Bersih Says Emergencies Undermine Democracy Proposes Alternative

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Electoral watchdog Bersih insisted that elections can be held safely with proper precautions in place, despite the Covid-19 pandemic.

It said resorting to a proclamation of emergency to forestall an election “may not be the best way to uphold our democracy”.
“Bersih is of the view that allowing an emergency to postpone the election will create a precedent that could undermine our nation's democracy because those in power like the prime minister may postpone an election when the situation is unfavourable to them.

“Also, it is enshrined in the Federal Constitution that emergencies can only be declared on the grounds of public safety, economic life, and public order,” it said.

It suggested that since Parliament is already in session, the government can bring a motion to enact a new law or amendment to postpone an election with the support of at least two-thirds of MPs.

“Postponement of elections solely based on executive decisions should not be a democratic practice because the nation still has a legislative branch as one of the branches of government that is needed as a check and balance,” it said in a statement today.

It also reiterated that several countries have proved elections can be conducted safely despite the pandemic, citing Singapore, South Korea, New Zealand, France, Australia, and Germany as examples.

For upcoming by-elections including the Batu Sapi by-election, it suggested that the Election Commission (EC) allow more voters to cast ballots as absentee voters.

It said there should also be a new mechanism for elections in “unusual situations”, such as banning physical campaigning, campaigning via mainstream media, extending the campaign and polling period, and increasing the number of polling stations.



In addition, it said precautions against Covid-19 should be heightened on polling day, such as by conducting temperature checks, having election officials wear face shields, using a brush to mark voters who have already voted with indelible ink, and sanitising polling stations.

“We need to accept the fact that this Covid-19 pandemic will most likely continue to linger among us for a year or two.

“If an emergency becomes a method to postpone elections until the outbreak is over, does that mean that the people in Batu Sapi, or in any constituency where elections are to be held, or the upcoming 15th general election will continue to have no representative in Parliament for a period of one or two years too? How will the voice of the people in Batu Sapi be heard in Parliament after this?” it asked.

Nomination day for the Batu Sapi by-election was originally slated for last Monday, while polling day was scheduled for Dec 5.

The by-election was postponed through an emergency proclamation under Article 150 of the Federal Constitution due to a concern of repeating the Covid-19 outbreak that was linked to the Sabah state election in September.

Among the reasons cited for the postponement was that nearly half of Batu Sapi voters don’t have a complete address, which complicates postal voting.
The EC also only managed to recruit 143 people as election workers for the by-election compared to the 837 needed, due to health concerns over the pandemic.
The Batu Sapi by-election was called following the demise of former de facto law minister and incumbent Liew Vui Keong on Oct 2.
Apart from Batu Sapi, another two by-elections are due to be called - one in Gerik, Perak, and another in Bugaya, Sabah – due to the death of the respective incumbents. - Mkini

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