Edmund and Sin Yew – stop the violation of human rights principles

Statement by BERSIH 2.0 chairperson Maria Chin Abdullah (16 August 2014)

I am absolutely disgusted with the recommendations made by Khalid Ibrahim and his lawyers, Edmond Bon and New Sin Yew, as they threaten to use the Registrar of Societies against PKR in order to resolve the Selangor crisis.

It is a low-down tactic and being human rights lawyers, Edmund and Sin Yew should know that the ROS and its processes are fundamentally against the freedoms of expression and association. This unacceptable action violates human rights and they should know better.

I strongly recommend that Edmund and Sin Yew stop violating the very principles of human rights that they so-called claim to support. Edmund and Sin Yew – both of you have a choice to make.

I also like to state that the views of Sin Yew do not reflect the position of BERSIH 2.0.

Selangor Crisis

What is already happening is Selangor is a worsening constitutional crisis of Selangor, with the retention of Khalid Ibrahim as a party-less Menteri Besar, and his announcement of the sacking of five Executive Councilors (EXCOs), and the impression that Selangor is now ruled by a de facto coalition of PAS, UMNO and Khalid Ibrahim. All these irresponsible developments have let down all Selangorians and Malaysians who believe in democracy and voted in the last general elections.

BERSIH believes the following:

1.     The parliamentary system is fundamentally based on political parties. It allows the ruling parties/coalition to change the head of government at any point in time they wish to. Any head of government worth his/her salt should just gracefully bow out. Khalid Ibrahim should just resign honorably after his sacking by his party.

2.     In the last Selangor State Election, the electorate of Selangor voted for a Pakatan Rakyat government. As Selangor is not a presidential democracy, Khalid has no direct and personal mandate. By not only shamelessly clinging on to power, but further announcing the sacking of five EXCOs from PKR and DAP, Khalid Ibrahim has doubly denounced democracy and betrayed the electorate.

3.     Khalid Ibrahim now has also demonstrated his utter contempt for His Royal Highness the Sultan of Selangor in his announcement of the sacking of the EXCOs, by usurping His Royal Highness’ power in terminating the service of EXCOs, in violation of Article 53(6) of the Selangor State Constitution.

4.     As long as the ruling parties/coalition still hold the majority in the legislature, their duly elected leader should be appointed as the Head of Government. Anwar Ibrahim as the national leader of the Pakatan Rakyat coalition is duty-bound to convene a caucus meeting of all 43 Pakatan Rakyat state assemblypersons (ADUN) to endorse a new leader, to end this constitutional crisis.

5.     Pakatan Rakyat now has the majority and it has presented a new leader which shows that the coalition still holds the legislative majority. There is no doubt on who is “command[ing] the confidence of the members of the Assembly”, whom His Royal Highness can swiftly appoint as Menteri Besar, as mandated by Article 55(2)(a) of the Selangor State Constitution. The constitutional crisis can then end immediately, restoring the health of constitutional monarchy and parliamentary democracy in the state.

6.   PAS as a coalition member cannot stand with Khalid Ibrahim anymore, nor use the excuse of not accepting a woman as the new MB. It is sexist, baseless and goes against the grain of the Federal Constitution, which forbids gender discrimination under Article 8 (2). By stating your stand against Khalid Ibrahim and recognising that Pakatan Rakyat now has the majority support of the ADUNs, it will immediately stop the deepening of the Selangor crisis. PAS needs to do the right thing.


Issued by Maria Chin Abdullah, Chair of BERSIH 2.0