Press Statement, 19 February 2013
Election Misconduct and the Need for Election Observation
Pemantau Pilihan Raya Rakyat (PEMANTAU)[1] wishes to voice our serious concern over recent statements made by a deputy chief commissioner of the Malaysian Anti-Corruption Agency (MACC). The official was quoted as saying, “If the motive of dishing out money or a gift…to voters is to win support for a certain political party, but not a specific candidate, then it is not an offence.” She further justified her interpretation of the Election Offences Act on the basis that if a party is deemed to have committed an offence under the act, the MACC cannot prosecute all its members.
The MACC’s statement is misleading. Sections 8, 9 and 10 of the Election Offences Act does not specify that the acts of treating, undue influence, or bribery must be for the benefit of an individual candidate before they become an offence. The language of the Act is clear: these are offences regardless of who committed them and for whose benefit, when they are committed for the purpose of corruptly influencing any person’s vote or inducing the person to refrain from voting. It is, therefore, very disappointing that MACC is giving a free hand to political parties for vote buying and corrupt practices.
We are further concerned by reports of blatant campaigning by political parties and politicians, before the campaign period has been announced. BERSIH 2.0 has received complaints by the public of letters and flags with party logos exhorting them to vote for a certain party or candidate. Furthermore, officials have been quoted promising financial allocations and other benefits in exchange for votes. We remind political parties that these are offences under the Election Offences Act.
The Election Commission and the MACC must hold offenders accountable without fear or favour. We further urge the public to collect evidence of election misconduct and to make a police report and publicise it on social media. In the event that investigations are not carried out now, legal action may still be taken after the elections.
We share Bersih Sabah’s concerns on the impartiality of an accredited election observer, the Federation of Chinese Associations of Sabah (FCAS), following front-page reports of its acting president campaigning for Barisan Nasional. We call on accredited organisations to adhere to international standards and practices with regards to election observation, including a recognised code of conduct that places impartiality and independence as non-negotiable conditions.
Earlier this year, BERSIH 2.0, MAFREL and Pusat KOMAS launched Pemantau Pilihan Raya Rakyat (PEMANTAU), a citizens’ election observation initiative. PEMANTAU is aimed at further enhancing the people’s aspiration of a free and fair elections by mobilising citizens to be present during GE13 to observe the electoral process, deter and minimise the instances of cheating and fraudulent practices that may take place during the elections.
We have begun conducting briefings around the country and have managed to recruit about 2,000 volunteers. However, many more are needed to observe the upcoming elections and document any instances of cheating and fraudulent practices. The number of reports of misconduct and electoral irregularities, even before the dissolution of Parliament, are worrying. More than ever, Malaysia needs the eyes and ears of its citizens to ensure that our right to clean and fair elections is upheld.
Thank you.
Steering Committee, Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0)
Malaysians for Free and Fair Elections (MAFREL)
Pusat KOMAS
Press Statement, 19 February 2013
Election Misconduct and the Need for Election Observation
Pemantau Pilihan Raya Rakyat (PEMANTAU)[1] wishes to voice our serious concern over recent statements made by a deputy chief commissioner of the Malaysian Anti-Corruption Agency (MACC). The official was quoted as saying, “If the motive of dishing out money or a gift…to voters is to win support for a certain political party, but not a specific candidate, then it is not an offence.” She further justified her interpretation of the Election Offences Act on the basis that if a party is deemed to have committed an offence under the act, the MACC cannot prosecute all its members.
The MACC’s statement is misleading. Sections 8, 9 and 10 of the Election Offences Act does not specify that the acts of treating, undue influence, or bribery must be for the benefit of an individual candidate before they become an offence. The language of the Act is clear: these are offences regardless of who committed them and for whose benefit, when they are committed for the purpose of corruptly influencing any person’s vote or inducing the person to refrain from voting. It is, therefore, very disappointing that MACC is giving a free hand to political parties for vote buying and corrupt practices.
We are further concerned by reports of blatant campaigning by political parties and politicians, before the campaign period has been announced. BERSIH 2.0 has received complaints by the public of letters and flags with party logos exhorting them to vote for a certain party or candidate. Furthermore, officials have been quoted promising financial allocations and other benefits in exchange for votes. We remind political parties that these are offences under the Election Offences Act.
The Election Commission and the MACC must hold offenders accountable without fear or favour. We further urge the public to collect evidence of election misconduct and to make a police report and publicise it on social media. In the event that investigations are not carried out now, legal action may still be taken after the elections.
We share Bersih Sabah’s concerns on the impartiality of an accredited election observer, the Federation of Chinese Associations of Sabah (FCAS), following front-page reports of its acting president campaigning for Barisan Nasional. We call on accredited organisations to adhere to international standards and practices with regards to election observation, including a recognised code of conduct that places impartiality and independence as non-negotiable conditions.
Earlier this year, BERSIH 2.0, MAFREL and Pusat KOMAS launched Pemantau Pilihan Raya Rakyat (PEMANTAU), a citizens’ election observation initiative. PEMANTAU is aimed at further enhancing the people’s aspiration of a free and fair elections by mobilising citizens to be present during GE13 to observe the electoral process, deter and minimise the instances of cheating and fraudulent practices that may take place during the elections.
We have begun conducting briefings around the country and have managed to recruit about 2,000 volunteers. However, many more are needed to observe the upcoming elections and document any instances of cheating and fraudulent practices. The number of reports of misconduct and electoral irregularities, even before the dissolution of Parliament, are worrying. More than ever, Malaysia needs the eyes and ears of its citizens to ensure that our right to clean and fair elections is upheld.
Thank you.
Steering Committee, Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0)
Malaysians for Free and Fair Elections (MAFREL)
Pusat KOMAS