The Peoples’ Tribunal (Bersih 2.0)


We had an expectation that the elections
might be cleaner, you know, this time But, our hopes were dashed We saw immense fraud, cheating,
all forms of manipulations Making the elections totally unacceptable They don’t feel that, the will of
the people has been translated Into the result in this election Complaints were sent to the EC and
nobody was listening to them And police reports were made,
no investigations were done There was a dead lock.
There was no movement You know the door’s been closed There was this proposal to
have a People’s Tribunal We needed to set up a People’s Tribunal
because most of us have lost faith In the institutions that are supposed to
safeguard the elections to be free and fair All it means is that instead of going through
the formal process of the courts The people setup the tribunal
and express their views It is an important avenue in situations where
you cannot get the remedy anywhere else We wanted a balance of
foreign panel and local panel People who were involved in human rights work.
People who were involved in electoral reforms Who had knowledge and expertise, we are
very pleased with the panel that we have. Our task was to receive evidence from individuals,
groups about the way the election was conducted First we need to investigate whether any of the
allegations have got any basis at all That we need to know whether any
of those allegations are credible The people are coming together to address Some of the issues that have been
affecting them for a long time The ASEAN relation is not only between
governments but also the people ASEAN community should watch out for each
other and trust each other They all should come. Whether it’s the winner or
the loser, or the authorities, to explain So there is a lot of preparation involved
in trying to gather the lawyers To help us with the documentation,
the affidavits and gathering of evidences Prof. Gurdial has kindly agreed to
to be the lead and the counsel for this matter There is a lot of talk about the
fraud, illegalities and so on Let’s verify all these allegations in
a properly constituted tribunal Whether anything really went wrong or not
based on concrete evidence At the end of the day our best advocate is the truth All rise The People’s Tribunal is now in session And so we will be both investigating
the conduct of the last election As well as considering recommendations
for reform of the electoral system Given the time constraints, we will be presenting a sampling
of evidences in respect of three broad typologies Manipulation of the legislative framework
underpinning the elections. In other words The laws that exist, that could or could not
prejudice free and fair elections The second is manipulation of voter choice The choice made by individuals. To what extent
it could or may have been subverted And the manipulation of the administrative process The process by which the elections were carried out In this context we have invited all potential parties All organisations referred to these proceedings to
attend from across the political divide Ms Inungkiran, do you swear to state
the truth in your testimony? -Yes One week before the election My friends were all discussing about
their names being in the electoral roll Online They have never registered before And they found that their names [were]
on the electoral roll So I decided to look up for myself
and my name was there too The 6 critical issues that we have identified Consists of the Sabah Royal Commission of
Inquiry findings, where we call them RCI voters Voters issue, electoral issues related to addresses Voters who are non-Malaysians. Essentially they are
from Indonesia, Philippines, Pakistan and Bangladesh Voters with the same name and the same date of birth Last minute and unusual additions
to the electoral roll And questionable movement of voters And after numerous reports of Malaysian ICs
had been widely issued in Sabah And MERAP has coined a special
terminology called RCI Voters Which refers to the voters who are found in
the electoral roll with questionable ICs This person (would) not look out of place
in Karachi, or Kandahar But according to his Malaysian new identity card He is actually born in Sabah So we looked at his IC and then found him in
our 60,000 sample (of RCI voters) Our team has done an address completeness
analysis, this is the big picture Whereby, out of the 13 million voters in Malaysia for GE13 We found that almost 30% of these voters, they have very suspicious
or incomplete address information in the electoral roll All the…. as I understand it The discrepancies, the anomalies and all that.
-yes. And then reduced it to numbers, 13 millions total voters 30 percent of that, questionable? I think that was a telling….
-A tip of the iceberg Of course it is still, a tip of the iceberg. What was the number of electors who were
transferred out for no apparent reason? 2,195. One of the things that we found from our analysis Was this very famous house,
994, Jalan Papan, Pandamaran Which had 60 voters in the same location. When our lawyer explained the case.
And subsequently when the court decided. It was a five page decision. The last page he said, The court has no local standi to make
a decision, because of Rule 9A. Which does not allow the courts to oversee the
electoral roll once it’s gazetted by the Elections Commission. And he said section 9A precludes the courts from looking
into the electoral roll. Nevermind whether it is flawed or not. Even if you show it’s flawed, they can’t look into it?
-They can’t look into it. And B.N. is the absolute beneficiary of malapportioment. First the top part of the slide shows all
constituency sorted by electorate size. The one in red were those won by Pakatan Rakyat. Those in blue won by Barisan Nasional. An average size for a seat won by
Pakatan Rakyat had 79,000 voters. That’s nearly 60% larger than average seat
won by Barisan National which was about 47,000. In Malaysia, this unequal representation is a norm?
– It’s a norm. It’s a norm here. Unfortunately. It’s a norm that is unchallenged because I think partly
the electoral system, as part of my larger argument…. This was to preserve the one party state, established after 1969. So until we are challenging that, this will not happen. That gives the context on all those electoral manipulations
and frauds that’s happening, because it is actually systematic. If malapportionment is about manipulation
by creating disparity in electorate size, Gerrymandering is manipulation
by altering the electorate composition. If you have two constituency with the
same types of demography, You can change the outcome by changing the boundary. But you have more interesting things that
I cannot find an academic term to describe. After the constituency redelineation in 2003, Mr Ong Stayed put at Segamat, is now P140,
and the state seat, N02 Jementah, While his wife, Mrs Ong, and the remaining of his family
have now moved to P141 Sekijang, N03 Pemanis. Now if you were to believe that
the EC has done a fantastic job, We must conclude that the constituency
boundary cut across that house. And not only that house, it cut across that room.
And not only that room, it must cut across that bed. And they have that privy information that Mr Ong Sleep on the side of Segamat while
his wife sleep on the side of Sekijang. So after 2003 delineation exercise, there is actually
a new parliament constituency being created. And it is called P141 Sekijang. I have been voting in Segamat since 2004,
(am suddenly) voting in Sekijang. This is actually what Dr Wong has actually testified
earlier about “One Bed, Two Constituencies”. So I always pity my brother and sister in law. Come polling day, they cannot hold hand and
go to the same polling station to cast their vote. How did that happen? When we look at this, there are so many
households being treated that way. After looking at the registered addresses of
the 3008 votes of kampong Abdullah. One group is basically one single household. There are so many groups which
have both blue and red. Traditionally, this community has been very pro-opposition. And you look at the Sekijang, it’s BN having 80% of
the votes there when it was first created. We can safely conclude that Sekijang has been created
as a very strong incumbent government seat. And I would also like to speculate that it is a place to dilute any
kind of opposition vote that had been transferred there. He came with the helicopter when he was campaigning.
It was at the school, in the village. He promised that if we support BN and did not
vote for the opposition or DAP, “I will build roads. I will help you build…house.
We will give you any kind of assistance.” I’ve voted three times.
But it’s still the same at our place. In paragraph 5, you said that “I was paid RM20 and promised
additional RM80 each if we voted for BN.” Is that true? Yes. I was given RM20. But only half of us get the RM20.
The remaining RM80 was just an empty promise. Now, you were opposed in this election by?
-Dato’ Raja Nong Chik. You said here he had control and oversight of DBKL,
which is the Kuala Lumpur City Council. -Yes. Yes. It makes the whole battle an uphill one. First I have to state that Members of Parliament from
the opposition are denied their constituency allocation fund. So about one to two million Ringgit a year is
channeled directly to your political nemesis Meaning the ruling coalition representative
in that seat, even though you won So you’re saying that you’re given a different kind of treatment
when you try to do the same. Put up posters, your campaign I’m lucky if my banners can last two hours I’m not exaggerating. There was a clear bias manner in the way
the GE13 was covered in the (media) And the opposition was almost always
portrayed in a negative light The wider environment is what
constrains many of these journalists That leads to self-censorship. The legal requirement that are there,
the Printing Presses and Publications Act, An odious act that ought to be totally removed. The Communications and Multimedia Act Both of which, actually, do not
allow journalists the freedom Apart from the Acts,
which is the state coming in, How the political parties have gone into business,
or have joined up with political parties Subsequently, we get a situation in Malaysia, where not only
you have those legalistic control, but also economic control Again, I’ve statedthis many times before.
It’s related to 1) Ownership, 2) Control, 3) Socialization There has been a murder. Now, Murugan is your security officer.
-Yes. On the 5th of may, Murugan’s floating body
was found in a pond near Batu Gajah. -Yes. Tell us what Murugan told you. He received a threatening call.
He said they threatened to kill him To chop him with parang and to shoot him Did he tell you why they wanted to kill or shoot him?
-Yes. Murugan also told me that the threatening call was to stop him
from campaigning for Parti Keadilan Rakyat, and me. Murugan, is your son? She wants justice for her son. Until now
there is no police action taken or whatever it is. What happened to me as a mother,
should not happen to any mothers. There were waiting in the queue? -Waiting in the queue.
To vote? -Yes. And then what happened?
-And suddenly the polling centre was closed abruptly. What time was that?
-Around 11 o’clock. Was there any notice posted in these two kampungs? Telling the voters that they are going to close at 11?
-No. No Notice posted Mr Mohd Fadhli is in? -Yes.
Perhaps we can all another witness then At around 10AM on May 5, I went to vote at the school I went home after voting for the first time,
and I had lunch When I washed my hand, I realized the “indelible ink” was gone I went back home. I had my lunch,
I washed my hand. The ink is now, gone At around 1PM, I went to the same voting centre,
same room, following the same procedure And I succeeded to get the ballot paper for the second time.
But I did not put the paper in the ballot box Why did you go back for the second time? I did this to test whether the indelible ink was working or not Everyone can tell that the ink was not delible,
that there is the possibility to vote more than once You went to test the system? -Yes.
You young people do all kinds of things Because I…. don’t believe in the system I asked myself, if I could do it, how many
more people could do the same? So this is the advance voting ballot boxes.
-Yes So people voted and the boxes were transferred
to the police lock-up? -Yes. You say here that you saw the ketua balai polis,
the head of police opening the lockup area They enter the lock-up. And then
they moved up the ballot boxes From the police custody and then they (re)located(the ballot boxes)in the lorry which is outside the compound The information that I receive is
that one day prior to polling The cells will be opened. And EC will open
the cell to take out the ballot papers Because the tip off I received is that
they are going to exchange the ballot boxes They are going to duplicate exactly the
ballot papers with the serial numbers. I waited for EC to arrive. And then the car arrived.
I insisted on escorting the EC officers, into the cell They stopped me at the door with a rifle.
With an officer with a rifle I don’t remember how many officers they were.
But I remember the riffle This is contrary to what was promised to us I mean there is a security breach on
the ballot boxes for advanced voting If it happened in my constituency, it can happen to all
other constituencies where advance voting took place And if there is a considerable number of
advance voters, it will make a difference So theoretically it was possible for someone
who had already voted as an advance voter And vote again I have a voter who is an
Election Commission worker on that day She is a teacher. She received
an advance (postal) vote paper She decided not to send it back because not trusting
the system itself. So she just get that piece of paper On the day of voting, after she finished her duty at
2 o’clock. She went into the voting station and voted And who are the advance voters? In this case advance voters were
military personnel and police personnel. 240,000 EC workers and 50,000 media personals
were given the rights to do postal voting In fact if you combine the early and postal voters it is something like 371,000 The outcome of the postal voting process will
determine the winner and loser of many of those places Partly because it was very contested
election in these places So it was a contested election.
So this kind of advance voting Could make a difference between the
winner or loser in about 30 parliamentary seats And our issue is, it is the EC who
should be investigating these And all through our issue, the EC just does not investigate all
the incidents of illegality, of electoral violence, of electoral offences. They just do nothing. That is our issue with the EC.
And that is why I produced this I think we also not have to look at the attitude of the
existing EC, but look at what has happened over time Historically how the Election Commission has grown
and some of its powers has been reduced over time As a result, it decided to play a very narrow role,
it dismisses a lot of things as being outside its purview. And really I think it is difficult for them
to do that because they simply do not know To me they know exactly what they’re doing. Sorry. Because the Election Commission only has one job.
They don’t have to run the country They are not running the finance ministry. They only
do elections. And if they haven’t got it right by now Then I’m not sure that it is just a lack of empowerment I don’t see as being contrary to what I’m saying What I feel is that our role is not here to bash the EC.
Our role is to look at how to improve the system One of the ways to improve the system is perhaps to
look at the structure, the institutional structure of the EC And why it is being so difficult. I came to feel that some of
the difficulties is because their hands are tied legally The EC is supposed to be an independent entity as a statutory
board under article 113 and 114 of the Federal Constitution As it stands, it seems more of a department under the
Prime Minister’s Office both in function and in operations. Can you identify whether the Election Commission of Malaysia
is identified as being in the Prime Minister’s Department? Under E, Election Commission of Malaysia The election commissioner members
are all ex-senior civil servants So their thinking is, they are there
to serve the government of the day Two of the senior members of the Election
Commission are members of a political party So the question is, can senior members of
political parties “command public confidence”? The broader conclusion is also that there was institutional
failure on the part of the Election Commission Not just the Election Commission itself but also institutions
such as the Malaysian Anti Corruption Commission That officers or officials who are either unaware of the laws,
or they knew the laws but decided not to enforce them We have presented evidences of 51 witnesses. And presented
71 statutory declarations, by the people of Malaysia Whether at the end of the day after our
summation there is sufficient to suggest First, there were allegations that had been adequately
made out, based on the evidences presented And secondly to examine whether these are systemic
and germane to the entire electoral process, Or were they just some maladministration
that occurred along the way We have invited all players in
a fair, even-handed way We invited the EC. We invited the police.
We have invited the BN petitioners We have invited the BN Secretary General Everybody that has a role to play in shaping the future of
this country, in the context of elections and democracy People’s Tribunal do not have the force of law But it is people who shape history,
people who can shape governments People which are the motive force as
we have seen in the making of world history And of course you may fail But as one great Chinese philosopher once said You fail then you try. You fail, you try,
you fail, you try again until you succeed This is the logic of the people.
Thank you “It will be a tribunal of conscience, ….Mandated with the moral force by
the people to arrive at the truth. ” And indeed that is the strong point of a tribunal like this. It’s set up by the people,
It responds to the people And it is a manifestation of
the sovereignty of the people And we are accountable to the people

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