKR pose little threat to the UMNO and National Front political machinery, most UMNO politicians see Anwar as a threat to the political status quo and as a possible challenge over the long term to the coalition's two-thirds majority in Parliament.  Long held animosities towards Anwar, fomented by Malaysia's last Prime Minister, Mahathir Mohamad, and seconded by the national media, have remained a dominate force within UMNO, and there is no doubt that Anwar's eligibility influenced the date of the 12th General Election.

14.  (SBU) The 12th General Election is, for all intents and purposes, Anwar's first test in national politics since his expulsion from UMNO and his release from prison.  Despite his ineligibility to run for office, Anwar has proven he can draw sizable crowds to political rallies as well as to the polls.

In the Ijok by-election of 2007 (ref B), Anwar proved that even against a well-oiled and heavily financed National Front campaign, he could attract a crowd and win some 40 percent of the popular vote for his PKR candidate.  Nevertheless, in

2004 nearly 40 percent of the votes nation-wide went to the opposition without Anwar's assistance, so it remains unclear if Anwar will play a significant drawing-factor in the upcoming election. 

Anwar's near constant attacks on the country's BN leadership over corruption, judicial appointments and democratic reform have resonated in many quarters and promise to garner attention during the campaign phase of the election.  Still, Anwar and PKR are basically starting from scratch as PKR won no state assembly seats in 2004 and only one parliamentary seat.  2008 will prove whether Anwar can remain relevant in Malaysian politics and whether PKR will go extinct.

Opposition Solidarity and Coordination

15.  (SBU) Despite Anwar's lingering ineligibility, his party, PKR, has worked closely with Malaysia's other two opposition parties, PAS and DAP, to coordinate an election strategy in which only one opposition candidate will face any single National Front candidate.  The opposition parties have recognized that their only chance for success in the 12th General Election is by avoiding "three cornered fights".

Although this cooperation is less formal than the "Alternative Front" coalition which the opposition parties entered into in 1999, the basic tenet remains the same-- unseat as many National Front candidates as is possible under the current electoral system. 

While most opposition leaders are optimistic of some level of success compared to the 11th General Election, few are confident enough to predict the opposition's ability to break the National Front's two-thirds majority in Parliament.  In fact, the opposition parties would need a 400 percent increase in parliamentary seats to capture the 75 seats necessary to break the National Front's super majority in parliament-- a feat no observers deem possible in the current political climate. 

The last and only time the opposition broke the two-thirds majority was in the 3rd General Election of 1969-- the election that precipitated Malaysia's worst racial violence in its short history.  In that year the opposition won an outright majority of the popular vote (50.7 percent), but still captured only 34 percent of the seats in Parliament.  In 1990 the opposition captured 46.6 percent of the popular vote but only 29 percent of the seats in Parliament.  Malaysia's electoral system simply is not designed to allow the ruling coalition to lose control of the government.

Comment

16.  (C) Beyond the National Front's appeal to voters, political gerrymandering, control over the mainstream media, and the financial and institutional power of 50 years of incumbency will ensure the National Front's success at the ballot box even in the face of increased opposition votes.

Although Malay urbanization is slowly changing historical inequities, Malaysia's disproportionate allocation of parliamentary seats favors Malay majority regions with more parliamentary seats in the rural areas than minority dominated urban areas.  Coupled with its first-past-the-post electoral system, these political machinations create an electoral environment in which it is possible that, as shown in the 11th General Election, the opposition can win almost 40 percent of the popular vote nation-wide and still win less than 10 percent of the total seats in parliament.

17.  (C) The significance of the 12th General Election does not rest with the widely anticipated victory of UMNO and the National Front, but its implications for Prime Minister Abdullah's strength as a government and UMNO party leader in a second term, and the future viability of Malaysia's inter-ethnic status quo.  The national election results set the stage for UMNO's critical internal party elections, which could be held in the last quarter of 2008. 

While some slippage of BN's margins is widely expected, the greater the opposition gains the more criticism and challenge Abdullah will face from within UMNO.  An embattled Prime Minister, or one perceived as having only tepid support, will have a more difficult time pushing reforms or significant new policies.

The results of the state election in Kelantan could prove a boost to Abdullah if UMNO is able to wrest the state away from PAS.  Such a win would represent the first time since 1994 that the National Front would control all 14 state governments -- a tangible measure of success for Abdullah.

18.  (C) The national election also will be significant for the signals it sends as to the future viability of the National Front's multi-racial alliance and the country's long heralded "social contract," given that Chinese and Indian discontent appears to have reached a high water mark, unseen since 1969.  If such fractures widen over the longer-term, they will threaten the country's status quo politics, and force Malaysian politicians to reexamine seriously the political formula that has been in place since independence.

In the short term, however, the National Front's expected triumph will offer more continuity than change to Malaysia.

KEITH (February 2008)

 

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