August 2010 Abstract
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Digital Democracy in Malaysia: Towards Enhancing Citizen Participation Nor Mazny Abdul Majid A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy School of Law Faculty of Business and Law Victoria University Melbourne, Australia August 2010 Abstract Digital Democracy in Malaysia: Towards Enhancing Citizen Participation This thesis investigates the relevance of digital democracy in enhancing citizen participation in policy making within the Malaysian civil service. A qualitative research method is applied through an empirical, in-depth interview based, data collection exercise of a sample of civil servants and commentators on government and technology in Malaysia. It assesses, from a broad perspective, the possible contribution of Information Communications Technology (ICT) in strengthening citizen participation in the democratic processes of government. In these contexts it offers a perspective on how the legal, political and social interpenetrates. The literature reviewed covers: the concept of democracy and assumed influences of ICT on democratic processes; Malaysia’s history with a focus on nation building, the civil service and also its government’s ICT agendas; and, laws structuring citizen participation in government in Malaysia, framed within autopoietic theory. This, as a metaphor, offers a flexible perspective of law’s affect on its environment and vice versa, and, further illustrates and emphasises the importance of context. The findings suggest that civil servants agree that there are numerous opportunities for policy making to benefit from digital democracy practices based on ICT. However there is a gap between their appreciation of this potential as a concept and their confidence in its implementation in policy making within the civil service. Civil servants are not ready to hand over the role of defining the process and content of policy making to citizens. Civil servants are generally uncertain about the actual value or weight they are willing to afford to inputs from digital democracy practices and what its influence on policy making will be. The thesis is significant because it describes, from viewpoints within the civil service, the role of ICT in enhancing citizen participation in democratic processes within a context of issues, benefits, enablers and barriers to citizen participation in policy making. This description is placed against a background of the history, culture and law which situates Malaysian civil servants’ understanding of the concept of digital democracy and how they frame its relevance to policy making. The research informs the formulation of policy for the use of digital democracy practices in Malaysia. More generally, it contributes to the debate over the factors, including historic democratic practices, which affect the capacity for ICT to enhance participatory democracy. Through this focus on a South East Asian state and its civil service, the study explores new dimensions and offers a significant contribution to the emerging field of digital democracy. II Stud ent Declaration “I, Nor Mazny Abdul Majid, declare that the PhD thesis entitled Digital Democracy in Malaysia: Towards Enhancing Citizen Participation is no more than 100,000 words in length including quotes and exclusive of tables, figures, appendices, bibliography, references and footnotes. This thesis contains no material that has been submitted previously, in whole or in part, for the award of any other degree or diploma. Except where otherwise indicated, this thesis is my own work.” Signature: Date: III III Acknowle dgement I thank God for it is only with His blessings that this PhD journey has reached a rewarding destination. It has been an exceptional journey for which I am forever indebted to many. First and foremost, I would like to express my deepest appreciation to my supervisor, Professor Neil Andrews. As much as his constructive criticism and comments have been invaluable, it is his patience, compassion and enthusiasm which is inspirational. Much appreciation is also due to my co-supervisor, Dr Scott Beattie for his valuable inputs and comments. I would also like to thank the wonderful people at the Faculty of Business and Law. A special thank you to Tina Jeggo, from whose dedication I benefited enormously. My heartfelt appreciation to my respondents, for their generous assistance, time and contributions. Thank you to friends, Wan, Zul, Ju, Aida, Zainah, Nikki, Effy, Annie and others who shared the postgraduate office. Their continued support, warmth and humour were critical to the overall enjoyment of my time at Victoria University and will forever be cherished. Thank you to my family for their emotional support and endless prayers. To my mother, Che Pora Abdul Hamid for her unquestioning love and devotion. To my children Adam and Afaf, my love for them makes me strive to improve. The motivation and drive to start this journey came from my husband, Abdul Gapar Abu Bakar. I am truly fortunate to have his love, support and understanding. My late father, Abdul Majid Salleh, always believed in his girl. I dedicate this work to his memory. IV IV Preface This thesis records a qualitative research project which aims to assess the role of ICT in enhancing citizen participation in democratic processes. It addresses the following primary and subsidiary research questions: • Primary question: How relevant is digital democracy towards enhancing citizen participation in policy making within the Malaysian civil service? • Subsidiary question 1: Will the potential of technology in disseminating information, facilitating interaction and conducting political transactions through digital democracy practices be used to increase the transparency, efficiency, flexibility, cost-effectiveness, and inclusiveness of policy making in the Malaysian civil service? • Subsidiary question 2: To what extent will digital democracy practices be integrated in the practices of Malaysian civil service institutions and how will they affect actual policy making processes? • Subsidiary question 3: Will the potential of digital democracy be used optimally in integrating the basic elements of the entire policy making process in the Malaysian civil service? • Subsidiary question 4: Will digital democracy practices for policy making in the Malaysian civil service be such that people involved may influence issues of interest? Points of Departure This thesis emerged from my personal experience as a civil servant with a background in legal studies, and a growing personal interest in the field of information and communication technologies (ICT). Informed by fifteen years of experience in the management and diplomatic scheme, within the Malaysian civil service, I am aware that civil servants have a predominant voice in policy making. I also appreciate that first and foremost, civil servants are individuals with outlooks or attitudes based on their personal experience and dispositions. This has led me to question how their V V views on ICT processes and new policy styles, as well as their views on citizen participation in policy making, will influence the inclusion or exclusion of digital democracy practices in policy making within the civil service. Being both an insider 1 (by virtue of being a civil servant), and a researcher, makes me a “familiar stranger”. I feel that my proximity to the environment that I am researching increases my ability to better evaluate opinions and information, and to interpret them. In essence, this thesis, which is exploratory in nature, is written from the point of view of a civil servant, with the purpose of making sense of, and offering insights into the complexities of the Malaysian civil service. Moving beyond the personal, to begin with, there is growing interests in the assumed influences of ICT particularly of the internet on democratic processes. The potential ICT holds for distribution of and access to information, as well as reinforcing interactivity between citizens and governments, has led to it being hailed as a changer of political lives. In the wake of this development, lies the concept of digital democracy, defined by Hacker and Dijk as “… a collection of attempts to practise democracy without the limits of time, space and other physical conditions, using ICT or CMC [Computer Mediated Communication] instead, as an addition, not a 2 replacement for traditional ‘analogue’ political practices … .” The qualifications in this definition, that the concept is “a collection of attempts” and “an addition, not a replacement”, suggest some holding back by the authors. A review of the literature revealed that among scholars, some view the social and political identities of a society and its existential base in relation to citizen participation as being formed in specific cultural and institutional contexts. Such views posit that states have their own conceptions and variants of democracy and continue to be differently democratic, and that ICT does, and will, not necessarily enhance democracy by increasing citizen participation or citizen power. These views, which express hesitations and restraints, suggested the importance of taking a step back to 1 A concept first introduced by Stanley Milgram, to depict an individual who is recognised from regular activities, but with whom one does not interact. 2 Hacker and Dijk, What is Digital Democracy, In Hacker and Dijk (eds.), Digital Democracy Issues of Theory and Practice , (London 2000) 1, emphasis in or iginal . VI VI analyse and understand