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Testing Malaysia's Promises

JANUARY 12, 2012, WSJ, JOHN R. MALOTT

If electoral reforms don't happen soon, the post-acquittal joy may quickly sour.

The not guilty verdict handed down last Monday in the sodomy trial of Malaysian opposition leader Anwar Ibrahim made both sides, Prime Minister Najib Razak and the opposition, happy. Mr. Najib gets an immediate political boost by claiming a victory for the rule of law and an independent judiciary, while Mr. Anwar can focus on the election ahead. This good feeling, however, is likely to be short-lived. Serious challenges lie ahead.

The first test of the post-verdict era will be whether the government chooses to appeal the acquittal. Defense experts successfully demolished the government's DNA evidence, but the judge said during the trial that Mr. Anwar's accuser was credible and reliable. With parliamentary elections looming, the government might conclude that forcing Mr. Anwar back into the courtroom will distract and pull him away from the campaign trail. On the other hand, an appeal would be polarizing and cost the government the support of centrists and independents.

The second test will be whether the government implements key electoral reforms before elections are held. Mr. Najib's government cracked down in July on Bersih 2.0, a coalition of organizations calling for free and fair elections. This demonstrated the ruling party's fear that genuinely fair elections could cause them to lose power for the first time since 1957. However, after strong domestic and international criticism of its heavy-handed treatment of the marchers, the government backtracked and created a select parliamentary committee to propose election reforms. Among the proposals are using indelible ink to prevent voter fraud and allowing the opposition to have access to government-owned television and radio, which now act as propaganda outlets for the ruling United Malays National Organization (UMNO).

The trouble is that so far, none of the proposals have been carried out. The only thing worthy of note is a court decision earlier this month ruling that the one million Malaysians who reside overseas have no right to vote. Expatriate Malaysians, it should be noted, are generally believed to lean toward the opposition.

If UMNO fumbles electoral reform and squanders its newly earned goodwill, the opposition will get stronger. The growing pains and ideological differences that plagued the opposition coalition in years past have largely been overcome, and Mr. Anwar and his political associates express confidence that they could take power in a fair contest.

In contrast, Mr. Najib faces a constant uphill battle. Many of the economic and political reforms that he proposed were not implemented because of right-wing opposition from inside his party. He is regularly undercut in public by criticism from Malaysia's very vocal former Prime Minister Mahathir Mohamad, and in private by some of his most senior cabinet officers.

The public sees corruption on the rise and feels that UMNO supporters increasingly believe making money from government contracts is business as usual. Many Malaysians now use the word "kleptocracy" to describe their ruling class. This perception further undermines Mr. Najib's calls for reform, making it seem as if no UMNO leader wants to crack down on this abuse, given its importance to maintaining the support of their political base. This perception is compounded by the fact that Mr. Najib has remained largely silent on the latest scandal, in which one cabinet minister's family allegedly used public funds, targeted to increase cattle production, to buy luxury condominiums in Kuala Lumpur and Singapore.

These weaknesses compound UMNO's fear of losing power and increase the risk of over-reaction. The party will not go down without a fight, and neither will its supporters in the bureaucracy, media, and business worlds, who fear losing access to the financial gravy train. Because of the high stakes, those who benefit from corruption will make an all-out effort to keep the opposition from coming to power. A return to Mahathir-style strong-arm tactics should not be ruled out.

All this will make the coming election the most important in Malaysia's history—and also its dirtiest. The international community needs to pay attention and hold Mr. Najib to his promise of political and electoral reform. Mr. Anwar's acquittal is only the beginning of the country's fight against political abuse and corruption.

Mr. Malott was the U.S. ambassador to Malaysia from 1995-98.

 

Why this Kolaveri Jeeb...
 
Malaysia Election Around the Corner?
 
Thursday, 12 January 2012 Asia Sentinel
 

 

Image
Najib and Anwar in happier times

With Sodomy II out of the way, looks forward to March polls -- maybe

With the Sodomy II trial of opposition leader Anwar Ibrahim now out of the way, it is probably time to start thinking seriously about Malaysia's 13th general election, which most observers -- but not all -- believe will be called in March, during school holidays when the classrooms are empty.

Despite euphoria on the part of the three-party opposition coalition, the end of the trial doesn't mean that Anwar's troubles are over. One political observer in Kuala Lumpur told Asia Sentinel that the United Malays National Organization, the lead party in the ruling national coalition, will probably do its best to discredit him in other ways.

Despite being declared not guilty, the image of the opposition leader as a sexual deviant has probably been planted in a lot of Malaysian minds. Mohd Saiful Bukhairy Aznam, Anwar's accuser, appears to have no intention of going away. He has asked the attorney general to appeal the acquittal and is tweeting and texting his outrage and innocence to anyone who will read them. UMNO could well put him on the trail to demand denied justice at every campaign stop.

However, UMNO and Prime Minister Najib Tun Razak carry plenty of baggage of their own. A long series of scandals within the party bear the hallmarks of being pushed by various Umno factions to cripple each other. That isn’t to say the snap poll won’t come off. But there are headwinds. The party held its annual general assembly in December and was expected to come out fighting. There was plenty of harsh rhetoric that made it sound as if Umno is besieged on all sides by threatening foes from both inside and outside the country – particularly from Christians, particularly Chinese ones.

Najib himself concluded the conclave by pounding the war drums in stark terms, outlining a dark future if the opposition were to win, saying that: “This is the fate that will befall us if Umno loses power. Who will uphold the symbol of Islam? Who is capable of protecting the rights and agenda of the Malays? Who will continue to honour our Malay rulers?”

Massive scandal derails party conclave

Almost simultaneously with the annual general assembly, however, UMNO found itself in a massive scandal involving the family of Shahrizat Abdul Jalil, the head of Wanita Umno, the women’s wing of the party and minister for Women, Welfare and Community Development. It has been impossible to wish the scandal away as a ploy by the opposition because it was exposed in September by Malaysia’s Auditor General.

As some observers have pointed out, it is also damaging because it involves agriculture, and particularly cattle – something Umno’s rural constituency can understand in all of its ominous implications. The matter involves the National Feedlot Corporation, which was given RM250 million (US80 million) in a government soft loan and was established to slaughter as many as 60,000 cattle a year by halal, or religiously accepted, methods. However, NFC has never slaughtered 10 percent of the projected total and has since scaled back its target to 8,000 head but hasn’t been able to meet that target either. The agreement to establish the company, made when Abdullah Ahmad Badawi was prime minister, was okayed by Muhyiddin Yassin, the agriculture minister at the time and now the deputy prime minister.

None of Shahrizat's family had any experience in cattle production or beef supply prior to the establishment of the company. It appears that much of the money—as much as RM131 million -- was poured into things that had nothing to do with feeding cattle but instead into cars, condos and travel, among other things.

The matter has been seized upon with a good deal of glee by the opposition. One Malay businessman source said “there may be other revelations as to how the money for cattle was used which may implicate the number 2 guy.” That is Muhyiddin Yassin, the deputy prime minister. “This thing has been a lifeline for the opposition who are sitting on a thumb drive full of info which they are revealing in bits and pieces,” he said.

Intermixed with this are reports that both Muhyiddin’s and Najib’s private secretaries have been accepting funds of at least RM10,000 per month from private parties for reasons that are unclear. The allegations against each – complete with pictures of checks -- are suspected of having been leaked by the Muhyiddin and Najib factions against each other. There reportedly is yet another massive scandal waiting in the wings, involving hundreds of millions of dollars in connection with the Iskandar project in Johor across the strait from Singapore. Documents have been made available to the Malaysian Anti-Corruption Commission that are said to implicate former lieutenants of former Prime Minister Abdullah Ahmad Badawi.

Some sources have said the Shahrizat matter and shortcomings by other ministers argues for a cabinet reshuffle prior to any election. Certainly, Shahrizat is expected to be dropped as a candidate in the next election, whenever it is to be held, and that probably her husband will be charged at some point.

The allegations of corruption have cost the country four places in Transparency International’s Corruption Perceptions Index, dropping it to a still relatively respectable 60th. But it is the third straight year the country has slipped in the perceptions index – all three of them occurring on Najib’s watch. Although the mainstream media, all of which are owned by the component parties of the Barisan have tended to downplay the corruption reports, it is estimated that 41 percent of Malaysians now have access to the Internet – and a huge flock of opposition bloggers and websites, some of which, such as Malaysian Insider and Malaysiakini, are very professionally produced, and which pull no punches on reporting corruption and government mismanagement.

Part of the problem for Umno, a party source says, is getting divisional warlords to make way for winnable candidates in races that have become competitive now that the opposition Pakatan Rakyat coalition has become a genuine movement rather than a ragtag group of parties cobbled together by Anwar. These are old hands that refuse to give away to younger, more attractive and educated candidates.

It is a longstanding problem borne out by the fact that Rais Yatim, the information minister and an Umno Supreme Council member, said after the December conclave that those not selected must refrain from sabotaging the party. It is significant enough that the Mahathir wing of the party is contemplating demanding that party members sign a loyalty oath. A Penang district member, Musa Sheikh Fadzir, proposed the establishment of a General Election Disciplinary Committee to take action against those who go against the party in the upcoming polls.

Added to this are concerns that the party isn’t appealing strongly enough to young, urban Malays, turned off by infighting and corruption, who have been drifting towards Parti Islam se-Malaysia, or PAS, which has rebranded itself as a secular party, and to a lesser extent to Anwar’s Parti Keadilan Rakyat.

According to the Neilsen rating agency, Malaysia’s highest Internet usage is recorded among the young -- people aged 20-24: 57 percent use the Internet regularly, spending an average of 22.3 hours online per week. Despite considerable publicity in recent weeks over a demand that the party return to its Islamic roots by former executive committee member Hasan Ali and his confederate, Nasharudin Mat Isa, a former PAS deputy president who was supplanted by the new moderate team, other sources say the party remains perhaps the most disciplined in the three-party opposition.

The biggest of the three opposition parties, it is continuing to work to appeal to urban voters. It is a dramatic illustration of the change in Malaysian society. According to the CIA World Factbook, 72 percent of the country’s 28.7 million people are now living in cities. Although Malays make up the preponderance of the other 28 percent, the rural roots of both Umno and PAS are vanishing – at an annual rate of 2.4 percent. Agriculture now comprises only 13 percent of the workforce, with industry, 36 percent, and services, 51 percent, making up the rest.

As evidence of the racial divisions in the country, a poll by the Merdeka Centre taken last year said 61 percent of ethnic Malays believe the country is going in the right direction as opposed to only 31 percent of Chinese. Ethnic Indian approval of the way the country is going, at a high of 66 percent, has fallen dramatically as well, to 39 percent despite Najib’s assiduous efforts to woo Indians back to the fold.

Najib, Rais Yatim and others have pointed to the decision to acquit Anwar as evidence of the Malaysian judiciary's independence, which is probably stretching the truth considerably. However, Umno and its leaders have been touting reforms of the hated colonial-era Internal Security Act, which allows for the indeterminate jailing of anyone the attorney general considers to be subversive, amendments to the Printing Presses and Publications Act and election law cleanup as well as other liberalizations as a step towards a new Malaysia.

Opponents regard these changes as cosmetic. The ISA is likely to be replaced by something akin to the Patriot Act, which was jammed through a panicked US Congress in the wake of the 9/11 attacks on the World Trade Centre in New York and the Pentagon in Washington, DC.

The government appears to have shot itself in the foot with the passage by the Dewan Rakyat, or parliament, of a Peaceful Assembly Act that opposition lawmakers, human rights activists and the country’s lawyers say was about as bad as the law it replaces as it bans street demonstrations and requires assemblies, meetings and processions to be held only on designated compounds.

Whatever strength Najib has within Umno and whatever hold Umno has on the ethnic Malay electorate, the Barisan Nasional appears almost certain to have to simply write off the Chinese vote, and perhaps an unknown portion of the urban Malay and Indian vote as well. According to one analysis, overall 50 percent of parliamentary seats are Malay majority, 25 percent are Chinese majority and mixed seats i.e. seats in which no ethnic group has a majority, 25 percent are from the east Malaysia states of Sabah and Sarawak. To win Putrajaya, either the Barisan or Pakatan Rakyat must secure at least half of Malay majority seats -- 25 percent of the total parliamentary seats. For the Barisan, the winning formula is: 25 percent Malay majority seats, 5 percent Chinese or mixed seats and 20 percent from Sabah and Sarawak. For Pakatan, the winning formula is: 25 percent Malay majority seats, 20 percent Chinese or mixed seats and 5 percent from Sabah and Sarawak.

The other Barisan component parties are in considerably worse shape than Umno. The nearly moribund Malaysian Chinese Association is enmeshed in a scandal over the development of the Port Klang multimodal port facility, which we have alluded to before and which has the potential to cost the country RM13 billion if all loan commitments are to be met. There is also hand-to-hand combat among leadership factions. In addition Chua Soi Lek, the head of the party, has been repeatedly taken to task by Malay supremacists such as Ibrahim Ali and his NGO Perkasa, which has the tacit backing of former Prime Minister Mahathir Mohamad, further disenchanting ethnic Chinese, who make up 23.7 percent of the population. They appear to have abandoned the party wholesale.

Although East Malaysia appears solidly in the Barisan camp, if the state election held in Sarawak held on April 16 is any harbinger, the results indicate a clear abandonment of the Barisan by Chinese voters. The Chinese-based opposition Democratic Action Party won 12 of the 15 seats it contested, doubling its share of seats in Sarawak since the 2006 state elections. Parti Keadilan Rakyat, led by opposition leader Anwar Ibrahim, won three seats, including a rural one.

Thus the outcome appears to depend on how much PAS, having abandoned its Islamic goals, can make inroads among the Malay population, and particularly the urban Malay population. That 72 percent urban preponderance starts to look interesting indeed.

Thus the most likely scenario is a Barisan win, but the historic two-thirds majority in parliament, which allowed the Barisan to dictate the country’s political and governmental agenda, is likely gone for good.

That doesn’t mean the opposition is faring much better. Pakatan Rakyat coalition continues to be beset with defections and arguments between the three component parties.

One of the things militating for an early election is increasingly dour economic forecasts. Second-half gross domestic product growth edged lower to 4.0 percent year-on-year as domestic demand weakened. By sector, according to the Malaysia Economic Institute of Research, services (6.3 percent growth) and manufacturing (2.1 percent) were the main growth engines. MEIR expects growth momentum to moderate as exports weaken on lacklustre performance by its main export partners, principally the United States. For 2012, MIER has revised its GDP growth forecast downward to 5.0 percent. Other research analysts, more pessimistic, put growth at 4.4 percent.

Although inflation seems relatively tame at a forecast 3 percent, Malaysia’s tripartite growth model, two segments of which are manufacturing and commodities and both directed for export, will be hit by what appears to be an almost certain 2012 economic downturn in Europe and sub-par growth in the United States barring some miracle. That leaves just fiscal pump-priming and the public sector economy to maintain growth. Federal government net borrowing is forecast at RM45.1 billion for the full year of 2011 and RM43.6 billion in 2012. Najib has produced an election budget with some goodies for everybody, but particularly the country’s ethnic Malays, including 1.3 million civil servants, one of the highest civil servants-to-population ratios in the world – the preponderance of them ethnic Malays. Civil servants will be offered tuition assistance for part-time studies

Other goodies include abolishment of payments for primary and secondary education, a “commercialisation innovation fund” to help out SMEs, a RM2 billion “shariah-compliant” financing fund for SMEs to be managed by selected Islamic banks – another bone thrown to Malay businessmen – as well as a review of capital gains taxes on property to stabilise the property market.

Najib and his troops have been hitting the campaign trail assiduously. But whether that means an election is imminent remains to be seen. Mahathir, the party’s stormy petrel, counsels waiting until all of the ducks are lined up. But he also counsels that the Barisan keep up the pressure to make the opposition believe the national polls could happen sooner – forcing them to spend money, time and energy to try to keep up with the government parties.

'Malaysia’s biggest challenge is democracy'

Published: Saturday, Jan 14, 2012, 11:00 IST
By Shubhangi Khapre | Place: Mumbai | Agency: DNA

On January 9, former deputy prime minister of Malaysia, Anwar Ibrahim was acquitted of charges of sodomy after a two and half year court trial. In 2008, going to prison for sodomy sealed his political career at a time when he was a front runner for the seat of prime minister.

After a relentless battle against his political rivals at home, Ibrahim has now embarked on a mission to bring about democratic reforms in Malaysia.

As the leader of the opposition he is steering Parti Keadilan Rakayat (PKR) against the ruling coalition, United Malays National Organisation (UMNO), headed by prime minister Najib Tun Razak.

During his one-day visit to Mumbai (India) he speaks about the ordeal of being charged for sexual harassment, along with the serious economic crisis and authoritarian government in Malaysia. Excerpts of the interview with Shubhangi Khapre.

Why were you sceptical about getting a fair trial?
My apprehensions about getting a fair trial were based on the fact that I was framed on flimsy charges without any evidence and I was punished. The prime minister Najib (Tun Razak) had personally met the complainant. The case was being tried by a single judge and anybody who dares to stand as a witness was being intimidated by police. The prosecutor was not being allowed any access to the medical report of the doctors of the complainant. There was no way to corroborate what was being presented to the court was correct or not. My defence was kept in dark.

At the end, the courts pronounced you not guilty. Is this a sign of judiciary moving towards reforms independent of government pressure?
One swallow does not make a spring. I am not sure if this can be construed as a move towards reforms in judicial system as yet. I am not sure. All I can state is that the court had to give this verdict because of international defence expert who demolished the evidence produced in the court.

The DNA submitted by the prosecution was unreliable. The going for the government was getting tough because of public opinion against the trial where it was clear that I was being wrongly accused out of political vengeance. The international pressure might have forced the government to rethink it's decision.

Can you throw some light on the time between 2008 and 2012 when you underwent trial?
I sarcastically told some of my close friends how much the government 'cared for me' during the trial. They deployed the senior inspector general of police to physically torture me in prison. At least they cared about the stature. The job was not left to ordinary police constables. What could I have expected of them? Whether it was media, judiciary, police or politicians everybody was under government control. Can you imagine how this whole ordeal must have affected my wife and children? The charges tarnished my image internationally. The government-controlled media wrote malicious reports about me and my family. In one report they even questioned as to why my wife (Dr Wan Azizah) was not seeking a divorce. Throughout the trial I was being maligned. Sometimes people say I have a Hindu agenda, and other times they call me a Christian agent. My views on reforms are construed as anti-Islam. I have always been an advocate for multi-culture and multi-ethnicity. I went through terrible agony as my honour and self-respect were targetted.

Why do you think you were framed?
During Prime Minister Mohammad bin Mahathir's term, I had questioned the corruption in the government.

As the deputy prime minister I had tabled an anti-corruption bill in the parliament which was not appreciated. There was a lot of resentment as cabinet colleagues did not approve of the bill.

Mahathir and others were afraid of being penalised for wrong doings. The proposed bill had provisions that allowed for probe and punishment to anyone found guilty even ten years after quitting the highest office of the prime minister or of a cabinet minister.

The bill would have ushered in a change in the entire system, including the police, judges and politicians. Today everything is being traded for holding on to power.

Earlier, as the finance minister I was expected to give a 700-million-dollar bail out package for a company associated with Mahathir’s son. I turned down the decision. Since then my relations with Mahathir were tense. I was sacked. And the opposition has stayed on with present government being headed by Najib.

Ahead of the 2013 elections what are the challenges?
Malaysia, I feel, is living in a state of denial. We are failing to see where the world is going. It is time we decided whether we want a democracy or a dictatorial regime which is taking our nation backwards. There are Muslim countries that have taken to democracy. Are we going to take the example of progressive Turkey or repressive Burma and Zimbabwe. The people of Malaysia want reform and a promise of better life.

Are you anticipating early polls?
Elections can take place any time between March and September (2013). The biggest challenge for my country is to fight corruption, which has become an epidemic, and undertake major reforms for democracy. We all look up to India which is the second largest populated country practicing democracy. People in Malaysia want change.

Reforms in political system, are we talking of inching towards democracy?
Reforms are possible if free and fair elections are allowed in Malaysia. Do you know that the leader of opposition is not allowed even a single minute on the government-controlled television?

In the backdrop of global recession, how is Malaysia faring?

Global recession has certainly affected Malaysia, which has lead to export of petroleum and palm oil to America, China and India.

There is a problem of wasteful expenditure in the government which needs to be curbed. The GDP growth during my tenure as finance minister was 9 to 10%. However, since 1998, it showed a decline. It has come down to 6.7% at present.

You had proposed reforms in the economic policy which was dismissed as anti-Malay? Do you still support that idea?
I was in favour of dismantling the National Economic Policy (NEP) which gave preferential treatment to the Malays over the ethnic Chinese and Indians in education, housing and employment. I must explain I am not against Malays. In 1971, I had strongly supported the policy whose objective was to provide better economic conditions and education for Malays that were poor. However, after 40 years I think it is pointless to continue the policy as the funds are being diverted to the rich and powerful and not the needy in Malaysia.

Will this economic reform go against you in these elections?
I have always believed in multi-culture and multi-ethnicity. I shall explain to the people how in the name of locals a handful of powerful politicians are misusing their money.

 

 

 
 
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