EC To Meet Wednesday On Chempaka State By-Election

PUTRAJAYA, Feb 16 (Bernama) -- The Election Commission (EC) is to meet on Wednesday to set the dates for nomination and polling for the Chempaka state by-election in Kelantan, EC secretary Datuk Abdul Ghani Salleh said on Monday.

The seat fell vacant following the death of PAS spiritual leader and former Kelantan menteri besar Datuk Nik Abdul Aziz Nik Mat last Thursday. He was 84.

Abdul Ghani said the meeting would be chaired by EC chairman Tan Sri Abdul Aziz Mohd Yusof.

"The meeting would also discuss the electoral rolls that will be used and the preparations for the by-election," he said in a statement.

A press conference would be held after the meeting, he said.

Yesterday, Kelantan State Assembly speaker Datuk Abdullah Ya'kub announced the vacant seat at a news conference in Kota Baharu.

In the 13th general election, in 2013, Nik Aziz defeated Barisan Nasional candidate Wan Razman Wan Abd Razak with a majority of 6,500 votes to win the seat.

Nik Aziz polled 12,310 votes while Wan Razman received 5,810.

-- BERNAMA

NGO offers to help EC improve electoral system

fz.com 
by Meena Lakshana

PETALING JAYA (Feb 17): A citizen-based electoral reform project has proposed the establishment of a separate body independent of the Election Commission (EC) to oversee the constituency re-delineation process.

Speaking at the forum entitled ‘Towards a Fairer Electoral System’, Projek Beres coordinator Syahredzan Johan said yesterday a Boundaries Commission should be set up independently of the EC to deal with the delimitation process.

In his presentation at the forum organised by the Bar Council and Tindak Malaysia, Syahredzan said the commission will also operate independently of Parliament, where Dewan Rakyat would have no power to amend or reject the final determination of boundaries by the commission.

Its members will be appointed by the Yang di-Pertuan Agong, in consultation with the Conference of Rulers and the concurrence of the Opposition Leader.

“The Boundaries Commission may increase or decrease number of constituencies according to delimitation criteria,” he said.

The EC will assume the role of the Registrar of Societies (ROS) by handling the registration and regulation of political parties and political organisations, which would give licence to the commission to oversee the parties during election.

The appointment of EC members is similar to the Boundaries Commission.

To keep the Boundaries Commission and the EC in check, Projek Beres also proposed that an Election Ombudsman inquire into, review and address complaints and grievances with respect to the conduct of the EC and the Boundaries Commission.

The Election Ombudsman will also issue orders for corrective action to be taken and recommend the removal of members of a caretaker government.

All members of all bodies will be disqualified if found to be a member of a political party. Also, all members are not allowed to be elected representatives of the people.

Projeck Beres also proposed that an interim Prime Minister (PM) lead the caretaker government once Parliament is dissolved to pave the way for elections.

The interim PM will be appointed by the Yang di-Pertuan Agong, but is subject to the approval of the outgoing PM and the Opposition Leader.

These are some of the 20 proposals drawn up by Projek Beres, a citizen-initiated electoral reform group.

‘Plans to engage with political parties’    

Syaredzan said the group hopes to initiate discussions on the proposals with both Barisan Nasional (BN) and Pakatan Rakyat “as soon as possible.”

“We want to engage with the stakeholders, EC and both sides of the political divide. Ultimately, they may have different ideas,” he said.

“But at least, we can talk about these things, because it involves amendments to the Federal Constitution, and for that, we need both sides of the political divide to agree to this,” he said.

However, Syahredzan said the group may have to wait until after the Kajang by-election.

He said at the moment, the group also lacks funding but is hopeful that they will receive help.

“The thing is, it is not civil society’s job to do all of these things,” he said.

“We are doing this because the State has failed us and we are just a bunch of concerned citizens.

“So, similarly, the funding will come because there are concerned citizens who will step forward to help us,” he added.

More information on the group and its efforts can be found on its Facebook page here: https://www.facebook.com/ProjekBeres.

EC: Swearing in lawmakers shows Pakatan hypocrisy

Election Commission deputy chairperson Wan Ahmad Wan Omar today called the opposition leaders hypocrites as they will be taking their oath as parliamentarians soon although they dispute the 13th general election results.

He said the opposition leaders were quick to change their stand and their actions always ran contrary to their principles.

"They won 89 (parliamentary) seats and more than two-thirds majority in three states but on the streets, they reject the general election results. Really, this is hypocrisy.

"Their principles are not the same as their actions. It seems their principle is that they cannot accept the GE13 results. But their actions (show us what)?

"Now we see that they want to take their oath (of office); they change their stance and earlier they said they only wanted to boycott the briefing (for MPs)."

Wan Ahmad said this to reporters after a luncheon talk titled 'GE13: Accept the people's decision', organised by the Special Affairs Department and Institut Perkembangan Minda (Inmind) in Kuala Lumpur today.

He said the opposition could be labelled as hypocrites also because they claimed the country's general election system to be unfair but still fielded their candidates in the recent elections.

"If they had no confidence in the general election process and regulations in the first place, that it was not transparent and there would be cheating as they claimed, they should not have troubled themselves by participating in it.

Won't entertain opposition's demands

"But they contested because they believed we were fair, that they would win, break the monopoly of the ruling government and form the government because victory was in the hands of the rakyat."

He said the opposition parties were only using the people to support their principle of not accepting the GE13 results by taking them to the streets but at the same time, admitted themselves to be elected through the general election process.

Wan Ahmad said the EC would not entertain the opposition's demands as it was not in line with the federal constitution and legal provisions.

"They demand that the EC officials resign.

"It's ridiculous because according to the constitution, this is not the way. It's also absurd to ask for elections be held again in 30 constituencies that they narrowly won.

"If they don't trust the election results, they should file petitions as provided for under Article 118 of the federal constitution.

"They also demand that the redelineation exercise be postponed but according to the constitution, it must be done after every eight years. It's time to do it now and cannot be delayed.

"However, they want it to be done until new appointments for the EC are made. To appoint the officials under which law?" he added.

- Bernama

Pakatan ke mahkamah untuk bersihkan daftar pemilih

Zurairi AR dan Ida Lim, TMI

Pakatan Rakyat (PR) telah memohon untuk semakan kehakiman bagi memaksa Suruhanjaya Pilihan Raya (SPR) membersihkan daftar pemilih di Selangor, selain dari semakan pengesahan bagi mengelakkan pengundi yang mencurigakan, kata penggubal undang-undangnya.

Anggota parlimen Klang Charles Santiago akan mengetahui pada Khamis depan jika percubaannya untuk “memaksa” SPR menyemak daftar pemilih di kawasannya berjaya, tetapi dia juga terkejut suruhanjaya itu berpendapat adalah “normal” untuk mempunyai 28 peratus pengundi tidak dikenalpasti daripada 500,000 yang terbaru di negeri Malaysia paling maju, kerana masyarakat bergerak ke seluruh negara.

“Apabila saya baca berita tersebut, saya merasakan ianya kenyataan paling tidak bertanggungjawab,” kata Santiago berhubung kenyataan Timbalan Pengerusi SPR Datuk Wan Ahmad Wan Omar Jumaat lalu.

Santiago telah memfailkan semakan kehakiman di Mahkamah Tinggi Shah Alam bulan lalu untuk memaksa suatu penyiasatan oleh SPR, yang beliau dakwa cuba melengah-lengahkan ke atas isu pengundi diragui.

Santiago mengatakan terdapat 6,000 pengundi diragui, 3,457 pengundi dikeluarkan dari daftar pemilih tanpa kebenaran dan tidak diberitahu serta 2,195 pengundi dipindahkan tanpa kebenaran.

Pemimpin PR lain sedang memerhatikan keputusan “percubaan” Santiago sebelum mengikutinya termasuk anggota parlimen Shah Alam Khalid Samad.

“Sebenarnya, pilihan yang tinggal kepada kami adalah untuk membawa ke mahkamah,” kata ahli parlimen PAS itu, walaupun beliau percaya peluangnya mungkin tipis.

Mahkamah Shah Alam akan membuat keputusan pada Khamis depan mengenai pemberian kebenaran bagi permohonan semakan kehakiman Santiago manakala Khalid bergantung kepada sokongan orang ramai untuk meneutralkan kesan pengundi hantu.

Teresa Kok dari DAP bersetuju dengan Khalid, mengatakan beliau akan mengarahkan penyokongnya untuk mengumpulkan pengundi sebenar untuk keluar semasa hari mengundi.

Beliau mencadangkan agar pengundi membantu semasa tempoh berkempen, dan untuk berkhidmat sebagai agen mengundi dan agen mengira bagi memantau sebarang kemungkinan penipuan.

“Tidak banyak yang boleh kita lakukan, kerana semua (pegundi diragui) digazetkan dalam daftar pengundi, katanya yang juga Ahli Dewan Undangan Negeri (ADUN) Kinrara, mengatakan akan memastikan senarai pengundi yang tidak dikenali disemak di kawasan DUN beliau.

“Diperingkat kami, kami sudah sediakan orang-orang kami, mereka diberikan senarai nama pengundi tidak dikenalpasti, kata Zuraida Kamaruddin dari PKR kepada The Malaysian Insider.

“Jadi jika orang-orang ini keluar mengundi, kami akan melakukan inisiatif sendiri untuk mengesahkan mereka sebagai pengundi,” kata anggota parlimen Ampang itu, menjelaskan tiga peringkat pengesahan yang beliau akan lakukan.

Dua langkah awal adalah ahli parti akan membantah kepada SPR termasuk melalui borang-borang berkenaan, jika pengundi disenarai hitam atau pengundi dengan alamat meragukan muncul dalam daftar pemilih terkini yang digazetkan.

Terakhir mereka akan membantah jika terdapat penyelewengan semasa semakan pada hari mengundi, dimana ahli parti akan menyemak sama ada pengundi adalah rakyat asing atau tidak tinggal begitu lama dalam negara sebelum menerima kad pengenalan.

Sebarang penyelewengan dalam daftar pemilih akan difailkan dan direkodkan untuk tujuan dokumentasi supaya tindakan mahkamah boleh diambil selepas pilihan raya jika diperlukan, kata Zuraida.

“Tetapi pada masa sama, kami tidak menolak kemungkinan untuk menghalang mereka dari mengundi, katanya walaupun beliau sedar ia merupakan satu kesalahan pilihan raya untuk melakukan perkara tersebut.

Khalid walau bagaimanapun berkata, walaupun agen mengundi boleh menyemak daftar pemilih berbanding senarai Selangor, tidak banyak yang boleh dilakukan kerana mereka akan dilihat menghalang pengundi sah daripada mengundi.

SPR telah mengatakan mereka tidak boleh menghalang mereka yang berdaftar daripada mengundi, kerana ini adalah hak mereka walaupun mereka tidak boleh dikenalpasti.

READ MORE HERE

Beli undi: SPRM halalkan tindakan BN

Don’t jump to conclusions, says EC chief

(Bernama) - The Election Commission (EC) is requesting all parties not to jump to conclusions to implicate the EC in the on-going Royal Commission of Inquiry (RCI) investigating the illegal immigrants issue in Sabah.

EC chairman Tan Sri Abdul Aziz Mohd Yusof (picture) said today as long as the RCI was carrying out its task, no one should comment on matters raised during the proceedings.

“Don’t conclude anything before the proceedings are complete. Don’t simply accuse the EC of anything. The investigation is not complete yet,” he said.

Speaking at a press conference here, he said making a comment now was like making a premature conclusion on the outcome of a movie.

“One quarter into the movie, the hero appears to be shot dead. But don’t jump the gun that he’s dead. Towards the end, it transpires that he was just unconscious,” he said.

Abdul Aziz said the EC had budgeted RM78 million for Sarawak for the 13th general election, with more than half the amount allocated for rental of vehicles for staff.

He said the amount was the highest compared to other states due to Sarawak’s vastness and terrain.

Earlier, he presented appointment letters to eight non-governmental organisations who were made domestic observers for the 13th general election in Sarawak.

Speaking at the ceremony, he said four of the associations — Dayak Bidayuh National Association, Orang Ulu National Association, National Islamic Youth Association Sarawak Branch and Sarawak Malay National Association — would be observing the election process in the Kuching area.

The observers for Sibu would be the Sibu Melanau Association and Sibu Chinese Chamber of Commerce, while the Federation of Orang Ulu Malaysia and Miri Chinese Association would be observing in Miri, he added.

'My daughter in London is a voter in Semenyih'

When Penang Deputy Chief Minister II P Ramasamy went to his family house in Kajang recently, he was not really surprised to receive a ‘Love Selangor' letter from Prime Minister Najib Abdul Razak.

However, what really surprised him - and became his scorn and condemnation for Najib and the Election Commission - was the conducting a of a "fraudulent exercise" to register voters.

A closer look proved that the letter was addressed to his 25-year-old daughter Sri Vaitheki, who is pursuing her PhD programme in the British capital, London.

The letter includes information stating that Sri Vaitheki's voting centre is Semenyih.

However, Ramasamy said at a press conference in Penang today: "Why is this happening? My daughter says she had never registered as a voter!

"This is a fraudulent exercise by the Election Commission and Najib to use this beautiful letter to get her to vote for BN. This surely must be happening to many Malaysians and non-Malaysians.

"I will be lodging a police report on this matter, on behalf of my daughter."

Ramasamy wants the EC to provide evidence as to who registered his daughter as a voter. How could this happen without her presence and the production of her MyKad, since there is no automatic registration of voters in Malaysia.

In his letter, Najib wishes Sri Vaitheki a ‘Happy 2013' and goes on to slam the Pakatan Rakyat.
'A tip of the iceberg'

The prime minister also admits that there have been "errors and shortages" in the BN administration and promises to "arise with new intentions and motivation" to give the rakyat the best service.

"Our promises are promises fulfilled," Najib says before signing off with "Love Selangor, Have Confidence in the BN".

Ramasamy said this problem appeared to be merely a "tip of the iceberg", and to date, the EC has not been able to clean up the electoral roll for the coming general election.

The EC has not also given any attention to Bersih's eight demands for clean and fair elections.

"When registering as a voter, one must furnish his or her MyKad. So, who signed on my daughter's behalf?

"If this is the way the EC is operating, we are going to have massive problems. Is there another project called ‘Registering False Voters' in town?" he mocked.

"I am just wondering. If these so-called voters who are abroad do not come back to vote, how many will be voting on their behalf?"

‘Act of treason'

Ramasamy said his latest expose merely added to the strings of complaints against the EC.

He also condemned the recent revelations about Project IC to the royal commission of inquiry on unqualified immigrants in Sabah, calling it "an act of treason".

He blamed the BN government for this, saying Project IC was merely one of the BN's "desperate measures to win" in the coming general election.

"It is a desperate coalition doing desperate things. It seems like they are targeting the two million eligible voters who have yet to register," the Batu Kawan MP added.

Ramasamy urged the people to check their voting status, especially the newly registered voters and those eligible to vote but have yet to register.

"I will be relpying, on my daughter's behalf, to this letter from Najib. If the EC cannot produce evidence on who registered her as a voter, I will take this matter up. My question should be answered before the coming election." the Prai assemblyperson added.

In a similar development, Ramasamy's aide Edriana Kaur also said at the press conference that her 29-year-old brother - who had never registered as a voter - had received a similar letter from Najib.

"We live in Penang, but the letter was sent to our house in Butterworth. We received it last week and my brother says he had never registered as a voter," said Edriana.

Ramasamy asked: "Does this mean that everybody - Pakistanis, Bangladeshis and Indonesians in Malaysia - can also be registered as voters?"

'What detergent do I use to clean electoral roll?'

It is not possible for any country to ensure its electoral roll is 100 percent clean, the Election Commission (EC) says, for the list will be affected by daily occurrences of deaths as well as changes in addresses as people move about the country.
   
"If I clean today, tomorrow someone dies and it is not clean again...

"How clean do you want it to be? What kind of detergent do we need to use?" EC chief Abdul Aziz Mohd Yusof told a press conference in Putrajaya today.
He stressed that in spite of revelations to the royal commission of inquiry (RCI) on immigrants in Sabah, the electoral roll for the state - and for the rest of the country - was as clean as these could be made.

"Believe us, the electoral roll is clean. As far as the EC is concerned, we only accept citizens with blue MyKad as voters.
"As for how they got the identity card, that's (under the purview of) the National Registration Department (NRD),” he said, washing his hands clean of possible inaccuracies.
Before the names are entered into the roll, the EC carries out a “vigorous check” with the NRD to ensure that those being registered are citizens and are alive.

"If it is okay, only then we register,” Abdul Aziz explained after launching the commission's dedicated 13th general election website.

He also appealed to members of the public to be proactive and check their details for discrepancies and update the EC with their latest details and addresses.

For this, he said, voters could SMS, email, phone in or go through the EC's new dedicated GE13 website at www.pru13.gov.my.
No comment on Sabah RCI
Asked to comment on the ongoing RCI, Abdul Aziz refused to touch on the testimonies of the witnesses.

"I have been advised not to comment as the proceedings are still going on. Four EC officers are waiting to testify and they will answer any and all questions that the commission may ask," he said.

The RCI hearing in Kota Kinabalu has to date featured damning testimonies on the awarding of citizenship to illegal immigrants and their subsequent registration as voters.
Asked why the Human Rights Commission (Suhakam) was not named as an election observer, Abdul Aziz said it was the EC's prerogative to choose whoever it wanted, and he went on to say it was not because Suhakam had any ill feeling toward the commission.

"(Suhakam chief) Hasmy Agam (right) is my friend too."

He added that thus far 16 NGOs have been appointed as local observers while five Asean countries and the grouping’s secretariat would be coming as international observers.

‘Malaysia, Australia poles apart’

The EC chief also dismissed Australian Prime Minister Julia Gillard's early announcement of election dates as inconsequential to Malaysian politics as both countries were poles apart and used differing electoral guidelines.

"We have different laws, different systems and different conventions."

Commenting further on the EC's dedicated GE13 website, Abdul Aziz said it would be the one-stop portal for all things related to the coming general election, including news, turnout rates, enforcement updates, nomination statistics as well as other information and a live stream of all voting results.

He said the new site costs less then RM100,000 out of the total RM400 million budgeted for the commission’s GE13 budget.

This budget is a whopping RM150 million more than the cost of GE12 in 2008.

Abdul Aziz attributed the inflated cost to inflation, ballooning staff and allowances as well as extra expenses for new types of voting, overseas voting and to handle and increasing number of voters, which will total 13.3 million as against the 10 million voters in 2008, after the latest registrants are gazetted in March.

EC accuses Ambiga, Bersih of partisan agenda

KUALA LUMPUR, Dec 19 — The Election Commission (EC) questioned today the ability of Datuk Ambiga Sreenevasan to ensure all ‘citizen observers’ in her Bersih 2.0 electoral watchdog group obey the law and steer clear of fouling up the polls regulator’s work.

EC deputy chairman Datuk Wan Ahmad Wan Omar was reported by a Malay news portal as saying Bersih 2.0 was formed along partisan lines and that it was possible the group may have a certain agenda to protect its partisan interests.

He told Sinar Harian Online that while the prominent legal expert who is co-chairman of the electoral reforms group is seen to be familiar with the law, he asked: “But is she capable of taking care of members involved in the Jom Pantau PRU13?”

“Not all know the law, with the election closing in, this campaign launch may cause all sorts of problems to arise,” Wan Ahmad was reported as saying.

The grassroots movement that has been pressuring the government to clean up the election process had earlier this week announced it will be employing thousands more “citizen observers” as their eyes and ears to monitor the election process on polling day.

Wan Ahmad said the EC acknowledged the right of citizens to monitor the election process for any possible fraud that may arise, but said they must not disturb the work of the authorities and EC.

“We want to remind them so that Bersih 2.0 that launched this campaign will not disturb this election’s affairs,” he told the news portal.

Bersih 2.0 has already launched its “Jom Pantau” and “Jom 100” but Ambiga Sreenevasan said on Monday that these campaigns would be expanded next month to keep up the pressure on the authorities.

The lawyer-activist insisted that the polls would not be as clean as Bersih 2.0 wants and the best way to keep the authorities in check is by increasing voter turnout and employing citizens to watch out for any hanky-panky on polling day.

Ambiga said Bersih 2.0’s latest plans were born out of frustration that despite its push over the past few years, the government and the EC’s polls reform efforts have been unsatisfactory.

She rapped the EC for purportedly being “insincere”, pointing out that the agency had only recently decided to set up a special unit to clean up the electoral roll.

Ambiga also complained that the EC had failed to fulfil other key demands of Bersih 2.0, including an undertaking that all contesting parties would be given free and fair access media, international observers would be allowed on polling day and a firm commitment is made to put an end to all forms of political violence before or during campaigning.

Bersih 2.0, a coalition of more than 82 non-governmental organisations, had held its second rally for free and fair elections since 2007 on July 9 last year, earning international recognition when scenes of chaos and violence were plastered across the foreign media.

SPR: Macamana nak profesional kalau bias?

Taklimat SPR tidak penuhi 8 tuntutan Bersih

Indelible ink prevents electoral fraud

Malay Mail 
by Hamzah Nazari

ALSO known as election ink or electoral stain, indelible ink is used in elections to prevent electoral fraud, which can occur through methods such as double voting, by marking those who have already voted once.

Many countries such as Indonesia, Egypt and Uganda use indelible ink during elections, especially in cases where it is difficult to determine the identity of voters through identification card and documents.

It was initially stated by the Election Commission on Aug 13, 2007, that indelible ink was to be used in Malaysia’s 2008 general elections but was canceled on March 4, 2008, as a constitutional amendment would have to be made in order to stop someone from voting if they had already been marked.

The common practice is to place the mark on the index finger, often specifically including the cuticle where it is almost impossible to remove effectively.

The mark is usually visible on skin for at least three days afterwards but can last up to four weeks on the fingernail and cuticle and can only be removed when new cells are grown to replace those which are marked.

The ink usually consists of a pigment and a low percentage of silver nitrate which stains the skin when exposed to ultraviolet light.

Fears that indelible ink could contain impure substances prohibited in Islam or negatively effect the health of those stained were allayed after a special conference was held on Aug 8, 2007, by the Fatwa Committee National Council of Islamic Religious Aff airs Malaysia.

The Committee also decided that the mark would not interfere with abolutions as it did not stop water from touching the skin but cautioned against using more than the amount tested by experts.

92% Rakyat Mahu Daftar Pemilih Dibersih Sebelum PRU

Malaysiakini

Satu kajiselidik yang dibuat baru-baru ini – sehari sebelum perhimpunan BERSIH 3.0 - menunjukkan majoriti responden mahu daftar pemilih dibersihkan sebelum pilihan raya umum akan datang.

Menurut Merdeka Centre, 92 peratus daripada 1,019 orang yang dikajiselidik bulan lalu berkata kerajaan perlu melakukannya sebelum pilihan raya umum.

Keputusan itu hampir sebulat suara di kalangan responden pelbagai bangsa, kumpulan umur, jantina, pendapatan dan kawasan, dengan lebih 90 peratus daripada setiap kumpulan, menjawab dengan positif.

Kira-kira separuh atau 48 peratus daripada kumpulan yang sama juga berkata mereka tidak yakin dengan daftar pemilih.

Who is overseeing electoral reforms?

A think tank suggests that the PSC be turned into a permanent institution.

PETALING JAYA: The Election Commission (EC) has said it is ready to face the 13th general election, but one of the questions observers are asking is: What about the 32 recommendations of the parliamentary select committee (PSC) on electoral reform?

“What are the updates on the PSC suggestions? Exactly who is monitoring the implementation of these reforms?” asked K Shan, acting chairman of the National Institute for Democracy and Electoral Integrity (NIEI).

Last February, the government gazetted the use of indelible ink to ensure that no one votes more than once. In late April, the EC announced that it had managed to reduce the number of dubious voters on its roll to 40,803 from the January figure of 42,000.

However, there are many other issues to address before anyone can say that the electoral system has undergone meaningful reform.

Even the clean-up of the electoral has not gone far enough to satisfy critics. There are, for instance, still many cases of multiple voters registered under a single address. The PSC has suggested that Mimos Berhad, a government agency, be assigned to monitor the problem and continue with the clean-up. However, there has been no significant update on this.

PSC, in the report it released in early April, suggested that the EC display the names of dubious voters within 45 days for a quick clean-up of the roll. It has now been seven weeks since that report and the deadline is drawing close. We have yet to hear anything from the EC with regard to this suggestion.

Shan suggested that the PSC be re-appointed to oversee the progress of reforms. While acknowledging that the PSC was not the final voice of authority on electoral matters, he said its familiarity with the issues involved should not be wasted.

He even suggested that the PSC be turned into a permanent body.

“Of course, we are concerned over the short-term reforms, but we are suggesting that the PSC be made permanent to look into long-term reforms as well,” he said.

“Since the nine members of the panel are familiar with the issue, why don’t they just continue to oversee the implementation of the reforms? At least that will be better than the EC itself overseeing the reforms.”

Lack of political will



PSC member Anthony Loke said this was in fact one of the suggestions made in the April report. However, he added, the government lacked the political will to act on the recommendations.

“We suggested for a permanent committee to be established,” he said, “but there is a lack of political will to implement these suggestions. There is no mechanism to push for these reforms and there is no pressure whatsoever for the EC to act.”

Indeed, now that the PSC’s term of service has ended, Parliament is deprived of a means to request progress reports from the EC.

PSC chairman Maximus Ongkili said it was entirely up to the government to take up or reject any of the suggestions in the report.

“The committee that was suggested was to monitor the implementation of PSC’s 32 recommendations, to provide checks and balances,” he said.

Wong Chin Huat of the Bersih 2.0 Steering Committee, however, does not agree with the idea of a permanent PSC.

“Technically, the PSC falls under Parliament,” he said. “So if Parliament is dissolved, the committee also dissolves.

“We have enough institutions at the moment. What we need now is not more institutions but independent parties inside the existing institutions. The people who make up these institutions must have independent powers.”

The way Wong sees it, it is the general public that has the biggest role to play.

The public must demand reforms, he said. “They have to exert pressure on the EC to be more accountable.”

He disclosed that Bersih had embarked on a programme to encourage people to send faxes to express their discontent with the EC and to demand the resignation of its bosses.

“If only 500 people are doing it, that would not be enough,” he said. “If 500,000 people inundate the EC with such faxes, then of course the EC will feel pressured.

“Therefore, the public has to consistently exert such pressure, and not just rely on an institution.”

DPM: We have already fulfilled Bersih’s demands

KUALA LUMPUR, May 17 — Tan Sri Muhyiddin Yassin insisted today that the federal government had already bowed to Bersih 2.0's demands but merely failed to adequately explain it to voters.

Explaining, the deputy prime minister pointed out that the 22 recommendations tabled and approved in the Dewan Rakyat last month were far more than the election watchdog's eight requests for electoral reforms.

He added that of the eight demands, the Election Commission (EC) had already agreed to implement seven, including the use of indelible ink in the coming polls.

"The government does not act on emotions. We act using rationale, to explain issues.

"So perhaps there are those who think we have not explained enough and this leads to the assumption that the government has not given them (Bersih 2.0) what they want.

"On that part, we need to improve," he told the Wira Intellectual Discourse Series with the Universiti Teknologi Mara (UiTM) Alumni Association here.

But Muhyiddin (picture) insisted that the government had done its part through the process of engagement, pointing out that the recommendations were made by the Parliamentary Select Committee (PSC) for polls reforms which comprised members from both sides of the political divide.

He said it was better to use "engagement" instead of debate when dealing with matters concerning the opposition as the latter group usually had their minds already made up.

"The important thing is that we engage and I think the people know what we have done," he said.

Muhyiddin was replying to an alumni member who had asked his response to the perception that the government does not practice democracy; that it had failed to handle the Bersih 3.0 rally well; and that the media in Malaysia is biased.

"That's not true. It has become part of our commitment since we achieved independence to grant the people their rights (to free speech and assembly)," he said.

But Muhyiddin pointed out that the diversity of Malaysia's racial make-up makes the social fabric fragile and such freedoms must have its limitations within the boundaries of law.

"If we speak of democracy and that just anyone is allowed to issue open statements without giving consideration to the sensitivities of others, then this could cause chaos.

"So although we have democracy, this democracy is limited to constitutional considerations and the laws of the country," he said.

Bersih 2.0, a coalition of some 84 civil society groups, staged its third rally for free and fair elections or "Bersih 3.0" on April 28 after complaining that the PSC had failed to implement meaningful reforms to the country's election system.

The rally had however turned violent and chaotic shortly before 3pm when several protesters breached the barricades surrounding Dataran Merdeka and triggered the police to launch tear gas and water cannons to disperse the group of thousands.

EC Will Appoint Six Observers For 13th General Election From Among Local NGOs - Wan Ahmad

KUALA LUMPUR, May 11 (Bernama) -- The Election Commission (EC) will appoint six observers for the 13th general election from among local non-governmental organisations (NGOs), besides observers from outside the country.

Its deputy chairman Datuk Wira Wan Ahmad Wan Omar said the EC was expected to meet with local NGOs within a week or two to discuss the monitoring framework.

"The selected NGOs should abide by the conditions set by the EC, whereby they must not assist any party campaigning in the general election," he said when delivering a talk on 'Bersih 3.0 - What More Do They Want?' organised by the Special Affairs Department, Ministry of Information, Communications and Culture, here, Thursday.

Wan Ahmad said the EC had invited foreign observers from the Commonwealth Secretariat for the 1990 general election and also local observers through a body known as 'Malaysia For Free Elections' for monitoring purpose.

Meanwhile, he questioned the motive of the opposition which had been creating issues on the EC without showing any serious interest in obtaining explanations to the issues raised.

The EC had held briefings for politicians and those who came for the dialogues were mostly from Barisan Nasional and not even 10 from the opposition parties, he said.

"The opposition prefers to hold a press conference and would accuse the EC of not being transparent while none of them would come to the EC to get an explanation."

He said some of the demands made at the April 28 demonstration showed they were only politically motivated and not to help the EC to improve the existing system.

"An example is their attempt to get Malaysians living abroad to vote although these individuals had left this country a long time ago and some had not even returned at all."

Wan Ahmad said for Malaysians living abroad, they would be able to vote in this country's general election if they returned here at least once every five years.

He said that according to the EC electoral roll, only about 500 Malaysian citizens outside the country had registered as voters and they were civil servants serving at the Malaysian missions and students.

"But the opposition is portraying as though there are tens of thousands of Malaysians abroad who should be eligible to vote." he added.

Gov't withdraws Election Offences Amendment Bill

(Malaysiakini) In a rare move, the Election Offences Amendment Bill will be withdrawn from the Dewan Negara tomorrow following “a lot of resistance”.

According to Minister in the Prime Minister’s Department Nazri Abdul Aziz, the decision to abort the Bill was arrived at today after a 10-minute meeting between the government, the opposition and the Election Commission (EC).
"I will table the motion in the Dewan Negara tomorrow," he told reporters at the Parliament lobby today.

The means that the Election Offences Act remains at status quo for the next general election.

Nazri (left) said the decision was first made at cabinet level as the Senate are seeking two more amendments to the Bill.

The Dewan Rakyat passed the Bill last month but with changes, including holding back the amendment which disallowed political parties from assisting voters to check their names and voting streams.

Another amendment rejected by the Dewan Rakyat was one which allowed the Election Commission to dictate when and how long a candidate's polling and counting agents can stay in the polling stations.

Amendments passed include the proposal to remove the candidate's agents from the Election Commission registration booth (barong) and to remove requirement for all printed materials to have printers and publishers' details. [See chart below]

"Amendments made to the Bill by the Senate would have to go back to the lower house and withdrawing is a neater, better way," he said.

'More public consultation next time'

Nazri added that the EC had agreed to withdraw the Bill in entirety as more amendments made would render it pointless.

He said that the government had only acted as a "postman" in tabling the Bill to Parliament, and did not know the contents of the Bill which was proposed by the EC.

Nazri, who said that the Bill saw resistance from both government and opposition lawmakers, added that the government had tabled the Bill in toto as it had respected the EC's independence.

The minister said that the last time something like this happened was three years ago, when a Bill was sent back to the Dewan Rakyat.

"But the Dewan Rakyat did not take it up within three months and it lapsed," he said.

DAP parliamentary leader Lim Kit Siang, who was also at the press conference, said the EC should engage in consultation with all stakeholders before proposing a Bill to avoid this happening in the future.

In an immediate response, the EC chairperson Abdul Aziz Mohd Yusof (left) denied the withdrawal was a slap in the face for the commission, who mooted the amendments.

"Not really. We had our meeting chaired by Speaker of the Dewan Negara and attended by Nazri and Lim before the press conference.

"We consulted each other and finally all agreed to abort it," he told Malaysiakini in a text-message.

Tribunal sought on 'Umno links' of EC head, deputy

EC heads should have declared Umno ties, says Bersih

Ambiga said Wan Ahmad’s (left) remarks illustrated the EC’s lack of independence. — File pic

KUALA LUMPUR, April 27 — Tan Sri Abdul Aziz Mohd Yusof and Datuk Wan Ahmad Wan Omar should have disclosed the fact they were Umno members when they were first appointed to the Election Commission (EC), Bersih said today.

Bersih co-chairman Datuk Ambiga Sreenevasan said the admissions by chairman Abdul Aziz and his deputy that they were once and possibly still are Umno members, were “shocking”.

She said what was “telling” were Wan Ahmad’s remarks made during a Sinar Harian interview published today, in which he had said he considered himself a “government servant.”

“He really thinks he is still a government servant. That’s our problem with the EC; it is supposed to be independent.

“If you have ever been a member of a political party, you should disclose it when you are appointed (to the post),” she said.

Ambiga said the EC duo had to do some serious “soul-searching” and ask themselves whether they were really impartial.

“Ultimately, we are asking for their resignation, and this information has just proven our concerns,” the lawyer added.

PKR has also demanded Abdul Aziz and Wan Ahmad resign from their posts, and has furnished evidence to show that the two are still Umno members.

Both EC officials have admitted that they could have been Umno members a long time ago, but stressed that it did not affect their ability to carry out their professional duties.

They took great pains to point out that their Umno memberships were from a long time ago and they were inactive members, having not paid any dues or attended party meetings.

The duo have come under intense scrutiny in the past year over claims of fraud in election practices and the electoral roll as federal polls draw near.

The EC was heavily criticised in the lead-up to Bersih’s rally for free and fair elections on July 9 last year in which tens of thousands flooded the streets of the capital in chaotic scenes that saw over 1,500 arrested, scores injured and the death of an ex-soldier.

Widespread condemnation of the Najib administration’s clampdown saw Putrajaya make major concessions including announcing a bipartisan Parliamentary Select Committee to look into improving the electoral system.

During the committee’s six-month tenure, Pakatan Rakyat (PR) accused the EC of not being committed to reforms and eventually rejected the panel’s findings.

Early this month, Bersih, a coalition of 84 civil societies, also announced a sit-in protest at Dataran Merdeka for tomorrow, saying the findings of the select committee were disappointing and did not meet its demands for electoral reform.

Abdul Aziz became EC chairman on January 2009 while Wan Ahmad was appointed in 2007

Stage Set for Malaysian Electoral Confrontation

Are we set for another one of these?

Street theatre intensifies prior to expected election
(Asia Sentinel) Rejection of a request by the electoral reform group Bersih to hold an April 28 sit-in at Dataran Merdeka (Indepedence Square) is a gamble that could turn into a public relations disaster for the Malaysian government, observers in Kuala Lumpur say.

Representatives of the Kuala Lumpur City Council Friday notified Bersih, a coalition of some 150-odd organizations demanding what they term as free and fair elections, that the permit wouldn’t be granted.

The Bersih 3.0 protest hadn’t been gaining the traction that its predecessor did in July of 2011, when what the organization says were 50,000 marchers were set upon by police with water cannons and tear gas. The resultant outcry in the international press and by human rights organizations shaved 20 percentage points off Prime Minister Najib Tun Razak’s popularity in public opinion polls.

Najib was forced to go onto the offensive, offering a series of amendments or replacements for unpopular laws including the Internal Security Act, the Publications and Printing Presses Act and several others. His popularity has since rebounded from a low of 59 percent in the wake of the crackdown. It is difficult to imagine that with an election believed to be a month or two away he would dare that kind of opprobrium again.

The Barisan Nasional is currently pulling out all the stops to get the polls underway, with preparations “in full swing,” one United Malays National Organization party operative recently told Asia Sentinel. Najib’s personal popularity, currently at 69 percent, is built on improving public confidence in the general economy and considerable pump-priming with a budget built to please the rakyat, or public. The government can probably expect to stay in power, political observers say, although there is little chance of regaining the historic two-thirds majority in parliament that the coalition had held since independence until 2008.

But while Najib may be personally popular, the Barisan is not. The Malaysian Chinese Association, the second biggest party in the government, is beset with a massive scandal over construction of the Port Klang Free Zone, which is mired in billions of ringgit of debt. The Merdeka Center poll that gave Najib a comfortable lead found that fully a third of those who thought he was doing a good job would vote for the Pakatan Rakyat, the three-party opposition coalition made up of the ethnic Chinese Democratic Action Party, the Islamic fundamentalist Parti Islam se-Malaysia, and opposition leader Anwar Ibrahim’s own Parti Keadilan Rakyat, or People’s Justice Party, largely made up of urban ethnic Malays.

The thinking of those gambling on shutting down the rally apparently is that Dataran Merdeka is not listed among the places permitted under the Peaceful Assembly Act which was only recently passed by the Dewan Rakyat. Jaringan Melayu, a Malay NGO, was recently banned from protesting there. The theory is that enough people will see Bersih as lawbreakers that they will be turned off by their tactics.

“Why does Bersih think they can break the law and hold the government to ransom?” asked an UMNO source. “Are they above everyone else? Law abiding citizens have to give way?”
In the practice of street politics, however, that hardly matters.

“This Bersih sit-in was not getting the kind of attention that last year’s did, and in fact last year’s only got going after the authorities came down hard on the organizers and started blocking roads, having road blocks on the highways from the north and south leading to KL, etc.,” a Kuala Lumpur businessman told Asia Sentinel. “That created the mood with grouches, those unhappy with the hardline approach, those who for any reason were unhappy with the Barisan Nasional, to try to sneak past the road blocks. The crackdown is what made that rally iconic.”

In effect, Bersih, also known as the coalition for free and fair elections, is thus looking for the same kind of reaction from the government. Earlier, it appeared they weren’t going to get it. Hishamuddin Hussein, the minister for home affairs, said earlier that the rally hadn’t apparently caught fire like the previous one, that it was not a security threat and “has little traction with the people"

“But by not giving them the permit, and knowing that these guys will go ahead and do the sit-in anyway, the city has again ignited the fuse which will make even ordinary people turn up for the protest,” the businessman said.

Apparently anger has already been rising because thugs apparently linked to UMNO roughed up student demonstrators at the same location Thursday.

“I don’t understand it actually – it looks like the authorities want to turn public opinion against themselves,” the businessman said. Public opinion could also be affected by a demand by Pertubuhan Pribumi Perkasa Malaysia, or Perkasa, a Malay supremacy NGO closely linked to UMNO, to be given a police permit to rally at 9:30 am on the same day at Dataran Merdeka, allegedly to defend the country’s monarchy.

Ibrahim Ali, Perkasa’s firebrand leader, has repeatedly threatened violence against opposition figures over so-called ketuanan Melayu, translated roughly as Malays first, or ethnic Malay primacy in government and society.

Bersih’s steering committee was notified of the decision to ban the sit-in Friday morning. Steering committee member Maria Chin Abdullah told local reporters the city said the event is not suitable to be held at the Independence Square, which is to be used only for events of “national level" such as celebrations.

"We regret to inform that your application cannot be approved as the activity intended is unsuitable to be used in Dataran Merdeka as stipulated by the (the city), the letter said. “Only national level events are allowed at the Dataran like the National Day celebration and Federal Territories Day."

Responding to the rejection, Ambiga Sreenavasan, former head of the Malaysian Bar Council and one of Bersih’s leaders, told local reporters she was “not surprised” and that the sit-in will proceed as scheduled.

She added that the coalition will not appeal the decision, and that it will continue with preparations including dealing with police who have asked the NGO to come in to fill in some forms.

“If there are any obstructions (by city officials) on the day, we will negotiate with them,” she said.

Bersih is organizing the event after charging that the government and the Election Commission refused to implement the coalition's eight demands to clean up what they regard as practices designed to thwart the opposition’s chances for a fair election.

Himpunan Hijau, a protest group seeking to stop the operation of an Australia-owned rare-earths processing plant in based in Kuantan on the east coast, is expected to join the Bersih rally. The opposition has made stopping the plant a major campaign issue. Himpunan Hijau held a rally attended by thousands in Kuantan earlier this year.