4 public guarantees Tan Sri Abdul Rashid should make to restore public confidence that elections can be clean and fair before his tenure as Election Commission (EC) chairman be extended by another year
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Press Conference
by Lim Guan Eng
________________
(Petaling Jaya,
Wednesday):
Whilst
Tan Sri Abdul Rashid is
pleased that BN has pushed
through amendments to Article
125 of the Federal
Constitution extending the
retirement ages of the EC
Chair from 65 to 66 years
old, many Malaysians are
upset that the person deemed
responsible for damaging the
conduct of clean, free and
fair elections would be
rewarded with another year as
EC Chair. Whilst the public
awaits to see whether the EC
delivers on its commitment to
apply indelible ink to
prevent repeated voting and
allowing opposition parties
to monitor the voting process
of postal votes in army camps
and police barracks, these
so-called reforms are
inadequate to ensure clean,
free and fair elections.
Rashid should make four
public guarantees to restore
public confidence of clean,
free and fair elections
before his tenure as EC
Chairman can be extended.
One, he should clean up the
dirty electoral roll that he
has allowed to be manipulated
until it is marred with both
phantom voters and planted
voters such as those who are:
•
non-resident;
• unlawfully transferred on a
wholesale basis without their
consent from other
constituencies;
• dead, too old (more than
105 years old) or too young
(eight). In Melaka there are
323 centenarians or those who
are more than 100 years old
still registered on the
electoral roll; and
• MCA leaders “stacking”
their supporters in their
home address where their own
home can have more than 10
adults with different
surnames residing;
• MCA leaders fraudulently
registering or transferring
voters to fictitious and
non-existent addresses in
particular constituencies.
The
abuses in Ipoh Timor and Ipoh
Barat parliamentary
constituency are even worse.
Checks by DAP State
Assemblyman for Pasir Pinji
Thomas Su and Ipoh Barat MP
M. Kulasegaran had revealed
that there was a tremendous
increase of 8,463 voters in
Ipoh Timor and reduction of
656 voters in Ipoh Barat in
the short 3 months period of
the second quarter ending
30th June 2007. Clearly
certain irresponsible parties
had planted voters in Ipoh
Timor and transferred out DAP
supporters in Ipoh Barat.
How can Tan Sri Rashid claim
that the EC is fair when he
dare not publicly castigate
Minister in the Prime
Minister’s Department Datuk
Mohamad Nazri Abdul Aziz whom
he alleged had given a false
reply on the number of new
postal voters in Ipoh Timor
and Ipoh Barat parliamentary
constituency? At a meeting on
29th November 2007 in Ipoh
with the DAP delegation
protesting against the
planting of 8,463 voters
suspected to by BN supporters
in the Ipoh Timor
Parliamentary constituency
and reduction of 656 of DAP
supporters in the Ipoh Barat
constituency, Tan Sri Rashid
said the current relocation
of voters to their “rightful”
constituencies is solely to
correct mistakes made in the
past.
How can the management of the
elections be dynamic,
credible and trustworthy
without any hidden motives
when the EC has admitted to
making mistakes in the past
and the local wakil rakyats
were not informed about this
relocation exercise made in
October 2004? DAP strongly
condemns the planting of
voters in the Ipoh Timor and
Ipoh Barat Parliamentary
constituency that shows the
dirty, dishonourable and
desperate tactics to defeat
Parliamentary Opposition
Leader Lim Kit Siang and M
Kulasegaran respectively.
Such an increase of 8,463
voters in Ipoh Timor in only
3 months has endangered what
is considered a safe DAP seat
held by Lim Kit Siang with a
majority of 9,747 votes to a
dangerous seat Even Thomas
Su’s majority of 2,841 votes
in his Pasir Pinji state seat
is also in jeopardy. Tan Sri
Rashid had denied DAP’s
claims by stating that there
were only an increase of
5,998 new voters as follows:
1. The wholesale transfer of
the entire 3,804 voters from
Tambun and Gopeng
parliamentary constituency
into Ipoh Timor;
2. No increase in postal
voters; and
3. The increase in 2,194
newly registered voters.
Tan Sri Rashid claimed the
figures obtained by DAP
through a reply by Datuk
Mohamad Nazri in Parliament
was wrong. This is a serious
allegation implying that
Datuk Mohamad had misled
Parliament but there was no
action taken by Tan Sri
Rashid at the false
information given. If EC was
indeed independent, Tan Sri
Rashid would have either
lodged a police report under
the Election Offences Act or
insisted that Datuk Mohamad
apologize or justify his
figures but Tan Sri Rashid
appears to be more frightened
of Datuk Mohamad Nazri than
Datuk Mohamad Nazri is afraid
of Tan Sri Rashid.
Even the 5,998 new voters
conceded by Tan Sri Rashid is
still a significant increase
that may influence the
election results for Ipoh
Timor at the next general
elections. To win and lose in
electoral battles is normal,
but DAP would not accept any
defeat brought about by
unscrupulous manipulation.
For this reason DAP rejects
totally the explanation by
Election Commission (EC)
chairman Tan Sri Abdul Rashid
Abdul Rahman that the
“wholesale transfer” of
voters from Tambun and Gopeng
to Ipoh Timor Parliamentary
constituency is mainly to put
right what was not done in
the last general election.
A free press and enforcing
election rules against money
politics and abuse of
government machinery
The second critical issue
that Rashid must address is
ensuring a free press that
gives equal access to both
the ruling and opposition
parties. The success of the
government in controlling the
press has allowed it to
manipulate public perception
until an international poll
survey is equally duped into
reporting that 88% of
Malaysians polled were
satisfied with the state of
democracy in the country and
74% said elections were free
and fair, the highest in
Asia.
Many Malaysians were ignorant
of gross electoral
irregularities such as dead
men voting and different
electoral rolls issued in one
election because their level
of access to such information
was restricted by BN’s tight
control of the media. By
repressing press freedom the
government is suppressing
freedom of information and
access to the truth until
black becomes white; unfair
and dirty electoral practices
become free and fair.
The third critical issue to
be addressed is abuse of
government machinery and
money politics. The EC and
Rashid must enforce corrupt
electoral practices that are
banned by the Elections
Offences Act such as using
money or government machinery
to buy and influence votes.
For instance Tan Sri Rashid
shocked Malaysians on
7.3.2006 when he said that
that up to RM 110 million was
spent on elections posters in
the 2004 general elections
and RM 3.5 million was spent
in the recent Pengkalan Pasir
by-election.
Under section 19 of the
Election Offences Act 1954, a
candidate for every
Parliamentary and state
constituency can not spend
more than RM 200,000 and RM
100,000 respectively. Clearly
the RM 3.5 million spent in
Pengkalan Pasir by-election
has far exceeded the legal
limit of RM 100,000 by 35
times.
Spending RM 200,000 on
Parliamentary seats and RM
100,000 on state seats mean
that a political party like
BN, that contested all the
219 Parliamentary and 445
state constituencies in the
2004 general elections, can
not exceed spending RM 88.3
million. Only BN has the
financial resources to spend
RM 110 million to spent on
posters alone in the last
general elections making
those elected illegal and the
whole ruling government
technically illegal under
electoral laws.
Spending above limits imposed
by the Elections Offences Act
1954 is an illegal practice
under Section 27 and is
subjected to a fine of RM
5,000 by the Sessions Court,
disqualification as a wakil
rakyat and rights as a voter.
However enforcement of such
laws are marked more by its
breach than its compliance.
EC’s failure to act and
question the legality of the
BN government not only makes
a mockery of the very
election laws it has drafted
but also the spirit of
democracy that votes should
not be bought and sold.
The final critical issue is
that the spirit, content and
substance of democracy must
be upheld by respecting the
principle of “one person, one
vote”. It is ridiculous that
the EC actively participates
in the gerrymandering of
constituencies until the
Putrajaya Parliamentary seat
has 5,558 voters as compared
to Kapar parliamentary
constituency with 103,269
voters. Such manipulation
violates the principle of
representative democracy and
dilutes the value of urban
voters to insignificance.
The EC should commit itself
to the position in the 1957
Merdeka Constitution which
prohibited gerrymandering and
protected democracy by
allowing only a 15% variance
in number of voters between
constituencies and not the
difference of 2,000% or 20
times now! All votes are
equal and can not be 20 times
more equal than others.
Electoral abuses are no
different in substance from
vote-rigging. Whilst there
are many other electoral
abuses, failure to address
these four critical issues
will indicate that Rashid
will have his tenure extended
by another year more for his
record as a compliant agent
of BN protecting its
interests, than for his
ability and capability to
conduct free, fair and clean
elections with the highest
moral authority, credibility
and integrity.
(12/12/2007)
* Lim Guan
Eng,
Secretary-General of DAP |