Anwar's freedom catches UMNO with pants
down By Ioannis Gatsiounis
KUALA LUMPUR - With the only viable opposition
party all but knocked out of the picture and the ruling
National Front (BN) promising reform but carrying on its
brand of feudalism with impunity - in other words, just
when the political climate in Malaysia seemed to reach a
new nadir - things got interesting. On Thursday morning in Putra Jaya, a
federal court in a 2-1 decision stunned the nation by
overturning the sodomy conviction of Malaysia's most
famous political prisoner, Anwar Ibrahim.
Anwar
in 1998 was sacked as deputy premier by then prime
minister Mahathir Mohamad and subsequently jailed on
corruption and sodomy charges. The debacle touched off
mass protests and gave rise to a reform movement
centering on justice and human rights, as many
Malaysians believed that Anwar, 57, was framed because
he posed a political threat to Mahathir.
Anwar
had already served his term for the corruption
conviction and was down to his last appeal for his
nine-year sodomy sentence when Judge Abdul Hamid Mohamad
told the courtroom on Thursday, "We are not prepared to
uphold the conviction. We therefore ... set aside the
conviction and the sentence."
Now, beneath the
euphoria and bewilderment - in a nation in which the
courts are reputedly a puppet of the government - two
burning questions persist: How will Anwar's release
shape Malaysia's political landscape, and second, does
it suggest a new dawn of reform in Malaysian politics?
When Mahathir's hand-picked successor Abdullah
Badawi took over from the long-ruling Mahathir last
October, speculation surfaced as to whether Abdullah
might release Anwar. It was just as soon concluded that
releasing the charismatic Anwar would be political
suicide for Abdullah, who was - some say still is -
struggling to form a political base within his United
Malays National Organization (UMNO).
On
Wednesday, however, Abdullah said he would not meddle in
the courts' decisions. And it appears he did not. So
stunned was even Anwar at the fact that he went out of
his way to say, "I must thank Badawi for the decision."
To some observers such cap-tipping is a
priori, as Abdullah had already assured the public
that the judiciary was independent and the government
would not tamper with court decisions. But, said Malik
Imtiaz Sarwar, deputy president of the National Human
Rights Society (HAKAM), "There's a fundamental defect in
making this assurance." He added that while Abdullah
deserves some credit for not tampering with a court
ruling that just might seal his political fate, "We
cannot say the rule of law prevails in Malaysia as of
yet."
Added a longtime commentator: "There
remain so many problems in the judiciary." Those seeking
reform, he said, cannot afford to bask in this decision.
But at least, said the leader of the opposition,
Democratic Action Party (DAP) chairman Lim Kit Siang,
"It reminds us not to despair in our fight for
democracy."
And with Anwar's release, that fight
for democracy likely got a major jolt. Anwar assured
supporters outside the courthouse: "I'm committed to the
struggle with the opposition parties that are committed
to reform. I'm starting it right away."
Under
Malaysian law, he will need to wait five years to seek
political office because of his corruption conviction.
But the message is clear: he will not allow himself to
be sublated by the party that sought to destroy him.
Whether he links up with Keadilan (Justice
Party), the party that was formed in the wake of his
ouster, is not known. But it is thought that his release
will "breathe new life directly and indirectly into
opposition parties", said Hassan Ali of the conservative
Parti Islam SeMalaysia (PAS).
UMNO officials
were not immediately available for comment. But most
observers say the decision puts UMNO against the wall.
"It puts pressure on UMNO to stand up to the issues they
promised to address" when Abdullah became premier, Lim
said. Among those issues were corruption, transparency,
accountability and good governance.
Some say
Anwar's release may cause further fissures within UMNO,
with some members aligning themselves with Anwar and
others behind UMNO Supreme Council member Razaleigh
Hamzah, who unsuccessfully challenged Abdullah for the
party presidency in July.
At cafes around Kuala
Lumpur on Thursday, some Malaysians saw Anwar's release
as an omen for Malaysian politics. "Let him stay in jail
where he deserves to be," said Mohamad Yusuf Bachok, 52.
"His release will only divide."
Indeed, the
Anwar debacle embarrassed and exhausted many Malaysians,
and finds them averse to change. If Anwar can't reverse
this trend, needless to say his political comeback will
be over before it gets started.
Columnist M G G
Pillai said Anwar's release is nothing to fear. "A
realignment of forces is good for Malaysia."
And
a realignment is what he foresees. Part of the problem,
Pillai said, is that UMNO has become an Islamic party,
trying to outduel PAS for that title. "Both have talked
up cutting off the hands of thieves - the only
difference is UMNO will cauterize it and PAS use the
blade directly," he quipped.
While Muslims here,
most all Malays, make up 60% of the population, UMNO and
PAS have alienated many Malay voters because Malay
identity is not exclusively Islamic. It is in some ways
distinct, with a unique history that Islam has confused.
By contrast, Keadilan has always played more to
Malay rather than Islamic sensibilities. Anwar did
spearhead an Islamic revival in Malaysia in the early
1980s, but his appeal has transcended ethnic and
religious lines.
As recently as Wednesday, Anwar
and his former party were all but forgotten. His final
appeal on Thursday was seen as a foregone conclusion,
considering the courts' corrupt history; few Malaysians
were even tuning in. As well, Keadilan was virtually
buried in the March parliamentary elections, with only
Anwar's wife Wan Azizah Wan Ismail winning a seat in
parliament. Anwar's battle back into politics will no
doubt be an arduous one.
Anwar, in neck brace
and wheelchair, was expected to fly to Munich
immediately for treatment for his back, an injury he
said was aggravated by a beating inflicted by Malaysia's
former police chief after his jailing in 1998. When
Anwar appeared in court the next day with a black eye,
Mahathir said Anwar beat himself up. The police chief
later confessed to the crime.
After his release
on Thursday, Anwar told reporters, "I bear no malice
against [Mahathir]. Let him retire." Mahathir retired
last October. Anwar's plans are a little different.
Ioannis Gatsiounis is a New
York native who has worked in Indonesia as a freelance
foreign correspondent for various US dailies and
co-hosted a weekly political/cultural radio call-in
show. He now lives in Malaysia.
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morning in Putra Jaya, a
federal court in a 2-1 decision stunned the nation by
overturning the sodomy conviction of Malaysia's most
famous political prisoner, Anwar Ibrahim. 
