GE14 | It would be improper to allow the Human Rights Commission (Suhakam) to observe the general elections next month, the Election Commission has stated.

In responding to the criticism it has received over its refusal to give Suhakam accreditation to observe next month's polls, the EC said that the two bodies are accorded their own scopes of duty under the constitution, making it wrong for one to oversee the other.

In a statement by EC chairperson Mohd Hashim Abdullah, the electoral body pointed out that it is constitutionally entrusted with carrying out general elections, while Suhakam was enshrined with its own scope, fundamental liberties.

"The EC is the body that has been appointed in the Federal Constitution and possesses the authority as stipulated under Part VIII (Elections) of the Federal Constitution, whereas the Human Rights Commission (Suhakam) was established with its own jurisdiction, under Part II (basic rights) of the Federal Constitution.

"In this matter, the implementation of the elections is to be carried out by the EC, whose members were appointed by Yang di-Pertuan Agong. The EC is aware that Suhakam's members were also appointed by the King and in recognising that the body (Suhakam) has jurisdiction related to human rights, Suhakam should accord the EC the same recognition.

"Seeing as how the right to vote is a right guaranteed by statute, all regulations must be observed by all voters and the issue of fundamental rights exceeding statutory rights should not arise," he said.

'Improper for Suhakam to observe'

Hashim said it was therefore "improper" for Suhakam to oversee the EC.

He also reaffirmed that the EC upholds the basic rights of all Malaysians in accordance with the law, and "has never restricted any citizens from utilising their rights" in regards to the elections and in participating in the country's democratic processes.

He added that the electoral body considered Suhakam's involvement "unnecessary," seeing how the former had already invited several countries, as well as several independent and nonpartisan observers for the 14th general election.

The EC chair noted that candidates and contesting parties reserve the right to appoint agents as observers of every electoral process, which he estimated to number 250,000 for the coming polls.

Hashim also promised that the EC will ensure the smooth and fair running of the elections "without any outside interference."

It was reported yesterday that Suhakam had failed in its bid to be accredited as an election observer, but vowed to continue to monitor the election nevertheless. 

The EC has earlier this month announced that representatives from at least seven countries – Indonesia, Thailand, Maldives, Timor Leste, Cambodia, Kyrgyzstan and Azerbaijan – will observe the election, alongside the little known Malaysian Commonwealth Studies Centre (MCSC).

However, the EC has not stated the terms of reference for these observers, nor has it identified any of them, even though nomination day is tomorrow.