On behalf of Projek Beres (a collaborative project of Tindak Malaysia volunteers and independent Malaysians across the world), I uploaded Tindak Malaysia presentation to the Committee on matters pertaining to the electoral reforms

1. SUBMISSION TO THE COMMITTEE FOR
INSTITUTIONAL REFORM (MAY 2018)
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2. “PROPOSALS ON CONSTITUTIONAL
AMENDMENTS RELATING TO ELECTORAL
REFORM”
by
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3. OPENING REMARKS
 Who we are (citizen-initiated collaboration between Malaysians local and
abroad, having access to a variety of election-related resources and who aim to
provide a total and holistic proposal to improve our electoral democracy that takes
into account contemporary factors and interests.)
 Objective (To improve the credibility and integrity of the Malaysian
electoral system in line with established principles and practices in other parts of the
world)
 What we have undertaken so far (review of Federal
Constitution)
(proposals on constitutional amendments)
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4. WHAT IS CURRENTLY SET OUT IN OUR FEDERAL
CONSTITUTION
 Concept of elections and representation
 Institutions, the Election Commission
 Delimitation
 General concepts (fundamental
liberties, institutions, etc.)
 Concepts relating to electionsConcepts relating to
elections
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5. OUR FOCUS DURING REVIEW OF FC
 Equality of voter representation
 Conditions for constituency delimitation
 The Election Commission (as an institution, role, powers &
functions)
 How government functions are discharged during the period
between dissolution of parliament and formation of a new
parliament
 Oversight
“Elections Of The People, By The People, For The People.”
- Abraham Lincoln -
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6. REVIEW OUTCOME :
OUR PROPOSALS ON CONSTITUTIONAL AMENDMENTS
RELATING TO ELECTORAL REFORM
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7. REVIEW OUTCOME (1)
 Equality of voter
representation
PROPOSALS ON
CONSTITUTIONAL AMENDMENTS
:
 Composition of House of
Representatives (Dewan Rakyat)
 Composition of Senate (Dewan
Negara)
 Local government elections
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8. REVIEW OUTCOME (1-1)
 Equality of voter
representation
^Composition of
House of
Representatives (Art.
46):
 from 222 MPs to 229
MPs
 Sabah maintain at
25; Sarawak
increase to 38; Johor
decrease to 24;
Selangor increase to
30; other States to
be adjusted
 FT of KL, Labuan &
Putrajaya collectively
allocated 12 seats
What would the
new seat
distribution look
like ?
(proposals on constitutional amendments)
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9. REVIEW OUTCOME (1-2)
An illustration…
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10. REVIEW OUTCOME (1-3)
 Equality of voter
representation
Composition of Senate
(Dewan Negara) (Art. 45):
 To maintain 70 & finetune
appointment criteria to
reflect appointment
proportionate to voter
representation
 Adjustments to
representation- 2
members from each
State, FT of KL, Labuan &
Putrajaya collectively
allocated 2 seats;
remaining 42
(proposals on constitutional amendments)
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11. REVIEW OUTCOME (1-4)
 Equality of voter
representation
To have local
government elections
for:
 Members of City
Council
 Mayor of City
Council
 Members of
Municipal and Local
Council
 President of
Municipal and Local
Council
(proposals on constitutional amendments)
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12. REVIEW OUTCOME (1-5)
To recap on the
amendments
proposed…
Equality of voter
representation
Composition of House
of Representatives
Composition of Senate
Local government
elections
(proposals on constitutional amendments)
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13. REVIEW OUTCOME (2)
 Conditions for
constituency
delimitation (Art. 116,
117 & Thirteenth
Schedule)
PROPOSALS ON CONSTITUTIONAL
AMENDMENTS:
On delimitation
 Criteria for representativeness
 Criteria for equality of voting strength
 Criteria for transparency
 Criteria for non-discrimination
 Concept of electoral quota
New institution to oversee delimitation
 ^Boundaries Commission -
“independence” (to be appointed by the
Yang di-Pertuan Agong in consultation with
the Conference of Ruler and the
concurrence of the Opposition Leader.)
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14. REVIEW OUTCOME (3)
 The Election
Commission (as an
institution) (Art. 114)
PROPOSALS ON
CONSTITUTIONAL AMENDMENTS:
(i) “independence”
 members to be appointed by the
Yang di-Pertuan Agong in
consultation with the Conference
of Ruler and the concurrence of
the Opposition Leader. *Not
bound by Art. 40
 EC members - Criteria for
appointment as EC member
(public hearings before a judge of
the Federal Court)
 EC members – Criteria for
removal (membership in political
party)
 EC members – not eligible to be
elected to as MP, Senator, ADUN,
local council member during 2
year period after ceasing to be
EC member
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15. REVIEW OUTCOME (3-1)
 The Election
Commission (as an
institution) (Art. 114)
PROPOSALS ON
CONSTITUTIONAL AMENDMENTS
(..cont):
(ii) Separation of
functions
 Delimitation to be
undertaken by a new
Boundaries
Commission.
Parliament has no
power to amend or
reject final
determination of
Boundaries
Commission
(iii) New role
 Registration and
regulation of political
parties and political
organisation (so that
there is oversight
during elections)
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16. THE EC…AN ANALOGY…
The role of the
Election
Commission and
importance of
“independence”
(proposals on constitutional amendments)
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17. REVIEW OUTCOME (4)
 Delimitation
(proposals on constitutional amendments)
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18. REVIEW OUTCOME (4-1)
 Delimitation PROPOSALS ON
CONSTITUTIONAL AMENDMENTS:
 To introduce a Boundaries
Commission to carry out
delimitation
 Boundaries Commission may
increase or decrease number of
constituencies according to
delimitation criteria
 Parliament has no power to
amend or reject final
determination of Boundaries
Commission
What about
the
appointment
process for
members of
the
Boundaries
Commission ?
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19. REVIEW OUTCOME (4-2)
 Delimitation “independence”
 Members of the Boundaries
Commission to be appointed by
the Yang di-Pertuan Agong in
consultation with the Conference
of Ruler and the concurrence of
the Opposition Leader. *Not
bound by Art. 40
 Criteria for appointment as
member of Boundaries
Commission (public hearings
before a judge of the Federal
Court)
 Criteria for removal from
Boundaries Commission
(membership in political party)
 Not eligible to be elected to as
MP, Senator, ADUN, local council
member during 2 year period
after ceasing to be EC member
(proposals on constitutional amendments)
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20. REVIEW OUTCOME (5)
 Oversight PROPOSALS ON CONSTITUTIONAL
AMENDMENTS:
 To introduce an Election Ombudsman
Office
 “independence” (to be appointed by the
Yang di-Pertuan Agong in consultation
with the Conference of Ruler and the
concurrence of the Opposition Leader.).
*Not bound by Art. 40
 Election Ombudsman to inquire into,
review and address complaints and
grievances with respect to the conduct of
the EC and the Boundaries Commission
 To issue orders for corrective action to be
taken
 Election Ombudsman may recommend
removal of member of Caretaker
Government
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21. REVIEW OUTCOME (6)
 an Independent
caretaker
government
PROPOSALS ON
CONSTITUTIONAL AMENDMENTS:
 To introduce concept of
caretaker government (key
features)
 Led by Interim PM
 Appointed by Yang di-Pertuan
Agong with concurrence of
outgoing PM & Opposition
Leader
 To introduce code of conduct for
caretaker government“The job of a caretaker government
should be limited to what its voters
rightly expect – continuity and security”:
Centre for Civic Education, Pakistan ,
March 2013
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22. REVIEW OUTCOME (7)
 Referendum PROPOSALS ON
CONSTITUTIONAL AMENDMENTS:
 Mandatory referendum
 Referendum initiated by citizens
 Referendum initiated by Federal
or State government
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23. IN A NUTSHELL…
20 FC PROPOSALS RE ELECTORAL REFORM
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24. Federal
Constitution
Parliament
Yang di-Pertuan
Agong
Dewan
Negara
Dewan
Rakyat
PM &
Cabinet
Ombudsman
EC
Caretaker Govt to
run Govt during
Parliament
dissolution
Regulation of
Political Parties &
NGO’s
Boundaries
Commission
Independence of YANG
DI-PERTUAN AGONG
re appointmentsYang di-Pertuan
Agong
Appoints
Ombudsman,
EC &
Boundaries
Commission.
*Not bound
by Art. 40
Responsible to
Parliament
composition
delimitation
Referendum

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26. SUPPORT ELECTORAL REFORM!
SUPPORT BERES!
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27. Q&A / THE END
Thank you for listening
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