Showing posts with label Bersih. Show all posts
Showing posts with label Bersih. Show all posts

Thursday, July 18, 2013

Bersih, Pakatan want electoral roll subject to court oversight

Ambiga said if the Election Commission wanted transparency, it would not need the contentious section 9A to protect the electoral roll from judicial oversight.Ambiga said if the Election Commission wanted transparency, it would not need the contentious section 9A to protect the electoral roll from judicial oversight.KUALA LUMPUR, July 18 — Pakatan Rakyat (PR) launched an online campaign today to abolish section 9A of the Elections Act 1958 that prohibits the courts from reviewing the electoral roll.

Bersih co-chair Datuk Ambiga Sreenevasan lent her support to the campaign, saying that if the Election Commission (EC) wanted transparency, it would not need the contentious section 9A to protect the electoral roll from judicial oversight.

”The problem we have with 9A is that the EC is the sole custodian of the electoral roll,” said Ambiga at a joint press conference with DAP MPs Charles Santiago, Lim Kit Siang and Lim Guan Eng in Parliament here today.
Santiago pointed out that section 9A was introduced after the 2001 landmark court ruling on the Likas by-election in Sabah, where the Kota Kinabalu High Court ruled that the electoral roll for the Likas state constituency contained phantom voters and declared the 1999 polls to be null and void.


"It is clear that section 9A was introduced to enable BN (Barisan Nasional) to protect their phantom voters," said the Klang MP.


"Once an electoral roll is gazetted, it cannot be challenged in court," he added. "The Election Commission has absolute power in controlling the electoral roll, even beyond that of the judiciary."


Santiago said that the "Mansuhkan 9A" (Abolish 9A) campaign was started by him, PAS' Sepang MP Mohamed Hanipa Maidin and PKR's Lembah Pantai MP Nurul Izzah Anwar.

Both Santiago and Nurul Izzah lost their bids in court before the May 5 polls to review the electoral rolls in their respective constituencies.


The two opposition lawmakers said there were phantom voters in the gazetted electoral rolls, but the Kuala Lumpur and Shah Alam High Courts ruled against their favour, citing section 9A of the Elections Act.


PR researchers have alleged there are tens of thousands of phantom voters registered on the electoral rolls in states such as Sabah and Selangor.

The EC has disputed the claims, saying that the high percentage of discrepancies in the electoral roll was “normal”.


"Section 9A is an ouster clause as it contravenes the Doctrine of Separation of Powers," said Santiago.
"The role of the judiciary as the arbitrator of rights and duties is completely removed."


The petition is accessible at mansuhkan9A.
Source: http://www.themalaymailonline.com/malaysia/article/bersih-pakatan-want-electoral-roll-subject-to-court-oversight


Saturday, March 23, 2013

DAP: Nearly 75,000 voters in Malaysia with ‘problematic’ Sabah ICs


BY SYED JAYMAL ZAHIID
MARCH 23, 2013
KUALA LUMPUR, March 23 – DAP election strategist Dr Ong Kian Ming revealed today that there are nearly 75,000 potentially dubious voters in electoral rolls nationwide, a number that could tilt the outcome of Election 2013 in favour of the ruling Barisan Nasional (BN).
Ong said the number includes those with the “problematic” identification cards highlighted recently during a Sabah RCI hearing, as well as holders of the “Red” and “Green” Sabah ICs, whose voting rights are suspect.
Red IC holders are non-Malaysian permanent residents, while green IC holders are non-Malaysian temporary residents.
“I repeat the call for the National Registration Department (NRD) and the Election Commission (EC) to conduct a joint investigation to determine if these 74,988 voters are genuine voters who have been given their ICs and/or citizenship by following the proper procedures,” Ong said in a statement here.
“I stand ready to present all of my evidence to the Sabah RCI if I am asked to testify,” he added, referring to the ongoing Royal Commission of Inquiry probe on allegations that foreigners in Sabah are given citizenships in exchange for their votes.
During a recent RCI hearing, NRD assistant chief in the IC division Sabah and Sarawak Ruslan Alias revealed a list containing 130,459 problematic old IC numbers, divided into three lists called P1, P2 and P3.
P1 contains 51,300 old IC numbers with no information, or partially available information in the NRD. P2 contains 62,500 of these numbers, making the total 113,850. P3 contains 16,669 numbers which have been terminated since 1996.
Ong, who is Malaysian Electoral Roll Analysis Project (MERAP) director, later revealed that the watchdog found that 60,673 of the “problematic” IC holders in lists P1, P2 and P3 are registered as voters in Sabah’s electoral roll in the first quarter of 2012.
He later revealed the presence of 7,475 voters in Sabah with Red and Green ICs.
After expanding his search, Ong said today he discovered that the same problem affects voter rolls outside of Sabah, including in Sarawak and the peninsula.
In his statement today, the DAP strategist said a search on Quarter 1 of the 2012 electoral roll in the peninsula showed that there are 6,840 voters carrying P1 to P3 old IC numbers, as well as Red and Green ICs.
“The state of Selangor tops the list with 2412 such voters (35.4 per cent) followed by Johor with 1190 such voters (17.4 per cent) and KL with 952 (13.9 per cent).
“The evidence thus far reveals that that a total of 74,988 potentially dubious voters – P1 to P3 and ‘Red’ and ‘Green’ old ICs – in Sabah, Sarawak and Peninsular Malaysia. (60, 673 P1 to P3 voters in Sabah, 7,475 ‘Red’ and ‘Green’ voters in Sabah, 6,840 P1 to P3 and ‘Red’ and ‘Green’ voters in the rest of Malaysia),” Ong said.
Despite pressure from rights group and the opposition, EC officials have refused to respond to calls for a voter roll clean-up, arguing that some of the complaints raised were untrue while calling the high percentage of irregularities in the roll “normal”.
Source: http://www.themalaysianinsider.com/malaysia/article/dap-nearly-75000-voters-in-malaysia-with-problematic-sabah-ics/

Bersih vows to ‘shame’ GE13 candidates involved in political violence


BY SYED JAYMAL ZAHIID
MARCH 23, 2013
Ambiga speaking at the press conference today where she said lawmakers should come out to condemn political violence. On the left is Bersih co-chairman Datuk A. Samad Said.KUALA LUMPUR, March 23 — Any Election 2013 candidate deemed responsible for violent incidents during political events will be “named and shamed” on social media sites like Twitter by polls watchdog Bersih 2.0, Datuk Ambiga Sreenevasan warned today.
The Bersih co-chairman said the move was part of the group’s response to the failure by local authorities and national leaders to condemn and stop the recent escalation of political violence.
“It is incumbent upon the lawmakers to come out to condemn it (political violence), it’s endemic,” she told a press conference at the launch of the coalition’s “Reject Political Violence” campaign at the KL Selangor Chinese Assembly Hall here.
“Silence is not an option,” the former Bar Council president said, adding that inaction against the violence was tantamount to “participation in the act of violence” itself.
Ambiga said it had become standard practice by national leaders to absolve themselves from the violent conduct of their supporters despite agreeing to ethical conduct during elections.
Barisan Nasional (BN) chairman and Prime Minister Datuk Seri Najib Razak, along with leaders from BN component parties, recently signed Transparency International-Malaysia’s Election Integrity Pledge, in a move they claimed displayed their seriousness in playing fair in the upcoming polls.
But Najib and his coalition have come under heavy fire for their muted response to several violent attacks on the opposition, allegedly perpetrated by BN supporters or members of hardline groups linked to Umno, the ruling coalition’s Malay lynchpin.
At the press conference, Bersih listed down several violent incidents that have taken place since January including physical assaults on Opposition Leader Datuk Seri Anwar Ibrahim in Johor where purported Umno members threw stones, woods and firecrackers.
We remind all sides that political violence is a violation of not only the rights of the candidates contesting in the elections, but also that of voters. — Bersih 2.0
At another incident in Pahang last month, Anwar’s daughter, Nurul Izzah, was almost physically assaulted by Umno supporters and although her supporters managed to prevent it, the PKR vice-president continued to be verbally abused.
On March 12, suspected Umno members were again implicated in a violent attack against the opposition, including a threat to torch PKR’s headquarters just days after the party’s leadership alleged assault by BN supporters in Malacca.
Members from right-wing groups pelted rocks, sticks and traffic cones on the PKR building. A few torched the party’s flag. The incident took place under police observation. No action, however, was taken.
PKR leaders have blamed the police’s “soft” response to previous such incidents for the escalating violence, saying their inaction as well as the silence from the Attorney-General’s Chambers had encouraged and emboldened Umno supporters to attack their PR counterparts.
Party strategy director Rafizi Ramli recently said that police inaction had forced Pakatan Rakyat (PR) leaders to hold Najib, who has been silent on the matter, responsible for the violence.
Bersih leaders today called the use of violence as political tool is a form of dirty politics.
“Bersih 2.0 is appalled that political leaders are condoning the violence by making excuses for the perpetrators or by staying silent. We remind all sides that political violence is a violation of not only the rights of the candidates contesting in the elections, but also that of voters,” the group said in a statement.
Ambiga said the group will be releasing a model code of conduct for candidates contesting in Election 2013 as part of its campaign to ensure clean and fair elections.
Those found violating the code of conduct will be publicly “named and shamed” through social media sites like Twitter, she said.
Observers believe Election 2013 will be the country’s tightest race to date. BN lost its two-thirds supermajority in the last national polls and five states.
Najib is facing tremendous pressure to restore the ruling coalition’s strong mandate. Incidentally, observers said the upcoming polls will likely be the “dirtiest”.
Source: http://www.themalaysianinsider.com/malaysia/article/bersih-vows-to-shame-ge13-candidates-involved-in-political-violence/

Wednesday, January 23, 2013

马哈迪挑独立前公民权课题,安美嘉:最新选民册分析调查,移民变选民西马也有


  • 安美嘉(中)希望皇委会全面看待沙巴州外来移民获得公民权问题,避免在当地出生的第二及第三代人民受到任何形式的孤立或歧视。左起为李维达与阿慕鲁甘;右起为廖国华及沙末赛益。(图:星洲日报)
(吉隆坡22日讯)净选盟2.0联合主席拿督安美嘉今日出示截至去年第四季的最新大马选民册分析计划(MERAP)表示,沙巴州皇家调查委员会发现的外来移民获得公民权问题不只是在沙巴发生,在半岛同样有多宗相同个案。
她今日在隆雪华堂召开新闻发佈会说,上述去年进行的报告发现,自2001年沙巴州亚庇高庭判决里卡士州议席选民册拥有“幽灵选民"及非公民证据后,有关问题过去10年在沙巴州就一直存在。
她说,上述报告也发现,截至最近的去年第四季度选民册分析调查,有关问题不只是在沙巴州,在砂拉越州及半岛,如雪州也有相同问题。
她指出,虽然沙巴非法移民皇委会听证会还未作出总结,但是对於相关严重的指责,政府仍然欠人民一个回应。
政府欠人民一个回应
“政府应该立即回应皇委会证人的指控,而选举委员会也应严正以待,採取行动清理选民册。"询及会否针对上述问题发动另一次大集会,她反问:“哪究竟要发动多少次集会?目前我们没有这方面人手,我们的人手都在积极投入提高选民出席投票率的运动。"
去年第四季选民册
沙194穆斯林只有“单名”
大马选民册分析计划研究报告研究助理李维达表示,他们在有限资源下进行的上述调查发现,截至去年第四季度选民册,在沙巴州的选民册总共发现194个选民的名字,只有一个单名,並没有一般穆斯林拥有的父名。
他指出,他们当中大部份都是新登记选民,而他们大部份的地址都没有门牌號码,当中多个1975年以前出生的选民並没有旧身份证號码记录。
而在雪州也发现同类问题的个案,並列出其中38个名字为单名的选民个案,当中大部份是新註册选民,部份1975年以前出生的选民没有旧身份证號码记录。
另外,当中也发现有部份选民是在印尼出生,即身份证號码中间编號为“61",也有的是其他来自不確定国家,即“71"。
他指出,有关选民册发现的问题包括其中690个选民是旧身份证號码转移让其他选民使用、在2011年第三季选民册发现,超过200个身份证中间编號为“71"选民,即国外出生公民编號,其名字只有一个名字,如缺乏穆斯林的父亲名字。
若因清理选民册延迟大选
大马人乐意多等两个月
安美嘉坦言,从法律角度,我国没有可能展延大选日期,目前国会即將在4月杪届满。
不过,她说,若国阵真的有意愿要將大选展延至6月,以便拥有时间清理上述选民册问题,公民社会团体將会动员支持,而相信全马人民也愿意高兴地多等两个月再大选。
询及沙巴选民册问题需多长时间解决,她则表示,这要视乎其困难程度而定,例如孟加拉就用了很长的时间处理此事。
不应波及第二第三代孩子
另外,询及如何解决许多沙巴州外来移民获得公民权后在当地生活多年问题,安美嘉表示,她同意沙巴州净选盟主席阿达马的看法,就是有关问题不应该波及在沙巴出生的第二及第三代孩子,导致他们承受任何形式的歧视及被孤立。
她说,皇委会应该全面地看待有关移民问题,考量到长远及持续性的影响,包括社会层面的同化及团结过程,最重要的就是停止为了政治目的利用他们。
她指出,净选盟也非常关注,即使截至去年第四季度,全国的外籍人士获得公民权及成为选民问题还是在不间断地发生。
安美嘉表示,由於皇委会並没有授权確认那些应该对发出公民权给外来移民指控负上责任的人士,同时也没有权力对有关肇事者或幕后黑手建议任何惩罚行动,因此,她呼吁选委会及政府针对上述指控,以及砂拉越与半岛发生,名为“坏榴槤行动"的同类指控进行透明的调查。
阿达马促皇委会
传召马哈迪出席听证会
新闻发佈会也播放沙巴净选盟主席阿达马的访问短片,阿达马也点名皇委会应该传召多名涉嫌的人士出席听证会,包括前首相敦马哈迪、沙巴州首席部长拿督斯里慕沙阿曼、总检察长阿都干尼、前沙巴州副首席部长丹斯里赫曼鲁宾及沙巴州政府前秘书拿督慕斯达华到听证会供证,而后者两人目前也是皇委会成员。
新闻发佈会的其他人士,包括净选盟联合主席沙末赛益、委员阿姆鲁甘、督导委员廖国华及李维达。
来源:http://news.sinchew.com.my/node/275669

Thursday, January 17, 2013

Megat Junid’s alleged order to let immigrants vote ‘shocking’, say Bersih leaders


January 17, 2013
KUALA LUMPUR, Jan 17 — Leaders of polls watchdog Bersih 2.0 have expressed shock over accusations that a former minister had ordered the National Registration Department’s (NRD) Sabah branch to enable illegal immigrants to vote.
Yesterday, former Sabah NRD director Ramli Kamarudin told an inquiry panel that the late Tan Sri Megat Junid Megat Ayub had instructed him to provide immigrants with NRD receipts, temporary documents that allowed them to vote in a 1994 state election.

Ambiga said the accusations amounted to electoral ‘fraud’. — File pic
Datuk Ambiga Sreenevasan, the Bersih 2.0 co-chair, described Ramli’s testimony during a hearing before the Royal Commission of Inquiry (RCI) on Sabah’s illegal immigrants as “shocking”, saying that this amounted to electoral “fraud”.
“The evidence is shocking in one sense but on the other hand, this is exactly what the people have been suspecting all along. What has happened and is happening in Sabah is reported to be happening in West Malaysia too! This is fraud and nothing less,” she told The Malaysian Insider when contacted yesterday.
She said that it suggested that there was a “conspiracy”, saying that there is “cause for grave concern”.
“It suggests a conspiracy at high levels. Of course it is not proper to comment fully yet until all the evidence is given and the other side of this sorry tale is told. For now I can say that what is surfacing is cause for grave concern.”
Maria Chin Abdullah, a Bersih 2.0 steering committee member, similarly expressed shock over what was testified during the RCI hearing yesterday.
“We are shocked but at the same time glad that these people are making such exposes as the EC (Election Commission) had denied that all this is happening.”
“This is why we need observers with all these exposes...,” she told The Malaysian Insideryesterday.
Bersih 2.0 along with MAFREL and Pusat Komas have been recruiting citizens through PEMANTAU to observe both the campaign and polling period of Election 2013, while Tindak Malaysia has been actively training polling agents as observers.
These civil society groups say that having such observers would help to prevent electoral fraud from happening in what is expected to be an intense battle for votes.

Maria was happy that people are making such exposes.
Yesterday, Ramli said that Megat Junid, the then deputy home affairs minister, had in 1994 told him to match the details of the NRD receipts issued to illegal immigrants to the names and identity card numbers of registered voters.
“We gave them (immigrants) RM20,” Ramli told the inquiry panel yesterday.
“We teach them how to vote. We gather them in a house. We send them by bus to the polling stations. Then we send them back and we collect the receipts. The receipts are just for voting. We did not give them identity cards,” he added.
Ramli said that about 200 NRD receipts were issued in five or six state constituencies each in Sabah that were considered “black spots that were difficult for the government to win.”
Ramli, who said he was detained under the Internal Security Act (ISA) from 1995 to 1997, also denied receiving bribes.
“This was a direct order from the deputy home affairs minister himself, even though I admit that it was illegal,” he said.
He added that the directive was given at a meeting with Megat Junid, Umno’s Datuk Seri Osu Sukam (who later became Sabah chief minister in 1999) and an NRD registration officer named Asli Sidup, at the Hyatt Hotel in Kota Kinabalu two weeks before the 1994 state election.
“The receipts were strictly for voting. After that, we would collect the receipts and destroy them,” said Ramli.
Asli testified later that 200 NRD receipts were used in the Kawang state constituency in the 1994 state election, which Osu won by a mere 64 votes.
The 1994 state election saw Parti Bersatu Sabah (PBS) winning just 25 out of 48 state assembly seats.
But several PBS assemblymen defected to Barisan Nasional (BN) shortly after, causing the collapse of the PBS government.
Tun Dr Mahathir Mohamad, Malaysia’s longest-serving prime minister who was in power from 1981 to 2003, has been accused of spearheading the so-called “Project IC”, in which citizenship was allegedly given to immigrants in exchange for their votes.
But former Sabah Chief Minister Tan Sri Harris Salleh, who administered the state from 1976 to 1985, denied on Tuesday the existence of “Project IC”.
The inquiry before RCI chairman Tan Sri Steve Shim Lip Kiong resumes today.
Source: http://www.themalaysianinsider.com/malaysia/article/megat-junids-alleged-order-to-let-immigrants-vote-shocking-say-bersih-leaders/

Tuesday, January 8, 2013

Bersih launches citizen monitoring campaign



Lisa J. Ariffin
 | January 8, 2013
Election watchdog group hopes to mobilise at least 10,000 volunteers as observers across the country during the upcoming polls.
UPDATED
KUALA LUMPUR: Election watchdog group Bersih 2.0 today called upon concerned citizens to volunteer as observers during the upcoming general election – described as the most critical in the nation’s 55-year history.
Bersih 2.0 co-chairman S Ambiga said her committee, along with Malaysians for Free and Fair Elections (Mafrel) and human rights group Pusat Komas, are aiming to mobilise at least 10,000 volunteers as observers to as many parliamentary constituencies as possible around the country, with priority given to what she termed as “hot seats”.
“The citizens monitoring campaign will be one of the most important campaigns for Bersih as all our appeals to the EC [Election Commission] have fallen on deaf ears. Even if there are changes, they are minimal and not sincere,” Ambiga told a press conference today.
“With the help of citizen observers, we are able to minimise fraud and deter political violence. This [movement] has been found to be very effective in many countries,” she added.
Mafrel chairman Syed Ibrahim Syed Noh explained the volunteers are merely observers and will not be interfering with the election process.
“They will be outside the polling stations and will not be allowed in. They cannot request or demand interference but will be accepting complaints,” he said.
“After that, the observers will put in their observations into reports, which will then be published and made public,” he added. He assured volunteers will be trained to follow a professional code of conduct.
Syed Ibrahim said the group will organise roadshows across the country in the upcoming weeks before the general election (GE13), which he predicted to be held end of March.
“We will have briefings and present guidelines to the public. That’s when the recruitment will start. We will go to all cities across Malaysia,” he said.
“We believe we can get 10,000 volunteers because we are leveraging Bersih’s brand name. We also forsee we will have enough time to train them before GE13,” he said.
Ambiga stressed volunteers must be non-partisan and cannot be a member of any political party. However, she could not guarantee how Bersih was going to monitor the volunteers, and only said: “They have to sign a pledge when they register” and “I trust Malaysian citizens to be honest people”.
“The campaign needs volunteers that are sincere and brave, and who are willing to contribute their  time to campaign before and on the day itself,” she said.
“Our role is to be transparent observers to make sure GE13 is free from any fraud.”
For more information on the campaign, visit www.bersih.org and the groups’ Facebook page atwww.facebook.com/BERSIH2.0OFFICIAL.
Source: http://www.freemalaysiatoday.com/category/nation/2013/01/08/bersih-launches-citizen-monitoring-campaign/

Tuesday, January 1, 2013

In final leg before polls, Bersih to train Malaysians to spot GE13 fraud


January 01, 2013
KUALA LUMPUR, Jan 1 — Fraudsters will have to tread carefully during the 13th general election as thousands of extra pairs of trained eyes will be helping the Election Commission (EC) and the police spot electoral fraud and political violence when polling day arrives.
Apart from the polling and counting agents appointed by each electoral candidate inside every polling station, a new breed of observers will be trolling the EC camps outside and in the nearby areas while voters decide who should rule Putrajaya next.
These are Bersih 2.0’s “citizen observers” — ordinary members of the public out to cast their own ballots on that crucial day, but armed with special training from local election experts on how to spot possible fraud and what to do with that information.
In an interview withThe Malaysian Insiderrecently, Bersih 2.0 co-chairman Datuk Ambiga Sreenevasan(picture) said the “citizen observers” initiative, a campaign called “Jom Pantau” that will be re-launched along with “Jom 100” some time this month, was part of the group’s last-ditched attempt to make sure that the 13th general election is conducted fairly.
Ambiga, who has now gained international recognition for her work with the polls reform group, said the reason was simple — despite the raft of reforms and repeated assurances from the EC and the government, Bersih 2.0 still believes the coming polls will be the dirtiest in Malaysian history.
She said that this was because those in power now have too much at stake when polls are called, and with the heightened sense of public responsibility felt by voters today, those who intend to cheat would have to pull out all the stops to ensure their will is done.
“We have political violence going on even now. But the cops are not arresting anybody. It looks as if some people can behave with impunity.
“On polling day, political violence is when you frighten people away from stations, when there are threats and some people get emotional on that day... don’t forget, much of this comes from members of political parties because they have invested so much in the polls.
“But what people are alarmed about is how everyone gets away with it... Now the cops are partisan, they are getting orders telling them not to take action,” she said.
“I think only cowards do it. Those who are losers... who think they are gonna lose, who are losers anyway, also those who are scared of losing, are the ones who indulge in this. Otherwise, there should be no fear at all.”
Ambiga recounted Bersih’s many struggles over the past few years, from its first mass rally before the 2008 general election, to the July 9 gathering on 2011 and last year’s April 28 sit-in protest, and said that despite all its hard work, the government’s polls reforms have been pitiful, half-baked and insincere at best.
“There is nothing genuine about their intention to reform. Nothing,” she lamented.
But she said that Bersih 2.0, the polls watchdog group that became the catalyst to the burgeoning of Malaysia’s civil society movement, had decided not to accept defeat lying down.
The group may not have convinced the authorities that a total reform to current polls processes are needed, such as wiping out the thousands of irregularities spotted in current voter registries or putting an end to political violence, but Ambiga said that Bersih 2.0 has chalked up an even greater achievement.
“We have raised awareness,” she declared.
“So this is why this January, we are going to step up our two campaigns to get more and more Malaysians out on the streets during polling day — to vote, and to help us keep a lookout for fraud.”
Ambiga said Bersih 2.0, with the help of Pusat Komunikasi Masyarakat (Komas) and Malaysians for Free and Fair Elections (Mafrel), will be working the ground feverishly to attract more “citizen observers” into its fold by using social media tools and working the phone lines.
Another NGO, Tindak Malaysia, has already been training polling and counting agents or “PACABAs” — individuals appointed by every candidate to observe the polls proceedings inside the polling station itself.
Speaking to The Malaysian Insider recently, Komas programme officer Arul Prakash offered a brief preview of the group’s training session planned for the “Jom Pantau” programme.
He explained that among the most common offences that take place before and during an election are money politics and the abuse of government machinery, both state and federal, during the campaign period.
“There are big, lavish dinners, handing out of goodies by using a party’s name or government department.
“These are common things that we want people to observe,” he said.
“Also, we want to have people keeping watch on the ground. So that those who plan on committing fraud, they will think twice... you are being watched... you better be careful,” he said.
Arul said the key objective of “Jom Pantau” is to make sure that fraudsters are outnumbered by Bersih 2.0’s citizen observers and are frightened off from committing any offence during polling day.
He said Komas currently has some 300 observers already registered under the “Jom Pantau” campaign but Bersih 2.0 hopes to attract at least thousands more to ensure that every constituency would have a sizeable group keeping close watch over the polling process.
To register for training as a citizen observer, individuals are urged to visit Jom Pantau’s site at pru13.info.
“We will release our training details and other information when we re-launch the campaign in January. Right now, we are still ironing out our strategies,” he said.
Meanwhile, Tindak Malaysia has been training PACABAs for many months now. While its initiative is not a part of Bersih 2.0’s “Jom Pantau”, Ambiga said its work is central to the fight to keep the general election free from manipulation.
Speaking to The Malaysian Insider recently, Tindak Malaysia representative PY Wong said the PACABAs are considered “the last line of defence” in the battle for free and fair elections.
“You can have all the citizen observers in the world but without sufficient trained polling and counting agents, it would be pointless.
“It is like shutting the stable gates after the horse has bolted. This is why we feel that Tindak Malaysia’s work can contribute greatly to civil society,” he said.
Wong explained that there are many possible moments to commit fraud on polling day — throughout the entire “paper flow” process, from the inventory checks, to the election materials such as the ballot papers and the electoral rolls themselves, and finally, the counting of votes before a result is confirmed, accepted and announced.
For example, he said the validity of a ballot paper is two-pronged — its serial number and stamp must be endorsed and double-checked to ensure that there are no duplicate votes.
He added that during the polling process between 8am and 5pm, polling agents must make sure that only genuine voters are allowed to cast their ballots.
“And make sure they do not vote twice. But don’t forget... we have so many faces to remember so we must let the process guide us and keep vigilant to make sure there isn’t fraud,” he said.
Wong noted that the long-awaited indelible ink will be finally used to prevent double-voting in the coming polls but he warned that fraud was still possible despite the use of this preventive measure.
“Even though the indelible ink will be used this time... it is designed to fail,” he complained.
Explaining, Wong pointed out that there are insufficient rules governing the use of the indelible ink to ensure that the system is fool-proof.
He said an individual could walk into a polling station using clear glue on his or her fingers and therefore, once marked with the indelible ink, this individual could wash the glue off along with the ink and walk into the station to cast another vote.
In another example, Wong said the ink should only be marked on a voter’s finger after he or she votes, but in the present procedure under the EC’s system, this is done the other way around — a voter is marked before the ballot is cast.
He said this would be extremely time consuming and could eventually disrupt the polls process, denying rightful voters their opportunity to cast their ballots before polling ends at 5pm.
“We have the solution... take the finger-marking out of the polling process. So you can go back to the old way... only that once the vote is cast, there will be two ink bottles prepared for marking, instead of one... this would help comply with timing requirements,” he said.
Wong, however, much like many other Bersih 2.0 activists, complained that his ideas were shot down quickly by the local election regulators in the EC.
“That is why I say that all we can hope from citizen monitors is that they can be a deterrence factor... at the end of the day, it is for us all to have our hearts in the right place. Do we want our votes to count?” he said.
But Ambiga still believes that even if electoral fraud continues to persist in the coming polls, the participation of more people in the polls process as citizen observers should count for something.
The lawyer-cum-activist insisted that this would be Bersih’s greatest success thus far — that Malaysians are now more aware of the importance of a single vote could very well be the very reform that the group has been fighting for.
“Now that is powerful. If people can see that there is hope... if Bersih has given them hope, then that is what makes us formidable,” she said.
Source: http://www.themalaysianinsider.com/malaysia/article/in-final-leg-before-polls-bersih-to-train-malaysians-to-spot-ge13-fraud/

Friday, August 10, 2012

IGP’s ‘yellow’ caution won’t cow Bersih

K Pragalath
 | August 10, 2012


The police chief says that the Merdeka Day celebrations should not be politicised, but A Samad Said argues that the colour yellow is not banned.
FULL REPORT
PETALING JAYA: Electoral watchdog Bersih will not be discouraged by Inspector-General of Police Ismail Omar’s caution not to don yellow at the Merdeka Day countdown celebrations.
Speaking to FMT, Bersih co-chairperson and national laureate A Samad Said stressed that the colour yellow was not banned and the people had the right to wear colours of their choice.
He also said that Ismail had made the wrong assumption that Bersih was politically inclined, saying that the movement was championing free and fair elections.
“The IGP’s statement is wrong because Bersih assists politicians,” he added.
Meanwhile, Bersih steering committee member Maria Chin Abdullah said the police chief should not be issuing threats.
“We are not politicising the matter [Merdeka Day] celebrations,” she added.
This morning, Ismail had cautioned those planning to wear yellow on that day not to turn the celebrations into a political event.
Bersih steering committee member Wong Chin Huat, who would be attending the gathering in his individual capacity, was shocked with the IGP’s statement.
“I am shocked at the level of the IGP’s common sense. National Day is the most political day in the country. Take out politics and what do you have?” he asked.
He also queried the actions that the police would take.
“Are you going to strip those who are wearing yellow?” he asked, adding that he was prepared to be arrested for ushering the Merdeka celebrations in yellow.
Warga Aman, which was one of the participating NGOs in the event, said the Bersih yellow T-shirt was similar to a uniform.
“The Bersih shirt to us is similar to the uniforms used by the police and military during the Merdeka Day parade. It is to say that we are with Bersih,” said Warga Aman’s secretary general S Barathidasan.

Thursday, July 26, 2012

Reprimand Najib, Bersih tells EC


G Vinod

 | July 26, 2012
PM telling Selangorians to vote “the right government” to resolve water issue is tantamount to political campaigning, says Samad Said.
PETALING JAYA: Bersih co-chairman A Samad Said wants the Election Commission (EC) to reprimand Prime Minister Najib Tun Razak for campaigning before Parliament is dissolved.
Samad said that Najib’s statement urging Selangor voters to “choose the right government” to resolve the state’s water issue was clear-cut political campaigning for the general election.
“The EC should reprimand the prime minister. How can you allow Najib to say such things when election is not even called for yet?” asked Samad.
English daily The Star today reported Najib as saying that the Selangor water crisis could be resolved but it needed a state administration which can handle the issue well.
“It cannot be that the federal government is unable to resolve the water problem in Selangor. We can do it.
“If we can make Malaysia the global centre for initial public offerings (IPO), how can it be that we can’t solve water issues?” Najib asked.
Najib also said: “The problem could be resolved by the BN government but we have to wait until the time comes when the people of Selangor make their choice and choose a government that can do it”.
Samad, a national laureate, said that the prime minister’s announcement of paying half month bonuses to civil servants yesterday could also be considered as political campaigning.
“This is not right. Najib should not abuse his powers to campaign right now.
“Unfortunately, the mainstream media is being used to swing the voters’ mood and the opposition has little avenue to counter the campaign,” said Samad, who added the move was undermining democracy.

EC: Najib gave his views only

Meanwhile, EC deputy chairman Wan Ahmad Wan Omar dismissed Samad’s accusation, saying Najib was merely voicing out about the stalemate in resolving Selangor’s water issue.
“We all know about the differing views both the federal government and the state government has on the issue. Najib was merely giving his views on the matter,” said Wan Ahmad.
He also said that it was a day-to-day government administrative issue and as the prime minister, Najib has the right to speak out on the impasse between both governments.
“If Najib had said this after the Parliament is dissolved, then it can be considered wrong,” said the EC official.
Wan Ahmad also dismissed claims that the bonus announcements for civil servants as political campaigning saying it’s an on-going programme and policy by the government.
Yesterday, Najib announced a half month’s bonus with a minimum RM500 payout to all civil servants for the Hari Raya Aidilfitri celebrations.



Monday, July 2, 2012

Election Observation must be Inclusive, Transparent and Free


Bersih Press Statement
30. June 2012
The Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0) stresses that election observation must be inclusive, transparent and free. Most regrettably, the Election Commission (EC)’s plan for electoral observation in the 13th General Elections (GE!3) has been the exact opposite.
BERSIH 2.0 calls for electoral observation to be made a legal right open to all so that all interested groups can apply to be accredited based on objective criteria. Election observers must also enjoy substantial freedom to carry out their task.
Amendment to the Election Act 1958 to make election monitoring an integral part of the electoral process would be necessary, since election monitoring by international and national observers is the hallmark of a viable and thriving democracy.
BERSIH 2.0 warns that the EC’s recent announcement on the selection of five NGOs as observers for the GE13 may be dismissed by the public as a public relations exercise due to its flaws on both the selection criteria and the restriction in observation.
One of the invited NGOS, the National Institute for Democracy and Electoral Integrity (NIEI), with substantial experience in election observation home and abroad, has declined the invitation.
BERSIH 2.0 learned that the EC has laid down as many as 20 restrictions on the observers. The most ridiculous ones include (a) prohibition to observe the ballot counting process; (b) prohibition to take photos of fraud without approval from the presiding officer; (c) prohibition to speak to party agents and polling staff; (d) prohibition to speak to media; (e) the requirement for observers to stay within same polling station for the whole day, thus restricting the freedom of movement; (f) prohibition to release information to any other party before reporting to the EC.
With these ridiculous and unjustified restrictions, as well as the EC’s failure to hold open public consultation on its policy on election observation, the sincerity of the EC in allowing independent election observing is called into question. Eventually, the credibility of the EC and the parties involved is at stake.
So far, Angkatan Belia Islam Malaysia (ABIM) has expressed their disappointment over the arbitrary selection of the observers. One also cannot find legitimate excuses why the Malaysian Election Observers’Network (MEO-Net) which has exposed vote buying in Sarawak state elections in 2011 is excluded.
Bersih 2.0 calls upon the EC to go back on the drawing board on its election observation policy by holding transparent and inclusive public consultations, to make independent and credible election observations possible.
The policy must include objective accreditation criteria for both international and national observers to apply.
We reiterate our call to the Government and the EC to invite international observers for the GE13. Election observations need not be feared of if there are no frauds and irregularities to hide.
Salam BERSIH 2.0
Steering Committee, Coalition for Clean and Fair Elections (BERSIH 2.0)
The Steering Committee of BERSIH 2.0 comprises:
Dato’ Ambiga Sreenevasan (Co-Chairperson), Datuk A. Samad Said (Co-Chairperson), Ahmad Shukri Abdul Razab, Andrew Khoo, Arul Prakkash, Arumugam K., Dr Farouk Musa, Liau Kok Fah, Maria Chin Abdullah, Richard Y W Yeoh, Dr Subramaniam Pillay, Dato’ Dr Toh Kin Woon, Dr Wong Chin Huat, Dato’ Yeo Yang Poh and Zaid Kamaruddin.

Tuesday, September 20, 2011

Forget ISA abolition, zero-in on electoral reform

Monday, 19 September 2011 Super Admin

Article 149, which is meant for national security, is the mother of repressive laws, as it enables parliament to brush aside fundamental human rights guaranteed under Part 2 of the Constitution to enact laws that grant the Executive sweeping power that includes detention without trial. The human rights so affected include those enshrined under Article 5 (life and liberty), Article 9 (freedom of movement), Article 10 (freedom of speech and assembly), etc.

By Kim Quek

Prime Minister Najib Razak’s stunning announcement of his intention to repeal the abominable Internal Security Act (ISA) as well as the three archaic Proclamations of Emergency has brought much excitement to a country long struggling to rid itself of repressive rule.

Najib said in a much anticipated speech delivered on the “historic night” of Sept 15 (as he himself described) that the lifting of these repressive legislations was meant to meet the “aspiration of the people for a more open and dynamic democracy, …..so as to be at par with other democratic systems in the world”.

The immediate emotional impact of such a momentous announcement must be one of exhilaration and euphoria for many – we are now finally on the path to regain our long lost democracy!

But are we?

OLD WINE IN NEW BOTTLE?

In the same breath as Najib announced the good news, he said new legislations will be enacted – an anti-terrorism act and a public order law - under the umbrella of Article 149 of the Federal Constitution to combat subversives and organized violence, so as to preserve public order and security.

But isn’t this the same umbrella Article 149 that gave birth to the detestable ISA?

Article 149, which is meant for national security, is the mother of repressive laws, as it enables parliament to brush aside fundamental human rights guaranteed under Part 2 of the Constitution to enact laws that grant the Executive sweeping power that includes detention without trial. The human rights so affected include those enshrined under Article 5 (life and liberty), Article 9 (freedom of movement), Article 10 (freedom of speech and assembly), etc.

Article 149 was written in such a way that it virtually gives the dominant party in parliament a blank cheque to write whatever autocratic law whenever it desires, as the grounds upon which such law can be enacted encompass a wide range of vague justifications – grounds such as any actual or threatened action that may cause citizens to fear organized violence, or to excite disaffection against government, or to promote ill-will among races, or prejudice the functioning of public service or supply, etc.

With such licence to create autocratic legislations, can Umno resist the temptation to fashion the new anti-terrorist laws after its repressive impulse for self-preservation? Considering Umno’s notorious record of contempt for the sanctity of law, as reflected in its cavalier attitude in amending the Constitution for political expediency – having made more than 600 amendments to the Constitution in the short period of the country’s independence – the answer must be an emphatic no.

NO CHANCE OF FAIR IMPLEMENTATION

Even in the unlikely event of Umno managing exceptionally to enact the replacement security laws in accord with the democratic spirit of our Constitution on this occasion, there is still the huge question of whether Umno is capable of implementing these laws with fairness and equity.

In this respect, we recall that when the ISA was enacted in 1960, our first prime minister Tunku Abdul Rahman gave the solemn pledge in parliament that the vast power of ISA would only be used to curb the communist insurgency, and would never be used to suppress political opposition.

But we all know that the ISA detention center at Kamunting has played host to such distinguished “guests” (detainees) as Anwar Ibrahim, Lim Kit Siang, Mat Sabu, Karpal Singh, Lim Guan Eng (among thousands of others). Does anyone in his right mind believe that any of them could have been a communist or a subversive?

It is an undeniable fact that the history of ISA is a mirror of the relentless abuse of draconian power by the Umno led regime to oppress opponents and silence critics. Instead of using the ISA as a weapon to combat the communists as pledged, ISA has been turned into Umno’s potent instrument to keep its hegemony intact all these decades.

Umno is now facing unprecedented challenge to its political survival. Are we to believe that it will give up this potent weapon at this most vulnerable moment of its existence?

What Najib is effectively tellings us is that the anti-communist law (ISA) will now be replaced by anti-terrorist law.

Since both laws derive from the same root (Article 149), have the same power of preventive detention, exercised by the same political masters, and implemented by the same institutions (police, attorney general and judiciary), which now enjoy even less public confidence than in the past, why should one believe that history will not repeat itself?

If an anti-communist law has been persistently and unhesitatingly abused to blunt opposition challenges in the past, why should we believe that the new anti-terrorist law will not be similarly abused now that Umno is struggling desperately for its political survival?

GENUINE REFORM UNLIKELY

Even if Najib is serious about these changes this time, as he may have been persuaded to adopt this course as the best way to recoup the middle ground support he lost in the recent Bersih rally debacle, obstacles ahead abound.

For a start, Najib appears to have acted in isolation, as two key players seem to have been left out of the loop. Neither his deputy Muhyiddin Yassin nor Home Minister Hishamuddin Hussein – and by extension, the cabinet – seem to have participated in the decision-making process.

The hardliner Home Minister, who is responsible for implementing the security laws, expressed ignorance, when reporters asked him about rumours of a pending repeal of ISA only two days before Najib’s speech.

While Muhyiddin, speaking at a Merdeka-Raya event in Nibong Tebal, Penang on Sept 17, said that Najib’s announcement was “unexpected and radical”, but he quickly added that Najib’s speech was “bold and courageous”. He went on to praise Najib for moving with the time and assured the people that the changes were meant for the good of the people.

Such expressions of “surprise” and “praise”, coming after keeping mum for two days, give a lot of food for thought.

A reasonable interpretation is that the staunchly conservative and increasingly more powerful deputy leader of Umno cum deputy prime minister was not happy with such a “radical” move, but pragmatism dictates that he must not show it. Instead, he must have decided over the two days of contemplation to turn an apparently unhappy event into advantage by riding on this new wave of “democratic reform” to reap maximum support at home and abroad, without the slightest intention to let go of Umno’s repressive grip. After all, there is still ample opportunity to keep Umno’s draconian power intact during the legislative as well as the implementation stage.

Indeed that seems to be the case, as unmistakably signaled by Muhyiddin when he pointed out that the new security laws will prioritize security over human rights, when answering query whether there would be true reforms with the introduction of two new security laws.

Without the prior consultation and support of Umno’s top guns for genuine reforms, and with Najib’s miserable record of flip-flops whenever opposed by conservatives, it is almost a foregone conclusion that there will not be true reforms whether there is or isn’t repeal of current repressive legislation.

ELECTORAL REFORM TOP PRIORITY

The real danger to true reformists lies in the false propaganda that can be generated from this new development, considering the immense power of BN’s propaganda machinery, which encompasses all newspapers and all TV channels.

Among the casualties of such false propaganda would be the Bersih 2.0 movement for electoral reform, as euphoria so created may deflate the immense momentum generated by the recent Bersih rally. It may even cripple Bersih’s capacity to rally another mass demonstration, if substantial section of the middle ground is doped into cherishing such false hope of democratization.

And Bersih rally 3 looks inevitable, in the light of alarming increase of discovery of frauds in the electoral roll, against the back drop of a reluctant BN to institute real reform.

This new menace of apparently systemic infestation of phantom voters in the electoral roll, unless effectively checked now, can snowball into something like ‘Project M’ (M stands for Mahathir) which had singularly propelled Umno to political dominance in Sabah in the Nineties.

We are therefore landed in the dire state of having to face new trouble spots while resolution of old issues is not in sight yet.

It is therefore imperative that we redouble our effort to press for swift and effective measures to rectify the current electoral flaws, and not allow ourselves to be unnecessarily distracted by Najib’s new initiative over democratization.

Top priority must always be electoral reform, as it holds the key to a fair chance of winning the right to administer the country. Without the mandate to rule, all talks of reforms will be in vain.

Source: http://malaysia-today.net/mtcolumns/guest-columnists/43544-forget-isa-abolition-zero-in-on-electoral-reform