Final Report on Observation of P212 Sibu By-Election By: Sibu Election Watchers (SEW) 2010 Table of Contents Chapter Content Executive Summary 1 Introduction to SEW 2 Conceptual Framework of Observation 3. Report of P212 Sibu by-election A. Scope of Work B. Electoral Roll Verification C. Nomination Day Observation D. Campaigning Observation E. Administration Neutrality Observation F. Campaign Financing Observation G. Media Observation H. Security Observation I. Polling Day Observation J. Observers’ Access K. Post-Election Observation Conclusion 4. Recommendations Appendix 1: Press Clippings Appendix 2: Press Release by EC to announce Sibu by-election Acknowledgement Published by: Sibu Election Watchers (SEW) Address:11D, Bruang Road, Sibu 96000 Sarawak Tel. 016-3471853 Email: Web site: http://sarawaknews.wordpress.com Executive Summary Chances for democratization in Sarawak are open after Sibu by-election! The Sibu by-election on May 16th 2010 marked a growing urban voting trend to go against the status quo in Sarawak, echoing in some ways similar trend in West Malaysia. Its meanings are many, chief of which is: `development politics or the promises of projects, and `money politics’, euphemism for vote buying have been successfully overcome by the better informed urban voters in the area of election campaigning. Another significant meaning is: the strong tussles over the significant postal votes by the Opposition party agents up to the last minutes, showed a stronger determination on their part to challenge the uneven playing field in Sarawak electoral (mal) administration. These developments can only bode well for the sprouting democracy movement in Sarawak, and in practical terms may allow the Opposition to make more headway in the coming elections. However the limit to such urban inroads is also painfully obvious: the majority of legislative seats in Sarawak are located in the interior, making up over 2/3 of the total. The voting trends of the significant Dayaks community in the Sibu by-election which run counter to the above voting trend, can also be read to mean that the rural voters still need time and effort to see change as an option for them to seek progress for themselves as well as for the whole society. While there are challenges for the urban campaigners to widen their appeal to the rural voters, the admitted lack of creativity in the campaign styles of the ruling parties, both Federal and State, in the Sibu by-election, means that the chances for democratization and change for Sarawak politics remain open. While only times will tell:, the largely unanswered questions on the corruption and electoral unfairness from the challengers, in the context of a stagnant socio-economic prospect for the state, represent strategic offensives which will lead the Opposition ahead in their quest to offer themselves as the popular alternatives of the people, from the people and for the people! Chapter 1 Introduction to Sibu Election Watchers (SEW) Sibu Election Watchers (SEW) is a local citizen initiative, a non-partisan and independent election group, formed during the Sibu by-election which took place in May 2010. Experiences Several SEW members had observed the state election in 2006 and the national election of 2008, and then the Batang Ai by-election in 2009, under the auspices of MAFREL (Malaysians for Free and Fair Election). This local initiative upholds the same commitment as that of MAFREL, i.e. to promote free and fair elections, which incorporate concerns over universal civil liberties and human rights. After not receiving any communication from Mafrel vis-a-vis this by-election, the observers involved started a new local initiative calling themselves the Sibu Election Watchers (SEW), as part of a network member of Malaysian Election Observers Network (MEO-Net). Membership SEW has members from various ethnic groups viz Chinese and Dayak, which reflect the community make up around Sibu. They come from various walks of life, ranging from academic, NGO activists, a music teacher, journalists, to small traders, farmers, laborers etc. Financing SEW is a self-funded community group, which collaborate with numerous other local community groups to bring about free and fair elections. Methodology SEW’s methodology in election observation entails a comprehensive strategy which covers the entire election process from before the election to post- election. The methodology involves liaison with and scrutiny of the roles of various stake holders of elections viz the Election Commission, Returning Officers, the police, anti-corruption agency (MACC the Malaysian Anti-Corruption Commission), the political parties, the candidates, media, local government, state and federal governments. SEW’s report on the election focus on the integrity outcome of the election process rather than its political outcome, applying the same standards to all stake holders. SEW utilise national laws and international standards to derive its evaluation of the performance of the electoral process in electing the people’s representatives. SEW hopes that over time the rigorous application of this methodology, its recommendations and voter education campaign will help bring about a more democratic society running with good governance principles. Together with counterparts all over the world SEW take strong exception to practices which violate free and fair election principles e.g. vote buying, partial election administration, intimidation of voters, imbalanced media, abuse of government resources for party campaigns, lack of transparency in campaign financing, lack of enforcement against election laws violations etc. Such practices are unfortunately still prevalent in Sarawak –a situation which makes the operation of election observation group like SEW highly relevant here. Sarawak’s specific conditions SEW recognizes that the specific geographical condition of Sarawak –vast forested land with difficult access, and specific social-cultural outlook of Sarawak-high illiteracy and low voter registration and voting rates, require sensitive and relevant treatments of election observation missions here. Similarly, SEW prepares for a long haul to face challenges of electoral reform that derive from the extended rule of a single coalition government in Sarawak- which somehow relegate electoral reforms and advancement to lesser priorities for the government. Despite such challenges SEW consider the effort of its growing number of observers as worth it as they constitute the necessary commitment from the citizens to help build a more democratic society in Sarawak as well as in Malaysia as a whole. Programs & Activities SEW conduct training workshops, forum, press conferences, analysis of the voters’ rolls, observation of the nomination, party campaigns, polling, counting and tabulation of the results, post-election complaints/petitions, voter education, publication of reports etc to achieve the election observation mission. SEW liaise with other like-minded election observers groups to help build a larger national movement of electoral reform. SEW maintain a blog along with other network members of MEO-Net to raise awareness on election issues in between elections. The blog is at: http://sarawaknews.wordpress.com SEW’s essential reference Article 21 of the Universal Declaration of Human Rights (1) Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. (3) The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret vote or by equivalent free voting procedures. Chapter 2 Conceptual Framework of Election Observation This chapter explains how SEW conduct its election observation. 1. Role of election observers Election observation needs to be distinguished from 2 other forms of election engagement: a. Election monitoring –where the parties involved are entrusted with the power of interfering into and correcting the election conduct; b. Election Supervision-where the parties involve actually set the rules and framework and also run an election. Election observation missions entitles the party involved to observe, assess and report (OAR) on an election, without interfering into the election. The observers are entitled to collect information, investigate and verify complaints and utilise universal standards of free and fair elections to derive its findings and frame its recommendations to improve future election conduct to all stake holders in elections. 2. Minimum standards of free and fair elections 1. Universal franchise; 2. Effective participation by all parties or individuals in election as candidates and in campaigns; 3. Freedom of expression which allow criticism against the incumbent parties; freedom of assembly, association and movement; 4. All contesting parties are entitled to reasonable access to the media; 5. Voters have freedom of choice to cast ballots. The standards are derived from national laws and also international standards. Observers need to observe the election as it takes place and make informed and accurate assessment of the election process. Done in the right way election observers can decrease chances of unfair practices and frauds in election and enhance its credibility. Election observers can also increase voters’ confidence to participate in election and vote freely without fear of reprisal. 3. Rights of observers 1. Election observers