Clean and Fair? GE13 Election Observation Report

Clean and Fair? GE13 Election Observation Report

Introduction to PEMANTAU Launched in January 2013 by BERSIH 2.0, MAFREL, Pusat KOMAS. Largest election observation initiative in Malaysia: over 2,000 election observers recruited. Parliamentary Seats Nomination Day Campaign Period Polling Day 23 51 87

Introduction to PEMANTAU Objectives: Reduce or prevent fraud during GE13 Monitor all government institutions and agencies Empower and uphold people s aspiration for a free and fair election Complement the work of accredited election observers and Election Commission (EC) Original aim: 70 Parliamentary seats, 10,000 observers

Sources of Information Reports by PEMANTAU observers: manual and online forms, Android smartphone app. Media monitoring by BERSIH 2.0 s Special Committee on the Code of Conduct. Public complaints: face-to-face, online at pru13.info, SMS, phone calls, e-mails.

Limitations Unaccredited election observer: cannot enter nomination and polling centres. Could not meet target of 10,000 observers Concentrated in urban areas Documentation standards: reject incorrectly filled forms, observers who were unable to be reached for clarification

FINDINGS Areas of Concern Political violence, undue influence, the promotion of ill-will and hostility Electoral roll irregularities Indelible ink Bribery Treating Personation Illegal campaigning Conveyance of voters Procedural irregularities Use of government machinery and property Harassment of PEMANTAU election observers

Political Violence, Undue Influence, the Promotion of Ill-Will and Hostility Section 4A of Election Offences Act 1954: Any person who, before, during or after an election, directly or indirectly, by does any act or makes any statement with a view to promote feelings of ill-will, discontent or hostility between persons of the same race or different races or of the same class or different classes of the population of Malaysia in order to induce any elector or voter to vote or refrain from voting at an election Section 9 of EOA 1954 (undue influence): during or after an election, directly or indirectly, by himself or by any other person on his behalf, makes use of or threatens to make use of any force, violence, or restraint, or inflicts or threatens to inflict, by himself or by any other person, any temporal or spiritual injury, damage, harm, or loss upon or against any person in order to induce or compel such person to vote or refrain from voting...

Political Violence, Undue Influence, the Promotion of Ill-Will and Hostility: Nomination Day Nomination Day Excessive security presence: 22% (5) FRU Units present: 35% (8) Security roadblocks: 26% (6) Intimidation and violence: 22% (5)

Use of Dannert/Razor Wire on Nomination Day P107 Subang

Political Violence, Undue Influence, the Promotion of Ill-Will and Hostility: Campaign Period Campaign Period Intimidation against the public: 12% of constituencies observed (6) Undue influence: 10% (5) Promotion of ill-will: 27% (14) Use of racist or racial sentiments: 24% (12) Use of religious bigotry: 25% (13)

Political Violence, Undue Influence, the Promotion of Ill-Will and Hostility: Polling Day Polling Day Intimidation against the public: 15% of constituencies observed (13) Undue influence: 17% (15)

Political Violence, Undue Influence, the Promotion of Ill-Will and Hostility Violence against party workers P162 Gelang Patah, 28 April: Pakatan Rakyat party workers assaulted by youths wearing BN shirts Disruption to political speeches/ceramahs P121 Lembah Pantai, 1 May: revving and honking motorcycles when Nurul Izzah Anwar addressed the crowd P152 Kluang: loud music blasted from loudspeakers near PR ceramah

Political Violence, Undue Influence, the Promotion of Ill-Will and Hostility: Racism and Religious Bigotry P121 Lembah Pantai, 27 April 2013, received a mass SMS that reads as follows: Jadi kaya semua cina. Kacau hak Melayu. Kerajaan BN takut pada cina. Melayu yg susah! Mari kerjakan cina!! Sebarkan SMS. Seumah ke masa hadapan

Political Violence, Undue Influence, the Promotion of Ill-Will and Hostility: Racism and Religious Bigotry P162 Gelang Patah, 26 April: Flyers distributed in a market during a walkabout by PR candidates Lim Kit Siang and Salahuddin Ayub, alleging Lim Kit Siang s complicity in May 13 riots. Renungilah Satu undi untuk DAP/PKR/PAS bermakna merestui penghinaan terhadap Islam, asas kenegaraan dan orang Melayu.

Political Violence, Undue Influence, the Promotion of Ill-Will and Hostility: Misogyny 25 April: PR candidate for Kulai Parliamentary seat, Teo Nie Ching, subjected to misogynistic pamphlets

Electoral Roll Irregularities Polling Day: 67 cases 12 constituencies (14% of constituencies observed): names missing from electoral roll 7 constituencies (8%): polling stations changed without notice 6 constituencies (7%): Parliament or DUN changed without notice

Electoral Roll Irregularities Public Complaints: 592 reports 230 reports (39%) of first time voters initially confirmed but disappeared 103 reports (17%) who were registered and had voted before but were then deregistered 116 reports (20%) where voters who did not register but found themselves registered without their knowledge 54 reports (9%) where registered voters were relocated

Indelible Ink Issues related to the use of indelible ink Easily removed: 24% (21) Inconsistent application: 11% (10) Voters told to use ink to mark ballots 2% (2)

Indelible Ink P119 Titiwangsa

Bribery Section 10 EOA 1954: every person who, before, during or after an election, directly or indirectly, by himself or by any other person on his behalf, gives, lends, or agrees to give or lend, or offers, promises, or promises to procure or to endeavour to procure, any money or valuable consideration to or for any elector or voter, or to or for any person on behalf of any elector or voter or to or for any other person, in order to induce any elector or voter to vote or refrain from voting, or corruptly does any such act as aforesaid on account of such elector or voter having voted or refrained from voting at any election

Bribery Campaign Period Nomination Day: money or other goods in 22% of constituencies observed (5) Campaign Period: valuable consideration and other goods (45%, 23), money (37%, 19), vouchers or tickets (12%, 6) and promises of economic benefit upon election(12%, 6)

Bribery P097 Selayang: BN booth allegedly giving out Borang Pengesahan Pengundi Luar for special claims at a BN office near Selayang Hospital

Bribery P159 Pasir Gudang: Distribution of cash was reported at Pejabat UMNO Bahagian Pasir Gudang

Bribery Polling Day: 18% (16) P172 Kota Kinabalu: Duit tambang allegedly given out at UMNO branch office in Wisma YAKIM

Treating Section 8 EOA 1954: Every person who, corruptly, by himself or by any other person, either before, during or after an election, directly or indirectly gives or provides or causes to be given or provided, or is accessory to the giving or providing, or pays or engages to pay wholly or in part, the expense of giving or providing any food, drink, refreshment or provision, or any money or ticket or other means or device to enable the procuring of any food, drink, refreshment or provision, to or for any person for the purpose of corruptly influencing that person or any other person to give or refrain from giving his vote

Treating Campaign Period Nomination day: 35% (8). Campaign period: 39% (20) food and drink, 31% (16) party merchandise. Polling day: Food and drink distributed to voters in 24% of Parliamentary constituencies observed (21)

Treating P107 Subang, 28 April: MCA dinner

Treating P047 Nibong Tebal: Treating at BN booth, Sekolah Menengah Kebangsaan Tun Syed Shah Barakbah polling centre

Treating P107 Subang: food and freebies given out at Anjung Bestari Politeknik Sultan Salahuddin Abdul Aziz Shah on polling day

Personation Section 7 EOA 1954: Every person who at an election applies for a ballot paper in the name of some other person, whether that name be that of a person living or dead, or of a fictitious person or who, having voted once at any such election, applies at the same election for a ballot paper in his own name, shall be guilty of the offence of personation.

Personation Suspected personation in 28% of constituencies observed on polling day (24) Voters found someone else had voted on their behalf P119 Titiwangsa voter s NRIC number used by someone else Suspected multiple voters or dubious voters

Personation P174 Penampang at Sekolah Menengah Tinggi Kota Kinabalu: an individual with two NRICs, two addresses one in Penampang and one in Tawau

Personation P175 Papar at Sekolah Rendah Kebangsaan St Mary, a voter a registered address at Kampung Gersik Lama in the Federal Territories of Labuan was observed to be voting at P175 Papar. PEMANTAU observers noted that the above voter had with him a Surat Pengesahan Pengundi Luar issued by Pengarah Jentera Barisan Nasional Kawasan P166 Labuan

Illegal Campaigning Section 24A of EOA: (1) No person shall, on nomination day or days (a) furnish or supply any musical instrument or loud speaker to any person with intent that it shall be used by any person in any way or used in or upon any vessel, animal, motor car, truck or other vehicle; or (b) use himself or use in or upon any vessel, animal, motor car, truck or other vehicle any such musical instrument or loud speaker, as, or for the purpose of, political propaganda. 26. (1) No person shall on polling day (a) hold, convene or organize in any place any form of meeting, rally, display or entertainment or give any form of address or lecture whether or not such meeting, rally, display, entertainment, address or lecture is open to or involves members of the public or otherwise; (b) furnish or supply any musical instrument or loud speaker to any person with intent that it shall be used by any person in any way or used in or upon any vessel, animal, motor car, truck or other vehicle as, or for the purpose of, political propaganda or use himself or use in or upon any vessel, animal, motor car, truck or other vehicle any such musical instrument or loud speaker

Illegal Campaigning In 26% of constituencies (6) observed by PEMANTAU on nomination day, candidates and political parties carried out campaigning activities despite legal prohibitions against campaigning on nomination day and polling day During polling day, campaigning continued in 44% (38%) out of the 87 Parliamentary constituencies observed.

Illegal Campaigning In 26% of constituencies (6) observed by PEMANTAU on nomination day, candidates and political parties carried out campaigning activities despite legal prohibitions against campaigning on nomination day and polling day During polling day, campaigning continued in 44% (38) out of the 87 Parliamentary constituencies observed.

Illegal Campaigning P009 Alor Setar, polling day: Party flags from both BN and PR (PKR)

Conveyance of Voters Under Section 20 (1) of the Election Offences Act, conveying voters to and from a polling centre for the purpose of promoting or procuring the election of a candidate at any election is prohibited. However, on polling day, in 18 of the observed constituencies (21%) political parties, from both BN and PR, were conveying voters to polling centres

Conveyance of Voters P107 Subang at Sekolah Kebangsaan Lembah Subang

Procedural Irregularities on Polling Day

Use of Government Machinery Use of government machinery or State property was observed in 22% of constituencies during the campaign period (11). PEMANTAU observed Federal and State caretaker governments utilising government machineries including government-linked corporations and agencies like RISDA and FELCRA, resources, transport and personnel during the campaign period.

Harassment of Election Observers Harassment and intimidation faced in nomination centres: instructed to provide their personal details, restricted and even stopped from observation, verbally and physically abused and threatened by parties supporters, photographs taken by the police. On polling day, PEMANTAU observers reported experiencing restrictions, intimidation and harassment in 21 Parliamentary from a total of 87 seats observed (24%).

Conclusion The practice of direct and/or indirect violations of the provisions of EOA 1954 was so rampant during GE13 that the causes of these violations could be attributed to one or more of these three factors: the lack of awareness, if not poor knowledge on election laws by political parties, party workers and/or supporters and candidates themselves; informed and deliberate actions to gain political mileage; or the knowledge that enforcement of the provisions relating to election offences was insufficient.

Download the Report! www.bersih.org Thank you! Yasmin Masidi, Wong Kar Fai, Maisarah Najib