Human Rights Watch: Malaysia Citizens Denied a Fair Vote

Bias in Electoral Process Favors Ruling Coalition in March 8 Poll

(New York, March 5, 2008) – Government restraints on expression, assembly and access to state media will deny Malaysians a fair vote in the March 8 general elections, Human Rights Watch said today.

The authorities’ manipulation of the electoral process appears aimed to ensure that the ruling coalition maintains its two-thirds parliamentary majority.

“Once again, elections in Malaysia are grossly unfair to the opposition,” said Elaine Pearson, deputy Asia director at Human Rights Watch. “Malaysia’s ruling coalition is too comfortable with the status quo to allow reforms that would level the playing field.”

Indelible ink plan erased

The Election Commission has cancelled the use of indelible ink for this general election, citing public order and security issues.

The stunning announcement was made at a press conference in Putrajaya this afternoon – four days before polling.

Caretaker government mirage in a Third World democracy

From Malaysiakini

Sim Kwang Yang

 

As I write, on 29th February 2008, a week before polling day, I picked up a copy of the Star.

In the 38 pages before the business sections, among all the election stories and the pages and pages of lucrative advertisements, there were only three news reports about the opposition. Most of the headlines were very complimentary reports of BN leaders and their candidates. There was more of the same in the Metro and other sections.

Finally, on page 36, there was a column article on Lim Kit Siang and his son Lim Guan Eng. The columnist seems to make an effort at impartiality, but what can any Star columnist do but pour cold water on the opposition.

For a responsible caretaker governmet

From Malaysiakini

Ahmad Fitri Yusof (AKTA)

Competitive election under democratic principle requires a level playing field between political players. All political parties must be deemed equal and on the same footing during the electoral process.

Leaders of the ruling party are considered to have given up executive authority, once Parliament is dissolved. Even if they retain the post, they do not have the same authority.

Polity IV Country Report: Malaysia

Executive Recruitment: Restricted Elections (7)
Malaysia is a federal constitutional monarchy with a parliamentary form of government. The current Supreme Sovereign Syed Sirajuddin ibni al-Marhum Syed Putra Jamalullail was elected by the Conference of Rulers, comprising the nine hereditary sultans, following the previous King’s death in November 2001.

The supreme sovereign is the ceremonial head of state but executive power is concentrated in the office of the prime minister, the head of government. Until his retirement on 31 October 2003, Prime Minister Datuk Seri Mahathir Mohammad had retained control of the government since his initial appointment in July 1981. He was reappointed for his fifth term in November 1999 following the electoral victory of the National Front alliance, the country’s hegemonic political organization which is led by Mahathir’s United Malays National Organization (UMNO).

Deputy Prime Minister Abdullah Ahmad Badawi was sworn in on 31 October 2003 as Malaysia’s fifth Prime Minister. The government has been criticized for undermining judicial independence and limiting freedom of assembly, association, speech, and the press.

Freedom House: Country report (Malaysia)

Political Rights Score: 4
Civil Liberties Score: 4
Status: Partly Free

Trend Arrow

Malaysia received a downward trend arrow due to a decline in religious freedom and restrictions on press coverage and public discussion of issues relating to race or religion.

Overview

Prime Minister Abdullah Ahmad Badawi’s anticorruption and police-reform efforts largely stalled in 2006, and a cabinet reshuffle in February brought few concrete changes. The political scene was dominated by the rise of sharp divisions within the United Malays National Organization (UNMO) and, specifically, a series of harsh attacks by former prime minister Mahathir Mohamed on Prime Minister Abdullah. Meanwhile, Anwar Ibrahim, a former deputy prime minister whom Mahathir had controversially deposed, returned to Malaysia and suggested that he might run for public office.

Some irregularities in the Malaysian electoral process

8:02pm Thu, Mar 25th, 2004

The Election Commission – a body tasked with the impartial management of free and fair general elections – has come under intense fire for a number of poll irregularities in last 11th general election. Now, there are more questions it has to answer.

Malaysiakini has been alerted by a number of readers to the high number of unreturned – or ‘missing’ – ballot papers as well as other discrepancies in certain constituencies.

According to them, there is a 10,000-large discrepancy in the number of ballot papers issued to voters for the Kuala Terengganu parliamentary seat.

A check with the Election Commission’s (EC) website today showed that the total number of ballot papers issued for the four state seats under the Kuala Terengganu parliamentary constituency was 60,948.

Caretaker govt logic and the law

Malaysiakini

Abdul Aziz Bari | Feb 14, 08

The legal basis of a caretaker government has to be argued in light of the nature of a government in a parliamentary system like ours. Of course, given its role and function, there is room to argue that a caretaker government is not something that is absolutely necessary. For one thing it is just for a short period and that it merely carries out routine administration.

This is plausible given that the civil service – which includes the armed forces and the police force – are still around. Indeed, the system which includes the judiciary – except the government of the day – still exists and is operational. On top of that, the ultimate guardian of the constitution – the Yang di Pertuan Agong – is still there symbolising the nation.

Be that as it may, under our system, one under the Westminster type, the government of the day is not directly elected by the people. Unlike under the American system whereby the executive is directly put in office by the electorate, the cabinet in the British system is appointed by the head of state from among members of the legislature.

Of course,

The King and the Dewan Rakyat

Malaysiakini
Abdul Aziz Bari | Feb 11, 08

The Federal Constitution clearly stipulates that under Article 40(2)(b), the King has the discretion to withhold consent to dissolve Parliament.

Similar provisions are also found in the state constitutions: the rulers and the Yang diPertua Negeri have similar power under Section 1(2)(b) of the Eighth Schedule of the Federal Constitution.

Legally speaking, these provisions operate independently of each other: what happens at the federal level has no bearing on the states although realpolitik may dictate otherwise.

It was clear that the provisions were conceived in the light of experience from the Commonwealth. According to the Reid Commission Report, it is unwise to allow the government of the day unrestricted right to dissolve the House.

Agong and the dissolution of Parliament

Malaysiakini
Kim Quek | Feb 4, 08

At this moment when the Prime Minister is expected to announce the imminent dissolution of Parliament to pave the way for the next general election, it is perhaps relevant and urgent that the critical issue of the power to dissolve Parliament be reviewed.

It seems to be a popular belief that the Prime Minister has absolute power to decide when Parliament is to be dissolved. Is there a constitutional basis for this belief?
The answer is no; for there is a clear-cut provision in the constitution whereby the Yang di-Pertuan Agong is given the power to withhold consent to a request for dissolution of Parliament. The fact that the Agong has always acceded to the Prime Minister’s request to dissolve Parliament in the past does not detract from this constitutional principle.