Independent panel to review EC redelineation proposals one way to go - EC chief

The Election Commission is considering the formation of an independent panel to review proposals for the redrawing of electoral boundaries.

EC chairperson Azhar Azizan Harun said this was one method being looked at to boost the impartiality and transparency of a redelineation exercise's framework.

He said the proposal by Electoral Reform Committee (ERC) that a special commission be formed to carry out redelineation exercises for the EC was another way of ensuring the independence of the process.

However, he explained that unlike other countries such as Australia that practised such a system, the current framework in Malaysia meant that redelineation exercises still come under the EC’s purview for now.

“It is still too early a stage to say if this (ERC’s proposal) will be done.

“I agree, though, that this is one way to ensure impartiality, transparency and independence. There is another way being looked at by the EC [...] even if the redelineation is carried out by the EC, in the current framework, impartiality can be guaranteed by establishing a very robust check-and-balance institution (to decide on electoral boundary proposals)," he told Malaysiakini.

Azhar stressed this was as the current framework concerning the redrawing of electoral boundaries went "against the doctrine of natural justice".

Azhar Azizan Harun

He explained that, currently, although the proposed redelineation drawn up by the EC would be open to the public for scrutiny, it would still be left to the EC to decide on the merits of any objections.

After two rounds of public display, the proposal would be sent to the prime minister to present to Parliament.

"To me, it does not make sense for the EC to judge its own actions. There is no check and there is no balance.

"The doctrine of natural justice would require a fair hearing. It is not fair now as the person taking action is deciding on his own actions," the EC chief said.

Hence, that power should be taken away from the EC and placed in the hands of an "independent adjudicating body manned by properly qualified people who are unbiased and impartial".

Ad hoc judges could then appoint experts to be on the panel, Azhar proposed.

2018 redelineation review target

He was commenting on the statement by ERC chairperson Abdul Rashid Abdul Rahman, who yesterday said the committee would propose that the government sets up a special commission to handle redelineation.

This, he said, would allow the EC to focus on its core duty of conducting elections and remove accusations of political bias.

To this, Azhar said the ERC had yet to engage him on the issue. Even so, he expressed confidence it would do so once it was ready to bring the matter to the policy-making stage.

"I have established a redelineation policy committee which includes my deputy Azmi Sharom. I'm sure once they (ERC) are ready, they will invite us for engagement," he said.

Meanwhile, Azhar said he was targeting for the EC to complete within a year's time its review of the previous redelineation exercise that was approved by the Dewan Rakyat in 2018. 

He said the commission was in the midst of studying data, the various allegations made, and appointing experts to assist in the review.

"We have to study data, look at the redelineation, allegations that constituencies were separated by race and such, study demography as well as the delineation of infrastructure, and administration centres located centre within borders. There are lots of things to be looked into."

Azhar had reportedly said in March that the EC would embark on a review of the past electoral boundaries redrawing exercise to see if it was implemented legally and fairly. It would also analyse its effects on the economy, racial, and voting trends. - Mkini