Bersih co-chairperson Ambiga Sreenevasan said Prime Minister Najib Abdul Razak would do better to have the Election Commission (EC) heads removed than to announce a special committee to oversee a commission that has already lost public confidence.
"The prime minister is doing this because he recognises that the EC does not enjoy public confidence, so in that case they (EC heads) must resign or be removed.
"To make them report to another committee is unconstitutional, because if you look at the federal constitution, they are supposed to be an independent body," she told Malaysiakini when contacted.
She was responding to aBernama report on Najib’s speech at the Agong’s birthday ceremony today, where he announced aspecial committee to oversee the commission will be set up to address lacking confidence in the EC.
However the report did not provide any further details.
Ambiga said the EC members have equal standing to a federal court judge and putting the EC under a committee is akin to putting the judiciary under another authority.
"They (the EC) are not a government department even though they behave like one.
“They have been behaving like a government department because they are being treated like one, so the sooner everyone realises the functions and powers of the EC, the better.
"That is why Bersih holds such a high standard of accountability for the EC," said the lawyer.
Ambiga said Najib's move is like fixing a gaping wound by using band aid remedies.
‘Overhaul EC members’
"If they really want to restore public confidence, (the way to do) it is to remove all of them (the present EC members) and replace them with people who enjoy public confidence and is of the highest integrity.
"The solution is very straightforward. Let the people in civil society recommend who should be members of the EC; it is a very simple solution," she said.
DAP supremo Lim Kit Siang similarly echoed Ambiga, saying even though Najib’s move was in the "right direction", the EC must start with a clean slate by replacing its chief and deputy chief, presently Abdul Aziz Mohd Yusof and Wan Ahmad Wan Omar respectively.
"The present chairperson and deputy chairperson had operated as if they are BN protagonists and politicians in taking on Pakatan Rakyat leaders," he said in a statement today.
The Gelang Patah MP said while the announcement was too preliminary to comment fully, the PM should have consulted Pakatan MPs for input first.
“It would have been more proper for Najib to have full consultation with the Pakatan Rakyat MPs on the this proposal before any announcement is made - so that it would be seen as an innovation which has received bipartisan discussion and support, including the full details involved,” he added.
Meanwhile, The National Institute for Electoral Integrity (NIEI) welcomed the special panel but called for the committee to be placed under Parliament for better accountability and transparency.
“The oversight committee is an important feature in terms of the growing public interest and concern over electoral reforms in Malaysia that requires a special body to be the guide and oversight over the reform process that requires greater, inclusive and transparent mechanisms," said NIEI chairperson K Shan.
"The prime minister is doing this because he recognises that the EC does not enjoy public confidence, so in that case they (EC heads) must resign or be removed.
"To make them report to another committee is unconstitutional, because if you look at the federal constitution, they are supposed to be an independent body," she told Malaysiakini when contacted.
She was responding to aBernama report on Najib’s speech at the Agong’s birthday ceremony today, where he announced aspecial committee to oversee the commission will be set up to address lacking confidence in the EC.However the report did not provide any further details.
Ambiga said the EC members have equal standing to a federal court judge and putting the EC under a committee is akin to putting the judiciary under another authority.
"They (the EC) are not a government department even though they behave like one.
“They have been behaving like a government department because they are being treated like one, so the sooner everyone realises the functions and powers of the EC, the better.
"That is why Bersih holds such a high standard of accountability for the EC," said the lawyer.
Ambiga said Najib's move is like fixing a gaping wound by using band aid remedies.
‘Overhaul EC members’
"If they really want to restore public confidence, (the way to do) it is to remove all of them (the present EC members) and replace them with people who enjoy public confidence and is of the highest integrity.
"The solution is very straightforward. Let the people in civil society recommend who should be members of the EC; it is a very simple solution," she said.
DAP supremo Lim Kit Siang similarly echoed Ambiga, saying even though Najib’s move was in the "right direction", the EC must start with a clean slate by replacing its chief and deputy chief, presently Abdul Aziz Mohd Yusof and Wan Ahmad Wan Omar respectively."The present chairperson and deputy chairperson had operated as if they are BN protagonists and politicians in taking on Pakatan Rakyat leaders," he said in a statement today.
The Gelang Patah MP said while the announcement was too preliminary to comment fully, the PM should have consulted Pakatan MPs for input first.
“It would have been more proper for Najib to have full consultation with the Pakatan Rakyat MPs on the this proposal before any announcement is made - so that it would be seen as an innovation which has received bipartisan discussion and support, including the full details involved,” he added.
Meanwhile, The National Institute for Electoral Integrity (NIEI) welcomed the special panel but called for the committee to be placed under Parliament for better accountability and transparency.
“The oversight committee is an important feature in terms of the growing public interest and concern over electoral reforms in Malaysia that requires a special body to be the guide and oversight over the reform process that requires greater, inclusive and transparent mechanisms," said NIEI chairperson K Shan.
‘Include NGOs’
He also called for the relevant NGOs and other agencies to be made consultative partners to the special committee to ensure that any reform is done according to international standards and principles of free and fair elections.
"The multiparty structure with adequate public participation and expertise is key to the democratisation process in Malaysia with consensus and involvement of all citizens and their elected representatives," he said in a statement.
NIEI, which last May called for such a committee under Parliament, said the panel could oversee the implementation of recommendations made by the parliamentary Select Committee (PSC) on electoral reform and act as a task force and monitor agencies on the prescribed reforms.
"NIEI states that electoral reform is a permanent and continuous process and guided by the internationally accepted Electoral Cycle Process, as it prescribes a process to study and implement examples of best practices and reform procedures and other critical areas regularly," he said.
He also called for the relevant NGOs and other agencies to be made consultative partners to the special committee to ensure that any reform is done according to international standards and principles of free and fair elections.
"The multiparty structure with adequate public participation and expertise is key to the democratisation process in Malaysia with consensus and involvement of all citizens and their elected representatives," he said in a statement.
NIEI, which last May called for such a committee under Parliament, said the panel could oversee the implementation of recommendations made by the parliamentary Select Committee (PSC) on electoral reform and act as a task force and monitor agencies on the prescribed reforms.
"NIEI states that electoral reform is a permanent and continuous process and guided by the internationally accepted Electoral Cycle Process, as it prescribes a process to study and implement examples of best practices and reform procedures and other critical areas regularly," he said.
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