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‘Stress test’ perceptions about M’sian democracy

At the start of the Global Financial Crisis (2007-2008) that shook the world, stress tests were undertaken involving financial institutions to evaluate how they would respond to the crisis. In some instances banks were also required to increase their contributions to the central bank.

We all know of banks, housing and mortgage companies and other financial and investing institutions that went under, affecting not only employment but in some cases even pensions for the elderly.

Many lost their homes and their savings. Unfettered greed got the better of many and wilful blindness on the part of those responsible contributed to this enormous economic tragedy. Malaysians must realise what they stand to lose if the spirit of democracy is continuously hijacked by an autocratic executive and individuals with questionable integrity and ethics.

In a similar vein it would be good to undertake a stress test on the status of Malaysian democracy. The credibility crisis we are facing as a nation reveals in many ways the innate strength or weakness of our democratic governance and institutions or whether it is all a sham.

Let us look initially at the whole question of separation of powers. The perception is strong that we have a very powerful executive that lords over the legislature and the judiciary.

To many this is a fact and the behaviour and conduct of the executive in recent weeks confirms this reality. There are also serious questions regarding the independence of our judiciary and the Anwar Ibrahim and Altantuya Shaariibuu cases highlight these realities.

This is also a hangover from the days of the Mahathir Mohamad era when our judiciary was so badly mauled. The executive is perceived to place its hidden hand in directing judicial decisions.

Let us also consider the state of the legislature. With the country facing such a challenge where the integrity and quality of the leadership is under question requests for the reconvening of Parliament is ignored. In any country worthy of being called democratic, this will be the first option for debate on an issue that is so very critical. Parliament provides this avenue where the right questions can be asked. Malaysians are denied this opportunity.

Our present government does not enjoy a two-thirds electoral majority in Parliament, nor does it enjoy claiming the popular vote in the last general elections. Serious questions remain about our Election Commission and the gerrymandering that gets a party which does not win the popular vote but secures a vast majority of seats in the Dewan Rakyat or the lower House of Parliament.

This is ‘justice’ and hijacked democracy Umno/BN style. Race, religion and fear are used to justify even the use of foreign funds to purchase election victory.

The opposition is asking difficult questions but they are being ignored or chastised. At least they seem to be playing a role that is perhaps the one redeeming fact about our democracy. Opposition MP’s are prevented from leaving the country. The executive meanwhile closes down a major newspaper under our media licensing regime. An independent task force set up to investigate the issue of money flowing into the PM’s banking accounts is disbanded.

Too close to the skin

This task force reports to the PM and when matters got too close to the skin of the executive this task force was disbanded and we have not seen or heard about the status of the last Attorney General. The Malaysian Anti-Corruption Commission (MACC) has also been badly handled by the executive, with senior investigating officers being transferred.

What does all this communicate to the ordinary citizen? To hell with the notion of separation of powers and very soon we will have a leading Malaysian politician stressing that Malaysia practices Islamic democracy, thus doing great injustice to both Islam and democracy similar to the expression Islamic human rights. The injection of religion brings in a measure of irrationality with emotions being played up.

The ‘fourth estate’, the media, is also muzzled. However we do have local online and foreign media that still are courageous to state the case and provide alternative news and perspectives. Now they are talking about controlling this medium as well.

We have reached an embarrassing state where there is more credibility accorded to media like Sarawak Report , an online investigative foreign medium that has exposed serious irregularities by the PM and other leaders in Malaysia.

So under the present circumstances ‘democracy a la Malaysia’ does not provide adequate forums for citizens to hold the executive accountable. The executive fears and their response to popular action is to react using brutal force. They transfers civil servants, subtle threats with leading members of the erstwhile task force confessing their fear of arrest.

Let us consider our supposedly independent institutions that act as a check and balance on power. What have we to say about the Royal Malaysian Police Force and other regulatory bodies? The perception that they are a lackey of the executive is quite widespread. Had the government executed the findings of the royal commission of inquiry on the police, many citizens would today have had a totally different perception of the police force.

When the ordinary citizen has no avenues then the option is to take to the streets. For a very long time Malaysians have been bullied by an autocratic executive and many feel the time has come again for individual citizens to stand up and be counted if we want to make a difference to the political climate in our nation.

Many will join the ‘Bersih’ movement motivated by this desire. You cannot claim that you are living in a democratic nation and be treated in this manner. Look at the executive and the MPs representing the ruling coalition. Just like sheep, mere followers who mortgage their minds and their convictions for democracy.

The call is to stand up for our children and their future and to send a clear message that the citizens are not stupid in this information and technology era.

To speak out is to pay a price especially when the PM has offered an increment next year to the RM5 million now provided as constituency allowances for MPs of the ruling coalition. Money politics and the practice continue unashamedly. So, our representatives can be bought and the silence of the majority in the midst of this enormous crisis shows how democracy in Malaysia is being subverted.

Money speaks louder than convictions

Here again money speaks louder than convictions amongst many in the ruling coalition. The nexus between money and politics has been the bane of Malaysian politics and democracy for decades.

Politicians have cried over this challenge. Many know but blinded by greed and power these issues remains unaddressed. The hope is that many more will speak out but the embedded culture of rent seeking, patronage and money often overrides their Islamic convictions.

So, all in all a stress test on our democratic framework truly at this time of crisis reveals that Malaysian democracy is at best a sham. We have institutional problems, systemic issues as well as poor quality leadership and representatives. The Election Commission, Bank Negara, MACC, etc remain institutions that are tightly reined in by the executive. It is a forum where even good men seem to sacrifice their integrity and not stand up.

Why are the MCA, MIC, PPP and Gerakan, parties represented in the ruling coalition, silent? Is this the price for membership of the coalition? If members of these parties understand they this is the time to make a difference they will speak out and take positions in the larger interest of democracy. To do otherwise is to condemn their political parties and their future by being blind to real issues in the short term.

We are at one of those special times in the history of our nation and when the critical mass disillusioned with the present leadership reaches a tipping point then change is what emerges. The crippling of democracy, the misdeeds of the PM, the character of the present leadership, and the disenchantment amongst citizens all constitute important feedback that no politician or political party worth its salt can ignore.

Mere brute force cannot bring subservience. The cost from such actions will plunge the nation into a ‘pariah’ status, a price too high to pay.

Look at the challenge facing Dilma Rouseff the current President of Brazil. Michel Temer, who leads the Democratic Party, has withdrawn their party’s support for the president. Major scandals involve kick-backs to politicians and their involvement with ‘Petrobras’ their major oil and gas company. The amounts indicated are US$5 million which pale into insignificance when compared with the US$760 million political donation in the case of Malaysia.

In South Korea a former prime minister, Han Myeong-sook, who was first woman PM for one year under then-president Roh Moo-hyun, was convicted of charges of receiving 800 million won (US$760,000) from a businessman as illegal campaign funding. She has just been convicted and received a two-year jail sentence. These are countries where the checks and balances seem to be working.

All avenues are closed

In Malaysia all avenues are closed and when the people want to express themselves through the Bersih march, serious warnings are expressed. ‘Bersih’ is the result of the intransigence of the executive and the lack of trust in the present leadership.

The prime minister talks about his obligation to rule but he must realise that this obligation requires the trust of the people. He does not want to be held accountable for his follies and misjudgements that continue to hurt the nation’s image and credibility.

So what we have are the fashions of democracy with little substance. We pay a lot of attention to the personality of the being but very little to the character behind the individual. Our institutions are a sham and an autocratic Executive is weakening the democratic spirit. We will have to claim our democracy and ensure that those who trespass against it are hauled up before the law.

When change comes many of the actions and statements of the present leadership, Ministers and those in power will be questioned. The chief secretary, the chief of the Public Services Department and even the new attorney-general will have to stand by their actions and ensure that their decisions were in keeping with the law. These very people should be held accountable if the future of our democracy is to be sustained.

It was Howard Zim who said, “Protest beyond the law is not a departure from democracy, it is absolutely essential to it”.

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