Wikileaks - Malaysian Government Barely Helped On Forced Labor Case

Recently, Wikileaks has released three cables in regards to the F5 engine. Yesterday, another cable was released yesterday which points out to the Malaysian government's - alluding to human resources and SOSCO -  little assistance rendered in the forced labor case of a Finnish electronic company.

This case was dated back on 24 October 2008.

Summary: Finnish electronics company Polar Electro Group had to pay compensation and provided repatriation for its 40 Vietnamese workers based in the Penang plant when they eventually found out via complaints that their Malaysian partner in the join-venture had committed forced labor practices (withholding passport, paying wages lower than stipulated than contracts and restricting movement of workers) 

Extract: 

¶2. (SBU) Post, working in conjunction with the Finnish Embassy, was able to facilitate the compensation and 
repatriation of approximately 40 mostly Vietnamese workers from conditions of forced labor in a Penang electronics 
assembly factory.  Polar Electro Group, a Finnish electronics company, holds 60 percent share in Polar Twin Advance, the 
local Malaysian company operating Polar Electro's Malaysian factory in Penang.  Boat People SOS (BPSOS) informed us on 
July 1 that Vietnamese employed by Polar Twin Advance were allegedly working in conditions of forced labor.  Malaysian 
plant managers reportedly had paid the workers at rates far below those in their original contracts; confiscated workers' 
passports; and denied salaries and intimidated workers who complained.  Poloff informed the Finnish Embassy about the 
allegations, provided background information on labor trafficking, and offered suggestions on a course of action. 
As a result, the Finnish Ambassador personally contacted Polar Electro's CEO to brief him on the reports of forced 
labor.  Polar Electro took quick steps to address the situation, including sending an inspection team to the 
factory the following week.  However, the Malaysian joint-owner of the factory refused to allow the inspection 
team onto the factory's premises.  When Finnish executives eventually confronted Malaysian plant managers with the 
allegations of labor exploitation, the plant managers were both confounded and angered that the Finnish parent company 
would raise such issues. 

On 1 July 2008,  the US Embassy was notified of the alleged force labor by the Boat People SOS. The Finnish embassy was in turn notified about the series of events - which was then reported to the CEO of Polar Electro Group (Jorma Kallio). HQ sent an inspection to the Penang plant to investigate and suspicions confirmed when the team was refused entry by its join-venture partner. When Finnish executives confronted the Malaysian plant managers on the allegations of labour exploitation, the plant managers were confounded and angered that the Finnish parent company would raise such issues.

The workers were given legal counsel and advice. In September, a compensation package was worked out and the workers were given a compensation of a total of RM300 000 and paid repatriation of workers back to Vietnam and Indonesia. On October 20, Polcouns and Poloff were briefed on the case by the Finnish executives involved in the problem solving matter. The executives were very frustrated over the lack of cooperation and information sharing by its Malaysian partner - resulting in the decision to divest shareholdings in the Malaysian company and filing a lawsuit against its partner Polar Twin Advance.

Engaging with Government - Little assistance, according to them, but Polar Electro admitted that they had not file any complaint with the relevant authorities. However, a Polar Electro executive described an event of intimidation hinting the Penang police protecting their Malaysian partner: a police officer came into the hotel room the executive was in and questioned him. But they have kept the door with government open with options of communication laid out.

Engagement With Other Parties - Many including the Bar Council being the active party, MICCI and other relevant parties:

Extract below:

¶6.  (SBU) Besides Post's active involvement in the Polar Electro case, we are engaging the corporate community and 
civil society through an outreach program designed to raise awareness of forced labor and trafficking in persons for 
labor exploitation.  On June 18, Poloff met with the human resource manager committee of the Malaysian International 
Chambers of Commerce and Industry (MICCI) to discuss reports of forced labor in Malaysia and the possible ramifications in 
the international community.  The business executives responded very positively and MICCI requested a follow-up 
presentation, which is set for November 13.  In conjunction with the release of the 2008 TIP report in June, Post briefed 
the Malaysian Bar Council's human rights committee on forced labor and how the Malaysia's 2007 anti-TIP law could be used 
to prosecute forced labor cases.  The Bar Council is an active partner, providing its members with internal training 
on the new TIP law and providing a Bar Council representative to speak at both MICCI outreach events.  In September, Poloff 
discussed labor trafficking and forced labor with the Deputy Speaker of Parliament and officials from the Malaysian Trade 
Union Congress in Sarawak, East Malaysia. 

The full cable on Forced Labor case: (Read here)

Malaysia in Blue Lantern Program

The Blue Lantern Program is defined as follows:

Initiated in September 1990 as the first systematic end-use check program, the Blue Lantern program has strengthened export controls and has proven to be a useful instrument in: 1) deterring diversions, 2) aiding the disruption of illicit supply networks used by rogue governments and international criminal organizations, and 3) helping the Department make informed licensing decisions and ensuring compliance with the AECA and the ITAR.  End-use checks performed under the Blue Lantern program have significantly encouraged compliance with legal and regulatory requirements and have proven particularly effective in addressing the growing problem of gray arms trade (the use of fraudulent export documentation to acquire defense articles through legitimate channels for end-users inimical to U.S. interests).  U.S. embassy personnel, or, in some instances, DDTC personnel, conduct Blue Lantern end-use checks abroad to verify the specific end-use and end-user of commercial defense exports and transfers controlled under the AECA.

Excerpt from: Federation of American Scientists

Wikileaks on 21 January released another cable that involves Malaysia from its Sao Paulo cable. This is the latest of the documents that pointed Malaysia's involvement with AVIBRAS, Brazil's aerospace company. The cable was dated  9 January 2009 and judging by the content of the document, it involves defence contracts with the Ministry of Defence (Najib was the Defence Minister / Deputy Prime Minister during that period mentioned before Pak Lah took over a few months before the end of his premiership.)

AVRIBAS had a 1000 page contract signed with the Malaysian government that includes product descriptions and comprehensive product blueprints. This would be the second contract signed with the Malaysia. The first one was signed back in 2000. AVRIBAS principally manufactures ASTROII missiles (Artillery Saturation Rocket System) and other air-to-air missile. 

So what's the idea of having those ASTROII missiles? How much does it cost? Anyone can fill in the blanks?

The main excerpt of the cable is as follows:

¶2. (SBU) AVIBRAS's supporting documentation included an approximately 1,000 page long sales contract from the Government of Malaysia. It included detailed descriptions of the product, including blueprints. A Principle Deputy Assistant Secretary level representative of the Government of Malaysia (GoM) had signed the contract and it contained the original seal of the GoM. Hassuani also showed original documentation from a similar contract with the GoM in 2000. Plaques, given as gifts to his company for its services from various countries' militaries, decorated an entire wall in his office. Hassuani even showed Econoff his Association of the U.S. Army card, showing his membership since 1984. 

¶3. (SBU) ABIBRAS has four sites, divided into munitions, armor and plating, civilian, and administrative. The compounds themselves are located some distance from the main road and protected by security guards. The munitions facility is located about one mile off kilometer 14 of the Tamoios highway, near the city of Sao Jose dos Campos, Brazil. Upon arrival to the compound, the security guard requested Econoff turn off his cell phone, even though there appeared to be no reception available in the isolated compound. AVIBRAS also retains a member of the Brazilian Air Force to serve as their security liaison. The liaison officer conducts background investigations and grants security clearances to all AVIBRAS employees and contractors, in addition to periodic reviews of compound security. 

¶4. (SBU) AVIBRAS principally manufactures the Artillery Saturation Rocket System (ASTROS II). AVIBRAS also manufactures air-to-air missile delivery systems for Embraer jet fighters, civilian explosives, fuses, and the missiles themselves. They also have developed an unmanned drone. AVIBRAS does not serve as a broker, which Hassuani says is against Brazilian law. They import the parts for their systems and then manufacture the delivery systems themselves. After the product is complete, workers place it in a container and a Government of Brazil (GoB) customs agent travels to the factory to seal the container. The container is not opened again until the end-user receives delivery of the unit. 

¶5. (SBU) AVIBRAS sells exclusively to governments. According to Hussuani, they have sold equipment to the following countries' militaries: Brazil, Saudi Arabia, Qatar, Oman, Kuwait, Malaysia, Brunei, Morocco, Angola, Columbia, Chile, and Ecuador. The GoB must approve all transactions and it does deny sales to certain countries. Hassuani showed Econoff a list of the denied countries, which included Iran, Israel, and Ecuador. 

It Was A Setup, Anwar Walked Into It, And He Didn't Care?

6 August 2008 was when Raja Petra Kamaruddin published an article that implicated Najib's political secretary, Shafee Abdullah, called Shafee Abdullah - Sodomologist Extraordinaire,  in which it details the plan to setup something that will trap Anwar Ibrahim over the repeated sodomy crime that at imprisoned, but reversed the other way around the first time round. Notable characters that are involved in the sodomy affair, in and out, in addition to your standard Anwar, Saiful and Najib thing includes Shafee, current Melaka police state chief Rodwan Yusof and of course a few other non-mentioned characters involved.

There subsequent articles on 7 and 11 August 2008 are:

1. Money, Power and Sex: What Motivates Man

2. The Real Mastermind Behind The Anwar Sodomy Allegation

On 14 August 2008, Shafee Abdullah initiated legal action against RPK by demand of removal of the related articles, as well as legal action against commentators (just as flashback). Today's Wikileaks expose in The Sun Herald or The Malaysian Insider (pick one) on this affair shows an assessment by the Australian intelligence agency that the whole sodomy affair is a setup (confirmed). 

And what does that imply? This means, Shafee is lying by the teeth and that legal action started in August 2008 was meant to cover his ass.

Let's go through the first three paragraphs by Sun Herald:

MALAYSIAN opposition leader Anwar Ibrahim's sodomy charges are the result of a "set up job" that the politician "walked into", according to an assessment by Australia's peak intelligence agency.

A leaked US State Department cable reveals that Singaporean intelligence officials told their Australian counterparts that Mr Anwar engaged in the conduct of which he is accused, a claim he has steadfastly denied.

Australia's Office of National Assessments (ONA) also states the conduct was the result of apparent entrapment by Mr Anwar's enemies.

Notice the highlighted phrases. The first and the last tells us that those who setup the sodomy thing whom later tried to deny it are actually lying in the teeth. With Wikileaks exposing those, they have been caught with their pants down. Which is why the imply above.

The second, of Anwar walked into the trap, I was warned of such predicament happening by a PKR insider sometime last year. Few knew about it, and I was prepared of such chip of this to fall someday. The technical intelligence that Lee Kuan Yew said of to the ONA seems to confirm the gut feeling that I had on this sodomy. Since technical intelligence could mean intercepted communications,

I will not go deep into how Anwar's bizarre PR dealing except that he keeps blaming the Special Branch, whereas everyone is screaming for Anwar for extensive damage control over this matter. 

How Anwar handled on this expose is a question mark. But it gave me a chance to explore the possibility of confusing his enemies by doing things that nobody is willing to take the chance the moment such chips fall. If you remember the Joker said of 'people running at the first sight of trouble'. Sun Tzu did say of confusing /deceiving your enemies by showing statements that could show face of fear but the masking of confidence of innocence.

The  probabilities on Anwar's handling of the matter are:

1. Game over for him, and he's trying to slow things down.

2. He didn't do it, but just put this out to confuse his enemies (BN).

3. He let other guys handle it, (e.g Nik Nazmi's response / Tian Chua's response)

It is likely that the leak will put a spanner of slowing down Najib / Rosmah's plan of ensuring that Anwar goes to jail. Not taking it off, but delaying it. But it still can show a definite go-to-jail conviction for Anwar over the Sodomy thing since, the technical intelligence says it all. From what it says, it seems that Anwar went a bridge too far over his choice of people in PKR, but the sceptics is always that if Anwar goes to jail, PKR could face more problems, even if Azmin is running the show. 

And what about Najib? So far, Najib has been keeping the cards close to the chest. His press secretaries have been frantically trying to tell reporters not to wait for a press conference. Either it's the same thing that is happening to him as with Anwar or suffice to say that Najib is caught with pants down over everything that is happening now.