Malaysia’s compromised electoral system

ARCHIVES 2013

By admin-s On Sep 30, 2013

The EC is listed under the Prime Minister’s Office on the PMO website.

It’s not the “foreigner watch”, which I personally think is racist and problematic, that Malaysians should be most concerned about. The truth is that much of the election was already won before polling day. And what we should be most concerned about are the numerous amendments that have systematically opened up the electoral system to manipulation. These worrying amendments have also placed the Election Commission (EC) under the ruling party’s control.

Ding Jo-Ann, The Nut Graph

OUR electoral system is in a mess. This I got from attending and volunteering with the recently concluded Bersih People’s Tribunal on the 5 May 2013 general election.

Many have touted the 13th general election since independence (GE13) to be the most hotly contested in our nation’s history. That’s a fair assessment. Tensions rode high amidst talk of illicit ballot boxes and “foreigners” impersonating voters.

However, it’s not the “foreigner watch”, which I personally think is racist and problematic, that Malaysians should be most concerned about. The truth is that much of the election was already won before polling day. And what we should be most concerned about are the numerous amendments that have systematically opened up the electoral system to manipulation. These worrying amendments have also placed the Election Commission (EC) under the ruling party’s control.

What are some of the most damaging provisions in these amendments, and how did they come about?

EC’s independence

A crucial element in ensuring a fair election is an independent EC. This has been under threat from the very start even before independence was attained. EC members are appointed by the Yang di-Pertuan Agong. In our constitutional democracy, that means that the prime minister advises the monarch on who gets selected as an EC member.

The Reid Commission originally proposed that these appointments enjoyed “the confidence of all democratic political parties and of persons of all communities”. This specific wording, however, was watered down by a working group of British officials, rulers’ representatives and Alliance members. It now reads that EC members must “enjoy public confidence”[1].

This broad and vague wording dilutes the EC’s independence because it reduces the standard of acceptability for an EC member. The original wording would have ensured that an EC member must have the confidence of both government and opposition parties, and also that of Malaysia’s multiethnic community. The current phrase in the law in fact makes the standard of appointment much lower.

Indeed, there have been accusations that the EC now functions as a government department and not as an independent, impartial body. Currently, all seven EC members are retired civil servants. To compound matters, the EC is in fact listed under the Prime Minister’s Office (PMO) on the PMO website. The EC’s deputy chair, Datuk Wan Ahmad Wan Omar, has also described himself as a government servant “to this day”.