Sarawak Pemantau Report_v3_A5

 The PEMANTAU Report for the 11th Sarawak State Election 2016 Published by: BERSIH & Adil Network Sdn Bhd A-­‐2-­‐8, Pusat Perniagaan 8 Avenue Jalan Sungai Jernih 8/1 46050 Petaling Jaya, Selangor, Malaysia. Tel: 03-­‐7931 4444 Fax: 03-­‐7931 4111 Email: info@bersih.org Website: www.bersih.org 2 Table of Contents Acknowledgement ................................................................ 4 Executive Summary ............................................................. 5 Major Recommendations ........................................................ 6 Introduction ........................................................................... 8 Background and Framework ............................................ 9 Methodology ......................................................................... 10 Limitations ............................................................................ 13 Findings ................................................................................. 15 2.1 Undue Influence and promoting feelings of ill-­‐will or hostility ................................................................................. 15 2.2 Bribery ................................................................................. 19 2.3 Treating ............................................................................... 28 2.4 Use of government machinery and resources ........ 31 2.5 Partisan behaviour by police and the Election Commission officers and observers .................................. 32 2.6 Illegal Campaigning ......................................................... 36 Unauthorised expenditures and excesses of RM100,000
................................................................................................................ 36 Use of polling stations for campaigning ............................... 39 Campaigning on polling day ...................................................... 40 2.7 Conveyance of voters ...................................................... 41 2.8 Procedural Irregularities .............................................. 42 Indelible Ink ..................................................................................... 42 Poor training of returning and presiding officers ............ 43 Last minute removal of a polling station ............................. 44 Overseas Voting .............................................................................. 45 Conclusion and Recommendations .............................. 47 Appendix 1 ............................................................................ 51 Appendix 2 ............................................................................ 55 3 Acknowledgement BERSIH 2.0 would like to thank all the individuals and organisations that contributed their time and resources to make the PEMANTAU Sarawak observation possible. In particular: • The BERSIH Sibu team, in particular Hu Ting Ung, Dominic Hii and Wong Meng Chuo; • Save Rivers, for mobilising their networks for volunteers; • Cyril Dan, for coordinating the Miri observation efforts; • Zoe Randhawa, BERSIH Senior Advocacy Officer and Chan Tsu Chong, BERSIH Senior Outreach Officer who were the mission coordinators; • Thomas Fann, BERSIH Treasurer, Fadiah Nadwa, BERSIH National Steering Committee member, Lena Hendry, volunteer coordinator, Nurul Nadhirah Aman, BERSIH Assistant Programme Officer, and Maisara Amira, BERSIH Administrative Officer; • All our volunteers from across Sarawak and West Malaysia; • Lawyers from Miri, Sibu and Kuching for standing by with legal help throughout the campaign period; • The members of the public who helped distribute PEMANTAU leaflets and contacted the PEMANTAU hotline with reports of election offences. 4 Executive Summary The PEMANTAU Sarawak initiative was launched in February 2016 after consultations between the BERSIH 2.0 Steering Committee, Secretariat and civil society leaders in Sarawak. The mission was to be a continuation of the PEMANTAU initiative undertaken for the 13th General Election (GE13) in 2013, but adapted to better suit to the unique nature of Sarawakian elections. As with the GE13 PEMANTAU, it was aimed at reducing or preventing fraud in the election and empowering local communities and individuals to take an active role in ensuring a free and fair election. A total of 93 observers were mobilised and trained to observe nomination day, the campaign period and polling day, in five target seats: Tasik Biru, Batu Kitang, Bawang Assan, Senadin and Telang Usan. In addition, a PEMANTAU hotline was set up and media reports were scrutinised for possible offences. This report has outlined eight categories of electoral misconduct: 1. Undue influence and promoting feelings of ill-­‐will or hostility; 2. Bribery; 3. Treating; 4. Use of government machinery and resources; 5. Partisan behaviour by police and the Election Commission officers and observers; 5 6. Illegal campaigning, including unauthorised expenditures, use of polling stations for campaigning and campaigning on polling day; 7. Conveyance of voters on polling day; 8. Procedural irregularities, including the last minute removal of a polling station and failings in the overseas voting procedures. The PEMANTAU findings illustrate that not only are there blatant disregard for the principles of free and fair elections by candidates, political parties and government institutions, but also clear breaches of election laws. The report finds the Election Commission failed to ensure the principles of free and fair elections were abided by and, more seriously, failed to enforce domestic election laws. The report further concludes Malaysia’s election laws must be strengthened, particularly to set boundaries for the conduct of a caretaker government and to make campaign financing more transparent. Major Recommendations For the Federal and State Governments to: − Introduce a moratorium on financial handouts, land titles, and other financial benefits once Parliament and State Assemblies have been dissolved. − Establish an independent and fair caretaker government prior to election period and set out 6 guidelines, roles and responsibilities for implementation. The Election Commission should: − Promote and develop international and domestic observation through an open and transparent process and establish election observation as integral part of the election processes. − Take responsibility to provide clear and precise information on roles and responsibilities of polling and counting agents. − Carry out thorough trainings for political parties and local officers, in particular the returning officers, presiding officers and enforcement officers for each constituency. Political parties and candidates should: − Make public declarations of election expenditure, including donations received and spent. − Adhere to fair and ethical standards in campaigning. 7 Introduction This report will document the conduct of the 11th Sarawak State Election, from nomination day until polling day, and assess the extent to which the election was free and fair. For an election to be “free”: • Candidates must be able to campaign throughout the constituency without undue barriers, save for ensuring law and order in the area; • Voters must be able to freely assess the manifestos put forward by the various candidates and make an informed choice; • Voters must be free to cast their vote with relative ease and free from interference on polling day. For an election to be “fair”, a level playing field and equal opportunities must exist for all candidates, regardless of resources and position. The candidates must: • Adhere to the spending limit of RM100,000 for Legislative Assembly candidates, in accordance with Section 19(1)(b) of the Election Offences Act, to ensure an advantage is not given to the wealthier candidates; • Not abuse positions within the caretaker government to obtain an advantage;1 1 Section 17(i), “Declaration of Global Principles for Non-­‐
partisan Election Observation and Monitoring by Citizen Organisations”, Global Network of Domestic Election Monitors, (3 April 2012) 8 •
Have equal access to media.2 This report will further consider the role of the Election Commission in ensuring free and fair elections and compliance with election laws and regulations. Background and Framework The PEMANTAU Sarawak initiative was a combination of efforts by BERSIH 2.0 and local NGOs in Sarawak, in particular BERSIH Sibu and Save Rivers. The program was based on the model of PEMANTAU carried out in the 13th General Election in 2013, which was developed in partnership with Pusat KOMAS and Malaysians for Free and Fair Elections (MAFREL). In 2013, the PEMANTAU team mobilised 3000 domestic observers to cover 89 parliamentary constituencies. A non-­‐partisan monitoring of elections by civil society and citizens has emerged as a key and meaningful element in strengthening democracy. These efforts have contributed towards cleaner elections, prevent conflict, and improve accountability. In the past two decades, millions of people in over 90 countries have participated in election monitoring to protect the integrity of their elections and to strengthen the accountability of the government and political parties. The GE13 PEMANTAU framework was based on these internationally recognised models and the conceptual framework for this 2016 mission remained the same. The framework was derived from the principles in the Universal 2 Ibid., Section 17(l) 9 Declaration of Human Rights3, the Global Network of Domestic Election Monitors4, Malaysia’s domestic legislation5 and BERSIH 2.0’s eight demands for electoral reform.6 The objective of PEMANTAU Sarawak 2016 was: To empower local communities to independently and impartially observe, evaluate and report on electoral processes so as to promote awareness of and a deterrent to electoral fraud. Methodology Forming the PEMANTAU Sarawak Committee: The PEMANTAU initiative started months before the elections were announced, with early consultations of stakeholders. In February 2016, a meeting of NGO leaders was held in Kuching and it was decided a committee would be formed to work in cooperation with Sarawakian NGOs. The PEMANTAU Sarawak Committee included representatives from BERSIH 2.0 and local NGOs. The PEMANTAU Sarawak Committee, consisted of: 3 http://www.un.org/en/universal-­‐declaration-­‐human-­‐
rights/ 4 http://www.gndem.org/ 5 Including the Federal Constitution, Elections Act 1958 and Regulations, Election Offences Act 1954, Election Commission Act 1957 6 http://www.bersih.org/about/8demands/ 10 1.
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Maria Chin Abdullah Farhana Abdul Halim Fadiah Nadwa Fikri Hu Ting Ung Cyril Dan The local coordinators in Sarawak coordinated the mobilisation and training of PEMANTAU volunteers in their respective regions. The BERSIH 2.0 Secretariat and Steering Committee ran Training of Trainers sessions for the coordinators and provided all the necessary training materials. Fully trained volunteers were stationed in 5 electoral constituencies in Sarawak: 1. Tasik Biru 2. Batu Kitang 3. Bawang Assan 4. Telang Usan 5. Senadin Ninety-­‐three volunteers were mobilised from nomination day through to polling day. To ensure non-­‐
partisan and ethical conduct by these observers, there were 6 conditions placed on the PEMANTAU: 1. PEMANTAU must be non-­‐partisan throughout the election period. Non-­‐active party members can be PEMANTAU, but must not campaign or demonstrate partisanship throughout the election period. PACA CAN NOT be PEMANTAU, even during the campaign period. 11 2. PEMANTAU must make clear their available level of commitment (nomination day, campaign period, polling day) and fulfil these commitments. 3. PEMANTAU must be over 18 years of age. 4. PEMANTAU must be Malaysian citizens. 5. PEMANTAU must not talk to the media or post on social media about their observation findings. 6. PEMANTAU must sign the PEMANTAU Pledge and follow the PEMANTAU guidelines at all times. The PEMANTAU teams attended campaign events of candidates within the constituency, observed the environment and other election-­‐related activities and conducted interviews with local residents. The PEMANTAU subsequently completed observation forms and attached documented evidence of their findings, including signed statements, photographs and video and audio recordings. The observers were trained to clearly distinguish between complaints, rumours, accusations and verified facts. Public Complaints Hotline: BERSIH 2.0 distributed over 5000 flyers throughout the state to promote awareness of voters’ rights and election offences. The flyers encouraged voters to report any election offences to a public hotline, via an online form, SMS/WhatsApp, phone call or email. The hotline was also promoted via social media and through press releases. Media Monitoring: BERSIH 2.0 Secretariat collected monitored news reports in Bahasa Malaysia, English and Mandarin for reports of any conduct that went against the principles of free and fair elections. 12 Limitations Similar to the experience of the GE13 PEMANTAU initiative, BERSIH 2.0 did not have accredited observer status from the Election Commission. Despite attempts to organise a meeting with the Election Commission before the Sarawak State Election, this request was denied. Observers therefore had to abide by the 50-­‐
metre limit around nomination centres and polling stations. PEMANTAU were not present for any processes that took place within these restricted zones and had to rely on second hand information in these cases. Any second hand information then had to be supported with documented evidence or a second source. Verification through the public complaints hotline was difficult and many reports through this method had to be discarded due to a lack of verified evidence. BERSIH 2.0 further recognised the challenge in observing a vastly rural state, where its presence is not a strong as in other areas of the country. As such, networks to mobilise volunteers and the financial costs of covering a significant area of the state were limiting factors. The PEMANTAU Sarawak Committee therefore chose to focus on five seats (Tasik Biru, Batu Kitang, Bawang Assan, Senadin and Telang Usan) to ensure resources and networks were not spread too thin. The criteria for choosing the five seats were: 1. Availability of trusted and reliable networks to mobilise volunteers. For instance, even though 13 2.
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Telang Usan was a very rural constituency, the extensive Save Rivers network indicated their willingness to become PEMANTAU. The accessibility of the constituency and transport costs to cover the constituency. Seats that were deemed marginal based on results in the 13th General Election, taking into account the changes from delineation. Seats where there were many reported incidents of cheating in previous elections, as indicated by local groups. Including a variety of urban, semi-­‐urban and rural constituencies. 14 Findings 2.1 Undue Influence and promoting feelings of ill-­‐will or hostility Undue Influence “Every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting, or on account of such person having voted or refrained from voting, at any election, or who by abduction, duress, or any fraudulent device or contrivance impedes or prevents the free exercise of the franchise of any elector or voter, or thereby compels, induces, or prevails upon any elector or voter either to give or refrain from giving his vote at any election, or who directly or indirectly interferes or attempts to interfere with the free exercise by any person of any electoral right shall be guilty of the offence of undue influence.” -­‐ Section 9(1) of the Election Offences Act 1954 Promoting feelings of ill-­‐will or hostility “Any person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, does any act or makes any statement with a view or with a tendency to promote feelings of ill-­‐will, discontent or hostility between 15 persons of the same race or different races or of the same class or different classes of the population of Malaysia in order to induce any elector or voter to vote or refrain from voting at an election or to procure or endeavour to procure the election of any person shall be liable, on conviction, to imprisonment for a term not exceeding five years or to a fine not exceeding ten thousand ringgit or to both such imprisonment and fine.” -­‐ Section 4A(1) of the Election Offences Act 1954 Few incidents of violence were reported to our PEMANTAU during the 11th Sarawak State Election. However, there were reports of cases that created a hostile or threatening election environment. The most common case of creating a hostile environment was the destruction and vandalism of candidates’ billboards and campaign posters. In a parliamentary reply, Deputy Prime Minister Zahid Hamidi indicated 47 investigation papers had been opened by police for mischief causing damage over RM25.7 This figure, however, will not accurately show the number of cases of destruction of campaign materials, as a number of candidates declined to make police reports over the damage and there may be other cases that were not reported in the media or observed by the PEMANTAU volunteers.8 Barisan Nasional, DAP 7 “Zahid: Police opened 84 investigation papers during S'wak polls”, (Malaysiakini, 25 May 2016), https://www.malaysiakini.com/news/342832 8 “BN candidate’s posters vandalized”, The Borneo Post, 4 May 2016, p.19 16 and PAS all reported cases of their billboards being vandalised.9 There were also cases of intimidation and harassment of party workers and candidates. In N.09 Padungan10, N.52 Dudong11, N.10 Pending12 and N.12 Kota Sentosa13, DAP party workers or candidates had their mobile phones hacked and unwanted SMS messages were sent out using their phone numbers. This also happened to PKR in N.11 Batu Lintang and N.73 Paisau.14 On 14 April 2016, BN candidate for Simanggang Francis Harden anak Hollis sent letters to the District Education Officer of Sri Aman, in his position as Assistant Minister of Rural Development & Assistant Minister of Housing, using the Sarawak United People’s Party letterhead. The 9 See ibid., “Police receive report of tampering with campaign materials”, The Borneo Post, 30 April 2016, p.7, “PAS election billboards knocked down”, The Borneo Post, 30 April 2016, BK008 N.13 Batu Kitang 10 “King Wei claims his phone is hacked”, The Borneo Post, 3 May 2016, p.10 11 “Lanang MP, special assistant’s phone hacked”, The Borneo Post, 4 May 2016, p.15 12 “Violet Yong, Christina Chiew claim to be victims of phone hacking:, The Borneo Post, 4 May 2016, p.19 13 “Umbrella forest pops up at DAP's Miri ceramah”, Malaysiakini, 4 May 2016, https://www.malaysiakini.com/news/340167 (accessed on 25 May 2016) 14 “PKR denies sending SMS about Adenan paying money to release kidnap victims”, The Borneo Post, 2 May 2016, p.3 17 letters identified teachers that were accused of supporting the Opposition and asked the teachers be transferred to other areas.15 The teachers lodged police reports over the letters. Threats were also issued regarding the lack of constituency development funds for areas that voted for DAP or PKR. Such threats were made by Amar Awang Tengah Ali Hasan while campaigning for Willie Liau in N.81 Ba’Kelalan16, BN candidate for N.45 Repok Huang Tiong Sii17 and BN party worker Wong Yien Ping, while campaigning for Janet Lau in N.54 Pelawan.18 In Long Tebangan (N77 Telang Usan), the Tuai Rumah threatened that those who do not support BN will not get allocation for their houses in the future.19 In Tasik Biru, PEMANTAU reported Nazri Aziz told voters he would not assist their tourism industry if they did not vote for the BN candidate. He also stated that those who voted for the Opposition were ‘stupid’.20 In 15 Lian Cheng, “Teachers seek clarification on SUPP’s ‘complaint letter’”, The Borneo Post, 28 April 2016, http://www.theborneopost.com/2016/04/28/teachers
-­‐seek-­‐clarification-­‐on-­‐supps-­‐complaint-­‐letter/ (accessed on 25 May 2016) 16 “Wrong for Baru Bian to take credit, says Awg Tengah:, The Borneo Post, 2 May 2016, p.10 17 “Huang: Count your losses and return to BN”, The Borneo Post, 30 April 2016, p.14 18 PEMANTAU Report: BA009, N.53 Bawang Assan 19 TU001, N.77 Telang Usan 20 TB001, N.02 Tasik Biru 18 N.63 Bukit Goram a banner was hung across a road warning opposition parties not to enter that village. N.63 Bukit Goram: BN banner hung across a road. [Village Barisan Nasional. Opposition parties do not enter] 2.2 Bribery “The following persons shall be deemed guilty of the offence of bribery: (a) every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector or voter having voted or refrained from voting at any election” -­‐ Section 10 of the Election Offences Act 1954 19 The need to prevent election bribery or ‘vote-­‐buying’ by candidates is an internationally accepted principle. In a detailed analysis on the effects of vote buying, Susan C. Stokes concludes: “It is undemocratic whether voters sell their votes out of a fear of losing minor payoffs, or out of a feeling of obligation to reciprocate, or out of a desire to be sure of securing a desired benefit now;…it is undemocratic in that it keeps vote sellers from having their interests accurately interpreted and made known, and in that it leaves them less autonomous than are the recipients of politically motivated public programs. In addition to being undemocratic, it has bad consequences, skewing public policy, creating inefficiencies, and reducing the supply of public goods. In light of these conclusions, the imperative is to search for ways to reduce vote buying in today’s developing democracies.”21 Furthermore, John James Kennedy has found the most common forms of bribery for votes are promises of future state benefits, immediate material rewards, and cash. He differentiates vote buying from campaign rhetoric as “the rewards are focused more on individuals than the community.” He highlights that the effects include “unequal access to local political offices and misuse of public resources… Only wealthy individuals and groups can afford to buy enough votes to 21 Susan C. Stokes, “Is vote buying undemocratic?”, Elections for Sale: The Causes and Consequences of Vote Buying, ed. Frederic C. Schaffer (Boulder, CO: Lynne Rienner, 2007), pp. 99–100 20 win office, and voters are literally selling their interests to the highest bidder.”22 Bribery occurred throughout both the campaign period and on polling day as monetary hand outs intended to influence the decisions of voters at the ballot box. The cash hand outs were often accompanied by an explanation that the money was for ‘special assistance’, travel allowances, contributions for the community or awards for education success. However, to give voters money at campaign events, while actively promoting the election of a candidate, is clearly attempts to corruptly influence voters. In addition, cash was also observed being handed out on polling day itself to voters that had visited the Barisan Nasional campaign booth. During the campaign period, PEMANTAU observed money being given out to voters at Barisan Nasional events, where those given money were urged to vote for BN candidates at elections. In Tasik Biru, cash hand outs were given during an event on 4th May 2016 with Amar Abang Johari Tun Openg and at a RELA program at Dewan Suarah Bau on 5th May 2016 with Deputy Home Minister Nur Jazlan. PEMANTAU also recorded local villagers in Pekan Bau confirming they have received between RM30 to RM40 for attending BN campaign events.23 22 John James Kennedy, “The Price of Democracy: Vote Buying and Village Elections in China”, Asian Politics & Policy, Vol 2(4), (2009): 619, 627-­‐629 23 TB001, N.02 Tasik Biru 21 In Bawang Assan, at Nanga Tutus, Wong Soon Koh was seen giving an envelope to the head of the longhouse. Local residents then confirmed this was money to rebuild parts of a longhouse destroyed by a fire. In the same longhouse, local residents confirmed they had been promised money.24 In Telang Usan, on nomination day, our PEMANTAU reported those present to support BN candidates were given RM20 ‘allowance’.25 In Long Bemang, five groups were given RM2000 each to prepare food for Dennis Ngau’s visit.26 In Kapit, local residents were sent letters from PBB Kapit, inviting them to attend an event to receive ‘special assistance’ from Kapit MP Alexander Nanta Linggi, which they were informed would be RM500 per person.27 The Borneo Post reported numerous cases of bribery during the campaign period. On 29th April, RM9.69 million was given to 94 landowners as “compensation” for the Villages Extendion Scheme by the BN candidate for Asajaya Abdul Karim Rahman Hamzah.28 24 BA030, N.53 Bawang Assan 25 TU016, N.77 Telang Usan 26 TU010, N.77 Telang Usan 27 BA030, N.62 Katibas 28 “Land for young generation to inherit – Abdul Karim”, The Borneo Post, 30 April 2016, p.15 22 On 30th April, Adenan Satem’s wife was reported to be joining the campaign trail by giving away “contributions to students from Samariang constituency” at a Samariang Prihatin event in Lundu.29 On 2nd May, BN candidate for N.54 Pelawan reportedly handed out “study incentives” to students at an event held by the Sibu Labourers Association.30 At an event attended by BN candidates for N.71 Bekenu Rosey Yunus and N.72 Lambir Ripin Lamat, 117 students were given “incentives” by Adenan Satem from the Kedayan Education Fund31. In Serian, Zahid Hamidi gave out “cash assistance to several family members of Rela personnel who had passed away”.32 On 3rd May, Adenan Satem handed RM10 million to 235 landowners as ‘compensation’ for the Pan Borneo Highway.33 On the same day, MP for Kapit, along with BN candidate for Marudi, Penguang Manggil, gave RM5000 to the Women’s Bureau of Rumah Edward Ghanie Jaing.34 Prime Minister Najib Razak also gave 29 “CM’s wife joins campaign”, The Borneo Post, 1 May 2016, p.5 30 Janet reminisces on Labour Day, roots for Team Adenan”, The Borneo Post, 3 May 2016, p.9 31 “Rosey, Ripin to retain posts if re-­‐elected”, The Borneo Post, 3 May 2016, p.11 32 “Zahid reminds people’s reps to assist Rela”, The Borneo Post, 3 May 2016, p.14 33 “Bayoi won’t be readmitted to BN if he wins – Adenan”, The Borneo Post, 4 May 2016, p.4 34 “Penguang eyes 80pct of votes in Marudi to go to BN”, The Borneo Post, 4 May 2016, p.6 23 RM200,000 to Rh. Jegai Jawa35 and RM200,000 to Rh Faizal in N.32 Simanggang.36 BN candidate for Dalat Fatimah Abdullah handed out ‘study incentives’ to students in SK St Jude, Kampung Kekan Dalat.37 On polling day, voting slips were handed out to voters at BN ‘pondok panas’, just outside polling stations. This occurred in Tasik Biru38, Batu Kitang39, Telang Usan40, Stakan, Asajaya and Kalaka41. These voting N.15 Asajaya: Voting slips given out at BN pondok slips were panas and later exchanged for money then exchanged for cash, ranging between RM16 (Telang Usan) and RM70 (Kalaka). In Tasik Biru, it was confirmed that this money 35 “Don’t pawn away your future for money, Najib tells Ibans”, The Borneo Post, 4 May 2016, p.7 36 “Vote candidates with high caliber, commitment, says Najib”, The Borneo Post, 4 May 2016, p.7 37 “Fatimah: More fruits of BN devt for Dalat”, The Borneo Post, 4 May 2016, p.10 38 TB001, N.02 Tasik Biru 39 BK009, N.13 Batu Kitang 40 S001, N.75 Senadin 41 PEMANTAU Incident Reports 24 was exchanged for voting for BN. The voting slips were all printed by BN headquarters in Kuching. A point of interest is the Election Commission’s position on bribery. In a 2010 by-­‐election, the then deputy chairperson of the Election Commission, Wan Ahmad Wan Omar said, “Article 10(A) of the Election Offences Act clearly says that any kind of money given by anyone to voters that can sway their vote can be interpreted as bribe or vote-­‐buying. You can say you interpret it as alms or financial aide (sic), but those are only excuses… If change of money from hand to hand happens, and if the recipient is a voter… it is clear.”42 This comment by the then deputy commissioner illustrates that the cash hand outs given during the election period, under party banners, during campaign events and even by candidates themselves fall under the election laws’ definition of bribery. Another form of corruptly influencing voters during elections was the announcement of both federal and state government projects during campaign events by the Barisan Nasional. The announcements of these projects were coupled with statements encouraging voters to vote for Barisan Nasional candidates in the election. While announcement by development projects by the Federal Government is no abnormal outside the campaign period, the scale of announcements solely based in the state of Sarawak made it clear they were 42 “Nik Aziz’z alms is bribery, says EC”, Malaysia Today, 3 November 2010, http://www.malaysia-­‐today.net/nik-­‐
azizs-­‐alms-­‐is-­‐bribery-­‐says-­‐ec/ (accessed on 26 May 2016) 25 designed to influence the outcome of the election. For example, a day before advance voting for police personnel, Deputy Prime Minister Zahid Hamidi announced RM250,000 for the Royal Malaysian Police's General Operations Force (PGA), Kuching camp, and stated he would only consider a request for a raise in allowances if they voted for Batu Kawah Barisan Nasional candidate Sim Kui Hian.43 In a written parliamentary reply, Minister in the Prime Minister’s Department Azalina Othman Said asserted that the Federal Government had approved 409 projects and programs worth over RM792 million during in the run up to the Sarawak state election. These projects were reported on a daily basis in the media and were observed by our PEMANTAU. Examples include a RM94.8 million water supply project for Bekenu, RM90 million for a bridge in Sungai Krian, RM70 million for a bridge in Telang Usan, RM54.3 million for water mains extensions in Beting Maro and RM50 million for longhouse repairs in Limbang. Other funds included cheques up to RM1 million handed out to churches, Village Development and Security Committees (JKKK) and schools for ‘upgrading’ or ‘rebuilding’ projects.44 From monitoring of reports in The Borneo Post, the caretaker state government also launched development 43 Lu Wei Hoong, “DPM dishes out RM250k to cops, vows more depending on who they 'cross'”, Malaysiakini, (2 May 2016), https://www.malaysiakini.com/news/339983 (accessed on 23 June 2016) 44 See Appendix 1 26 projects worth up to RM700 million during the campaign period. The majority of these funds came from the launch of the RM561 million Baleh Dam road, by BN candidate for Tebedu Michael Manyin Jawong. The remaining RM139 million went to projects such as treated water supplies, allocations to schools and other road constructions.45 Further evidence of corruptly using government powers to influence voters was seen in the handing out of land titles to individuals and villages throughout the campaign period and using these land titles as leverage for votes. For example, on 5th May, at a campaign event for BN cadidates for N.73 Piasau, N.74 Pujut and N.75 Senadin, Awang Tengah gave out 373 land titles to squatters in Miri and 104 land titles to individuals from Lambir and Bekenu.46 On 29th April, BN candidate for Asajaya Abdul Karim Rahman Hamzah gave out a total of 553 land ownership titles.47 45 See Appendix 2 46 Zikri Kamarulzaman, “Sarawak gov't awards land rights to 373 Miri squatters”, Malaysiakini, 5 May 2016, https://www.malaysiakini.com/news/340345 (accessed on 26 May 2016) 47 “Land for young generation to inherit – Abdul Karim”, The Borneo Post, 30 April 2016, p.15 27 2.3 Treating “Every person who, corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides or causes to be given or provided, or is accessory to the giving or providing, or pays or engages to pay wholly or in part, the expense of giving or providing any food, drink, refreshment or provision, or any money or ticket or other means or device to enable the procuring of any food, drink, refreshment or provision, to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote at such election or on account of any such person or any other person having voted or refrained from voting or being about to vote or refrain from voting at such election, and every elector or voter who corruptly accepts or takes any such food, drink, or refreshment or provision or any such money or ticket or who adopts such other means or device to enable the procuring of such food, drink, refreshment or provision shall be guilty of the offence of treating.” -­‐ Section 8 of the Election Offences Act 1954 Treating in the form of free food and drink was prevalent by BN, DAP and PKR during the campaign period. The PEMANTAU team in Tasik Biru confirmed free food was provided at all BN events they attended throughout the campaign period.48 In one event, a seven-­‐course sit down meal was provided to those who attended.49 DAP events were also noted to give out free food and water.50 In Bawang Assan, mineral water and 48 TB001, N.02 Tasik Biru 49 Ibid. 50 Ibid. 28 buffet food was provided at an event hosted by Wong Soon Koh at Nanga Tutus longhouse.51 In Miri, a campaign event for the BN candidates for Mulu, Telang Usan and Ba’Kelalan gave free food to over 1000 people at the 5-­‐star Pullman Hotel.52 On polling day, DAP and PKR part workers were observed giving out mineral water to voters in Batu Kitang and BN party workers were giving out free food as well.53 Treating in the form of provisions was also observed and recorded in news reports. In Sungai Biduk, Sibu, a campaign event attended by Wong Soon Koh on May 1st, 2016, handed out lucky draw prizes, which included smartphones and hampers.54 N.53 Bawang Assan: A campaign event by BN candidate Wong Soon Koh, handing out hampers and smartphones 51 BA030, N.53 Bawang Assan 52 S001, N.75 Senadin 53 BK008, N.13 Batu Kitang 54 BA029, N.53 Bawang Assan 29 On May 3rd, 2016, in Tasik Biru, the BN candidate, Henry Harry Jinep was observed giving out full scholarships to UiTM for students who had performed poorly in their exams.55 In Long Ikang, Telang Usan, a BN team from Sabah were observed distributing BN shirts, caps, and watches.56 Other provisions handed out at campaign events were free motor oil by the PAS in Lambir57, animal and fish feedstock by BN in Tasik Biru58 and fertiliser coupons by BN Bukit Saban.59 Lucky draw prizes, including smartphones and flatscreen televisions were handed out at an event with Abang Johari in N.74 Pujut60 and other lucky draws were held in N.14 Batu Kawah by BN candidate Sim Kui Hian.61 DAP was observed launching a solar water pump in Nanga Tutus longhouse in N.53 Bawang Assan.62 55 TB001, N.02 Tasik Biru 56 TU023, N.77 Telang Usan 57 “Villagers have fun at PAS’ mini carnival”, The Borneo Post, 2 May 2016, p.11 58 “Vote for BN to ensure uninterrupted development, says Nogeh”, The Borneo Post, 4 May 2016, p.12 59 “Don’t fall prey to the ‘taju’, Uggah reminds Dayak smallholders”, The Borneo Post, 29 April 2016, p.11 60 “7,000 expected at event with BN Pujut candidate”, The Borneo Post, 30 April 2016, p.12 61 “Umbrella forest pops up at DAP's Miri ceramah”, Malaysiakini, 4 May 2016, https://www.malaysiakini.com/news/340167 (accessed on 25 May 2016) 62 BA030, N.53 Bawang Assan 30 2.4 Use of government machinery and resources “The [abuse of state resources] endangers democracies by tilting political contests in favour of the incumbent. It also reduces trust in the legitimacy of political representation, since citizens perceive politics to be manipulated by government rather than based on fair competition. In addition, when state resources are used to favour the ruling party, the population ends up paying the bill. When civil servants on state salary engage in campaign activities, or state funds, equipment, or infrastructure are used for electioneering, citizens receive fewer and lower-­‐quality services than they are entitled to. This lowers the quality and efficiency of public service and delegitimizes the state as an agent working for the common good.” – U4 Anti-­‐
Corruption Resource Centre63
Use of both federal and state ministries resources for BN campaigning was evident during the campaign period. Many events attended by PEMANTAU included BN banners, logos and candidates, but the event was organised by government agencies of ministries. For example, the Ministry of Agriculture was seen giving out produce and goodie-­‐bags at campaign events for Tasik Biru BN candidate Henry Harry Jinep.64 The state government logos and federal government logos were used regularly on BN banners. On 28th April, the Ministry of Youth and Sports, along with the Sarawak Government, organised a campaign 63 Bruno Speck and Alessandra Flora, “Milking the System: Fighting the abuse of public resources for re-­‐
election”, U4 Anti-­‐Corruption Resource Centre, No. 7, (August 2011): 1 64 TB001, N.02 Tasik Biru 31 event for BN in N.06 Tupong.65 On May 1st, the National Unity and Integrity Department66, the Ministry of Industrial Development and the Malaysian Agricultural Research and Development Institute (MARDI)67 hosted campaign events for BN. Our PEMANTAU also observed BN candidate for Bawang Assan Wong Soon Koh using a government car to campaign.68 Wong Soon Koh also told the media he could access government helicopters for campaigning if he wished to use them.69 Adenan Satem was also seen using government cars while on the campaign trail in Miri70, Tasik Biru71 and Bawang Assan.72 2.5 Partisan behaviour by police and the Election Commission officers and observers During the campaign period civil servants were observed campaigning for Barisan Nasional in their 65 “Barisan Nasional confident of retaining Tupong with bigger majority”, The Borneo Post, 30 April 2016, p.5 66 “Rohani lambasts false social media postings”, The Borneo Post, 2 May 2016, p.7 67 “Dilapidated schools awaiting rebuilding, Julaihi assures SMK Sebuyau, Sk Sg Ladong”, The Borneo Post, 2 May 2016, p.7 68 BA030, M.53 Bawang Assan 69 “Soon Koh prefers car, speedboat, even on foot to helicopter”, The Borneo Post, 1 May 2016, p.14 70 S001, N.75 Senadin 71 TB001, N.02 Tasik Biru 72 BA030, N.53 Bawang Assan 32 official capacities. The most concerning of these events were those attending these events had been entrusted to ensure the smooth running of the elections in a non-­‐
partisan manner. On 2nd May, the Inspector General of PoliceTan Sri Khalid Abu Bakar and the Sarawak Commissioner of Police Datuk Muhammad Sabtu Osman attended a campaign event with BN candidate for Batu Kawah Sim Kui Hian and Deputy Prime Minister Datuk Seri Ahmad Zahid Hamidi, where Zahid Hamidi told the police forces present to vote for Sim to receive more funding.73 Under Section 5(1)(a) of the Elections Act 1954, it is the duty of the Election Commission to enforce fairness and impartiality on the part of all election officers, including returning officers (Sec 4(2A)). On 30th April, the returning officer for N.36 Layar Friday Belik attended a BN campaign event for candidate for N.37 Bukit Saban Douglas Uggah.74 On 2nd May, the returning officer for N.63 Bukit Goram Elvis Didit was part of a campaign event at the Gawai Bazaar in Kapit, along with the BN candidates for N.61 Pelagus, N.63 Bukit Goram and N.64 Baleh.75 73 “Dr Sim Kui Hian urged to show concern for PGA personnel”, The Borneo Post, 3 May 2015, p.6 74 “Don’t waste your votes on opposition candidates, Uggah tells Chinese community”, The Borneo Post, 2 May 2016, p.8 75 James Ling, “Call for inaugural Kapit Gawai Bazaar to be made an annual event”, The Borneo Post, 3 May 2016, p.16 33 N.14 Batu Kawah: BN candidate for Batu Kawah Sim Kui Hian, DPM Zahid Hamidi and IGP Khalid Abu Bakar at a campaign event for the police force -­‐ Utusan Online More concerning was the partisan nature of some of the accredited election observers appointed by the Election Commission. The Sibu Melanau Association organised a campaign event for BN candidate for Nangka Annuar Rapaee.76 The president of the Federation of Orang Ulu Association Malaysia, Gerawat Gala, stood as the BN candidate for Mulu. 76 “Works Minister woos voters in Nangka for Dr Annuar”, The Borneo Post, 1 May 2016, http://www.theborneopost.com/2016/05/01/works-­‐
minister-­‐woos-­‐voters-­‐in-­‐nangka-­‐for-­‐dr-­‐annuar/ (accessed on 7 June 2016) 34 The independence of the Election Commission was also brought into disrepute by the claims made by a number of BN candidates, who claimed it was BN who determined the outcome of the delineation exercise in 2015.77 Adenan Satem also claimed credit for creating two new seats for the Orang Ulu and said Barisan Nasional would work on creating another seat for the Penans in the future.78 Despite the seriousness of the allegations, the EC did not make any public statement denying these claims. 77 “‘Nansian a gentleman for supporting Henry’”, The Borneo Post, 29 April 2016, http://www.theborneopost.com/2016/04/29/nansian-­‐
a-­‐gentleman-­‐for-­‐supporting-­‐henry/ (accessed on 7 June 2016) 78 Radzi Razak, “Adenan wants new seat for Penans”, Free Malaysia Today, 2 May 2016, http://www.freemalaysiatoday.com/category/nation/2
016/05/02/adenan-­‐wants-­‐new-­‐seat-­‐for-­‐penans/ (accessed on 22 June 2016) 35 2.6 Illegal Campaigning Unauthorised expenditures and excesses of RM100,00079 “No expenses shall, with a view to promoting or procuring the election of a candidate, be incurred during the campaign period, by any person other than the candidate, his election agent and persons authorized in writing by the election agent on account-­‐-­‐ (a) of holding, convening or organizing any open public meeting, open public rally, open public display or open public entertainment or giving open public address or lecture; (b) of printing or issuing advertisements, circulars or publications; or (c) of otherwise presenting to the electors the candidate or his views or the extent or nature of his backing, or disparaging another candidate: Provided that this paragraph shall not-­‐-­‐ (i) restrict publication in a newspaper or other periodical of any matter relating to the election; 79 Section 19(1)(b) of the Election Offences Act 1954: Subject to such exception as may be allowed in pursuance of this Act, no sum shall be paid and no expense shall be incurred by a candidate at an election or by his election agent, after the date of publication of the notice of the election in the Gazette, during or after an election, on account of or in respect of the conduct or management of such election, in excess of—(b) one hundred thousand ringgit in the case of an election to a Legislative Assembly; 36 (ii) apply to expenses incurred by any person in travelling or in living away from home, or to similar personal expenses.” -­‐ Section 15A of the Election Offences Act 1954 Schools, community associations and NGOs were often seen hosting lavish events where BN candidates would give campaign speeches and urge voters to support them. These organisations were in addition to the various government agencies that hosted campaign events (as covered in Section 2.4). On 29th April, the Boulevard Group of Companies hosted a dinner where BN candidate for Senadin Lee Kim Shin gave a campaign speech.80 On 1st May, SJKC Chung Hua Spaoh hosted a dinner for 400 people, including parents and local residents, where the BN candidate for N.37 Bukit Saban Douglas Uggah urged those present to vote for BN. The principal of SJKC Spaoh also encouraged voters to support Uggah in the election.81 Similarly, in Sibu, SJK Thai Kwang hosted a dinner for over 500 people, where BN candidates for N.53 Bawang Assan, N.54 Pelawan, N.52 Dudong and N.03 Tanjong Datu were present to campaign.82 80 “Only Team Adenan can defend Sarawak’s rights – Lee”, The Borneo Post, 30 April 2016, p.14 81 “Don’t waste your votes on opposition candidates, Uggah tells Chinese community”, The Borneo Post, 2 May 2016, p.8 82 BA030, N.53 Bawang Assan 37 Other organisations that were reported to host events for BN candidates were the Bintulu Residents’ Office83, Pekida Miri84, the Sibu Labourers’ Association85, Jalan Kim San Temple Committee86, Sarawak National Youth Organisation (Saberkas)87, Riam Road Secondary School88, YaHijau89, Miri Chinese Chamber of Commerce and Industry90 and the Sibu United Chinese Association.91 The reason for the election law to prohibit expenses not authorised by the election agent is to ensure candidates remain within the RM100,000 cap in Section 19 of the Election Offences Act. If these organisations are not authorised, along with the various federal and state 83 “Adenan: Opposition’s GST promise is a lie”, The Borneo Post, 4 May 2016, p.3 84 “BN can wrest Pujut, Piasau if Malay voters are united”, The Borneo Post, 3 May 2016, p.2 85 “Janet reminisces on Labour Day, roots for Team Adenan”, The Borneo Post, 3 May 2016, p.9 86 “BN promotes religious freedom for the prosperity of Sarawakians”, The Borneo Post, 3 May 2016, p.12 87 “Adenan can get the oil royalty raised – Abg Jo”, The Borneo Post, 4 May 2016, p.10 88 “CM chips in RM2 million for RRSS’ proposed two new school blocks”, The Borneo Post, 4 May 2016, p.12 89 Karen Bong, “Green corners at schools for ‘Green Living’”, The Borneo Post, 1 May 2016, p.27 90 “SUPP ready to right past mistakes – Ting”, The Borneo Post, 1 May 2016, p.12 91 “Soon Koh: Drop in Chinese population a grave concern”, The Borneo Post, 1 May 2016, p.14 38 government ministries and agencies, this allows the candidates to circumvent the expenditure limit. There are significant weaknesses in the enforcement of the RM100,000 cap and campaign expenditure in general. The Election Commission has in the past claimed it does not have the power to audit the accounts submitted to it by candidates after elections, instead it only receives the report of expenditure.92 Furthermore, the current chair of the Election Commission Hashim Abdullah stated before the Sarawak elections that the EC was not concerned about how much a political party spends during elections, only the candidates themselves.93 Use of polling stations for campaigning “No person shall, during the campaign period, display or affix any election campaign material within a distance of fifty metres from the limits of any polling station.” -­‐ Section 24B(7) of the Election Offences Act 1954 92 “EC should be given power to audit political parties' accounts”, Astro Awani, 4 September 2015, http://english.astroawani.com/politics-­‐news/ec-­‐
should-­‐be-­‐given-­‐power-­‐audit-­‐political-­‐parties-­‐accounts-­‐
72199 (accessed on 22 June 2016) 93 Shazwan Mustafa Kamal, “EC: Not our business to monitor how much political parties spend during elections”, The Malay Mail Online, 27 February 2016, http://www.themalaymailonline.com/malaysia/article/
ec-­‐not-­‐our-­‐business-­‐to-­‐monitor-­‐how-­‐much-­‐political-­‐
parties-­‐spend-­‐during-­‐elec (accessed on 22 June 2016) 39 The following polling stations were used for BN campaign events, where the event banners and often BN flags were hung around the premises: • SK Pusa on 2nd May – Najib Razak and Razaili Gapor;94 • SK Perbandaran Sibu No.2 on 1st May – Chong Sin Woon;95 • SJK Thai Kwang on 29th April – Adenan Satem, Janet Lau, Wong Soon Koh, Tiong Thai King;96 • SMK Petra Jaya on 5th May – Hishamuddin Husseing and Fazaruddin Abdul Rahman.97 Campaigning on polling day “No person shall on polling day-­‐-­‐open or establish or maintain an office or a booth within the constituency in which a candidate seeks election for any purpose connected with an election other than the offices opened or established or maintained pursuant to subsection.” -­‐ Section 26(1)(c) of the Election Offences Act 1954 94 “IBS for restoration of 183 old schools – PM”, The Borneo Post, 3 May 2016, p.3 95 “Deputy minister say 90:10 policy needs to be implemented in stages”, The Borneo Post, 2 May 2016, p.14 96 BA030, N.53 Bawang Assan 97 Anne Muhammad, “Only BN can defend peace we now enjoy, Hisham tells teachers”, Malaysiakini, 5 May 2016, https://www.malaysiakini.com/news/340384 (accessed on: 26 May 2016) 40 Pondok Panas (campaign booths) were at nearly every polling station visited by PEMANTAU on polling day. There was a lack of enforcement by Election Commission officers and the police on duty to stop the illegal stationing of campaign booths outside polling stations. It also appeared party workers and candidates from all parties were ignorant of the law or in blatant disregard of it, despite the section allowing for up to one-­‐year imprisonment or a RM5000 fine. Party workers stationed at the pondok panas assisted voters in checking the polling stream they were assigned to.98 They also handed out campaign materials such as button badges99 as well as free food and water. There was also open campaigning by candidates, both on social media and in person. While candidates are permitted to enter polling stations to ensure the voting is carried out according to laws and regulations, candidates are prohibited from campaigning at polling stations on polling day. 2.7 Conveyance of voters “No payment or contract for payment shall, for the purpose of promoting or procuring the election of a candidate at any election, be made-­‐-­‐ on account of the conveyance of electors or voters to or from the poll, whether for the hiring of vehicles, vessels or animals of transport of any kind whatsoever, or for railway fares, or otherwise” -­‐ Section 20(1)(a) of the Election Offences Act 1954 98 BK009, N.13 Batu Kitang 99 Ibid. 41 PEMANTAU in Miri discovered a BN transportation hub, where taxis, vans and four wheel drives with BN stickers and flags were used to take voters to different polling stations.100 This was reportedly done in a very organised and planned manner. PEMANTAU also reported that four-­‐wheel drivers were given RM1,400 to transport BN voters back to vote. It was further reported by PEMANTAU that voters could go to the BN operations office in Miri to ask for transportation allowance of RM200. They would then be given a slip that had their voter details, BN logo, and the face of BN candidate for Telang Usan Dennis Ngau.101 2.8 Procedural Irregularities Indelible Ink102 Under the election regulations, the presiding officer is required to check the left forefingers of voters to ensure no indelible ink has been marked on that finger. The regulations are very specific. However, PEMANTAU received a number of complaints that ink had been marked on the wrong finger or wrong hand.103 In the SJK Thai Kwang polling station in N.52 Dudong, three voters confirmed the indelible ink was able to 100 S001, N.75 Senadin 101 TU007, N.77 Telang Usan 102 Section 19 (3) and (4) of the Elections (Conduct of Elections) Regulations 1981 reference the manner in which to check and mark voters’ left forefingers with indelible ink 103 BK008, N.13 Batu Kitang 42 wash of their finger.104 However, this was the only polling station to receive any complaints regarding the indelible nature of the ink. Poor training of returning and presiding officers Throughout polling day, the Election Commission made announcements of the voter turnout. At 2pm, the EC announced turnout was 44% and at 4pm, the EC said it was 52%. However at the close of polls at 5pm, the voter turnout jumped to 70%.105 According to Minister in the Prime Minister’s Department, Azalina Othman, the 18% jump in voter turnout in the last hour was due to a failure by 40% of polling stations to convey correct information to the Election Commission.106 There were cases107 reported by polling agents that they were not given copies of Form 14 by the presiding officers at the polling station, in violation of Section 25(12)(b)(ii) of the Elections (Conduct of Elections) Regulations 1981. This was observed reported to have 104 BA007, N.53 Bawang Assan 105 “Voting ends, turnout 'jumps' from 52pct to 70pct”, Malaysiakini, 7 May 2016, https://www.malaysiakini.com/news/340609 (accessed on 7 June 2016) 106 “Minister: Spike in voter turnout due to lack of information”, Malaysiakini, 24 May 2016, https://www.malaysiakini.com/news/342679 (accessed on 7 June 2016) 107 TU023, N.77 Telang Usan 43 occurred in Long Teran, Marudi.108 In Long Ikang in Telang Usan, the presiding officer refused to sign the copies of the Form 14 handed to the counting agents. Despite these violations of regulations, the final vote tally remained consistent with the party agents’ tallies. Instead of illustrating deliberate attempts to falsify results, these cases suggest unacceptably poor understanding of the election regulations by Election Commission officers. When the BERSIH Sibu PEMANTAU team made its report to the returning officer for N.53 Bawang Assan, he was unaware of the role of the enforcement team under the Election Offences Act and his duty to direct the enforcement team to investigate any complaints, in compliance with Section 27H of the Election Offences Act. As of 7 June 2016, there has been no communication to those making the reports on the legally required actions by the Election Commission.109 Last minute removal of a polling station Three days before polling day, on 4th May, a notice was published in the federal gazette stating the polling station of RH TK Pa’Berang in N.78 Mulu had been changed to SMK Bario. On further research, the PEMANTAU team discovered that the closed polling station was 2 hours walk from the newly allocated polling station. Furthermore, the polling station was 108 Greenpea, “PKR's battle against officialdom for Marudi seat”, Malaysiakini, 11 May 2016, https://www.malaysiakini.com/news/341046 (accessed on 7 June 2016) 109 BA008, N.53 Bawang Assan 44 only open for two hours, from 10.30am to 12.30pm. This meant voters who may have been unaware of the change in the last minute change in polling station would not have been able to travel to SMK Bario in time to cast their vote. When the EC was contacted regarded this change, the PEMANTAU team was told it was because all of the registered voters in Pa’Berang now stayed in Bario. However, it is questionable why this was only discovered and changed 3 days before polling day and if the voters were adequately informed of this change.110 Overseas Voting BERSIH 2.0 received a report from an overseas voter from Brisbane, Australia, who was unable to post his ballot in time. According to the report, the application forms to be an overseas voter were made available on the EC website on 14 April. The voter completed Form 1B on 15 April 2016 and emailed it to the EC. A confirmation email was received on 18 April 2016, stating that the application had been accepted. The voter did not receive any further communication after 18 April 2016. At 10am Malaysian time on 5 May 2016, the voter received his voting papers via courier service. The voting papers had been sent to him by the EC on 3 May 2016. 110 “Notice under Subsection 7(4): Polling districts and polling centres”, Federal Government Gazette P.U. (B) 201, 4 May 2016, http://www.federalgazette.agc.gov.my/outputp/pub_20
160504_P%20U%20%20(B)%20201.pdf 45 For the vote to count, it had to arrive at the returning officer by 5pm on polling day. The voter contacted courier services immediately and discovered the earliest that the ballot papers would arrive was the morning of 9 May 2016, two days after polling day. Before the election, registration for overseas voting was extremely low. Only 106 voters applied for overseas voting status. This is likely due to a lack of information and poor efforts to raise awareness about the process of overseas voting. The turnout rate for the overseas voters that had their application approved has also not been released or stated by the EC. 46 Conclusion and Recommendations The PEMANTAU Sarawak Committee found election offences were widespread and blatant during the 11th Sarawak State Election. There was little to no attempt to hide offences such as bribery, treating and illegal campaigning. This is likely due to the lack of enforcement of elections laws by the Election Commission. Awareness of the laws and regulations among candidates and local-­‐level EC officers is very low. Party agents openly confessed to PEMANTAU the offences they committed, but were surprised when informed that their actions were illegal under election laws. This was especially true of treating voters with free food and refreshments and the setting up of campaign booths on polling day. Political parties and party agents lack commitment to the principles of free and fair elections. This is likely due to a political culture that has developed over time, where if opponents are able to commit offences without repercussions, other candidates adopt the same tactics. Responsibility for poor awareness, compliance and enforcement of election laws and regulations must lie with the Election Commission. The election laws make it clear that enforcement lies in the hands of the EC. The EC is also answerable for the poor training of its own election officials. The EC was negligent in its duty to the people of Sarawak in ensuring their right to freely 47 choose their elected representatives through a level playing field was protected. Further findings suggest election laws must be strengthened to ensure the principles of a caretaker government are enforced, to prohibit the misuse of government machinery and resources and prevent use of government funds for campaign purposes. With reference to the PEMANTAU findings and recommendations for the 13th General Election and the Report on the People’s Tribunal on the 13th General Election in Malaysia, no concrete reforms have been carried out with the exception of improving the quality of indelible ink. The PEMANTAU Sarawak Committee reiterates the calls for the recommendations made by above the GE13 reports. In addition, the findings of this report illustrate the urgent need for the following: The Federal and State Governments should: 1. Introduce a moratorium on financial handouts, land titles, and other financial benefits once Parliament and State Assemblies have been dissolved. 2. Reform the Election Commission to establish a structure with institutions that are independent and autonomous from the government but may be accountable to the legislature and the judiciary. 3. Re-­‐appoint Election Commissioners who enjoy public confidence, have integrity, independent mind, and will uphold rights and democratic 48 principles when overseeing the administration of elections. 4. Establish an independent and fair caretaker government prior to election period and set out guidelines, roles and responsibilities for implementation. The Election Commission should: 5. Promote and develop international and domestic observation through an open and transparent process and establish election observation as integral part of the election processes. This will secure check and balance in the administration of the election processes. 6. Take responsibility to provide clear and precise information on roles and responsibilities of polling and counting agents so that they can be the secondary check on counting and results. 7. Carry out thorough trainings for political parties and local officers, in particular the returning officers, presiding officers and enforcement officers for each constituency. This training must cover election laws, procedures and their respective duties to ensure free and fair elections. For those entrusted with overseeing the conduct of elections, such training should further stress the principals of non-­‐partisanship during the election period. 8. Carry out greater awareness activities on the availibility and process of overseas voting. Ensure overseas voters receive their ballot papers in adequate time in order for the vote to be cast on polling day. 49 9. Improve disabled access to all polling stations on polling day. The MACC should: 10. Thoroughly train officers to understand the application of Election Act and related laws on corruption and financial misconduct so as to eliminate treating and bribery. Political parties and candidates should: 11. Make public declarations of election expenditure, including donations received and spent. 12. Adhere to fair and ethical standards in campaigning. 50 Appendix 1 Date Announced Amount by (RM) Zahid 250,000 Hamidi 2nd May Purpose Source Borneo Post 1,200,000 RM200,000 upgrades to thePGA Batu Kawah Camp church and surau, RM50,000 to the PGA Police Families Association Bridge for Sungai Krian Treated water supply in Pusa Replace water pipes in Pusa MRP for St Francis Asisi Church and JKKK Seropuk Sebauh oil palm smallholders Road upgrades in Bukit Semuja Daro Community Hall and SMK Matu upgrade Upgrade of Teruntum Surau Skim Sepupok Niah Road Project PPRT Project in Niah 1,000,000 St Jude's Church in Borneo Post 2nd May 2nd May 2nd May 2nd May Najib Razak 90,000,000 2nd May 1st May 1st May Douglas 6,000,000 Uggah Douglas 300,000 Uggah Najib Razak N/A 1st May 29th April 29th April 28th Fadillah Yusof Zahid Hamidi Zahid Hamidi Najib Razak Najib Razak 44,300,000 Najib Razak 10,000,000 James Dawos 155,000 100,000 35,500,000 Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post 51 April 28th April 28th April 28th April 28th April 30th April 30th April Najib Razak 7,000,000 Najib Razak 5,000,000 Najib Razak 300,000 Douglas 100,000 Uggah Wan 14,960,000 Junaidi Najib Razak 1,080,000 30th April 30th April Najib Razak N/A 30th April 30th April 30th April 30th April 30th April Najib Razak 200,000 Zahid Hamidi N/A 30th April Zahid Hamidi 2,000,000 Najib Razak 1,000,000 Najib Razak 94,800,000 Najib Razak 1,500,000 Najib Razak 1,500,000 Bunan Gega Bidayuh Cultural Centre Kuching Bidayuh Cultural Centre Bau SJK Chung Hua Bau Borneo Post Borneo Post Borneo Post Nanga Jagoi Church Borneo Post Flood mitigation in Sematan RM580,000 for a community hall and RM500,000 for building longhouses in Long Laput Funds for SK Long Laput Funds for Kampung Mareng longhouse in Kemena PETIPUN for Penan children in Kemena Water project for Bekenu PPRT housing for Bekenu PPRT housing for Lambir Set up of a Rural Transformation Centre in Bario Bario-­‐Pa'Lungan Road Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post 52 30th April Zahid Hamidi 200,000 5th May 29th April 4th May Zahid Hamidi Zahid Hamidi Aziz Kaprawi 20,000,000 29th April Zahid Hamidi 500,000 29th April Zahid Hamidi 500,000 Sekolah Menengah Pei Min 29th April Zahid Hamidi 200,000 29th April Zahid Hamidi 500,000 Miri Saberkas Night Market and Hawkers Association Sekolah Menengah Riam 30th April 2nd May Najib Razak 3,000,000 Projects in Marudi Najib Razak 54,300,000 3rd May Najib Razak 1,000,000 3rd May Najib Razak 400,000 4th May Najib Razak 20,000,000 Extension of water Free mains in Beting Maro Malaysia Today Rebuilding SK St NST Lawrence in Sri Aman Repairs to a longhouses in Simanggang Rela uniforms PEMANTAU report 70,000,000 21,400,000 Federation of Orang Ulu Malaysia Association* Batalion 10 camp quarters in Sibu Bridge in Telang Usan Road Transport Department in Sarikei SK Pujut Corner Borneo Post Malaysiakini PEMANTAU report Bernama Free Malaysia Today Free Malaysia Today Free Malaysia Today Free Malaysia Today Malaysiakini 53 4th May 4th May 5th May Zahid 8,000,000 Hamidi Nogeh 350,000 Gumbek Najib Razak 35,000,000 5th May 6th May 6th May 3rd May Maximus Ongkili Zahid Hamidi Zahid Hamidi Zahid Hamidi Total (RM) Funds for Rela 1,500,000 Upgrade of stalls in Kampung Duyoh Construction of SMK Long Semadoh in Ba'Kelalan 110 churches in Ba'Kelalan Breakwaters in Kuala Baram Repairs to An-­‐Naim Mosque inLutong Long Bemang Church 561,895,000 5,500,000 1,000,000 300,000 PEMANTAU report PEMANTAU report Borneo Post Borneo Post Bernama Malaysiakini PEMANTAU Report *FORUM Association was an accredited election observer when this announcement was made 54 Appendix 2 Announced Amount Date by (RM) 2nd Awang May Tengah 14,000,000 Abang 1st May Johari 1,000,000 2nd Adenan May Satem 8,000,000 Awang 1st May Tengah Abang 1st May Johari 29th April James Masing 29th April Janet Lau William 29th Mawan April Ikom Adenan 3rd May Satem Len Talif 3rd May Salleh 28th Adenan April Satem 30th April Adenan Satem 79,800,000 13,000,000 561,000,000 300,000 Purpose Water supply project in Lambir Kampung Kudei Bridge Rela Uniforms Treated water supply in Kota Samarahan Medan Niaga Satok upgrade Road from Baleh Dam to Nanga Mujah Tap water supply on Siong Tak Road Rumah Andrew 80,000 Balan Riam Road 2,000,000 Secondary School Sebayang-­‐
Tanjung Manis 6,000,000 road St Jude's Church 1,000,000 in Bunan Gega Development projects in 400,000 Dudong Source Borneo Post Borneo Post PEMANTAU Report Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post Borneo Post 55 30th April 30th April 30th April 30th April 30th April Adenan Satem 500,000 Adenan Satem 500,000 Adenan Satem 500,000 Sim Kui Hian 7,900,000 Jabu Numpang 3,000,000 Total (RM) 698,980,000 SJK Thai Kwang Kg Bijuray Community Hall Kg Skio Community Hall Kuching Hospice Centre Binyo River Bridge, Sebuah PEMANTAU Report Borneo Post Borneo Post Borneo Post Borneo Post 56