VZCZCXYZ0001
RR RUEHWEB

DE RUEHLO #1746/01 1831317
ZNY CCCCC ZZH
R 011317Z JUL 08
FM AMEMBASSY LONDON
TO RUEHC/SECSTATE WASHDC 9065
INFO RUEHKL/AMEMBASSY KUALA LUMPUR 0182
RUEHNE/AMEMBASSY NEW DELHI 0783

C O N F I D E N T I A L LONDON 001746 
 
NOFORN 
SIPDIS 
 
E.O. 12958: DECL: 06/26/2018 
TAGS: PREL PHUM MY UK
SUBJECT: MALAYSIA'S HINDRAF LEADER SEEKS POLITICAL ASYLUM 
IN BRITAIN 
 
REF: STATE 65565 
 
Classified By: POLITICAL MINISTER COUNSELOR MAURA CONNELLY FOR REASONS 
1.4 (B) and (D) 
 
¶1. (C/NF) Summary: Waytha Moorthy, director of the Hindu 
Rights Action Force (HINDRAF), told us on June 25 that he is 
NOT seeking asylum in the U.S., but is seeking asylum in the 
UK.  He said that his application process is currently 
stalled, however, and he speculated that HMG may not grant 
him asylum so as not to upset the Malaysian government.  He 
also expressed concerns that the Malaysian government 
rescinded his passport in order that he be deported back to 
Malaysia, where he fears arrest.  Moorthy asked whether the 
USG could issue him travel documents to allow him to carry 
out his human rights work in the U.S.  Moorthy also requested 
financial assistance for his human rights work, which, he 
claims, focuses on minority rights for the non-Muslim 
communities in Malaysia.  He said that his work is especially 
important today, as Malaysia increasingly relies on Islamic 
Sharia law either alongside or in place of Malaysian common 
law, and that HINDRAF is the only Malaysian group working to 
combat such changes to the legal system.  End Summary. 
 
¶2. (C/NF) Per Department's request, poloff contacted Waytha 
Moorthy June 20 to deliver reftel points.  In response, 
Moorthy said: 
 
-- HINDRAF as an organization has always been misunderstood. 
It is not an Indian political institution, but a organization 
concerned with the protection of minority rights, as provided 
for by the UN Convention on Minority Rights.  Malaysia itself 
does not understand the concept of minority rights; 
 
-- He has not made a request for political asylum in the 
U.S.; and 
 
-- He had wanted to meet with a U.S. Embassy (Political 
Affairs) representative at Embassy Kuala Lumpur. 
 
June 25 meeting with Moorthy 
---------------------------- 
 
¶3. (C/NF) In a subsequent meeting June 25 with poloffs, 
Moorthy sought to clarify his asylum status and describe his 
work.  He reaffirmed that he has not sought political asylum 
in the U.S. and is instead currently seeking asylum in the UK. 
 
¶4. (C/NF) Moorthy said that he fled Malaysia after being 
arrested and then released by Malaysian government 
authorities in November 2007, and is fearful that he will be 
re-imprisoned if he returns.  He traveled to India, Europe, 
and the United States, before settling in London, where he 
currently resides.  During his travels, Moorthy met with a 
number of NGOs and government officials, including 
Congressional staff in the U.S. in April.  He had planned to 
go back to the U.S. in May, but the Malaysian government 
revoked his passport, preventing him from traveling.  Moorthy 
subsequently applied for political asylum in the U.K., where 
his claim is currently being processed.  He said that, at one 
point his application was fast-tracked, but that no actions 
have since been taken; he suspects that HMG has decided to 
take no action or move slowly.  Moorthy speculates that HMG 
does not wish to aggravate the Malaysian government by 
granting him asylum, citing the high volume of trade 
(including a pending arms sale) between the two countries. 
 
¶5. (C/NF) Moorthy believes that the Malaysian government 
revoked his passport to prevent him from furthering his and 
HINDRAF,s cause, and so that he would eventually be deported 
back to Malaysia.  He explained that several other HINDRAFF 
leaders were arrested in December 2007 and are still being 
held without trial. 
 
¶6. (C/NF) Poloff reiterated the reftel point that the USG 
does not support politically-partisan organizations. 
According to Moorthy, however, HINDRAF is a nonpartisan 
organization that advocates for minority rights in Malaysia. 
He founded the organization in response to what he saw as an 
increasingly influential Islamic presence in Malaysia,s 
government, and as an attempt to counterbalance the rise of 
Sharia law, which he claims is now often being used alongside 
or in place of traditional Malaysian constitutional law.  He 
is particularly concerned with a 1988 law ) Article 
121(1)(a) ) that established governmentally-sanctioned 
Sharia courts.  Moorthy said that HINDRAF is the first 
organization to come out strongly against these changes to 
Malaysian law.  He further explained that, although HINDRAF 
remains a predominantly Hindu advocacy group, it focuses on 
the expansion of democratic rights for all Malaysians, and is 
particularly involved in the advocacy of freedom of religion, 
educational equality, and equal rights for minorities.  While 
HINDRAF has sought to coordinate its efforts with other 
minority groups, it has had little success in such efforts. 
It has, however, managed to make it presence known and stage 
large protests against the government; Moorthy claims that a 
November 25, 2007 HINDRAF-organized protest in Kuala Lumpur 
attracted nearly 100,000 people. 
 
What Moorthy Wants 
------------------ 
 
¶7. (C/NF) Moorthy is concerned that his application for 
asylum status in the U.K. has been put on hold leaving him 
without documentation to travel.  He asked whether the U.S. 
would issue a travel document so that he may travel to the 
U.S. (or Canada) to pursue his advocacy work on a temporary 
basis.  Poloffs explained that they were unaware of the 
existence of such a travel document, and that they were 
doubtful that Moorthy could be accommodated.  Moorthy then 
said that he does NOT want permanent asylum, either in the 
U.K. or U.S.  He said that he hopes to return to Malaysia as 
soon as possible, as his family and law practice remain 
there, but will only return after the other imprisoned 
HINDRAF leaders have been released. 
 
¶8. (C/NF) Moorthy also requested financial support and 
training for his organization.  He desires funds so that he 
can continue advocating for Malaysian minority rights while 
he is abroad, and for the establishment of a mission both to 
monitor and document human rights violations in Malaysia and 
to train Malaysian citizens in the investigation of human 
rights abuses. 
 
¶9. (C/NF) Poloff asked, and Moorthy confirmed, that he is not 
seeking status as a refugee.  He was aware of the UNHCR-led 
process to gain refugee status.  He also understood that a 
travel document could be issued if he acquired refugee status. 
 
¶10. (C/NF) Poloffs explained that they were not in a position 
to offer assistance, determine whether HINDRAF was a partisan 
organization, or provide a travel document, but pledged to 
convey Moorthy's account of his status and the purpose of 
HINDRAF to Washington and American Embassy Kuala Lumpur. 
 
¶11. (C/NF) As instructed in reftel, Poloff informed HMG (the 
FCO) that she had made contact with Moorthy. 
 
¶12. (C/NF) COMMENT: It is too early to determine the accuracy 
of Moorthy's suspicion that HMG is stonewalling his political 
asylum application.  The Home Office (which determines 
matters of political asylum) moves very slowly as a general 
rule.  Consequently, what Moorthy might view as a "decision 
not to decide" may simply be bureaucratic inertia. 
 
Visit London's Classified Website: 
http://www.intelink.sgov.gov/wiki/Portal:Unit ed_Kingdom 
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