Electoral Commission must be independent, with no political links

Bersih Sarawak is baffled and perturbed by the comments made by the Speaker of the Sarawak Legislative Assembly, Mohamad Asfia Awang Nassar, stating that “GPS has no representation in the SPR (Electoral Commission)”.

He added: “The lone Sarawakian member (in the commission) is not from GPS” and “GPS is the voice of the voiceless”.

In the same statement, he also said that many months had passed with no word from Electoral Commission on whether the 17 new seats (will be carved out) in time for the Sarawak elections this year while calling on the commission to move fast on the exercise.

Bersih Sarawak wishes to emphasise that the commission, as the only body responsible for conducting elections, must remain free from the influence of any party, particularly political parties and the executive (whether at the state or federal level), in carrying out its constitutional responsibilities.

Article 114(2) of the Federal Constitution provides that the appointment of members of the Electoral Commission lies with the Agong, who shall have regard to the importance of securing a commission that enjoys public confidence.

Securing a commission that enjoys public confidence must necessarily mean that commissioners must first and foremost be neutral and not partial to any party. This implies that they must not be affiliated with any political party, whether as current or former members. Any such affiliation should immediately disqualify a candidate from being appointed as a commissioner.

While the Electoral Commission is the institution mandated to conduct constituency boundary reviews in accordance with the provisions of the Constitution, the Speaker must refrain from making statements that can alter public perception of the integrity and impartiality of commission members, and ultimately undermine the independence of the election management body.

It further implies that in the past, a member of the Sarawak ruling coalition may have sat as one of the commissioners in the commission.

Members of the Electoral Commission and the commission itself, as the highest electoral management body, should not be subjected to any influences or pressures exerted by any political parties or coalition of parties, including Gabungan Parti Sarawak (GPS).

Bersih and other civil society organisations have long proposed reforms to the commission, as the electoral management body, including reforms to the appointments process for commissioners, the composition of which is currently provided for under Article 114(1) of the Federal Constitution.

The proposed reforms entail the nominations of all seven Electoral Commission members being vetted and reviewed by a permanent parliamentary select committee on elections before recommendations are made to the prime minister. – Bersih Sarawak