Is the Election Commission toothless, clueless or just selling out to the BN

16 days after Bersih 2.0 and finally the Election Commission meets Ambiga Sreenevasen on a public stage to discuss election reforms. Yet, all is not well with the Election Commission as more questions have been raise in the aftermath of its lacklustre answers.

EC deputy chairman Wan Ahmad Wan Omar absolved himself and his colleagues of any responsibility towards electoral reforms amid boos and jeers during a public dialogue with Bersih chairman Ambiga Sreevenasan, stressing that there was “nothing wrong” with the EC.

“The EC is not an enforcement agency; it is only a management body for elections. The best we can do is to propose relevant laws to the Attorney-General’s Chambers.

“But ultimately it is the government of the day, which obtained majority votes, which has the final say. If the government decides that voting age is 21 years old, whatever proposal we send to the A-G’s Chambers can never go to Parliament,” he said at a public forum titled What next after July 9.

A lie of a statement

This is a rather funny statement from the EC deputy chairman, as the manager for elections in Malaysia, the EC is provisioned to make rules as stated in Article 113 (5) of the Federal Constitution. This provision within the Federal Constitution was pointed out by the Bersih chairperson to the EC deputy chairman.

Rules of conduct for elections are well within the boundaries of the EC since these are the rules that go into effect during an election. There is no need for such rules to pass through the AG chambers as long as these rules uphold and stay within the context of federal law.

Thus among other things, the use of indelible ink, a period of 21 days for campaigning and equal access to main-stream media are all measures that the EC can decide on, without having to refer to the AG chambers.

The only time such rules should be referred to the AG chambers is if there is a possibility a rule can contradict a federal law. Even then, if it does contradict a federal law, the EC does have the responsibility to stand by its decision or decide on an alternative.

It is the responsibility of the EC to uphold its role in ensuring that elections are conducted fairly and properly in Malaysia. Appointments are by the Agong and members to the EC must not have any other affiliation whether to political parties or to business entities.

This means they have to ensure that they are neutral and unbiased. If they are unable to be neutral or believe that they cannot play an impartial role as Wan Ahmad himself suggested, then they should immediately resign or be in gross disobedience to the King.

Cheating starts in the EC database itself

Instead, the EC has turned a deaf ear to allegations of phantom voters. When cornered with proof of such voters, the EC states that it is powerless to remove them from the voter listings. To remove a deceased person from the roll, a death certificate needs to be produced. Such technicalities have uncovered some rather funny instances of voters reaching more than 100 years old, still being eligible to vote.

Then there is the case of multiple voters residing under one address. The EC is powerless to remove such voters as it needs to be proven they do not reside at the location. This is their excuse.

But above all, the question that begs an answer is, how did such voters get registered in the first place? Voter registration is conducted by the EC, and an identity card is needed upon registration. All voter registration is entered into a computer database, thus it can be inferred that any manipulation of voter’s registration data happens within the database that is eventually printed out as the electoral roll.

Further points of contention comes from the refusal of the EC to extend postal votes to those who qualify but do not fall into the category of police personnel or the military. In the recent Sarawak state election, this deprived the Sarawak diaspora who work in the peninsula or West Malaysia, their right to ballot. Voters who wanted to vote were forced to pay unnecessarily for airfare back to Sarawak in order to cast their votes.

Making it harder for voters to vote

As overseers of the election process, it is the responsibility of the EC to ensure that all citizens of Malaysia have the opportunity to cast their vote as granted by Article 114 of the Federal Constitution. The EC has instead chosen to make it even harder for Malaysians to cast their votes if they happen to reside away from the state of their origins.

The EC’s non-supportive stance is further evidenced by its refusal to provide automatic registration for Malaysians who reach the age of 21. Why then would the EC not grant Malaysians this facility and ensure that all get the opportunity to vote? Only the EC can answer.

In the wake of Bersih, the EC has shown itself as a toothless and clueless commission. Unwilling to stand up for the rights of everyday Malaysians and instead selling their souls to please their political masters - the BN goverment of the day.

- Malaysia Chronicle

Read More

Is EC playing a trick?

Talk about the biometric system could be the commission’s way of buying time, says PKR man.

PETALING JAYA: The proposal to use the biometric voter identification system could be a trick for the Election Commission (EC) to buy time and to avoid dealing with Bersih’s eight demands, according to Port Dickson state assemblyman M Ravi.

“I don’t think they’ll implement the system,” he said, referring to a statement by EC Deputy Chairman Wan Ahmad Wan Omar that the commission was still conducting studies on the system.

“One of the Malay papers today quoted Wan Ahmad saying that the EC was still doing studies on the application, effectiveness, technical aspects and cost of the biometric system.”

Ravi, who heads PKR’s Telok Kemang division, said there was a possibility that the next election would be held before the completion of those studies.

“What if the Prime Minister decides to dissolve Parliament this November?  I’m sure EC will say the system cannot be implemented because it has not completed the studies. It will say it’s not its fault that Parliament has been dissolved so soon.”

Meanwhile, an election watchdog has called on the EC to conduct a dialogue to explain the biometric system to “all parties concerned”.

The chairman of Malaysians for Free and Fair Elections, Syed Ibrahim Syed Noh, said the commission needed to address “all the doubts” raised by stakeholders.

He said he could foresee problems arising from the imperfections of the MyKad.

“We have heard complaints that the card cannot be read in certain government agencies,” he said.

“What if the EC’s biometric system fails to read a voter’s MyKad?”

He said it was unlikely that the biometric system was foolproof against impersonation and phantom voting.

“The parties from Pakatan Rakyat previously exposed how there could be two MyKads showing the same name and address,  and bearing similar numbers with only the last four digits different.

“They have also exposed how army personnel could carry a MyKad as well as an Army Identity Card.”

He said the EC must explain what mechanisms it would apply to detect phantom voters.

“EC needs to explain all these before implementing the system.”

Taken from Free Malaysia Today

Read More

EC no. 2 grilled in public over 'powerless' claim

Jul 27: "We are powerless" and "we don't make decisions" summarise the explanation by Election Commission deputy chairman Wan Ahmad Wan Omar yesterday's packed public dialogue organised by Malay daily Sinar Harian at the Shah Alam headquarters of its publisher Karangkraf.

Titled "What next after July 9", the forum, moderated by NGO activist Wan Saiful Wan Jan, also featured Universiti Kebangsaan Malaysia's Shamsul Amri Baharuddin.

Giving his reasons on why the EC could not fulfill Bersih's eight demands for electoral reforms, Wan Ahmad was at pains to emphasise that the Commission was not a law-making body and as such was powerless to amend laws. Several times during his explanation, the audience jeered at him, prompting the organising committee members to appeal for calm.

Wan Ahmad described the EC as an "election management" body.

“The most we can do is to propose the law to the AG (Attorney General) Chambers. The law drafted by AG Chambers will go to Parliament for debate.

"The government in power, anyone who rules the country, will have the advantage to determine the policy of the government,” he told in response to questions on EC's reluctance to positively respond to Bersih.

Passing the buck to the Attorney General, Wan Ahmad, who many times referred to the audience as "Pakatan Rakyat" much to the chagrin of the moderator, said any party that wished to push for electoral reforms must approach the "right person".

"So you please understand the process of law making in the country,” he added.

Asked by Wan Saiful whether the problem was with Barisan Nasional as the federal government, Wan Ahmad only attracted more jeers from the crowd when he said it was the government's right as it had been voted by the people.

“If you all become the government also, you all will do the same thing,” he remarked, before quickly adding that EC should not viewed as enemy.

Pressured by the crowd's response, Wan Ahmad than went on the offensive:

“You do not understand that the EC operates under many other laws like the Police Act, the Sedition Act. Don’t push the blame on us... maybe those present are not ready for a discussion like this."

'EC should not act like BN'

Ambiga meanwhile refuted claims that Bersih 2.0 was an opposition outfit, and said that it had earlier invited all political parties to play a role in the movement.

“Had the government (parties) come aboard, there would be a wonderful discussion between all parties, but they chose not to. That’s their decision. The opposition chose to come abroad and support us and I am grateful for their support.

"Not just opposition, other NGOs, ordinary Malaysians... If you look at the profiles of the people who were out there (in July 9 rally),  the ordinary Malaysians have been the supporters of Bersih.

"Why is everyone treating the opposition like they are not rakyat Malaysia? I don’t understand. They are also rakyat Malaysia,” she stressed.

"So, who is staying out and who’s in? That’s my question," asked Ambiga.

Ambiga also chided Wan Ahmad for accusing Bersih of treating the EC as an enemy.

“Datuk Wan, you said we are treating EC as the enemy. I think you are treating us as the enemy,” she replied to applause from the crowd.

Ambiga added that EC should be above partisan politics and not behave like it was Barisan Nasional.

“I think that’s where the problem is,” she quipped.

"No power"

On the claim that EC was powerless to push for electoral reforms, she cited clauses from the Federal Constitution which stated that EC was a powerful body.

Ambiga said that Article 115 (2) spelt out that public authorities must cooperate and assist with the EC in discharging its duties.

"So you can call on any public authorities to help you and enforce the election laws. For me, the election laws is your responsibility," said Ambiga, adding that the frequent excuse that EC had "no power" was not acceptable.

"What is this ‘tak ada kuasa, tak ada kuasa, tak ada kuasa’ (no power, no power, no power)? What’s the point of the enforcement team? Listen to this, 27 (e) - the functions of enforcement team are to patrol and monitor the activities of the candidates ... to ensure that written laws relating to elections are being complied with. This is the enforcement team set up by EC. These are your powers," stressed Ambiga.

Ambiga also took Wan Ahmad to task for saying Bersih had been impatient by taking its rally, and said the movement was only "frustrated" by EC’s excuses of not wielding enough power to act on election offences committed during the Sarawak state election.

"Who else to advise the government of the kinds of laws and changes that we need if not the EC? I believe, Datuk Wan, that you did. I believe that you suggested amendments.

"But I think you should disclose to the public what those amendments are and we will support you,” Ambiga added.


Taken from Harakah

Read More

EC admitted powerless - ask BN!

So, the cat is out of the bag. Finally, the Election Commission has admitted it has to shadow the BN government's wishes although Prime Minister Najib Razak insists that the EC is independent.

“The EC is not an enforcement agency; it is only a management body for elections. The best we can do is to propose relevant laws to the Attorney-General’s Chambers. But ultimately it is the government of the day, which obtained majority votes, which has the final say," EC deputy chairman Wan Ahmad Wan Omar.

"If the government decides that voting age is 21 years old, whatever proposal we send to the A-G’s Chambers can never go to Parliament."

Catspaw

The EC has been at the centre of storm stirred up by the Najib administration, which has refused to concede there was anything wrong with country's notoriously corrupt elections system.

Najib has insisted that elections are free and fair, refusing to heed any of the 8 reforms presented polls pressure group Bersih 2.0. At the July 9 Bersih rally, Najib had ordered one of the harshest ever police crackdowns that saw more than 1,600 people arrested, thousands more injured and one dead.

There is red-hot speculation that the 13th general election will be held soon, either before or just after the October 7 Budget 2012 presentation. This is one reason why Bersih has stepped the pressure on the EC to get cracking. The commission has received tremendous flak for always adhering to the directives set by the ruling elite rather than making impartial and fair decisions.

But this is a rare occassion when an official as high-ranking as Wan Ahmad has publicly confessed the EC was mere a mere catspaw for the ruling BN government.

Enemy

Najib has just days ago announced his government would introduce a biometric voter verification system but this has created even more concern that it was subject to mass electronic cheating.

The Bersih 2.0 committee, led by chairman Ambiga Sreenevasan, has recommended the use of indelible - an economic and effective method to cut down duplication of votes - but this has been resisted by the Najib regime.

Wan Ahmad advised Bersih to discuss its concerns with the federal government, repeatedly stating that the EC had no powers to amend laws.

“Don’t treat the EC as your enemy... we listen to all views,” said Wan Ahmad, who was booed by the 300-odd crowd, who came to listen to him speak at a public forum entitled “What next after July 9”.

“Most of you have this presumption; you assume, that’s why you are reacting like this. You do not understand that the EC operates under many other laws like the Police Act, the Sedition Act. Don’t push the blame on us... maybe those present are not ready for a discussion like this."

Taken from Malaysia Chronicle

Read More

Opposition to proposal for NGOs on EC

KUALA LUMPUR: The Malaysian Bar Council's proposal to allow non-governmental organisations (NGO) to sit on the Election Commission (EC) has been shot down by several quarters.

They feel that the EC must be free from political influence as, in the present situation, it was difficult to gauge whether an NGO was neutral or had any agenda.

Universiti Utara Malaysia (UUM) International and Political Studies lecturer Md Shukri Shuib said the system employed by the EC could be improved, but the presence of representatives with vested interests would only create chaos.

“Improvement does not mean adding on members to the EC, but improving the procedures or giving fresh ideas. “If the Coalition for Clean and Fair Elections (Bersih) is chosen as a panel member, what about the rights of the other NGOs in Malaysia?” he said.

Md Shukri said the Bar Council itself needed to be improved so that it was more transparent and fair in its decisions on any matter.

“The Bar Council needs to rectify itself first as it is already eligible for registration as a political party. We see that it has strayed from its original objective of looking after the interests of its members,” he said.

Assistant Professor Dr Shamrahayu Abd Aziz of the Ahmad Ibrahim Kulliyah of Laws of the International Islamic University of Malaysia was of the opinion that although the matter might seem positive, it would be worrying if NGO representatives could not separate themselves from politics.

“The irony is that NGOs have political influence. We cannot avoid it because everyone has their own political agenda. These representatives have voting rights and cannot be fence-sitters,” she said.

Dr Shamrahayu also said that having NGOs on the EC might result in disagreements between the committee members and lead to disorder in the EC administrative system.

Selangor Youth Council deputy president Badrul Hisham Badrudin said he felt that the EC was experienced and continuously improving itself in the implementation of information technology systems and new voter registration.

“The commission needs to be free of political parties and NGOs as their presence can invite disputes and allegations by irresponsible quarters.

“NGO representatives need not be appointed to be part of the EC, but they should be given the chance to have discussions at forums or seminars,” he said. - Bernama

Read More