WORLDVIEW
Harun Rashid

The Umno Youth has approached the Human Rights Commission with a prepared statement. The statement apparently relates to the activities of the Umno Youth in the recent Lunas by-election. As such, this document has more than ordinary interest, since there are a number of questions related to the election procedures which remain unanswered.

Busloads of BN "helpers" were reported to have been recruited by the component parties to travel to Lunas to assist in the election process. Since active campaigning is illegal, the question to be answered is what function they were to perform. When asked, some said they were there to have a 'kenduri'. Others stated they had come to cast a vote in the election.

There is then the question whether any of these people were qualified voters, and were indeed entitled to cast their vote. If this is the case, then certainly their right to cast a ballot has been taken from them, and the officers of the BA parties are at fault to stop them. 

The police, who escorted the buses first to the police station, and then back to the highway to return to their homes, are also to be faulted for their role.

Dereliction of duty?

When asked if the passengers were on the electoral rolls, the Election Commission (EC) refused to give an answer. This is unusual, in that the duty of the commission is to prepare the rolls accurately before the election and make them public, so that all voters may ascertain if they are properly registered or not.

The question to be answered then, is why did the EC refuse to cooperate to protect the rights of the bus riders? If the bus passengers were properly registered, then the commission should insist that they be allowed to cast their vote in the proper manner. 

This must be seen as a dereliction of duty on the part of the EC, and the lapse needs to be investigated as to its cause. Certainly there is an injustice when registered voters are turned away at the polling place.

The suggestion is that there is a lack of training in the EC, first in the instructions they are given relative to the information that they should make public prior to the election and during the election day itself. The public confidence in the accuracy of the electoral roles is a serious matter, along with the refusal to verify the names of registered voters who have come to cast a vote.

It is to be assumed that the passengers on the buses were not registered to vote in Lunas. That is the only explanation for the conduct of both the police and the EC. The police would not knowingly participate in turning away registered voters. This is true also of the election commission officers, although their refusal to publicly verify that the passengers were not registered to vote in Lunas may have inadvertently aroused suspicion of complicity in a fraudulent procedure.

Electoral fraud

The issue is confused by the statements of people who have participated in previous elections as BN party members. They state that there is an established practice of bringing in phantom voters by the busload. They are familiar with the practice because they themselves have been the perpetrators of this type of electoral fraud. It would be unusual if they came forward publicly with these allegations.

Some members of the BA parties reported that many of their supporters who were long-time registered voters in the Lunas constituency found that their names had been stricken from the rolls without notice to them. When they came to vote they were denied their right to cast a ballot by election officials who were unable to verify their proper registration. This allegation needs to be investigated for its veracity.

Nothing is more important in a democracy than a general confidence among the public that proper and fair electoral procedures are being practised. While it is to be commended that the Umno Youth feels some responsibility for the confusion, the public confidence must be restored by a full investigation by an independent board, composed of members of both parties contesting. If the Election Commission is found to be at fault, then the root causes must be determined and corrected. 

If changes are required in the composition of the EC, then that is the proper procedure to restore public confidence. It is the Conference of Rulers and the King who are given the responsibility and authority by the Constitution to appoint the members of this commission, who then serve at their pleasure, and it is they who must oversee a satisfactory performance.

If it is required to restore public confidence, the members of the EC must be changed, and new procedures put into place to restore public trust. The Constitution speaks clearly on the matter. 

Right to vote

Every citizen has the right to vote. This right must be protected. It is the Conference of Rulers who must evaluate the performance of the EC to ensure that fairness is practised in future elections. The subject is presently being reviewed by the Human Rights Commission, and it would be appropriate for the King and the Conference of Rulers to participate actively in this review.

The Malaysian democratic experience has entered a crisis of public confidence. It is now clearly seen why there is such insistence on a two-thirds majority in the Parliament. The threat of changing the Constitution to further weaken the Conference of Rulers and intrude further on the rights of the voters tends to create hesitation to act. 

In the present circumstances there must be courage to restore the country to a proper course, and if the BN attempts to act on this threat, let all observe the manner in which our freedoms are attacked.