What Anwar’s Trial Means For Malaysia
July 21, 2010
http://online.wsj.com (July 19, 2010)
What Anwar’s Trial Means For Malaysia
A guilty verdict would be a serious step backwards for this aspiring Muslim democracy.
By John R. Malott*
The trial of Anwar Ibrahim, Malaysia’s opposition leader and his nation’s best-known and most respected international figure, is scheduled to resume this week in Kuala Lumpur.
The Malaysian press dubs the affair “Sodomy II,” for it appears to be a repeat of the Muslim democrat’s 1998-99 trials, when he was convicted on corruption and sexual charges. Sentenced to 15 years in prison, Mr. Anwar later had his conviction overturned, and he was released after six years in solitary confinement.
I was the U.S. ambassador to Malaysia when Mr. Anwar first was arrested and put on trial, and everything I knew then and know now leads me to conclude that this trial also is an attempt to sideline him politically.
Already convicted by the government-controlled media, Mr. Anwar and his defense team have been denied
access to the evidence that the government possesses, including police and medical reports, surveillance tapes, and even the witness list. Malaysia does not have a jury system. The verdict will be rendered by one judge, appointed by the same government that wants to remove Mr. Anwar from the political scene.
While a handful of human rights groups and some Australian parliamentarians have condemned the trial, there has been little interest at the broader international level. The Obama administration has been silent.
When I visited Malaysia last month, it was clear that Mr. Anwar and most observers expect a guilty verdict in August. At that point, the question is whether he remains free on bail during his appeal or is jailed immediately.
A charismatic campaigner, Mr. Anwar led his coalition to near victory in Malaysia’s last parliamentary elections in 2008, when the opposition took 47% of the popular vote and gained 62 seats. The government’s new political game plan seems to be to put Mr. Anwar in jail and the opposition in disarray, call snap elections, and ride to victory.
Today Malaysia gets little attention in the world press. The lingering image is of an Asian economic success story, a moderate Islamic country and aspiring democracy, and a multiracial society in which harmony prevails. Unfortunately, that is not the case today. Malaysia is a nation adrift.
Once one of the world’s dynamos, Malaysia’s economy has underperformed over the past decade, with an average annual growth rate of 4.5%. Much of that growth was the result of government spending, which has pushed Malaysia’s debt level to 54% of GDP. Foreign direct investment (FDI) has remained relatively flat over the past 15 years, while flows into Thailand, Indonesia and Vietnam have soared. To make matters worse, Malaysia experienced a net outflow of $6 billion in FDI capital in 2008.
Malaysia desperately needs to upgrade its skills base and innovation capabilities, but almost 500,000 Malaysians—nearly 2% of the population—left their country for good between 2007 and 2009. Malaysian experts believe most of these émigrés were skilled ethnic Chinese and Indian Malaysians, concerned by economic decline and growing racial and religious tensions.
Worried about losing political support, the ruling party has responded by appealing to the baser instincts of the country’s Malay Muslim majority. For example, it told Malaysia’s Christians that they may no longer use the word “Allah” for God, even though the word existed in Arabic long before Islam arose. A new militant group called Perkasa, which claims that Malay rights are under threat from the Chinese and Indian minorities, has won backing from former Prime Minister Mahathir Mohamad and other members of the ruling party.
For Malaysia and the world, there is more at stake in Mr. Anwar’s trial than whether one person is convicted. Malaysia is at a crossroads. The road that it chooses matters not only for some 30 million Malaysians, but for the entire world. The country could be a model for the 600 million people of Southeast Asia and for the entire Muslim world, if it returns to the promising course it was on 15 years ago. But a guilty verdict for Mr. Anwar means that the corruption and cronyism that now pervade Malaysia, its lack of political freedom and its economic decline, will continue. The country’s non-Malay citizens will continue to seek a better haven overseas.
In 1998, Mr. Anwar said, “If this can happen to me, it can happen to anyone.” That is no less true today. If Mr. Anwar is denied his freedom, then Malaysians will continue to be denied their freedom and the country its promise.
*John R. Malott was the U.S. Ambassador to Malaysia from 1995 to 1998.
So true and so sad. Malaysia can no longer be considered a ‘moderate’ Muslim country nor an enlightened country. The so obvious political manipulation of the Anwar accusations and prosecution has flagged the administration in the eyes of the free world and stagnation sets in.
Recall during the first trial that rumors suggested that Anwar had been inoculated with HIV. It was thought to be both a death sentence and cynical confirmation of the ‘Sodomy 1′ charges. What is amazing is how well and wisely the world reads and interprets what is happening in Kuala Lumpur. World opinion matters and it is foolhardy for Prime Minister Najib to ignore it.
Sodomy 2 is yet another farce. It shows the power of repression and suppression in this once admired nation (prior to Sodomy 1) and now this power is rearing its ugly head again. Anwar Ibrahim will return to his former cell in prison. There is no way the US, short of being labeling as a meddler in the internal affairs of another sovereign country, and Malaysians can stop it from happening. But the consequences could be dire for Malaysia.
Khun Topeng - July 20, 2010 at 3:45 pm
It will really be another sad day for Malaysia Din, when justice and fairplay is put on the backburner simply because the powers-that-be just lust for retention of their power in the country. The end justifies the mean, I guess, even if it means total disregard for justice and human rights; it is a big dent to Malaysia’s reputation in the international community.
Imagine those years before 1988 Judicial Commission Tribunal, Commonwealth students in Law referred to Malaysia as a model country and many of our court cases were cited as precedents, but perhaps now our cases could be referred to as case studies for miscarriage of justice?
If they put Anwar in jail, yes I think they would to save their own skin, then it will be a damage done to the judiciary’s independence and the people’s trust of the system that will take at least another 2 generations before they could be restored, if ever they are restored.
Please Din, pardon me for this one time for use of obscenities but I just need to do it to those bloody fcking SOBs in Putrajaya! Hey guys FCUK U!
__________
Please try to restrain yourself, my friend. Profanities won’t get us very far. Use the ballot box at the appropriate time. Sometimes, it is not the politicians who should be blamed, but overzealous officials and operatives who want to please the top guns. –Din Merican
Sentinel - July 20, 2010 at 3:47 pm
The Obama administration has been silent.
Mr Bean - July 20, 2010 at 8:01 pm
Perhaps they do not want to prejudice efforts being made behind the scene, Ambassador Malott.
Mr Bean - July 20, 2010 at 8:03 pm
“Today Malaysia gets little attention in the world press. The lingering image is of an Asian economic success story, a moderate Islamic country and aspiring democracy, and a multiracial society in which harmony prevails. Unfortunately, that is not the case today. Malaysia is a nation adrift.” Ambassador Malott.
Whenever Malaysia is mentioned in the media over here it is always mentioned in negative terms. Malaysia has been branded a rogue nation by Hollywood – corrupt and ruled by an oppressive regime. Jewish conspiracy or not, it is the truth.
As for the 500,000 Malaysians said to have left its shores over a two-year period to look for greener pastures (I do not pretend to know the source of Ambassador Malott’s figure) one can assume that a sizeable number have made their way to the U.S. Many of these ‘overtays’ have managed to stay out of the court system over here and their precise numbers can never be known. We will have a better idea once the new immigration reforms get passed by the U.S. Congress as many of them will try to seek a legal pathway to citizenship rather than remain in the shadows.
Mr Bean - July 20, 2010 at 8:22 pm
To: Ambassador Malott
What would you have done as the U.S. Ambassador, had Anwar Ibrahim and his family appeared at the gates of the U.S. Embassy in Kuala Lumpur (or perhaps in Bangkok or some other capital of the world) in the early hours of the morning to ask for asylum. What would you have done as ambassador?
The United States as signatory to the 1954 U.N. Convention Relating to the Status of Refugees (and the 1967 Protocol which followed) would have no choice but to allow Anwar Ibrahim and his family protection from persecution. Yes, it is persecution that Anwar Ibrahim and family are fleeing from and not prosecution.
UMNO Youth would have set fire to effigies of you in the streets blaming the United States for its interference in Malaysia’s domestic affairs. Though I doubt if it would have led to a severance of diplomatic relations. But I could be wrong. Malaysia has changed so much during my days as an undergrad demonstrating at the gates of the U.S. Embassy for the country’s involvement in the domestic affairs of sovereign states.
The U.S. Department of State profile report on Malaysia issued every year stops short of describing Malaysia as a state run by an oppressive regime hostile to the principles of democracy – freedom of speech, of assembly and association and religious freedom. The U.S. Department of State says it does this out of respect for the host nation. Maybe so but the U.S. Immigration judges use this Report to decide asylum cases.
There are cases of Malaysian Chinese seeking asylum in countries which are signatories to the 1954 U.N. Convention Relating to the Status of Refugees like Australia. A Chinese Muslim convert, a woman born a Buddhist and never really a practicing Muslim, merely wanted to revert to the religion of her birth so she could marry her husband, was granted asylum in Australia. They could have been mere economic migrants for all we know. But the law is the law.
What would you have you done, Ambassador Malott, had Raja Petra Kamaruddin appeared at the gates of your Embassy seeking asylum from persecution?
Mr Bean - July 20, 2010 at 9:28 pm
There is no Justice in the country. The Bar Council should hang the coats and watch the BN Justice. Whats Obama doing about this situation, instead he can have meeting with Leaders. Justice was be uphold high to develop the country.
Rakyat - July 20, 2010 at 9:32 pm
Power is right. This is the message coming out of Malaysia at this juncture, thanks to the pioneer and exponent of executive power, Tun Dr. Mahathir. Some years ago, he told a gathering where I was present that he needed power to get things done. I did not realise at that time what he meant was power to do things his way or hit the highway. Right or wrong, he sure did it his way and the consequences are for all of us to experience and see.–Din Merican
dinobeano - July 20, 2010 at 9:43 pm
Mr Ambassador Malot
Could you please tell us whether you have an axe to grind with Malaysia that you seem to favor Anwar?.
I dont think DC is interested in Anwar.
Maybe there was an agenda during Al Gore’s time to prop up Anwar.
But now both US and Malaysia are starting afresh with new regimes.
Please let it be.
I am sure you are aware that the average Malay do not really care whether Anwar is innocent or not.
Many are like me who think if he is hauled in court for the second time for the same misbehavior, that means he’s in the wrong.
If he’s acquitted fine, if he’s jail, also fine with us.
Sayang bangsa - July 20, 2010 at 9:49 pm
I am sure you are aware that the average Malay do not really care whether Anwar is innocent or not.
Many are like me who think if he is hauled in court for the second time for the same misbehavior, that means he’s in the wrong.
If he’s acquitted fine, if he’s jail, also fine with us.
Sayang bangsa – July 20, 2010 at 9:49 pm
Is this the level of ignorance we (as in Malaysia)are dealing with?
“If he is hauled for the second time that means he is wrong?”
Ignorance is such a dangerous thing.
Kathy - July 21, 2010 at 9:43 am
Have you read Ambassador Mallotts article? It is actually talking about those like you Sayang Bangsa!
Then again I know what your reply will be I can already hear it. Stay out of our internal domestic affairs,for want of a more intelligent reply.
A ploy to keep people from talking about what actually goes on in Malaysia .
Kathy - July 21, 2010 at 10:56 am
Again Pakcik Din,
I have nothing much to say, but I see a lot of give uppers here in Malaysia. Just a mere 2 years for those who just started to believe after 308 and just a 12 years for those who got enlightened during the reformasi time. It takes number of years and a lot of courageous just to grow your own child until he/she gets his/her first degree. 2 years is nothing, and 12 years also is nothing even until we are all dead is nothing.
Like Mr Kuan Yew says: Have a purpose in life and finish it well.
Read and digest and utilize, don’t just read.
tricycle - July 22, 2010 at 9:14 pm
Dear Sayang Bangsa. This is the Tidak Apa (Care free) attitude that stop us from progressing. Please don’t be so naive. How can I accuse you of anything wrongly twice make you guilty? Please don’t make Sayang Bangsa become Bunuh(Kill) Bangsa(Race).
Dono - July 24, 2010 at 8:34 am