Bersih calls for EC's duties to be split among three bodies
The Coalition for Clean and Fair Elections (Bersih 2.0) has proposed that electoral management in Malaysia be divided into three autonomous commissions with separate jurisdictions.
Currently, the Election Commission (EC) bears all the workload of election implementation such as voter registration, redefining constituencies and the conduct of elections such as nomination and enforcement of Election Offences Act with assistance from other agencies such as the Royal Malaysian Police (PDRM).
"The division of this election management body is proposed...
The Coalition for Clean and Fair Elections (Bersih 2.0) has proposed that electoral management in Malaysia be divided into three autonomous commissions with separate jurisdictions.
Currently, the Election Commission (EC) bears all the workload of election implementation such as voter registration, redefining constituencies and the conduct of elections such as nomination and enforcement of Election Offences Act with assistance from other agencies such as the Royal Malaysian Police (PDRM).
"The division of this election management body is proposed so that election management in Malaysia is implemented more efficiently and independently.
"This proposal was made based on a study report launched today entitled 'Three is Better Than One: Institutional Reforms for Electoral Management in Malaysia'," said Bersih in a statement today.
Commissioned by the election watchdog, the study was conducted by Chan Tsu Chong, a socio-political activist currently based in Malacca, who previously served as an outreach officer for Bersih.
Based on the findings of the study, Bersih is proposing that the EC be divided into three commissions, namely:
1. Election Commission (EC) - This commission will still be responsible for the election implementation process such as voter registration, nomination of candidates, implementation of polling day, vote count and declaration of election results.
2. Election Enforcement Commission (SPPR) - The responsibility of this commission is to monitor and ensure compliance with all election-related laws including the Elections Act 1958 and the Election Offences Act 1954.
In addition, the SPPR will also be responsible for regulating registration and management of political parties including political party funding and political party annual reports.
The proposed SPPR will have the power to investigate, issue warrants and summon suspects and witnesses. SPPR can also set up an Election Tribunal to receive complaints and conduct investigations.
This commission should comprise the Inspector-General of Police (IGP), the Chief Commissioner of the Malaysian Anti-Corruption Commission (MACC), the Attorney-General and four appointed members based on expertise, two of whom should be appointed from civil society organisations.
3. Boundary Commission (SP) - This commission would be established on an ad-hoc basis when there is a need to redefine based on the provisions of the 13th Schedule of the Federal Constitution.
Final casting power
Bersih proposes that this 13th Schedule be amended to give SP the final casting power to approve the demarcation proposal.
The SP must be composed of a Federal Court Judge, an EC member, an SPPR member, a director of the Department of Lands and Surveys, a director of the Department of National Statistics and two members with valid qualifications and at least 10 years experience in elections, statistics and geography.
"Bersih recommends that these three commissions be completely independent of the executive as well as the civil service and that all these commissions should be monitored and reported to the Parliamentary Select Committee on electoral matters in Parliament," it added.
Bersih also proposed a special committee to nominates candidates who are eligible to be members of this commission.
It suggested that the committee should consist of the prime minister, the leader of the opposition, the chairperson and a member of the Parliamentary Select Committee on Electoral Affairs, the Chief Justice, the chairperson of the Human Rights Commission (Suhakam), the president of the Bar Council, and a member of civil society organisations.
"Bersih believes that the most important reform is for electoral and institutional reform by reforming the electoral management body so that this electoral management body is seen as transparent, efficient and gaining the confidence of the people to hold the trust to conduct elections.
"The confidence of the people is highly dependent on the transparency of the election process and this election management body has adequate checks and balances," it said.
