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SHAM DEMOCRACY A Report on Malaysian Elections

Prepared by Parti Keadilan Rakyat (People’s Justice Party)

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CONTENT

1. Abbreviations 2. Foreword 3. Executive Summary 4. Issues: a) Non-Independent Election Commission b) Erosion of Democratic Space c) Manipulation of Racial Issues 5. Towards Free and Fair Elections 6. Select Bibliography

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ABBREVIATIONS

BN (National Front) DAP Democratic Action Party EC Elections Commission Gerakan Parti Gerakan Rakyat (Malaysian People·s Movement Party) ISA Internal Security Act 1960 keADILan Parti Keadilan Rakyat (People·s Justice Party) MCA Malaysia Chinese Association MIC Malaysia Indian Congress MP Member of Parliament PAS Parti Islam Se-Malaysia (Pan Malaysia Islamic Party) PBS Party Bersatu (Sabah United Party) PPP People·s Progressive Party RTM Radio Televisyen Malaysia Suaram Suara Rakyat Malaysia (The Voice of Malaysians) SUHAKAM Suruhanjaya Hak Asasi Malaysia (Malaysian Human Rights Commission) UMNO United Malays National Organisation

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FOREWORD

keADILan has been consistent since its establishment in seeking free and fair elections for Malaysia. Indeed, free and fair elections should be a basic feature of all modern states in the world. The first core principle for keADILan is ´to establish a society that is just and a nation that is democratic, progressive and unitedµ.

Unfortunately in Malaysia, our elections are fraught with various abuses and weaknesses. The ruling party has sustained this democratic deficit to defend their monopoly of power. Nevertheless, the Opposition in Malaysia continues to participate in these elections, believing that Malaysia must continue to be reformed through constitutional and peaceful means.

I congratulate the Central Elections Committee of keADILan for preparing this extensive report. I hope it can be a useful reference material to illustrate the many problems facing elections in Malaysia. Indeed, the report goes on to list concrete proposals for reform, which the party believes should be adopted to ensure free and fair elections in Malaysia.

Dr. Wan Azizah Ismail President of keADILan Member of Parliament for Permatang Pauh

September 2, 2006

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EXECUTIVE SUMMARY

Free and fair elections are the cornerstone of a modern democracy. Democracy, at least in theory, is widely accepted throughout the world where governments are elected through elections. But in many countries, the elections are deeply defective so as to undermine democracy itself.

Malaysia is one such country. On the one hand, Malaysia is a beacon of success: a multi- racial population and a robust economy led by a government elected by elections since its independence from Britain in 1957. Following the tragedy on September 11, 2001, Malaysia has become a crucial Muslim ally for the United States in the War on Terror.

Nevertheless, the War on Terror is being exploited by the BN regime as a pretext to unleash a new wave of repression against their opponents.

This façade of success is further undermined by a crucial fundamental flaw: the election process is neither free nor fair.

We will analyse both immediate and broad factors that affect Malaysian elections. We believe that a true picture of Malaysian elections can only be provided by looking at the whole range of issues affecting the matter:

§ Non-independent elections commission; § Erosion of democratic space; and § Manipulation of racial issues.

We will rely especially on reports of widespread abuses and irregularities during the last general election in March 2004 and the subsequent state election. We have also discovered irregularities in the current electoral roll following an in-depth computer analysis.

The sad state of the democracy in Malaysia is largely due to the fact that the ruling coalition has been in power since independence. This has blurred the separation between the ruling coalition as political organisation and the state, which academician Khoo Boo Teik noted:

´The political system is not, strictly speaking, a one-party state. But in practice over an unbroken tenure of government, BN has virtually conflated state and ruling coalition, not least in the coalition·s exercise of vast powers of incumbency. BN has at its disposal an imposing array of state resources including, generally, the command of administrative apparatuses, the control over economic resources, and the ownership and regulation of mass media.µ1

In turn, this has severely skewed the democratic process, which as a result, always returns the ruling coalition to power. This vicious cycle prevents the creation of a truly democratic

1 Khoo Boo Teik, ´Limits to Democracy: Political Economy, Ideology and Ruling Coalitionµ presented at the Workshop to Finalise Research on the Electoral System in Malaysia by Universiti Kebangsaan Malaysia, January 24-25, 2003, p. 16.

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Malaysia. The future of Malaysian democracy rests on a willful and sustained attempt to stop this vicious cycle and overcome the democratic deficit.

In addition, please refer to the 2004 keADILan report, Fraud and Rigging in the Malaysian 11th General Elections, which was supported by 227 pages of evidence. This was submitted to SUHAKAM and the Keeper of the Rulers· Seal on April 2, 2004.

At the end of this report, we will present our proposals in order to achieve democratic renewal in Malaysia. We believe that Malaysians deserve to exercise their democratic rights in free and fair elections as stakeholders in the future of country. By taking best practices from democracies around the world and adapting them to the unique needs of the country, we believe it is possible that Malaysia can add an enviable election system to its list of achievements.

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A NON-INDEPENDENT ELECTIONS COMMISSION

The key to free and fair elections would be an independent EC. Sadly, in Malaysia, this is not the case.

EC·s role basically is to conduct elections. This includes not only administering the elections per se, but also acting as a guardian to ensure free and fair elections which include preparing a comprehensive and clean electoral roll as well as periodically reviewing and recommending changes in both federal and state electoral constituencies.2 The importance lies in its discretionary powers, and the EC has failed to exercise its discretion independently, going against the fundamentals of a modern democracy.

Composition

As mentioned above, the members of the EC are appointed by the King in consultation with the Conference of Rulers. In practice this means the Prime Minister ² the leader of the governing party ² has considerable influence in this appointment.

Article 114 of the Federal Constitution states that individuals appointed must enjoy ´public confidenceµ. The proposal from the Reid Commission which drafted the Malaysian Constitution was far broader: the individual must enjoy ´the confidence of all democratic parties and of persons of all communitiesµ. Nevertheless, this is now balanced with certain formal requirements that meet the purpose of the Reid proposal, including recognising that members can only be removed in a method similar to a judge in the Supreme Court3.

Practically, at present, members are drawn from the civil service. In effect, the members are deemed as ´safeµ by the ruling party.4 The current chairman, Abdul Rashid Abdul Rahman was a civil servant all his life up to his retirement while the rest are all federal or state bureaucrats or diplomats.

Abdul Rashid has in fact gone on record to admit that the absence of certain laws has made Malaysian elections unfair, as the EC is powerless in many areas to ensure a level playing field.5

The present secretary of the EC, Kamaruzaman Mohd Noor, is at present still a member of the civil service. As a result, he wears two hats, and is answerable to the Chief Secretary to the Government first before the EC! Furthermore, in election time, the returning officers who are appointed to safeguard the electoral process on polling day are government district officers. The district officers are required by convention to accompany incumbent cabinet

2 Lim Hong Hai, ´Making the Malaysian Electoral System Workµ presented at the Malaysian Electoral Reform Workshop: Advocacy and the Role of Opposition by Research for Social Advancement and the National Democratic Institute for International Affairs, July 22-25, 2005, p. 2. 3 Ibid., p. 4. 4 Ibid., p. 6. 5 -, ´EC Chief Says Polls Unfair« To a Certain Degreeµ, , January 31, 2005, at http://www.malaysiakini.com/news/33265, accessed on August 14, 2006.

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ministers on the campaign trail as the ministers dole out various projects and approve handouts to the constituency. This is a clear illustration of conflict of interest and the appearance of bias. In addition, election officers who oversee the actual election process are also generally civil servants, i.e. government teachers.

Article 115(1) allows the EC to appoint its own staff, which would be essential for it to carry out its duties. Unfortunately, EC has relied on the civil service for personnel, making it a de facto government department and further limiting its independence.

Gerrymandering

It is usual that there exists a disparity between popular votes and Parliamentary seats in any first-past-the-post system. In Malaysia this is heightened by BN·s dominance that has resulted in gerrymandered seats.

Hence, even in times of political crisis, while BN may experience a dip in popular votes, they have always but once maintained a two-third majority in Parliament.

Table 16 Shares of Parliamentary Seats Compared with Share of Popular Vote, General Elections 1959-1999

Alliance/Barisan Nasional Combined Opposition Election Total no. No. of % of No. of % of Year % of seats % of seats of seats seats votes seats votes 1959 74 71 51.7 30 29 48.3 104 1964 89 86 58.5 15 14 41.5 104 1969 95 66 49.3 49 34 50.7 144 1974 135 88 60.7 19 12 39.3 154 1978 130 84 57.2 24 16 42.8 154 1982 132 86 60.5 22 14 39.5 154 1986 148 84 55.8 29 16 41.5 177 1990 127 71 53.4 53 29 46.6 180 1995 162 84 65.2 30 16 34.8 192 1999 148 77 56.5 45 23 43.5 193 2004 198 90 63.9 21 10 36.1 219

As a local academician noted:

´In reality, BN·s structural advantage is allied to other characteristics of the electoral system, such as gerrymandered constituencies and a carefully calibrated distribution of constituencies (meaning, for instance, the post-1999-election creation of new parliamentary seats in all states except PAS-ruled and .µ7

6 Funston, John, ¶Malaysia: A Fateful September·, in Funston, John & Singh, Daljit, Southeast Asian Affairs 1999 (: ISEAS, 1999), pp. 165-84. 7 Khoo Boo Teik, ´Limits to Democracy: Political Economy, Ideology and Ruling Coalitionµ presented at the Workshop to Finalise Research on the Electoral System in Malaysia by Universiti Kebangsaan Malaysia, January 24-25, 2003, p. 17.

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Opposition leader Lim Kit Siang has long accused that the EC consults with the government in the constituency delineation process.8 In fact, for the 2002 delineation, the Chairman openly admitted that he actually met the PM at the start of the process!9 Needless to say, this was a privilege granted only to the ruling coalition.

In 1960, the EC constituency delineation exercise was not well received by UMNO. The government responded by introducing a constitutional amendment which only allows the EC to ¶recommend· delineation to the PM to present to the Parliament for simple majority approval. Since BN has always controlled two thirds of Parliament except in 1969, this has allowed constituency delineation to disproportionately meet BN·s wishes.

The original Federal Constitution provided that disparities between constituencies must not exceed 15%. The 1962 amendments removed that safeguard, resulting in great disparities in terms of the size of constituencies. The East Malaysian states of Sabah and Sarawak, for example, have always been favoured in terms of the number of constituencies compared to Peninsula Malaysia. As ultimately constituencies delineation is passed by the BN-majority Parliament - whether this fact is entirely due to the rural nature of the two states or whether because they have generally been reliable sources of support for the government ² is highly arguable. In 1994 for example, the largest constituency of in Peninsular Malaysia is more than 5 times the smallest constituency ² Hulu Rajang in Sarawak with 15,822 electors.10 Dr. Dzulkifli Ahmad, Head of Research for PAS argued that the previous principle of allowing for slight disparities between rural and urban seats is no longer the case: the weighting now only favours the BN strongholds.11

Referring to the most recent delineation exercise, Francis Loh Kok Wah noted that the government ´added more seats in parliament and redrew the boundaries of existing seats where the Opposition PAS had done very well in the past. A colleague is now using the GIS (Geographic Information System) to try to map out how the constituencies in Malaysia no longer follow natural boundaries or district boundaries, but cross this way and that. It was gerrymandering all the wayµ.12

Any huge disparity undermines the one-man, one vote principle because a constituency with a big number of voters needs more electors to get a single MP compared to a constituency with a smaller number of voters. Surely this undermines Malaysia·s status as a modern democracy.

8 Lim Hong Hai, ´Making the Malaysian Electoral System Workµ presented at the Malaysian Electoral Reform Workshop: Advocacy and the Role of Opposition by Research for Social Advancement and the National Democratic Institute for International Affairs, July 22-25, 2005, p. 7. 9 , August 8, 2002. 10 Ibid., p. 17. 11 Malaysian Electoral Reform Workshop: Advocacy and the Role of Opposition by Research for Social Advancement and the National Democratic Institute for International Affairs, July 22-25, 2005. 12 Francis Loh Kok Wah in Statesmen or Manager? The Image and Reality of Leadership in Southeast Asia by Centre for South East Asian Studies and Political Economy Centre of the Department of Economics and the Faculty of Political Science, University of Chulalangkorn, April 2, 2004.

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Phantom Voters

One serious problem that has persisted in Malaysian elections is the issue of ¶phantom voters·, i.e. non-qualified individuals whose names appear on the electoral rolls. Another related problem is ¶missing voters·, i.e. qualified and registered individuals whose names are missing from the electoral rolls. Indeed, the issue of who gets included in the electoral roll and who gets excluded is a fundamental problem in Malaysia. Adding to this is the issue of registered voters who are moved to other polling districts without their knowledge.

For a long time, the issue of phantom voters have been haunting Malaysia. In the 1990 general elections, a team of Commonwealth officials who observed the election raised the issue with the EC, which duly acknowledged that there were discrepancies affecting 300,000 voters or 4% of the electorate. This acknowledgement attracted a strong denial from the Prime Minister·s Department.13

In the state of Sabah, the Opposition parties claim that the ¶phantom voters· phenomenon is perpetuated through the use of forged identity cards issued to the large immigrant population. This claim was recognised by the election court in 2001 when it annulled the 1999 election in the state constituency of Likas for the presence of ¶phantom voters· on the electoral roll.

In his judgment, Justice Muhammad Kamil said:

´The instances of non-citizens and phantom voters in the electoral roll disclosed at this trial may well be the tip of the iceberg« The exposure of fraudulent practices such as massive registration of phantom voters is time consuming. However, it has to be done if we wish to defend and preserve the meaningful practice of democracy in Malaysia. As custodians of free and fair elections, the EC is duty bound to do it.µ14

Unfortunately, in response to this ruling, the government moved fast to take advantage of their control of Parliament to pass a Constitutional amendment in 2001 whereby the electoral roll is non-disputable once it is gazetted. This removes any legal avenue to challenge the electoral roll. Given the history of EC·s ineptness at updating and maintaining a clean electoral roll, this severely undermines Malaysian democracy as it legitimizes phantom voters.

There are many characters of ¶phantom voters·. Simply to illustrate the many reports of ¶phantom voters· we cite the following examples in the 2004 general election.

In the polling district (099/20/02) there were four voters complete with their national registration identity card numbers, who could vote more than once. Similarly, a Siti Rohana bte Abdullah (NRIC No. 630110-10-8116) could vote in both Sri Serdang and Sabak

13 Lim Hong Hai, ´Making the Malaysian Electoral System Workµ presented at the Malaysian Electoral Reform Workshop: Advocacy and the Role of Opposition by Research for Social Advancement and the National Democratic Institute for International Affairs, July 22-25, 2005, p. 28. 14 Harris Mohd Salleh vs. the EC and Ors (2001)

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Bernam. In Hulu Kelang, , keADILan Vice President Mohamed Azmin Ali found out that the ¶phantoms· were closely connected to him: six voters ² five of which were Chinese ² were registered at his mother·s house (a Malay) without her knowledge and voted in that election.

These cases are rampant when voters are ferried from outside the constituency on polling day. In the by-election in 2001 in Lunas, , keADILan activists managed to stop eight busses that were ferrying these phantom voters from and Selangor on polling day. While their act was to protect the sanctity of the Lunas election, they were charged for rioting! Twelve opposition leaders, mainly from keADILan, were charged for this act in court, but were finally acquitted after five years of trial on June 30, 2006.

Azmin·s father, Ali bin Omar (NRIC No. 280903-02-5057) who had passed away nearly 5 years before, was also registered on the roll ² and actually voted! Another example of a demised person who voted in the 2004 General Elections was Zahara binti Ahmad (NRIC No. 440414-10-5494) in the Kelang Gate polling district (098/18/02). 15

A study conducted by an election observer group indicated that in Lembah Pantai, 37.6% of the voters· addresses were untraceable. One wooden shack with a zink roof in Kampung Kerinchi, Kuala Lumpur, that housed a modest sundry shop, was supposed to house 142 voters according to the electoral roll! Unsurprisingly, the shop owner was shocked when asked whether his shop had 142 people living in it.16 Similarly, the electoral roll in Kampung Kelang Gate, Hulu Kelang, contained six voters using fictitious addresses which depicted that they were living in high-rise apartments or flats. However, Kampung Kelang Gate is a traditional Malay village without a single high rise building.17

On the exclusion of voters ² the most striking instance is to be found in the of Reformasi when 680,000 young voters (7.26% of the electorate) were denied the opportunity to vote because the BN government was wary that they might vote for the Opposition. The EC claimed that they did not have enough time to process their registration in May in time for the November 1999 elections. This was a severe disenfranchisement that affected the credibility of Malaysian elections to the core.

While the EC seems to have problems in updating their records of registered voters, they have no qualms in recording voting choices during Election Day. There are serial numbers on the ballot paper and its corresponding counter-foil which are recorded by election officers and announced in the voting hall. This would naturally cause fear among voters that their vote could be traced by the powers that be. This is a clear violation of the secret ballot principle.18

Another persistent issue in Malaysia is the postal vote. Postal voters consist of army and police personnel, their spouses, as well as Malaysians working and studying overseas. In 1999

15 National Justice Party (keADILan), Fraud and Rigging in the Malaysian 11th General Elections, 2004, pp. 8-9. 16 Ibid., p. 10. 17 Ibid. 18 Ibid., pp. 11-12.

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they comprised 2% of the electorate.19 The cause of controversy often stems from postal votes from the defence and security forces. The voting process is not scrutinised under the usual procedures ² leading to allegations of police and army officers being ¶ordered· to vote for BN.20

In addition, there were also ordinary voters who were classified as postal voters. One Hatijah bte Abu Bakar (NRIC No. 600729-01-5418) who lives in Setapak, Kuala Lumpur, was registered as a postal voter in the Bota state constituency in Parit, .21

The main issue here is the inefficiency of the EC in updating the electoral roll. Under the present system, even assuming no ulterior motive from any party, the EC included, it is an extremely strenuous task to update and clean up the electoral roll come each election. What is surprising is that Malaysia possesses an efficient compulsory national registration system for all citizens who are 12 years old and above. There appears to be a mismatch between a first world National Registration Department and a third world EC.

Recently, the EC is now promoting for political parties to register voters. What is worrying is that this outsourcing of voter registration (a duty for the EC) is that the EC will now be able to identify voters who support or are sympathetic to the Opposition. Based on the various irregularities detailed above, it would not be a surprise if these voters face problems in the electoral roll.

Furthermore, while the continued existence of dead voters may suggest inefficiency in updating the electoral roll, the fact that these dead voters voted raises a big question mark on the integrity of Malaysia electoral process.

keADILan’s Computer Analysis Software

We have just successfully developed a Computer Analysis Software based on the 2004 electoral roll, utilising the latest information technology. This can detect both the occurrence as well as the methodology of fraud, as well as providing an in-depth voting trend analysis.

As a result, our analysis revealed the existence of phantom polling stations, i.e. polling stations that do not exist. In the Gombak parliamentary constituency, Selangor, in the 2004 general elections, there were two identical polling districts, Kemensah (098/18/04), but with two different results. There was only one polling district in the state constituency. There are also voters without polling booths. In Selangor alone this amounted to 223,950 voters ² and the confusion which arose from it in the 2004 elections caused ugly commotions. We also found a curiously substantial number of voters aged from 90 to 122 years in Selangor,

19 Lim Hong Hai, ´Making the Malaysian Electoral System Workµ presented at the Malaysian Electoral Reform Workshop: Advocacy and the Role of Opposition by Research for Social Advancement and the National Democratic Institute for International Affairs, July 22-25, 2005, p. 33. 20 Hector, Charles, ´Handy Tips on Monitoring Postal Votesµ, Aliran Monthly, April 2004 at http://www.aliran.com/oldsite/monthly/2004a/eb.html accessed on May 21, 2006. 21 National Justice Party (keADILan), Fraud and Rigging in the Malaysian 11th General Elections, 2004, p. 11.

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Federal Territory of Kuala Lumpur, , Perak, and Kedah, totaling 20,048 voters as well as those without the new identity card numbers, totaling 57,068 voters. The new identity card was introduced more than 15 years ago.

Table 222 Voters without Polling Booths, 2004 Elections Parliament State Constituency Polling District Total Voters Ampang Lembah Jaya Lembah Jaya 6,198 Ampang Lembah Jaya Taman Kosas 4,827 Ampang Lembah Jaya Taman Tun Abdul Razak 1,655 Gombak Gombak Setia 5,805 Gombak Gombak Setia Taman Sri Gombak 9,326 Hulu Langat Batu 14 Hulu Langat 2,927 Hulu Langat Dusun Tua Batu 9 Cheras 3,500 Hulu Langat Dusun Tua Kampung Sungai Raya 1,211 Hulu Langat Dusun Tua Sungai Serai 3,369 Hulu Langat Dusun Tua Taman Cuepac 4,082 Hulu Langat Cheras Utara 3,441 Hulu Langat Kajang Sungai Kantan 3,046 Hulu Langat Kajang Taman Mesra 2,169 Hulu Langat Sesapan Kelubi 1,465 Meru Bukit Kapar 4,454 Kapar Meru Meru 3,618 Kapar Meru Taman 5,703 Kapar Selat Kelang Kuala Klang 1,231 Kapar Selat Kelang Sungai Udang 5,078 Kapar Sementa Batu 9 Kapar 3,382 Kapar Sementa Kampung Batu Empat 2,633 Kapar Sementa Pekan Kapar 5,399 Kapar Sementa Sementa 3,623 Kapar Sementa Taman Klang Utama 3,669 Kapar Sungai Pinang Rantau Panjang 3,188 Kapar Sungai Pinang Sungai Pinang Utara 3,580 Kuala Langat Kebun Baharu Teluk 3,388 Kuala Langat Sijangkang Teluk 4,147 Bukit Melawati Kuala Selangor 2,412 Kuala Selangor Batang Berjuntai 3,315 Kuala Selangor Jeram 1,475 Kuala Selangor Jeram Pekan Sungai Buluh 2,128 Pandan Chempaka 8,661 Pandan Chempaka Pandan Jaya 6,748 Kinrara Kinrara Seksyen 2 2,165 Puchong Kinrara Kinrara Sekysen 3 3,560

22 keADILan·s Election Analysis Software, August 2006.

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Parliament State Constituency Polling District Total Voters Puchong Kinrara 5,356 Puchong Seri Serdang Air Hitam 6,011 Puchong Seri Serdang Batu 14 Puchong 1,301 Puchong Seri Serdang 7,721 Puchong Seri Serdang Pusat Bandar Puchong 3,111 Puchong Seri Serdang Seri Serdang 7,190 Sabak Bernam Sabak Kampung Bagan Terap 1,576 Pengkalan 4,331 Selayang Rawang Desa Country Homes 2,776 Selayang Taman Templer Selayang Baharu Tiga 8,132 Ampar Tenang 1,761 Sepang Dengkil Bukit Canggang 2,606 Serdang Taming Jaya 4,889 Serdang Bangi Sungai Tengkas 5,834 Serdang Serdang Lama 5,139 Serdang Seri Kembangan Serdang Utama 2,459 Kota Anggerik 1,753 Shah Alam Kota Anggerik Shah Alam S 11 - S 14 2,482 Subang Sri Damansara Selatan 2,924 Subang LTAB Subang 1,219 Bagan Sungai Besar 1,621 Tanjong Karang Permatang Sungai Gulang-Gulang 3,081 Tanjong Karang Tanjong Karang Selatan 2,087 Tanjong Karang Sungai Burong Tanjong Karang Utara 2,012 Total Voters : 223,950

Conduct of Elections

In Malaysia, a general election must be held after the dissolution of Parliament. Parliament must be dissolved after five years, but as a democracy based on the Westminster tradition, the Prime Minister can request the King to dissolve the Parliament prior to the five years. This gives the Prime Minister disproportionate power to determine the date of the election ² even without the knowledge of his cabinet!

Between dissolution and the Election Day itself, there will be a nomination day followed by a campaigning period. However, the campaigning period governed by the Elections (Conduct of Elections) Regulations 1981 has been progressively reduced from 21 days to 14 days (1971) and to 7 days in 1986.

The official reason given by the EC is security. In reality, however, this declining period for campaigning disproportionately affects the Opposition, but this issue gets little attention from the ruling-party owned mainstream media and there is no commitment from the government to resolve it. This is further aggravated by the ban on open-air rallies, an effective medium of communication traditionally utilised by the Opposition because of the limitations mentioned above. The Opposition is left to rely on ¶ceramahs· (limited public

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addresses), posters, pamphleteering and house-to-house visits all of which are subject to police permits. Needless to say, these methods are quite inefficient in reaching a critical mass of the voters.

Malaysian political parties are also hindered by the increase in the amount that has to be paid as election deposit. In 2002, a deposit required for a parliamentary seat was raised to RM10,000 and for a state seat to RM5,000. To retain the deposit, a candidate must obtain at least 1/8 or 12.5% of the votes cast. In comparison, a parliamentary candidate in the UK is required to deposit only GBP500 and needs to obtain only 5% of the votes cast.

Another worrying element is indecisiveness and inconsistency of the EC in conducting elections. In the 2004 general elections, the EC controversially extended polling hours in Selangor. This was notified on Election Day itself, only to polling agents via two-way radio equipment and to the voters through the electronic media.23 In fact it was announced after 5.00 pm (the gazetted voting period), informing that the period was extended up to 7.00 pm. Not one of the political parties or candidates was officially notified. Needless to say, this threw the election into disarray as in some polling stations the officers were already about to count the votes. This clearly contravenes Sections 15(2) and 23 of the Elections (Conduct of Elections) Regulations 1981.

Also in 2004, the EC produced two distinct electoral rolls on Election Day between the ones issued in the EC booth (where every voter is supposed to confirm his name in the electoral roll and obtain the ballot paper) and the ones in the polling station, resulting in disenfranchisement of voters.24 This fact was actually admitted to by EC Chairman Abdul Rashid Abdul Rahman: ´The position of the voters became different when the document used was amended.µ25 Furthermore, different electoral rolls were also issued on nomination day and Election Day. The former was gazetted on March 3, 2004; whereas the latter was gazetted on March 15, 2004. This is clearly contrary to the Elections (Conduct of Elections) Regulations 1981 that states that electoral rolls for Election Day must be the same one issued on nomination day.26 In the 2004 elections, a DAP candidate in Sungai Pinang complained that while over 3,000 voters were assigned at a particular polling stream, on Election Day only 1,200 names were on the list.27

In an election petition brought by Ismail Kamus of PAS for the Gombak Setia constituency following the 2004 elections, the Election Judge admitted that the extension of voting hours and the use of different electoral rolls constituted a ´clear and blatantµ non-compliance of

23 National Justice Party (keADILan), Fraud and Rigging in the Malaysian 11th General Elections, 2004, pp. 5-6. 24 Ibid., p. 2. 25 , March 24, 2004. 26 Section 14(a) of the Elections (Conduct of Elections) Regulations, 1981. 27 Wong Chin-Huat, ´Electoral Corruption ² Irregularities or Inadequate Law?µ presented at the Fourth International Malaysian Studies Conference by Institut Kajian Malaysia and Universiti Kebangsaan Malaysia, August 4, 2004, p. 16.

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the law, but the petitioner had failed to prove that the non-compliance affected the outcome of the election!28 The Federal Court agreed with the judgment and dismissed the petition.

In a 2002 amendment to the Election Offences Act 1954, it was stated that only the EC may provide booths for voters to ascertain their electoral numbers in the electoral roll (Section 26(a)(1)). This prohibited the previous practice where political parties and candidates operated what was known as ¶pondok panas· to assist the voters in checking the electoral roll. However, two days prior to 2004 general elections, the EC announced that the ¶pondok panas· was allowed. It was claimed that BN electoral workers were already prepared when the change was announced, whereas the Opposition was caught by surprise.29

The law also prohibits soliciting of votes within fifty meters of a polling station.30 It is reported that in , in the polling district of Hulu Kali (094/07/03), the Puteri UMNO wing of the BN was used to solicit votes in the prohibited area. In addition, in the same district, BN set up election operation rooms in several public facilities. 31

28 Civil Appeal No. 01-22-2004 (B) at http://www.kehakiman.gov.my/jugdment/fc/archive/RS%20No%2001-22-2004(B).htm. 29 National Justice Party (keADILan), Fraud and Rigging in the Malaysian 11th General Elections, 2004, p. 13. 30 Section 26(1) of the Election Offences Act, 1954 (Amendment 2002). 31 National Justice Party (keADILan), Fraud and Rigging in the Malaysian 11th General Elections, 2004, p. 13.

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EROSION OF DEMOCRATIC SPACE

Freedom of expression and assembly, which is guaranteed conditionally under the Federal Constitution in theory, is severely limited by various discriminatory laws and practices in reality.32 The government stranglehold on the media is sustained through two ways: first, restrictive laws and regulations with regard to media, and secondly, ownership of mainstream press by companies linked to BN. A more promising sign is the online media, although it has not entirely been unproblematic. Similarly, freedom of assembly is severely limited through the use of discriminatory laws and regulations to prevent assembly by the opposition, and the use of high-handed police tactics to stop the ones that do take place.

Furthermore, Malaysian democracy is threatened with corruption, which is referred to as ¶money politics· by the government and media.

Repressive Laws and Regulations

Steven Gan, editor of the independent news website Malaysiakini revealed in 2003 that the number of laws which directly and indirectly impinge on press freedom in Malaysia is not just five or ten, but 35.33

The notorious Printing and Publishing Presses Act 1984 requires all Malaysian serial publications such as journals, magazines and newspapers to apply annually for publication permits. Self censorship is prevalent, otherwise it might jeopardise their application for the annual permit. When it comes to political news, there hardly is any tradition of a balanced coverage in the media. Furthermore the government is empowered to suspend any permit. This does not only apply to media establishments, but also printers ² which makes it difficult for any printer to print Opposition materials. Any government decision made under the Act is not subject to judicial review. This provides the Home Affairs Ministry ² traditionally held by the Prime Minister ² a disproportionate power beyond the purview of the judiciary.

Another important law is the Official Secrets Act 1972 which was based on the archaic British Official Secrets Act of 1911. As the name suggests, it was legislated to prevent the flow of information to foreign agents that might threaten national security. However, in reality it allows a wide discretion for the government to misuse the legislation. No definition is provided under the law for what is an official secret, and the government can categorise any piece of state document as such to stifle any dissent.

As the political tensions within UMNO heightened in 1987, a crisis involving Chinese schools erupted which pitted several UMNO leaders against Chinese leaders across the political spectrum. Following a provocative rally held by Chinese leaders, UMNO planned a similar assembly. On October 27, 1987, the government moved in by arresting 106

32 Art. 10 of the Federal Constitution of Malaysia. 33 Gan, Steven, ´Virtual Democracy in Malaysia: Putting Press Freedom on the Front Burnerµ presented at the symposium ¶Beyond Media Education· by World Association for Christian Communication at Manila, Philippines, September 20-25, 2002.

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politicians, activists and religious leaders under the ISA. While top BN leaders involved in the controversy escaped arrests, high-ranking Opposition leaders from DAP and PAS were arrested along with several minor BN personalities.

The publishing licenses for and the Sunday Star (both English), Watan (Malay) and Sin Chew Jit Poh (Chinese) were revoked. The traditionally conservative English daily New Straits Times wrote an editorial criticizing the banning of the Star, which resulted in the journalist responsible being questioned by the police.

Following Reformasi, the sale of Harakah, the PAS tabloid saw a dramatic increase. In January 2000, the government charged the editor and owner of the press which printed the tabloid with sedition. The printer was fined RM1000.

In March 2000, the government decided to limit Harakah·s circulation. While it was previously allowed to be published twice a week, it was now limited to twice a month. In the same year, three critical/independent publications ² Detik, Al-Wasilah and Eksklusif had their licences either cancelled or suspended. All three have not resumed publication since then.

Following the merger of keADILan and Parti Rakyat Malaysia in 2003, the merged party, Party Keadilan Rakyat, decided to renew the publication licence for Parti Rakyat Malaysia for the party·s tabloid Suara Keadilan. The Home Ministry however refused to do so, and instructed keADILan to submit a new application. The party submitted a fresh application in July 2005, but the Home Ministry has not replied on the status of their application. Printers and vendors of the newspaper were also facing harassment from enforcement officers while thousands of copies of Suara Keadilan were confiscated by the authorities.34

Similarly, freedom of assembly is highly restricted. The Federal Constitution provides for the freedom of assembly, subject only to restrictions for national security or public order.35 In theory, all gatherings of more than three people require a police permit.36 In practice, this is useful to both prevent and prosecute ´illegal assembliesµ by any critical organisation. Furthermore, restrictive measures include the stipulation of providing the names of speakers in the application for permits and the prohibition of selling party CDs, newspapers and paraphernalia. While the governing parties are allowed use of government resources, which election officials view as being part of ministerial privileges, applications for police permits by the Opposition, even for events in private properties, are refused.37 Due to the restrictive nature of the Malaysian media, public assemblies such as ´ceramahµ and peaceful demonstrations are traditionally popular tools with the Opposition.

Nevertheless, the powerful legal arsenal with the government means that any crackdown on the freedom of assembly severely affects the fortune of the Opposition. Any contravention of the law is punishable by imprisonment or a mandatory minimum fine of RM2,000. This

34 Zulkifli Mohamed, ´Rampas Suara Keadilan: Abdullah Mungkir Janjiµ, Malaysia Today, January 5, 2006, at http://www.malaysia-today.net/blog/2006/01/rampas-suara-keadilan-abdullah- mungkir.htm. 35 Art. 10 of the Federal Constitution of Malaysia. 36 Section 7 of the Police Act, 1967. 37 Suaram, Malaysian Human Rights Report, 1999, p. 46

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leaves the Opposition with only having gatherings and assemblies on private properties, which is highly limited in nature.

The crackdown on freedom of assembly was especially heavy-handed during Reformasi as thousands gathered calling for the release of Anwar Ibrahim. Demonstrators were beaten up and sprayed with water and stinging pepper. Within a month of the sacking and subsequent arrest of Anwar Ibrahim, over 270 people were arrested for participating in peaceful assemblies.38

In November 2000, the Opposition planned a massive rally on the Kesas Highway in a suburb of Kuala Lumpur. At first, the Opposition applied for a police permit in order to hold an assembly at the Bukit Jalil Sports Complex. This was refused, and the Opposition decided to hold an assembly at the Kesas Highway. The police acted violently to disperse the assembly, which resulted in a SUHAKAM inquiry. The inquiry established the police acted unfairly in refusing the initial permit application, and that excessive force was used in dispersing the assembly. One participant suffered a fractured skull after being hit by a tear gas canister, while another suffered temporary blindness due to tear gas.39

In July 2001, when the Opposition support was at its height, the government issued a blanket ban on all political gatherings. This, combined with the terrorist attacks on September 11, 2001, resulted in a loss of momentum for the Opposition. SUHAKAM condemned the blanket ban as unconstitutional.40 Several keADILan leaders were charged with holding illegal assemblies and some cases are still pending in the courts after six years.

We note that the US War on Terror is encouraging less democratic countries including Malaysia to reduce the space for human rights in the name of the nation·s security. The war on terror rhetoric should never be made a pretext to perpetuate repression.

On May 28, 2006, a demonstration over fuel price increases was marred by the violent conduct of the police resulting in two demonstrators suffering injuries. The incident has been widely condemned by human rights groups and the image of one demonstrator with his head covered in blood remains a sad reminder of the consequences of the abuse of human rights by the powers that be. 41

Media Ownership

Another form of control over the media is exercised much more directly, through ownership of mainstream media through companies closely linked with BN.

This began in 1961, when UMNO acquired iconic Malay daily Utusan Melayu. The journalists led by Said Zahari protested, but to no avail. UMNO also controls the New Straits Times,

38 Asian Human Rights Commission, March 2, 1999, available at http://www.ahrchk.net/ua/mainfile.php/1999/69/ accessed on June 21, 2006. 39 SUHAKAM Annual Report 2001, pp. 14-15. 40 Ibid., p. 7. 41 Suara Rakyat Malaysia, May 31, 2006, available at http://www.suaram.net/display_statement.asp?ID=524 accessed on June 21, 2006.

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Malay daily , and private television station TV3 through Media Prima Berhad, which is owned by UMNO-linked Malaysian Resources Corporation Berhad. Media Prima soon acquired a defunct television station and relaunched it as 8TV. In April 2004, it acquired another company with a radio broadcasting licence. In June, it acquired another television station undergoing restructuring and relaunched it as Channel 9 in 2006. In the following year, Media Prima acquired NTV7, thereby owning all private terrestrial television networks in Malaysia. Government broadcaster RTM has two networks while ASTRO, owned by a tycoon close to the former Prime Minister Dr. Mahathir Mohammed has the licence to operate satellite television in Malaysia.

On the other hand, MCA through its investment arm Huaren Holdings owns the Star, which is now the largest selling English daily in Malaysia. In 2001, Huaren acquired two of the three bestselling Chinese newspapers and , to the protests of journalists and media activists. Huaren also owns a radio station.

Table 342 Ownership of Mainstream Media in Malaysia 2006 RTM (State-owned Television networks: TV1, TV2 broadcasting network) Radio stations: Traxx FM, Klasik FM, Muzik FM, Asyik FM, Nasional FM, KL FM, Ai FM, Minnal FM Media Prima English newspapers: New Straits Times, (Linked to UMNO) Malay newspapers: Berita Harian,

Television networks: TV3, NTV7, 8TV, Channel 9

Radio stations: Fly FM, Hot FM Utusan (owned by Malay newspapers: , Utusan Melayu, Kosmo! UMNO) Huaren Holdings (owned English newspaper: The Star by MCA) Chinese newspapers: Nanyang Siang Pau, China Press

Radio station: Red FM Linked to MIC leaders Tamil newspapers: , Malaysia Nanban Astro (owned by Ananda Television network: Astro Krishnan, a tycoon closely linked to the Radio stations: FM, Mix, Light and Easy, THR FM, , X- government) Fresh, Era,

42 Puah, Pauline, ´NTV7 Acquisition Alarms Media Activistsµ, Malaysiakini, October 28, 2005, at http://www.malaysiakini.com/news/42448, accessed on June 19, 2006.

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Not only is ownership by the ruling coalition alarming, but what is also pertinent is the concentration of ownership by a small number of players. ´Media consolidation is a worrying development as it reduces the diversity of news,µ said writer and activist Anil Netto, ´It·s very unhealthy if the media is owned by just a few giant companies.µ43

As part of the campaign for the 1999 election, the opposition PAS, keADILan, Parti Rakyat Malaysia and DAP which contested as an alternative coalition attempted to advertise in the press. Unsurprisingly when one considers the ownership of the mainstream press, most rejected them outright. But the Star and a few Chinese dailies did publish the advertisements, albeit on a restricted basis.44

Online Media

Relying on the government·s commitment to turn Malaysia into a multimedia centre, a group of journalists started an Internet start-up, Malaysiakini on the eve of the 1999 election, riding on the Reformasi wave. The news portal gained a sizeable following as an alternative to the mainstream press, much to the consternation of Dr. Mahathir.

Nevertheless, the path for the online media has not been entirely smooth. In 2003, acting on the report of UMNO, police raided Malaysiakini and seized several servers and computers, effectively halting its operations for a few hours. UMNO leaders were claiming that the online portal was publishing seditious material.

Furthermore, as Malaysia·s Internet penetration is still relatively low and is geared towards the urban middle class youths, it will take a relatively free mainstream media to take root first before a majority of Malaysian citizens will become informed voters.

‘Money Politics’

The practice of ¶money politics· during elections is rampant and continues to undermine the principle of free and fair elections in Malaysia. In the context of the electoral process, ¶money politics· is the offer of money or material benefit to the electorate as gratification for voting a candidate to office. The standard practice is the outright offer of hard cash, sometimes paid openly, to voters, alongside other promises and inducement. This is clearly not just an abuse of the electoral process but an outright crime which may be subsumed under the general rubric of corruption. UMNO itself is beset by this kind of corruption in its internal party polls, which receives widespread coverage by the local media. BN is beleaguered by continuous allegations of such electoral corruption.

BN customarily spends hundreds of millions of ringgit during elections, flooding the country with posters and billboards. They are allowed to put up billboards anywhere they like with impunity. The Opposition enjoys no such privilege as every billboard to be erected will be scrutinized by the local authorities and runs the risk of being dismantled should it not meet their specifications. There is also great disparity in financial resources between the two.

43 Ibid., and Media Prima Berhad prospectus. 44 Dr. Mustafa K. Anuar, ´Doing the Limboµ, Aliran Monthly, December 1999 at http://www.aliran.com/oldsite/high9912c.htm, accessed on June 19, 2006.

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While BN has far more money to spend in this regard, as compared to the Opposition, they also leave outstanding amounts unpaid. This scandalous state of affairs came to a head after the 2004 elections, when several firms which had supplied election paraphernalia worth RM100 million lodged reports of BN·s failure to settle the outstanding payments.45 Nevertheless, BN was able to avoid criminal prosecution or civil action as a shadowy company was used to secure the supplies.

45 Gan, Steven and Nash Rahman, ´BN Owes Us RM100m for Poll Merchandise, Claims Firmsµ, Malaysiakini, July 7, 2004, at http://www.malaysiakini.com/news/28240, accessed on August 21, 2006.

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MANIPULATION OF RACIAL ISSUES

Traditionally, Malaysian Opposition parties have fragmented across communal lines, which add to the advantage of BN. Only in 1990 was a broad-based multiracial Opposition coalition formed; another Opposition pact consisting of keADILan, PAS, DAP and the People·s Party was formed in 1999. Increasingly, there seems to be a realisation among Opposition parties of the need for straight-fights with BN to increase their chances of success, and perhaps in the future, bring about the birth of a truly two-party system.

Divide and Rule

What has been a useful weapon in BN·s arsenal is the manipulation of racial issues to divide the Opposition. At first glance, this might seem like a paradox considering that BN is a multiracial coalition. Nevertheless, the 3 main parties that form the bedrock of BN ² UMNO, MCA and MIC are Malay, Chinese and Indian nationalist parties respectively. Even the seemingly multiracial Gerakan and small PPP are in reality seen as Chinese and Indian parties respectively. This communal split between political parties is also translated at the more complex states of Sabah and Sarawak.

As a result, in spite of the elite accommodation and superficial peace and harmony of Malaysia·s plural society, in reality a lot of distrust and suspicion poison the relationship between the various races on the ground.

When addressing the Malays, BN will focus on the need to protect the special rights of the Malays established in the Federal Constitution; to protect the sanctity of Islam as the Official Religion; and to prevent economic exploitation by the ¶immigrant races·, i.e. Chinese and Indian who are much more dominant in business than the Malays. When addressing the non-Malays, BN will harp on the need to prevent them from living under an Islamic state; and to secure their economic well-being and development from the instability of an Opposition-ruled government.

In the background, the specter of May 13, 1969 looms large. Huge Opposition election victories in several key states caused a racial riot that haunts Malaysia to this very day. In that election, although BN remained victorious it was a pyrrhic victory as they lost their two thirds majority in Parliament. BN uses this event to show the Malays the danger of disunity, i.e. voting for the Opposition.

Dirty Tricks

In 1990, BN was facing a huge crisis. UMNO was declared illegal by the Malaysian courts, triggering a traumatic split. One, led by Prime Minister Dr. Mahathir, formed a new party conveniently named New UMNO. The other, led by former Finance Minister Tengku Razaleigh Hamzah and backed by two former Prime Ministers took the name Semangat 46 (the Spirit of ·46), to commemorate the establishment of the original UMNO.

In order to placate the opposing ideals of Islamic PAS and socialist and Chinese-based DAP, Semangat 46 launched two separate coalitions with the two parties. A fellow coalition member with DAP and Semangat 46 was PBS, a Sabah regionalist party. When Tengku

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Razaleigh visited the Sabah Christian Kadazan community, which formed the bedrock of PBS, he wore a Kadazan headgear. Apparently, there were motifs resembling the cross on the headgear, and this was spun to illustrate how Tengku Razaleigh was selling the rights of Malays and Muslims by collaborating with a Christian leader. Unsurprisingly, this attack was only focused on the Malay electorate through the media that they controlled.

In the recent Sarawak state elections, a similar tactic was used but this time it was hampered by sheer idiocy on the part of BN. keADILan, which was allied with PAS at the federal level was contesting in a 90% Chinese state constituency Padungan. A banner, in Chinese, saying ´keADILan = PAS = Islamic Stateµ and ´A Vote for keADILan is a Vote for the Islamic Stateµ was displayed prominently in the city centre. But, probably due to the fault of a tired party worker, another banner in Malay saying, ´BN is the Defender of Malay and Muslim Rightsµ was displayed in front of the Chinese museum!46

46 Mata blog, ´BN Provocation in Main Bazaarµ, May 18, 2006, at http://matakuching.wordpress.com/2006/05/18/bn-provocation-in-main-bazaar/, accessed on May 23, 2006.

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TOWARDS FREE AND FAIR ELECTIONS

Undoubtedly, having examined the problems that plague Malaysian elections, drastic reforms must be introduced in order for elections to be both free and fair. Clearly there is a gap between the best practices applied in elections worldwide and Malaysia.

First, the EC must be reformed. Secondly, there needs to be immediate reforms undertaken by the government and the EC to overcome the various issues elaborated above. Thirdly, there needs to be a concerted effort by the authorities as well as the institutions of civil society to educate Malaysians on the electoral process and most crucially, on the importance of democracy.

This report is geared towards addressing immediate reforms. The onus is on the government and the EC itself: are they willing to address the problems in Malaysian elections? The ultimate question is whether the government is more interested in maintaining their monopoly of power as they do today, or taking the initiative to address the issues for the greater good of the Malaysian people. We believe that with the resolute political will, the latter choice is possible. This is a golden opportunity for the powers that be to prove their commitment towards maintaining integrity, transparency and accountability in governance.

EC Reform

Any talk of change is moot if the supposedly neutral body overseeing and conducting elections is not changed. The appointment of commissioners must be done in a transparent manner, from among credible personalities without any conflict of interest, e.g. judges, human right lawyers, academicians and other individuals of high standing that can command the public trust.

The EC must appoint and maintain its own staff. The government must provide sufficient funds to enable the EC to run smoothly and independently. The registration of political parties should also be transferred from the Registrar of Societies (which is a department under the Home Ministry) to the EC itself.

To protect the sanctity of elections, the EC should not be tasked with proposing delineation of boundaries. An independent body should be empowered to do so, and must obtain agreement from all registered political parties. The EC should remain as an election management body and should only decide on appeals made by political parties on the delineation proposals made by the independent body.

International Election Observers

Having international election observers can play a big role in addressing the democratic deficit as well as improving the credibility of Malaysian elections. This is actually not unprecedented ² Malaysia was the first Commonwealth country to accept Commonwealth

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observers for elections, in 1990.47 In the 2004 elections, Asian Alliance for Reform and Democracy sent a group of observers but their scope was very limited.

These were, however, exceptions. On the other hand, countries such as Indonesia, Palestine, Thailand, Turkey, India and South Africa ² among many others ² have allowed international election observers in recent years with a substantive scope, and this has contributed towards the deepening of the democratic culture in their countries while Malaysian elections have gone backwards. Dr. Mahathir has often accused the presence of foreign observers as a form of ´foreignµ or ´Westernµ interference.

International election observers should be allowed in Malaysia with adequate access to gauge the standard of our elections. The EC may, in consultation with political parties, issue terms of reference to regulate the presence of international election observers. However, for the presence of the observers to be meaningful, the terms of reference must allow observers adequate access to evaluate the election process. International observers must be given sufficient time (e.g. six months prior to elections) to access the electoral roll and gauge the electoral system. On polling day, access must be extended to the polling booths.

World Class Electoral Process

While Malaysia has made great strides in economic development, the electoral process is lagging far behind.

Legislative reform should be introduced to remove the unbridled power of the Prime Minister alone in deciding on the dissolution of Parliament. While we acknowledge this is a feature of Westminster democracy, we believe that in order for Malaysia to strengthen its fledgling democracy there should be certain safeguards in place. It should be noted that while British democracy can function without a written constitution, there are established conventions, and a strong democratic tradition to ensure its effectiveness. But for younger democracies, it is better to err on the side of caution by modifying some features of the Westminster system in order to ensure that further constitutional safeguards are entrenched to prevent any possibility of abuse.

This can be either in the form of a reasonable minimum period (e.g. one month) between dissolution of Parliament and nomination day, and subsequently a minimum campaign period up to election day (e.g. three weeks or one month). This will help to level the playing field for the Opposition.

We also propose the introduction of indelible ink to prevent dubious individuals from voting in the elections. India, a country with a population of 1 billion has a better record of managing elections than Malaysia, and has adopted the use of the indelible ink. Transparent ballot boxes should also be used to prevent any interference with the legitimate voting process. The recording of serial numbers during election must also be stopped to maintain the sanctity of the secret ballot.

47 Datuk Harun Din, ´Aspects of Malaysian Elections,µ presented at the Conference of Commonwealth Election Officers at Cambridge, UK, March 23-26, 1998.

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Postal Votes

We propose postal votes should be abolished. When it was introduced, Malaysia was in the midst of an active military engagement with Communist guerillas and required the deployment of security and defence forces in isolated regions. This is no longer the case. The armed forces and security personnel are no longer stationed in distant jungle bases. Now, they are stationed in cities and towns and have ready access to the polling stations.

Furthermore, advances in information and communication technology have also enabled more efficient methods to be used for expatriate Malaysians. A functioning and practical mechanism should be in place to enable expatriate Malaysians to vote.

Adequate Democratic Space

We believe that the existence of a plurality of parties is crucial for a vibrant democracy so that political parties can appeal to the vast spectrum of public opinion. However, in Malaysia this sustainable diversity of political parties is hindered by the BN·s monopoly on power since independence. As a financial juggernaut, BN is able to extend its financial muscle through extensive patronage and use of state resources, accumulating substantial financial reserves in the process. On the other hand, many are afraid to donate to the Opposition. We propose that in line with the practice of countries such as South Africa, Germany and Australia, there must be public funding of registered political parties which are able to meet a minimum level of popular votes.

Another important aspect of democratic space is equal access to printed and electronic media. The EC, to its credit, recognises the need for equal air time to be provided on state owned media (RTM) but in reality this has never been the case, apart from the rest of the media being in the hands of BN controlled entities. Freedom and ability to disseminate information is crucial to enable voters to make an informed decision.

Another important issue is the freedom of political parties to publish their own newspaper. As such the granting of publishing permits should be a routine matter and not be subjected to the whims and fancies of the authorities. In this regard, the government must make good its pledge as made by the Prime Minister in Parliament on October 27, 2005, to allow each political party to have a publishing permit. It should therefore grant Suara Keadilan a permit.48

Police permits must be issued on an equitable basis for activities and events organised by the Opposition. The role of the police is to safeguard the public, not to curtail activities of political parties with unreasonable conditions. All political parties must also be provided equal access to public facilities to hold political events.

48 Zulkifli Mohamed, ´Rampas Suara Keadilan: Abdullah Mungkir Janjiµ, Malaysia Today, January 5, 2006, at http://www.malaysia-today.net/blog/2006/01/rampas-suara-keadilan-abdullah- mungkir.htm.

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As stated above, the Federal Constitution provides for an election to be held after sixty days of dissolution of Parliament. In between, there will be a nomination day, followed by a campaigning period. The campaigning period has been progressively reduced throughout the years, resulting in a severe handicap for the Opposition. Secondly, as Malaysia is based on the Westminster system where Parliament is dissolved by the King on the advice of the Prime Minister, the government already has a built-in advantage. We urge the government, in the spirit of conducting free and fair elections to provide for the maximum campaigning period allowed as provided for under the Federal Constitution.

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SELECT BIBLIOGRAPHY

1. -, ´EC Chief Says Polls Unfair« To a Certain Degreeµ, Malaysiakini, January 31, 2005, at http://www.malaysiakini.com/news/33265.

2. Funston, John, ´Malaysia: A Fateful Septemberµ, in Funston, John & Singh, Daljit, Southeast Asian Affairs 1999 (Singapore: ISEAS, 1999), pp. 165-84.

3. Gan, Steven, ´Virtual Democracy in Malaysia: Putting Press Freedom on the Front Burnerµ presented at the symposium ¶Beyond Media Education· by World Association for Christian Communication at Manila, Philippines, September 20-25, 2002.

4. Gan, Steven and Nash Rahman, ´BN Owes Us RM100m fo Poll Merchandise, Claims Firmsµ, Malaysiakini, July 7, 2004, at http://www.malaysiakini.com/news/28240, accessed on August 21, 2006.

5. Datuk Harun Din, ´Aspects of Malaysian Elections,µ presented at the Conference of Commonwealth Election Officers at Cambridge, UK, March 23-26, 1998.

6. Hector, Charles, ´Handy Tips on Monitoring Postal Votesµ, Aliran Monthly, April 2004 at http://www.aliran.com/oldsite/monthly/2004a/eb.html

7. Khoo Boo Teik, ´Limits to Democracy: Political Economy, Ideology and Ruling Coalitionµ presented at the Workshop to Finalise Research on the Electoral System in Malaysia by Universiti Kebangsaan Malaysia, January 24-25, 2003.

8. Lim Hong Hai, ´Making the Malaysian Electoral System Workµ presented at the Malaysian Electoral Reform Workshop: Advocacy and the Role of Opposition by Research for Social Advancement and the National Democratic Institute for International Affairs, July 22-25, 2005.

9. Loh Kok Wah, Francis in ´Statesmen or Manager? The Image and Reality of Leadership in Southeast Asiaµ by Centre for South East Asian Studies and Political Economy Centre of the Department of Economics and the Faculty of Political Science, University of Chulalangkorn, April 2, 2004.

10. Dr. Mustafa K. Anuar, ´Doing the Limboµ, Aliran Monthly, December 1999 at http://www.aliran.com/oldsite/high9912c.htm

11. National Justice Party (keADILan), Fraud and Rigging in the Malaysian 11th General Elections, 2004.

12. Puah, Pauline, ´NTV7 Acquisition Alarms Media Activistsµ, Malaysiakini, October 28, 2005, at http://www.malaysiakini.com/news/42448

13. Suaram, Malaysian Human Rights Report, 1999.

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14. Wong Chin-Huat, ´Electoral Corruption ² Irregularities or Inadequate Law?µ presented at the Fourth International Malaysian Studies Conference by Institut Kajian Malaysia and Universiti Kebangsaan Malaysia, August 4, 2004.

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