Tuesday, April 3, 2012
Bersih responds to PSC's recommendations
16. STRUCTURING AND STRENGTHENING OF THE ELECTION COMMISSION
A detailed study of the human resource capacity and performance of the Election Commission is needed before any recommendation of an increase in its staff numbers can be accepted.
In any event, if the recommendation to separate the 3 main functions of the Election Commission is accepted (see item 18 below), then the number of Election Commission staff could actually be reduced, rather than increased. We are deeply alarmed by reports that there has been an increase in the number of staff of the Election Commission by 100,000 people, to 240,000. This in itself is a sizeable block of postal voters that gives cause for grave concern.
The staffing of the Election Commission should be independent of government. The Election Commission should have its own funding, staff and salary scheme.
17. WIDENING THE WORK OF THE ELECTIONS ACADEMY
Although the Election Academy has been in existence since 2007, there is no evidence of active voter education programmes carried out by the Election Commission. On the other hand, civil society organizations have been active and have taken the lead in voter education.
It would be preferable if the government provides funding for civil society to continue with their voter education programmes, instead of continuing with the Elections Academy.
18. SEPARATION OF THE MAIN FUNCTIONS OF THE ELECTION COMMISSION
We concur with the recommendation that the 3 main functions of the Election Commission be separated and distributed to 3 separate bodies.
19. DISTRIBUTION OF SEATS IN THE HOUSE OF REPRESENTATIVES FOR THE STATES OF SABAH AND SARAWAK
This issue should be deferred until the Royal Commission of Inquiry has completed its investigations and delivered its findings into the systematic abuse of the granting of citizenship to foreigners, otherwise known as “Project IC”, in Sabah.
20. BALANCED ELECTORAL DELINEATION
Each electoral constituency should consist of approximately the same number of population. There should no longer be any need for any rural weightage in this day and age. The principle of “one person one vote” should be upheld without exception.
21. PROVISION OF FUNDING TO POLITICAL PARTIES
Election funding to political parties should be provided based on the proportion of the popular vote obtained by each political party in the previous general election. Political parties should not be allowed to utilize any other funding for an election campaign.
22. NEW ELECTORAL SYSTEM
We agree that studies should be carried out on alternative electoral systems.
BERSIH 2.0 is disappointed that the following key issues were not with dealt with at all or were not dealt with in sufficient depth:-
(a) The instances of manipulation of the electroral roll by removing names, changing polling station boundaries, and other such obvious discrepancies. A thorough study ought to have been conducted into the processes of the Election Commission and the National Registration Department.
(b) No reference whatsoever is made in the report about foreigners being given citizenship for their vote in Semenanjung Malaysia. Whilst the problem is acknowledged to exist in Sabah, there is no reference to Semenanjung Malaysia, where the issue is also of relevance.
(c) Nothing is said in the Parliamentary Select Committee’s report about election offences and the enforcement of the Election Offences Act 1954 as it now stands. There ought to also have been a study into the types of such offences being committed, and recommendations on how to prevent them. Although there is a suggestion that the Election Commission be given more powers to deal with such issues, the Parliamentary Select Committee does not seek to identify the problems and the clear infringements of the Act.
(d) There is no mention of how to stop dirty politics save for a reference to a Code to be drawn up in relation to a Caretaker Government. In fact there ought to be a code of conduct in relation to all candidates and political parties. An example of such a code of conduct, from India, was given by BERSIH 2.0 to the Parliamentary Select Committee.
(e) There is no reference to the inviting of International Observers. Malaysia was recently invited to send election observers to observe the recenty-concluded by-elections in Myanmar. On a previous occasion Malaysian observers were invited to observe the general elections in Thailand. If we subscribe to and endorse the principle of having international observers by our participation in such missions, then Malaysia’s reticence in inviting international observers is wholly inexplicable.
(f) We are shocked at the manner in which the Parliamentary Select Committee’s report was received and adopted by the Dewan Rakyat on 3 April 2012, without any debate. Further, we deplore the decision by the Speaker of the Dewan Rakyat not to permit the inclusion of a Minority Report together with the Parliamentary Select Committee’s report. The continued lack of respect of contrary views bodes ill for the development of a strong and vibrant Parliamentary democracy in Malaysia. The fact that there was no debate on the Parliamentary Select Committee’s report suggests that the majority in Parliament are none too concerned about the nature and extent of fraud and other irregularities in connection with the electoral rolls and the conduct of elections in Malaysia. The majority in Parliament do not appear to appreciate the need to strengthen the electoral process in Malaysia.
(g) Given thus, BERSIH 2.0 is of the view that it is highly likely that the electoral fraud and other irregularities that are currently being perpetrated in Malaysia, and which have been and continue to be the concern of decent, fair-minded and peace-loving Malaysians, will continue unabated. A golden opportunity to right the wrongs and do something good for the benefit of Malaysians now and in the future has sadly been missed.
Salam BERSIH 2.0
Steering Committee, Coalition for Clean and Fair Elections (BERSIH 2.0)