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C0NCLUSI0N: THANSF0RMIN0 MALAYSIA

INTO A MODERN AND PROORESSIUE

DEMOCRACY

BY

KOON YEul YIN

lw stRD ) clz
Strategic lnformation and Research Development Cenlre,
Petaling Jaya

The earlier chapters dealt with various road blocks or dead ends that stand in the way of us arriying at our final destination - developed nation status as well as a united nation. The drivers that are taking us along this journey to determine our future is the government of the day but in fact the ultimate decision on our destination is in all our hands, and it begins with the rilray we vote as I am fond oftelling everyone. During the past 50 odd years of our independence in peninsula Malaya, and since the merger with Sabah and Sarawak in 1963, the country's general elections have resulted in the Alliance and the Barisan Nasional government being elected to lead the country. The outcome of having only one party to govern t}re country since 1957 has been mixed. On the one hand, the relative stability and continuity in government has helped in the peacefirl development of Malaya and Malaysia. At the same time, as with all long governing systems, complacency has become the norm, leading not only to stagnation but even worse outcomes such as blatant patronage, abuse, corruption and a litany of other problems. The choice of government will soon come before us again in the next general elections. More than perhaps at any other point of our history the selection of the next government is critical to our making the transition to the next stage of development. That choice * the right of voters to select our leaders in a free and unfettered manner and in an environment where the electoral-playing field is made level for contending political parties - must be

vigilantly protected.
The most recent reminder that true democracy is still a work in progreSs

in

Malaysia comes from the Bersih-inspired movement and its efforts to bring about electoral reforms in the country. In our electoral system, the

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manipulation of electoral boundaries; the vast disparity of voter numbers among the constituencies, use of the governmental machinery in support of certain political parties'candidates; the growing incidence of phantom, postal and absentee voters; and various other irregularities and unethical practices have contributed to debasing the credibility and legitimacy of the electoral
process.

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will restore confidence in the country's electoral Process will depend on whether its terms of reference are substantive and meaningful and whether the BN majority members in the committee will be able to rise above narrow partisan interests. There is also concern as to whether the committee's
move proposals can be implemented before the next elections' In my view, the terms of reference of the committee
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Other more sinister threats to our system of democracy also exist as can be discerned in the first excerpt written by a retired army officer. Mohd. Arshad Raji writes candidly of the importance of ensuring the political neutrality of the army during periods of political upheaval. This is a subject not normally discussed in the media. In fact it is almost a taboo topic. However, we should all be aware of the dangers of political manipulation of the military and police, especially when political contestation becomes more intense. We should also recognise that any attempt to resort to intervention by the military and police in the political arena will bring our nation to grieve, besides derailing us from the democratic road that we need to pursue to attain developed nation status. It is undeniable that Malaysians owe a debt of gratitude to Bersih 2.0 for its recent bold campaign on electoral reforms. As a result, we are all today more aware than ever of the importance to clean up: the country's electoral system and to'ensure free and fair elections. It is equally important to be mindful though that other civil societies have campaigned for similar reform of the political system in the past but have failed. Therefore, how to ensure that the momentum created by Bersih 2.0 can be sustained and the full set of reforms contained in Bersih 2.0's proposals can be implemented still remains a formidable challenge.

broader range of issues beyond the Bersih proposals which focus on a cleanup ofthe electoral roll, reform ofpostal voting, use ofindelible ink and other electoral-related proposals. Key proposals for political reforms that have been left on the wayside during the past forty years include the reintroduction of local elections (see excerpt 3 by Wong Chin Huat below on the lack of progress even in Pakatan Ralcyat states); the upholding of the principle of 'bne person one vote" by restricting the disparity in constituency sizes and prohibiting gerrymandering; and adherence to the principle of administrative neutrality by barring ruling parties from buyrng votes through development pledges and misusing public facilities and aPParatus for electoral PurPoses. These require consideration by a royal commission with civil society representation rather than by a committee entirely comprised of politicians' To protect the integrity of the electoral system and process, the committee

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should also look into whether the 1962 amendment to the constitution which abrogated the Electoral Commission's right to enforce fair delineation of constituencies should be repealed, There have also been calls for the
commission to be free from economic or political pressure or influence and to full powers to implement decisions (see the excerpted article by Salbiah Ahmad which focuses on the current powerlessness of the EC on the matter of electoral corruption). In my view all these issues necessitate the full attention of a royal commission.
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In the aftermath of the Bersih rally, the government has announced the setting up of a parliamentary select committee to examine the electoral system. Many Malaysians, however, remain unconvinced of the sincerity of the government on this vital subject. One school of thought expressed in the excerpt below by blogger, Batsman is that 'hlthough electoral reforms are a necessity for a truly united Malaysia .... [a]ll the institutions of the state have been compromised by racism and narrow Malay nationalism. Without free and fair elections, a free and fair media, a neutral civil seryice, police and judiciary which have no interest in which political party wins the elections, Malaysia cannot be a truly united country." The prime minister in response has assured that the setting up of the
committee is being done to put to rest any suspicion that there is manipulation by the government in the country's electoral process. However, whether this

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Going Beyond Electoral Reforms

Beyond electoral reforms, a key part of Vision 2020 is ensuring the restoration of democratic norms and practices and reaffirming our commitment to safeguard and support vital institutions and Processes that are the hall mark of vibrant and flourishing democratic systems. Progress towards a strong and resilient democratic system should focus on four areas. Although I have touched on some of these areas in an earlier chapter on "Governancei' it is important to reiterate the democratic milestones to reach during the next few years if we are to be on track to attain Vision 2020.

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Upholding Constitutional Rights by Rescinding Authoritarian
Legislation
freedom; freedom of thought, conscience and religion; freedom of peaceful assembly; freedom of expression and information; freedom of association; and equality before the law without discrimination. various articles in the Malaysian constitution provide a sound basis for these basic freedoms and liberties. However, these provisions have been considerably weakened in the past fifty years, especially under the emergency laws that have long outlived their purpose. To uphold these rights in the original spirit of our federal constitution, repeated calls have been made for the repeal of the following legislation:

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Internal Security Act 1960; Public Order (Preservation) Act 1958; Prevention of Crime Act 1959;
Emergency (Public Order and Prevention of Crime) Ordinance 1969; Emergency (Essential Powers) Ordinance 1970; Essential (SecuriW Cases) Regulations 1975; Dangerous Drugs Act 1985; Restricted Residence Act 1933. There also appears to be no move to rescind or amend the Sedition Act and the official Secrets Act which have been routinely used against opposition figures, bloggers and journalists, and consequently muzzling whistle blowers

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run Razak on 16 September 20Ll of the repeal of the Internal Security Act, abolition of the Emergency ordinance, and amendment of the requirement of annual renewal of press and publication permits are modest steps in the right direction. The prime
minister's boldness in enacting these reforms has been applauded by many, although Malay supremacist groups, such as Perkasa which has been agitating

The announcement by the Prime Minister Najib

and political dissidents. For now though, Malaysians can take some comfort that the proposed new laws may take some Powers away from the home ministry and vest them in the judiciary. This makes the role of the judiciary eyen more important to ensure that there is no abuse of power by the
executive.

for harsher use of punitive laws against groups opposed to its notion of Malay
rights, are against any liberalisation of the status quo.

Restoring the Independence of the |udiciary

Separation of powers of the main branches of the state is a core characteristic of all democratic systems. Adherence to this key concePt is also critical to the

Critics and cynics have questioned whether these reforms are being undertaken by the government to gain popularity ahead of the coming elections in view of the potency of these civil freedom issues as campaign material for the opposition. concern has also been expressed on whether the new laws being put in place to deter terrorism may be misused by the
authorities and have the same effect of stifling legitimate dissent by providing the police with powers of detention without trial.

protection of constitutional rights and the attainment of Vision 2020t lofty goals. The drafters of our constitution had laid the groundwork for this by specifying 'the supremacy of the law and the power and duty of the courts to annul any attempt to subvert any of the fundamental rights [contained in

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the Constitution] whether by legislative or administrative action or otherwise"' (Reid Commission Report, para 161.)

Since 1988 however, the independence of the judiciary has been compromised by numerous actions aimed at undermining its powers and circumscribing its responsibility to protect, Preserve and defend the
constitution from legislative and other pressures. To restore the independence and integrity of the judiciary, it is necessary for the new government of the day following the next elections to undertake the following measures:

the official Secrets Act, and other national security laws introduced during it is to the colonial period have been consistently rejected in the past' Hence the PPPA amend to agreed credit of the prime minister that he has finally permits publishing provision requiring media companies to renew their A key reason for the change of heart seems to be the recognition "rrrroully. the same that, wiih the spread of the internet, the old media no longer exerts

. . . .

Uphold the rule of law and the supremacy of the federal constitution; Establish an independent judicial commission to ensure transparency:and objectivity in the appointment and promotion of judges and to Protect

influence over public oPinion. changes Although the proposed reform is long overdue, it falls short of the This is because the necessary to ensure media independence and freedom. the home minister with remains right to grant or revoke initial licenses still

arid cannot be challenged

judicial integrity;
Ensure the judiciary has the exclusive authority to decide whether an issue submitted forjts decision is within its competence as defined by law; Require all executive decisions to be subject to judicial reYiew.

Masjaliza Hamzah, the "in no way is this executive officer of the ientre for Independent |ournalism for sure going to transform Malaysian society.... [n]ot the media landscape announcement ministert] the [prime i"r] if,.r" are all kinds of changes that

in court. According to

didnt addressl'

The fact that the major media are owned by the parties in government is also means that the uneven Playlng field in favour of the government

At the same time, it is important that we exercise vigilance so that there is no inappropriate or unwarranted executive interference with the judicial process. A manipulated and dependent judiciary can only lead to a weakened
democracy. This impression of a compromised judiciary stands at the heart of the recent Perak constitutional crisis in February 2010 which saw the ousting

unlikelytochangeanytimesoon.Withmainstreammediacontinuingto to play toe the government line, it will be necessary for internet news sites and the critical balancing role in providing the public with alternative news ethics journalistic observe to strive analysis. At the same time, they should
and and principles of truthfulness, accuracy, objectivity, impartiality, fairness a to public accountability if they are to play a positive role in our transition

Pakatan Rakyat state government and its replacement by Barisan Nasional. My deep concern with this momentous event in my home state which not only sullied the judiciary but also the good name of the Sultan of Perak, Sultan Azlan Shah, led me to write several articles on the importance of returning the right to choose the state government to its citizens rather than have it arbitrarily decided upon by a court of law and behind closed doors. Two of these articles are reproduced below They serve as a reminder to BN of its poor track record in judicial reform and also of the importance of the Malay rulers to rise above partisanship in politics if they are to serve their subjects faithfully.

of the

fully developed societY.

Fostering Civil Society Participation and a Culture of

Transparency and AccountabilitY

It is undeniable that civil society today is playing a crucial role in the

more so when it is development of the democratic system in our country' the executive' control effectively clear ihat legislative power alone cannot

Advancing Media Freedom and Independence

There is no doubt that the growth of an independent and impartial media in

Despitethepresenceof,ep.essivelegislationandlimitationstodemocratic cause of ,p..., ,o*. .ivil society organisations have emerged to pursue the political, economic, social and fundamental rights and fr.Jdo*, in the civil, culturalfields.Throughactivitiesaimedatraisingpublicconsciousness,civil
and Bersih 2'0' Suaram' the society organisations such as Hindraf' Bersih and others are phying Bar Council, the Malaysian Civil Liberties Movement

Malaysia has been constrained by coercive legislations and ownership control over the major news outlets and publications by the ruling coalition parties. Calls for the repeal of the Printing Presses and Publications Act (PPPA),

avitalroleinprovidingalternativeyiewsonissuesofpublicinterestandby

democratic norms their resistance to coercive elements seeking to undermine

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and practices. The excerpt on The People's voice, one of two documents endorsed by civil society organisations and supported by various political
parties in February 2008 is one example of the alternative blueprint for nation building which differs from that of Barisan Nasional. Today, we see that the government is belatedly embarking on a limited

not Put our trust in Najib sweeping and the restrictive laws abolished, we should
and BNI'

Act, universities and laws such as the societies Act, Trade unions Act, Police All of them Universities colleges Act and Article L49 of the constitution.

Finally,Ihavenotseenanyjustifiabledefenceofoutmodedandarchaic

political reform programme. However, for real progress

in

democratic

reform, a vibrant and progressive civil society needs to take root and play the role of watchdog and catalyst. This cannot happen if freedom of expression, association and assembly continues to be circumscribed or politicized by the ruling government to its advantage. The satirical excerpt from the website, Planet of the Monyets included here is a commentary of the way in which government can drum up 'popular'support for its own causes. Far from being the work of a feverish imagination it is a reflection of what the critical public sees as the way in which key freedoms and rights are being cynically and opportunistically manipulated by BN. As the situation presently stands, civil society organisations are still facing threats to their freedom of association, organisation, assembly and expression. Although the constitution guarantees the right to freedom of peaceful assembly, the law requires that police permission be obtained before gatherings can go ahead. In the run up to the recent Bersih planned rally to demonstrate in favour of free and fair elections, it was the action

basic rights in violate or negate ihe constitutional provisions dealing with also has to be laws these of their present ?orm. The rescinding or amending prioritised in this current round ofpolitical liberalization'

Strengthening the Moral Basis of Our Nation

ethnic It is important to end by pointing out that we are a nation of diverse conduct of code moral strong groups, religions, cultures and languages' A

i, tt, gto. ihut ."r, hold

us together and make us a resilient and prosperous

d.*o.iu.y. This glue cannot be found in backward and narrow policies at emphasising the superiority of one community or religion or through can' however' addressing the perceived insecurities of various grouPs' We
and support before they can be adopted' Amongst the principles

aimed

principles as come togJthe, urrd ,tuy together if we can use various important discussion our common moral stand. These principles obviously need public

to

be

following; considered for our national mission, I would like to propose the

of

intransigent authorities

in

denying the permit which precipitated the

subsequent chain of events, culminating in the use of strong arm tactics against peaceful demonstrators. As pointed out by Amnesty International, "[t] his brutal crackdown on peaceful protesters is undermining Malaysia's claim to be a moderate democracy. Mr. Najib's government has chosen the path of repression, not reform." Even very staunch supporters of BN were repulsed by its sledge hammer tactics. Matthias chang, former political secretary to the fourth prime minister, Dr. Mahathir was so incensed by the governmentt handling of the entire episode that he wrote a scathing op-piece analyzing the
debacle and putting the blame on "uMNo leaders [who] are intellectually bankrupt and politically ouidatedl' (see excerpt 6 included here.)

. No citizen shall suffer unjustified

class

discrimination

in

economic and

gender, educational opportunities on the grounds of ethnicity, religion,

or other social characteristics;

The state shall invest sufficiently in education, healthcare and other public services so that fhe marginalised and Poorer grouPs in society are provided opportunities to improve themselves and the disparities
prevailing in the nation can be rapidly reduced; grouPs and communities shall respect one another equal fellow citizens with constitutionally-enshrined rights and duties;
as

. All individuals, .

In the latest attempt to appease national and international opinion after their mishandling of the Bersih rally fiasco, the authorities have also promised that the law prohibiting assembly will now be reviewed "to bring Malaysia in line with international standards, while ensuring that the police retain the right to prevent violent scenes on the nation's streets." However as pointed out in the
excerpted article by Kee Thuan chye, "[u]nless and until the reforms are truly

The scourge of corruption, which has taken deep root and is undermining

the moral and ethical basis of the nation while rewarding the
unscrupulous and unworthy, shall be eliminated'

greedy,