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| Five Proham members and 11 friends of Proham met on May 21, 2013 evening to discuss and reflect on GE 13 and subsequent developments from a human rights perspective. |
Proham recognises that there is an increased awareness of
the importance of general elections based on the historical high voter turnout.
This is indeed encouraging and it is also important to note that overall GE 13
was conducted in a peaceful environment.
Proham congratulates the Barisan National for securing
133 parliamentary seats to form the Federal government and the Pakatan Rakyat
for securing 89 seats and a higher percentage of the popular vote compared to
the BN. We note that securing higher votes does not correspond to a similar
percentage of the seats in parliament.
Size
of Constituencies
The variation of votes between some urban and semi-rural
and rural is very diversity. One could accept the rational for the small size
of voters in a Federal Territory like Putrajay which is only 15,798. However, the
example of two other parliamentary seats in urbanized Selangor is more
difficult to reconcile, were the variation among the constituencies differ.
A comparison of voters indicate two large a variation
between urban, semi-rural and rural constituencies. In Sabak Bernam (P 92) there are 37,390
registered voters as compared to Kapar (P109) which has 144,369 voters. This
variation is too great within a very urbanised state like Selangor.
Therefore when the EC and Parliament carries out the delineation
exercise in the later part of this year, there should be a propionate balance
between urban and rural constituencies in terms of number of voters. There must
be greater public engagement on this matter.
Election
complains
Proham notes through media highlights that there are many
complaints of phantom voters, election fraud and misconduct. In this context,
all parties who are unhappy with any matter pertaining to the conduct of
elections should use the appropriate formal channels to file elections petitions
so as to file the legal recourse and determine the truth of these allegations.
Citizens
right to peaceful expression of dissent
Proham also recognises that it is within the fundamental right
of citizens to express their unhappiness though peaceful assemblies. Proham
therefore calls on the Police to exercise greater discretion in not insisting
for the 10 day notice as these are peaceful assemblies and in the past the
Police have responded positively even at shorter notice. The 10 day notice requirement is viewed as
excessive by international human rights standards.
In addition the call for a People’s Tribunal to gather
evidence, enhance greater transparency and accountability is consistent with democratic
freedoms. Active citizen’s engagement and participation will enhance good
governance and ensure greater involvement of citizen’s movements at the
grass-roots.
Use
of Sedition Act inconsistent with PM Najib’s promise to repeal this act
Proham views with concern the use of the sedition act to
criminalise speeches in peaceful assemblies. The arrest and detention of Adam Adil
for 5 days can be viewed as stifling legitimate dissent in a peaceful way and
violation of fundamental liberties. The continual use of the Sedition Act is
not consistent with Prime Minister’s earlier promise to repeal it.
Furthermore the detention of 18 protestors outside the
Jinjang Police station on May 22, 2013 in showing solidarity for Adam Adil is
further sign of an emerging hard state suppressing human rights. Proham, therefore
calls of the Inspector General of Police to recognise the place for peaceful
expressions as a fundamental human right.
Strengthening
Parliament and enhancing parliamentary democracy
In the light of the GE 13 results, with no political
grouping securing a 2/3 majority in parliament and a stronger representation of
the opposition, it is proposed that Parliament be strengthened though the
establishment of parliamentary select committees including one for human
rights.
It is also our wish as citizens that parliamentarians
from both sides of the political divide will operate in a by-partisan way for
the common good of the nation.
In this context too we propose that the Suhakam annual
report and all major findings be discussed in Parliament especially the Suhakam
National Inquiry Report on the Land rights of the indigenous people of Sabah,
Sarawak and the Orang Asli’s of Peninsular Malaysia.
Appointment
of Suhakam commissioners
Proham echoes its earlier call on the Federal Government for
the timely appointment of human rights commissioners as their term ended on
April 23, 2013. Proham strongly feels that a non-functioning SUHAKAM is
detrimental to the needs of the nation namely to ensure that there is no
infringement of human rights and if any to take immediate steps to remedy the
same.
In this context Proham calls on the Federal Government to
take the speedy action in ensuring the appointment of the new commission with
immediate effect.
National
Reconciliation Agenda
The recent call by Prime Minister Najib for a National
Reconciliation Agenda is timely. Proham calls on the Federal Government to
institute a participatory mechanism for maximum consultation with all
communities and groups.
In this context, Proham, calls on all Malaysians to
exercise caution and maturity in the use of words and expressions in speech or
writing which are not consistent with national harmony and reconciliation. We
have great cultural and religious traditions which promote moderation and
tolerance. This must be the benchmark of Ministers in the cabinet and by
elected members of parliament and also public officials. The leaders must be
role models for behaviour which is consistent with reconciliation and harmony.
In addition, Proham recognises that National Reconciliation
must be built on the foundation of Inclusive Development for all Malaysians and
Human Rights, benchmarked by compliance to international instruments and consistent
with the Federal Constitution.
In this context, the ratification of the UN Conventions
for civil and political rights; the UN convention for Economic, social and
cultural rights and the UN convention for the elimination of all forms of
racial discrimination is most essential. This act will definitely shift the
discussion from political rhetoric to be firmly anchored in a strong commitment
for structural and institutional transformation of Malaysian society which is
urgently needed after GE 13.
Issued on behalf of Proham by Tan Sri Simon Sipaun
(Chairman) and Datuk Dr Denison Jayasooria Secretary-General) May 23, 2013
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