Supporters of pro-democracy group Bersih protest against a controversial
proposal to redraw electoral boundaries outside near the Parliament
House in Kuala Lumpur, Malaysia March 28, 2018. Source: Reuters/Stringer
THE re-delineation of electoral boundaries is a fundamental process in any democratic nation.
In fact, in Malaysia, the Electoral Commission (EC) has a constitutional
duty every eight years, minimum, under Sections 116 and 117 of the
Federal Constitution, to review the division of the Federation and the
States into constituencies and recommend changes they may think
necessary to ensure a balance in voter populations between all
constituencies in the country.
Considering that the last re-delineation exercise was carried out in
2003, the time was ripe in 2016 for the EC to embark on another
exercise, particularly in view of the changes in geography and
topography, level of development, demography, basic amenities and
communications infrastructure over the years due to a growing
population.
Chairman of the Election Commission of Malaysia Abdul Aziz Mohd Yusof (left). Source: Facebook – Henry Ling
It also could be due to the fact that the population has reduced due to migration or natural attrition.
The density of the population is the biggest factor – in major cities,
the population is usually very dense and high, in semi-urban, less so,
while in rural areas, the density is really low.
We actually planned to do it in 2013, but we had to prepare for GE13 (General Election 13) and had to postpone the exercise.
In practice, the notion of one man, one vote, lone value is not reasonable at all.
In towns, people live in apartments, flats and terrace houses – the
density is high. While in the semi-urban or rural areas, the distance
between houses are quite a distance.
A district like Kapit in Sarawak is roughly the size of the state of Pahang, but the population is low and is fully forested.
We cannot use an apple-to-apple comparison. Each vote is secret, and the
votes are given freely. A re-delineation does not make someone change
his preference – it is a personal decision. If the people don’t like
you, they won’t vote for you. It’s as simple as that.
Allegations that the EC was not transparent and the re-delineation proposal was not presented to the people is simply not true.
In Malaysia, the process of re-delineation is bound by the rules of law and remain true to the Constitution.
Once the Election Commission of Malaysia informs the prime minister and
the Speaker of the Dewan Rakyat (lower house of Parliament) of its
intention to delineate electoral boundaries, the EC will need to publish
the notice in major newspapers, have it gazetted and displayed in all
affected constituencies so that the public could view and give feedback.
There will then be an inquiry to give the public the opportunity to be heard.
If any changes are made, the EC would need to re-gazette the amended
notice, and display it for another month for further public scrutiny and
feedback.
The EC is duty bound to hold only two public hearings for scrutiny or
feedback. If this limit was not put in place, there could be no end to
this process.
Once completed, the report will be submitted to the House of
Representatives, and finally to the Yang di-Pertuan Agong (monarch and
head of state) for his royal assent.
The EC will utilise the permanent boundaries such as rivers, hills and mountains as markers as far as possible.
Malaysia’s opposition coalition prime ministerial candidate Mahathir
Mohamad speaks against a controversial proposal to redraw electoral
boundaries outside near the Parliament House in Kuala Lumpur, Malaysia
March 28, 2018. The sign (front R) reads: “Go out and vote, defeat the
thief”. Source: Reuters
The entire process is made to be as transparent as possible.
The EC is an independent body and all members of the commission – from
chairman and deputy chairman to its five members – are appointed by the
Yang di-Pertuan Agong following a consultation with the Conference of
Rulers.
If we were to compare this with Singapore, the Electoral Boundaries
Review Committee of the Elections Department of Singapore is appointed
directly by the prime minister and chaired by the Secretary to the PM.
Additionally, the entire electoral system in Singapore with its Group
Representation Constituencies (GRC) is designed to create a barrier for
smaller opposition parties to participate in elections.
In Malaysia, any single person is free to stand for election, even as an independent candidate.
(File) Malaysia’s Prime Minister Najib Razak casting his ballot during
the last general election in 2013. Malaysia is expected to go to polls
again for its 14th federal contest by August 2018. Source: AP
Meanwhile
in the Philippines, the Congress wields the power to redistrict
provinces or cities piecemeal without a public referendum. This has
enabled local dynasties to influence the district-making process by
carving new districts/provinces from the old ones in their bid to retain
power.
Consider this – if the re-delineation is perceived to give a negative
impact to the opposition, how did they win to form several state
governments in 2008 and 2013?
The EC does not make a final decision on the re-delineation – it just
proposes to Parliament based on the parameters laid down under the
Federal Constitution.
Nonetheless, whatever the best way forward may be, all stakeholders
should work together towards enhancing dialogue between the public and
their representatives on their expectations and needs, in bringing
Malaysia’s standing in electoral integrity to the next level.
Abdul Aziz Mohd Yusof is the
Immediate Past Chairman of the Election Commission of Malaysia. His
seven-year tenure ran from December 2008 to January 2016.
** This is the personal opinion of the writer and does not reflect the views of Asian Correspondent
Meanwhile
in the Philippines, the Congress wields the power to redistrict
provinces or cities piecemeal without a public referendum. This has
enabled local dynasties to influence the district-making process by
carving new districts/provinces from the old ones in their bid to retain
power.
