FOR more than six decades, Malaysians have enjoyed a system of good governance.
Yet, much of the election laws, inherited from British colonialists, contained loopholes and grey areas that were often exploited by those in power.
Although the system has allowed Malaysians to go to the polls in a civil manner 14 times since 1955, electoral laws never defined procedures for the nomination process, political funding, do’s and don’ts of a caretaker government and media freedom during election.
Electoral Reform Committee (ERC) chairman Tan Sri Abdul Rashid Abdul Rahman said it was the Pakatan Harapan government’s desire to overcome the electoral system’s disadvantages.
When ERC was set up by the government on Aug 28 last year, it was given a two-year mandate to recommend initiatives that will guarantee free, fair and transparent elections.
The committee has been going to the ground to gauge the people’s opinions in at least 11 locations since last year. It is engaging the United Nations Development Programme for Electoral Reform Assistance Project for this task.
Rashid, 76, who is a veteran in the management of elections, was the Election Commission (EC) chairman between 2000 and 2008.
He wants to create a level
playing field for political parties when they are involved in
elections.
“To be frank, our election laws are quite bad as we have been on our own for the past 60 to 70 years. The British gave us simple laws and a system that was sufficient enough to run elections since independence.
“In spite of the poor laws left behind by the British, the EC managed our elections quite well as it ensured the people’s right to vote, although, when you talk in terms of fairness among candidates, I must say our elections have been unfair,” he said during a special interview with the New Straits Times and Berita Harian at Balai Berita here.
Rashid oversaw the running of six general elections and six redelineation exercises during his three decades with the EC since 1979.
He said there was a lack of knowledge on the importance of elections among Malaysians.
“(Back then) people didn’t understand what were elections. When people went to polling booths, they did not know what they were doing, or the implications of what they were doing. They just followed the crowd.
“I once heard my mother asking my father, ‘Nak undi siapa? (who do I vote for?), which means she didn’t know what was going on.”
He said rules outlined in electoral laws had been practised successfully, but they were only as good as far as the conduct of elections were concerned.
“The other aspects of elections are not in a ‘good’ state. There are many missing components. By right, there should be 15 or 16 components, which need to be fulfilled in any election.
“It is not just about going out to vote. Voting is but one component. If we don’t take care of the remaining components, it is not a democratic election.
“It’s akin to a full grown tree with most of its branches not there.”
However, Rashid said, the biggest legacy left behind by the electoral system was the successful formation of a government that had been practising good governance since the time of Parti Perikatan, the predecessor to Barisan Nasional.
“Perikatan was a party that was established, and on top of that, provided good governance. Good governance has been established right from the beginning.
“In spite of lack of development and resources, the government, which was elected by the people, which did know what it was doing, did very well in steering the country to peace, fighting terrorism, creating a good administrative set-up and managing our resources.”
MEDIA FREEDOM AT ELECTION TIME
Explaining the 15 to 16 components needed for a free, fair and transparent election, Rashid said among the important components was media freedom.
He said media freedom was not part of any election law in the country, and this had allowed a ruling party to take advantage of the loophole.
“When it is not in the law, the party in power will take advantage of this. If this is not put into practice in elections, it will mean that the election is incomplete and undemocratic.
“We have to put in laws that allow the media to move freely and be fair.
“This should be the way, despite the fact that some media bodies are privately owned by individuals and political parties. During the election period, media bodies, particularly the electronic media, should ensure fair coverage.”
Citing an example, he said there had been blatant use of state media platforms to promote one party during elections in the past.
He said this was against the concept of media freedom.
“I give you an example. (Radio Televisyen Malaysia’s) TV1, TV2 and (Media Prima Bhd’s) TV3 will carry the message of only one party during the election. That means the government machinery is being used to run a campaign. If you put something on TV that praises one party, you are telling the people to vote for that (party).”
He said the media should instead become a platform for voters to get information about candidates and their parties.
“The media is the channel through which people will know what is going on, who is contesting and what party is carrying what message. It allows the people to be well-informed when they go out to the polling booths. But this is missing in the country.”
LAWS ON POLITICAL FUNDING
Another flaw in election laws, he said, was the absence of regulations related to political funding, election funding and state funding practices.
He said apart from the government’s plan to table a bill on political funding in Parliament, there was a need to include other laws that would improve electoral practices.
He said many advanced democracies in the world practised a system of state funding for political parties.
“Most advanced countries assist their political parties. They give money. This is what I mean by state funding. The state gives money to political parties to maintain their office, staff, activities and others.
“This is done because in a democracy, the more political parties you have, the better. People can have more options.”
Rashid said such a system could be adopted in Malaysia.
“I envy countries like Germany which spends €3 billion on political parties. And the state pays for half of the cost of campaigns as well,” he said, adding that such practices enriched the democratic process.
In this regard, he reiterated ERC’s proposal to have EC take over the role of the Registry of Societies (RoS) in registering political parties.
He said this only made sense as the EC is an independent body, while the RoS is an agency under the ruling government as it falls under the jurisdiction of the Home Ministry.
RULES FOR CARETAKER GOVERNMENT
Rashid said a proper law should be put in place to outline what a caretaker government could do or not do.
“There were cases of abuse of power during the caretaker government period. There were cases of abuse of government instruments and government staff. We will put it in black and white to stop these abuses.
“We have to make sure even if it is by way of convention, we must have a written convention or written agreement whereby when Parliament is dissolved, the (party) will be allowed to govern, but with sets of rules in place.”
Most advanced Commonwealth countries, he said, had written conventions or cabinet manuals pertaining to the conduct of the caretaker government.
“In Malaysia, we have 60 days (maximum period given between the time of dissolution and the time when an election must be held).
“We will adopt several good points and put it in practice.”
Rashid said the framework would be maintained as the (caretaker) prime minister would continue to do his job, and he may appoint ministers who would continue their jobs.
He said ministries would continue to run in a caretaker government.
“There will be no more misuse of government vehicles. We will put this in detail.
“The practice in the past was that the ruling party continued to rule the country. Nobody asked any question. This caretaker government is a concept that has not been realised.”
DO AWAY WITH POMP AT NOMINATION DAY
Rashid said another point in electoral reforms was to refine nomination day regulations.
He said ERC suggested that EC increase the one-hour objection period during nomination day, and set up a means to register candidates through an online system.
He said the one-hour objection period could be abolished for a more drawn out period.
“We will have a different form of nomination. We will recommend that candidates be given between one and two weeks to submit their nominations.
“That is a good time frame for them to register as candidates.
“What we are trying to do is to improve the system, which affects the public.
“It costs a lot of money to police crowds during nomination day. In fact, the gathering of such a large number of people is illegal.”
He said there should be no more pomp and pageantry at nomination centres.
“Look at nomination days now. People come with their army of supporters.
“They come in droves. They think that the bigger the group, the more powerful they are.
“It is a show of might.”
FIGHTING CORRUPTION IN ELECTIONS
One of Rashid’s main priorities as ERC chairman is to eradicate corruption in the electoral system.
He said this objective was in line with the government’s goal for a corruption-free administration and transparency.
He said it was important that corrupt practices be abolished.
“We were lucky to have good administrative practices in place in spite of the fact that there were corrupt incidences.
“We have been managing the country well. I believe the government elected after GE14, too, would continue the practice of good governance, perhaps better than before, minus some of the bad practices.”
He said he shared Prime Minister Tun Dr Mahathir Mohamad’s desire for a reformed electoral system.
“Dr Mahathir recognises that, and I always talk to him about it and advise him on how we cannot go on with laws that no longer keep up with the times. You have to change.”
Rashid said the ERC was working towards the creation of a law for elections, which might go against the separate legislation for electoral practices.
“Similar to what Amerul Muner Mohammad (ERC chief executive) said, we would like to have one piece of legislation.
“It should be one that is in-depth, just like what we see in Commonwealth countries which use only one law that covers an act and regulations.
“It will make things easier for everyone.”