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Malaysian electoral watchdog Bersih calls for government to fix electoral malapportionment as Parliament lowers voting age to 18

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The issue of electoral malapportionment, or the imbalanced division of constituencies, remains one of the issues in need of reformation by the Pakatan Harapan (PH) government, according to watchdog Coalition for Clean and Fair Elections (Bersih 2.0) in a statement today (17 Jul).
Citing the 17th Promise in the PH election manifesto, which covers the question of transparency and robustness in the Malaysian election system, Bersih 2.0 urged the government to withdraw or reject the Sabah Redelineation Report.
The movement warns that should the Report be passed, “no delineation would be possible for the next eight years”.
“Amending Article 46 of the FC to change the allocation of seats to the states in the Federation would trigger a much needed redelineation exercise to rectify inter-state malapportionment.
“The scale of malapportionment of constituencies would now be exacerbated through the lowering of voting age and automatic voters’ registration,” added Bersih 2.0.
PH’s 17th Promise in its election manifesto, among other key proposals, indicated that there will be a fair ratio in future delimitation exercises and transparency regarding the formula used to determine the number of voters and the size of each constituency.
Parliament should also consider amending the Federal Constitution to allow the implementation of a new electoral system to replace or improve the current First-Past-The-Post system to ensure a “more representative and inclusive” electoral outcome for Malaysia’s diverse communities, said Bersih 2.0.
First-Past-The-Post involves casting one’s vote on a ballot by marking the candidate of their choice. The candidate or party represented by the candidate that ends up with the most votes or by a simple majority will be considered the winner. Singapore also currently uses the First-Past-The-Post system.
Other than the issue of constituency malapportionment and other immediate electoral-related issues as illustrated above, Bersih 2.0 also urged the PH government to institute the following key reforms, including but not limited to:

  • Limiting the term of office of the PM to two terms and removing the Prime Minister’s ability to manipulate key institutions by creating stronger check and balance mechanisms;
  • Restricting the PM’s power to unilateral make key appointments or interfere in the appointment process of key public institutions such as the Election Commission, the Judicial Appointment Commission, the Chief Justice, the Human Rights Commission, the Attorney-General, Chief Justice, Auditor-General and MACC Chief;
  • Elevating the role of Parliament so that it can be an effective check and balance to the Executive led by the PM;
  • Amending Article 40, 114, 122, 145 and other laws to incorporate the role of Parliament in the process of major appointments.
  • Separating the office of the Attorney-General and that of the Public Prosecutor by amending Article 145 and 183 of the Federal Constitution and amendment of the definition of Public Prosecutor in the Interpretation Acts 1948 and 1967;

“Bipartisanship cooperation” among Dewan Rakyat MPs to lower voting age commendable: Bersih 2.0
The movement also congratulated members of Dewan Rakyat — the lower house of the Malaysian Parliament — for their “whole-hearted support” in pushing for amendments to Articles 119(1) and 119(4) of the Federal Constitution yesterday (16 Jul), which will pave the way to lowering the eligible voting age to 18.
Lowering the eligible voting age from 21 to 18 was also part of PH’s 17th Promise in the coalition’s election manifesto.
Lauding the efforts of Minister for Youth and Sports YB Syed Saddiq Abdul Rahman in “pushing through this amendment in a consultative manner, acceding to the request of the Opposition for automatic voter registration, and lowering the age of candidates to 18 to be included”, Bersih 2.0 said the efforts to lower the voting age in Malaysia “sends a clear message that the days of bulldozing through laws and policies are over and that consultation and building consensus is the way to go”.
“History was made yesterday as it was the first time in our country that bipartisan cooperation saw the successful amendment to the Constitution, where a two-thirds majority was required.
“Bersih 2.0 is heartened that lawmakers from both sides of the divide demonstrated a rare unity on an issue that has such big electoral implication in our nation.
“We believe that the inclusion of younger voters into the process of electing political representatives would encourage their participation in issues that affect their daily lives as well as national issues,” said Bersih 2.0.
The watchdog also expressed its belief that “it is the hope of every Malaysian that our elected Members of Parliament would continue to place the interests of our country above partisan interest, and that they would continue to cooperate on legislating and amending laws that would protect the rights of all and strengthen the public institutions that serve us”.

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APHR urges Myanmar’s SAC to halt imminent execution of five democracy activists

The ASEAN Parliamentarians for Human Rights (APHR) has called on Myanmar’s State Administration Council to halt the execution of five democracy activists scheduled for 24 September 2024. APHR cited grave concerns about the death sentences and called for the activists’ unconditional release.

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The ASEAN Parliamentarians for Human Rights (APHR) has called on Myanmar’s ruling State Administration Council (SAC) to immediately halt the scheduled execution of five democracy activists, set to take place on 24 September 2024.

The activists—Zaryaw Phyo (32), San Min Aung (24), Kyaw Win Soe (33), Kaung Pyae Sone Oo (27), and Myat Phyo Pwint—were sentenced to death in a closed-door hearing at Yangon’s Insein Prison on 18 May 2023.

They were convicted for their alleged involvement in a deadly shooting on a Yangon train in 2021, which resulted in the deaths of six police officers.

The attack occurred amid a national wave of armed resistance to the military coup that had taken place earlier in 2021.

The detainees were charged with murder and illegal weapons possession under several laws, including the 1949 Arms Act and the 2014 Counterterrorism Law.

According to Myanmar Now, the sentences were handed down by District Judge Khin Ni Ni Aye of Ahlone Township, where the attack took place nearly two years earlier.

The court sentenced Kaung Pyae Sone Oo to two death penalties under the Arms Act and terrorism charges, while the other defendants received one death sentence and one life sentence each.

APHR Chairperson Mercy Chriesty Barends, a member of Indonesia’s House of Representatives, condemned the verdicts, calling for the unconditional release of the detainees.

“We call upon the SAC to immediately release them and ensure that, pending their release, the detention conditions comply with international standards,” Barends said. She further stressed the importance of access to legal representation, medical care, and contact with family.

The activists’ death sentences were particularly concerning to APHR, as they were issued by the civilian judiciary, rather than a military court, marking the first such case since the military coup in 2021.

APHR Board Member Wong Chen, a Malaysian MP, called the use of the death penalty a means of stifling dissent. “The use of capital punishment as a tool to suppress dissent is unacceptable and must be condemned in the strongest terms,” he stated.

The group also drew attention to the fact that this sentencing comes at a time when more than 100 post-coup prisoners are currently on death row in Myanmar.

The Assistance Association for Political Prisoners (AAPP) reported that 117 individuals arrested following the 2021 coup await execution, and a further 42 have been sentenced to death in absentia. While the regime has commuted some sentences and pardoned political prisoners, the continued use of capital punishment signals a deepening crackdown on political opposition.

Kasit Piromya, APHR Board Member and former Thai MP, noted the broader implications of these sentences. “This marks the first instance of the civilian judiciary, rather than a military tribunal, issuing death sentences since the coup, signalling a disturbing shift in the judicial proceedings in Myanmar,” he said.

The upcoming execution has raised fears reminiscent of the August 2022 execution of four prominent anti-coup activists, including former National League for Democracy (NLD) MP Phyo Zeya Thaw, whose executions marked the first use of capital punishment in Myanmar in decades and sparked global outrage.

APHR Board Member Arlene D. Brosas, a Philippine MP, said that the SAC’s ongoing use of executions represents a “significant setback” in peace efforts.

“These executions show the absence of political will from the SAC to implement the ASEAN Five-Point Consensus meaningfully,” she added.

APHR continues to advocate for the unconditional release of all political prisoners in Myanmar and urges the international community to increase pressure on the SAC to cease its human rights violations.

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RSF condemns Malaysian court ruling against British journalist Clare Rewcastle Brown

Malaysia’s Federal Court rejected Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable for damages over RM 435,000. RSF condemned the decision as an effort to silence the journalist, who is known for reporting on corruption scandals.

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Malaysia’s Federal Court has dismissed British journalist Clare Rewcastle Brown’s appeal against a defamation ruling, leaving her liable to pay damages exceeding RM 435,000 (US$103,325).

The defamation suit, which RSF (Reporters Without Borders) describes as part of a broader effort to silence journalists reporting on corruption, relates to a statement in Rewcastle Brown’s 2018 book, The Sarawak Report – The Inside Story of the 1MDB Expose.

The journalist has faced legal challenges ever since, including both civil and criminal cases.

Rewcastle Brown, known for exposing Malaysia’s 1MDB financial scandal, was accused of defaming the Sultanah of Terengganu, the wife of a senior political figure.

The defamation suit stems from a misidentification error in the book, which wrongly stated that the Sultanah, rather than the Sultan’s sister, was connected to a businessman involved in the scandal.

Rewcastle Brown quickly corrected the mistake and issued an apology in 2018. Her legal team has argued that the error does not constitute defamation or criminal libel.

The Sultanah had initially sought RM 100 million in general damages, but the court ultimately awarded a much smaller sum of RM 300,000 (US$71,230) in damages, along with RM 135,000 (US$32,095) in legal costs. Additional fees are expected.

The Federal Court’s decision on 10 September 2024 closes Rewcastle Brown’s legal avenues for appeal in the civil case.

Reporters Without Borders has condemned Malaysia’s handling of the case, asserting that it is intended to intimidate other journalists from reporting on corruption.

Fiona O’Brien, UK Bureau Director of RSF, commented: “This case should never have made it to court. The accusations of defamation are nonsensical. The underlying agenda appears to be to silence Rewcastle Brown and warn other Malaysian journalists away from reporting on corruption.”

In a separate criminal case, Rewcastle Brown was sentenced in absentia to two years in prison in February 2024. She continues to appeal the criminal charges but has faced significant challenges in defending herself. The British government has not commented publicly on her case.

RSF also noted that Malaysia, once ranked 73rd in the World Press Freedom Index, has dropped to 107th in 2024, amid rising political instability and a pattern of defamation suits against journalists.

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