On behalf of Projek Beres (a collaborative project of Tindak Malaysia volunteers and independent Malaysians across the world), I uploaded Tindak Malaysia presentation to the Committee on matters pertaining to the electoral reforms
3. OPENING REMARKS
Who we are (citizen-initiated collaboration between Malaysians local and
abroad, having access to a variety of election-related resources and who aim to
provide a total and holistic proposal to improve our electoral democracy that takes
into account contemporary factors and interests.)
Objective (To improve the credibility and integrity of the Malaysian
electoral system in line with established principles and practices in other parts of the
world)
What we have undertaken so far (review of Federal
Constitution)
(proposals on constitutional amendments)
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4. WHAT IS CURRENTLY SET OUT IN OUR FEDERAL
CONSTITUTION
Concept of elections and representation
Institutions, the Election Commission
Delimitation
General concepts (fundamental
liberties, institutions, etc.)
Concepts relating to electionsConcepts relating to
elections
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5. OUR FOCUS DURING REVIEW OF FC
Equality of voter representation
Conditions for constituency delimitation
The Election Commission (as an institution, role, powers &
functions)
How government functions are discharged during the period
between dissolution of parliament and formation of a new
parliament
Oversight
“Elections Of The People, By The People, For The People.”
- Abraham Lincoln -
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6. REVIEW OUTCOME :
OUR PROPOSALS ON CONSTITUTIONAL AMENDMENTS
RELATING TO ELECTORAL REFORM
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7. REVIEW OUTCOME (1)
Equality of voter
representation
PROPOSALS ON
CONSTITUTIONAL AMENDMENTS
:
Composition of House of
Representatives (Dewan Rakyat)
Composition of Senate (Dewan
Negara)
Local government elections
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8. REVIEW OUTCOME (1-1)
Equality of voter
representation
^Composition of
House of
Representatives (Art.
46):
from 222 MPs to 229
MPs
Sabah maintain at
25; Sarawak
increase to 38; Johor
decrease to 24;
Selangor increase to
30; other States to
be adjusted
FT of KL, Labuan &
Putrajaya collectively
allocated 12 seats
What would the
new seat
distribution look
like ?
(proposals on constitutional amendments)
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10. REVIEW OUTCOME (1-3)
Equality of voter
representation
Composition of Senate
(Dewan Negara) (Art. 45):
To maintain 70 & finetune
appointment criteria to
reflect appointment
proportionate to voter
representation
Adjustments to
representation- 2
members from each
State, FT of KL, Labuan &
Putrajaya collectively
allocated 2 seats;
remaining 42
(proposals on constitutional amendments)
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11. REVIEW OUTCOME (1-4)
Equality of voter
representation
To have local
government elections
for:
Members of City
Council
Mayor of City
Council
Members of
Municipal and Local
Council
President of
Municipal and Local
Council
(proposals on constitutional amendments)
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12. REVIEW OUTCOME (1-5)
To recap on the
amendments
proposed…
Equality of voter
representation
Composition of House
of Representatives
Composition of Senate
Local government
elections
(proposals on constitutional amendments)
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13. REVIEW OUTCOME (2)
Conditions for
constituency
delimitation (Art. 116,
117 & Thirteenth
Schedule)
PROPOSALS ON CONSTITUTIONAL
AMENDMENTS:
On delimitation
Criteria for representativeness
Criteria for equality of voting strength
Criteria for transparency
Criteria for non-discrimination
Concept of electoral quota
New institution to oversee delimitation
^Boundaries Commission -
“independence” (to be appointed by the
Yang di-Pertuan Agong in consultation with
the Conference of Ruler and the
concurrence of the Opposition Leader.)
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14. REVIEW OUTCOME (3)
The Election
Commission (as an
institution) (Art. 114)
PROPOSALS ON
CONSTITUTIONAL AMENDMENTS:
(i) “independence”
members to be appointed by the
Yang di-Pertuan Agong in
consultation with the Conference
of Ruler and the concurrence of
the Opposition Leader. *Not
bound by Art. 40
EC members - Criteria for
appointment as EC member
(public hearings before a judge of
the Federal Court)
EC members – Criteria for
removal (membership in political
party)
EC members – not eligible to be
elected to as MP, Senator, ADUN,
local council member during 2
year period after ceasing to be
EC member
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15. REVIEW OUTCOME (3-1)
The Election
Commission (as an
institution) (Art. 114)
PROPOSALS ON
CONSTITUTIONAL AMENDMENTS
(..cont):
(ii) Separation of
functions
Delimitation to be
undertaken by a new
Boundaries
Commission.
Parliament has no
power to amend or
reject final
determination of
Boundaries
Commission
(iii) New role
Registration and
regulation of political
parties and political
organisation (so that
there is oversight
during elections)
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16. THE EC…AN ANALOGY…
The role of the
Election
Commission and
importance of
“independence”
(proposals on constitutional amendments)
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18. REVIEW OUTCOME (4-1)
Delimitation PROPOSALS ON
CONSTITUTIONAL AMENDMENTS:
To introduce a Boundaries
Commission to carry out
delimitation
Boundaries Commission may
increase or decrease number of
constituencies according to
delimitation criteria
Parliament has no power to
amend or reject final
determination of Boundaries
Commission
What about
the
appointment
process for
members of
the
Boundaries
Commission ?
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19. REVIEW OUTCOME (4-2)
Delimitation “independence”
Members of the Boundaries
Commission to be appointed by
the Yang di-Pertuan Agong in
consultation with the Conference
of Ruler and the concurrence of
the Opposition Leader. *Not
bound by Art. 40
Criteria for appointment as
member of Boundaries
Commission (public hearings
before a judge of the Federal
Court)
Criteria for removal from
Boundaries Commission
(membership in political party)
Not eligible to be elected to as
MP, Senator, ADUN, local council
member during 2 year period
after ceasing to be EC member
(proposals on constitutional amendments)
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20. REVIEW OUTCOME (5)
Oversight PROPOSALS ON CONSTITUTIONAL
AMENDMENTS:
To introduce an Election Ombudsman
Office
“independence” (to be appointed by the
Yang di-Pertuan Agong in consultation
with the Conference of Ruler and the
concurrence of the Opposition Leader.).
*Not bound by Art. 40
Election Ombudsman to inquire into,
review and address complaints and
grievances with respect to the conduct of
the EC and the Boundaries Commission
To issue orders for corrective action to be
taken
Election Ombudsman may recommend
removal of member of Caretaker
Government
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21. REVIEW OUTCOME (6)
an Independent
caretaker
government
PROPOSALS ON
CONSTITUTIONAL AMENDMENTS:
To introduce concept of
caretaker government (key
features)
Led by Interim PM
Appointed by Yang di-Pertuan
Agong with concurrence of
outgoing PM & Opposition
Leader
To introduce code of conduct for
caretaker government“The job of a caretaker government
should be limited to what its voters
rightly expect – continuity and security”:
Centre for Civic Education, Pakistan ,
March 2013
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22. REVIEW OUTCOME (7)
Referendum PROPOSALS ON
CONSTITUTIONAL AMENDMENTS:
Mandatory referendum
Referendum initiated by citizens
Referendum initiated by Federal
or State government
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Redistribute based on 1963 formula after expulsion of Singapore. The Sg seats were proportionately divided between SOM, Sabah and Sarawak.
EQ band: +/- 15% for SOM, +/- 25% for Sabah/Sarawak. Once we tidy up the DM, we can get within +/- 5% for SOM and +/- 10% for Sabah/Sarawak.
If our proposals were adopted for GE13, BN will still have won with about 118 seats.
28 Senate seats: 2 per State/Federal Territory. 42 by proportional representation.
This slide has to be redone with min text font of 28.