The economy grows with human rights

(First published in theSun on 24th October 2013, and can be accessed here.)

TWO things will be taking place simultaneously tomorrow: the 2014 Budget announcement, and the Universal Periodic Review (UPR) in Geneva, a review of our human rights records over the past four years. Is there any direct correlation between civil liberties and economic growth? What is the relationship and can this be measured?

Researchers (BenYishay and Betancourt) in their study of the relationship between the two found that “personal autonomy and individual rights” is the most significant indicator in explaining long-term economic growth. This is because it captures the ability of individuals to exercise their personal social freedoms and economic rights freely with respect to employment, location, and ownership of property.

The significant relationship between the two is unsurprising. Individuals having the ability to freely choose whom they wish to marry, the education they want for themselves, where to work and live, without interference from any external party including the state, allows for individuals to own property and participate in the exchange of goods and services freely, which make for a flourishing economy.

Of course, some critics would question how China or Vietnam have progressed so remarkably without fulfilling certain civil liberty criteria. One response is that their economic activities in the earlier years revolved around low level development growth, such as in agricultural markets.

Once economies move into modern development markets that require the rule of law such as financial markets, the application of civil liberties and political rights – the equal treatment of all citizens alike before the law – will certainly start to matter. The Index of Economic Freedom, for example, also shows how a higher score for the rule of law leads to better economic freedom. As China and Vietnam move into these markets, it may perhaps become more imperative that they apply these principles.

Another study by a World Bank economist showed that civil liberties impact positively on government projects and government effectiveness by allowing citizens’ voices and a free media to keep government accountable, since centralised, top-down approaches to governance fail to deliver expected results. (Pritchett and Kaufman, 1998).

Our human rights record as compiled by the UN Human Rights Council from various organisations for the UPR shows violations with regard to religion, peaceful assembly, indigenous people’s native customary rights, refugee rights, and so on. The passing of the Prevention of Crime Act (PCA) that brings back detention without trial and is essentially a return of the Internal Security Act (ISA), and the court judgment on “Allah” make our record even more troubling.

Malaysia is one such country that has moved up the value chain into higher level modern development markets, and its growth now depends on these, hence the emphasis on the services sector. But what policymakers and cabinet leaders must realise is that apart from focusing on industrial policy, fundamental factors to achieving long-term economic growth must include civil liberties, political freedom and the rule of law.

This is essentially an exercise on whether greater democratisation leads to a more vibrant and robust economy, and different research seem to show this is certainly the case. As individual freedoms are granted and civil liberties restored, Malaysia would eventually become an attractive place to live, work and set up a family. Foreign companies wanting to invest, and the foreign talent pool we hope to attract are made up of individuals who want to exercise their rights to religion, expression and peaceful assembly. These are all factors that contribute directly to a dynamic economy.

Individual liberties would also allow for greater participatory democracy. Local communities being able to check on local council, state and federal government spending, for example, would reduce the likelihood of corruption taking place. Government projects would be more effective in their delivery, thereby boosting economic development the way in which they are set out to do.

The study referred to at the beginning of this piece unfortunately does not provide country by country data. It would be interesting to examine how Malaysia fares in the “personal autonomy and individual rights” category. While individuals are free to exercise social and economic rights, these rights do not seem to apply uniformly to all citizens of all races, religions, regions, genders or political affiliations.

Finally, it is also apt to ask whether individuals in our society are free to “participate in the exchange of goods and services”, especially given the dominance of state-owned companies prevalent in our economy. For private enterprises to participate in the economy – which would be the driver of growth – the presence of government-linked companies and by default, political interests in the economy, must eventually be reduced to a minimum.

As Malaysians tune in to the budget announcement tomorrow, let us not forget that at the very same time, our human rights record will be under intense scrutiny for a full 3.5 hours in Geneva, and that these two events are more inextricably linked than what governments may have us think.

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Money for Nothing

Money for Nothing

(First published in theSun on 10th October 2013, full article can also be found here).

IF there is one government document Malaysians look forward to each year, it’s the Auditor-General’s Report. Once released, we go crazy picking it apart and selecting our favourite delectable pieces to rave about to friends.

It was no different this year with the 2012 report. This time, we even managed to make it to the Wall Street Journal that reported on the wasteful spending and mismanagement.

For instance, we read about the Education Ministry wasting RM2 billion on poor school security systems with unsatisfactory results, 20 branded wall clocks bought by the Broadcasting Department for RM3,810 each, more than 38 times the estimated price of RM100, and a RM400,000 claim difference for Health Ministry uniforms, among many other ridiculously shameful examples (never mind the 44 missing loaded firearms that the police said could have fallen into the sea from boats).

A total estimate of wastage caused by such gross inefficiency was not given, mainly because this was merely a partial audit of the federal government bureaucracy. The report only covered observations from the audit of 45 programmes/activities/projects of the federal ministries/departments and management of six government companies, so imagine the results if this sampling was widened to include the hundreds of programmes run by the total number of 24 ministries over the full year.

Even so, the total sum of wastage based on select cases quoted by mainstream media came up to RM3.5 billion, which, by the way, is RM200 million more than what the Finance Ministry has told us the government would save by increasing oil prices in its recent subsidy rationalisation move.

Although government does eventually need to phase out subsidy dependency, what infuriates people most is that such efforts are not perceived to be matched in commensurate measure by attempts to reduce unnecessary government spending.

It was timely that an IDEAS policy paper (the Institute for Democracy and Economic Affairs for which I work) by author Professor David Jones from the University of Brunei Darussalam, gave specific proposals on how transparency could help existing failings in the public procurement system.

He states that Malaysia spends more than RM150 billion each year on procurement, almost one fourth of our nominal GDP. This is higher than what most OECD countries spend, about 12% of their GDP annually.

The various acts, treasury instructions and circulars that form the basis of government procurement are clear, for example in stipulating that open tenders are required for works, goods and services procured worth more than RM200,000 a year.

However, direct purchases and quotation/ closed tenders are still allowed for procured works, goods and services of value below RM200,000, which opens up a lot of room for potential bribery and corrupt practices – and this is the heart of the matter.

The three most worrying concerns that this annual debacle raises are first, that the report released year after year does little to change administrative practices but raise public ire.

Although a committee will be set up to scrutinise the report and take “stern action” against anyone involved in misappropriation, it remains to be seen if the real culprits will be brought to shame.

Second is the culture that is ingrained into many public servants that government money is abundant and ever-flowing. During my first few months of working at the newly-elected Selangor government, the staff in charge of catering food for meetings would consistently increase the number of people being ordered for.

As I understand it, this was common practice: order for more, so that the remaining food could be packed by civil servants who would mysteriously flock in from other parts of the building. Although this has since changed, one wonders if this applies in larger scale in say, ministry offices.

Among the recommendations of the IDEAS policy paper to improve the procurement system are to publicise the laws, regulations and instructions governing procurement, widely advertise tenders and quotations, disclose the budget ceiling for each tender, disclose the company awarded the tender, the reasons for this, better procurement planning processes, and also include a representative from a watchdog organisation to sit in procurement board meetings.

The auditor-general has made 796 different recommendations to the federal government in his 2010, 2011 and 2012 reports. This year, he specifically cited improper payment and weakness in management of products and assets as among the weaknesses observed.

Of course, what is not mentioned is the inability of civil servants to themselves act even if they wanted to because ultimately, evaluation and contract awards are influenced by politicians’ lobbying, and “recommendation letters” that reflect vested interests that they are connected to.

Third, this raises further questions as to the areas of government spending that the AG’s office does not investigate, for instance public-private partnerships (PPP) and private-finance initiatives (PFI) projects that may not necessarily fall under the government procurement regulation requirements.

Although tenders are encouraged under PPP, the decision is ultimately made by the cabinet. (The cabinet is the final decision-maker for all procured jobs across the board worth more than RM100 million.)

More importantly, government spending during a pre-election period – was the RM2.2 billion payout for present and retired civil servants Prime Minister Datuk Seri Najib Razak announced just weeks before the May 5 election part of planned expenditure, for example?

Unless recommendations from the report and independent parties are seriously taken up, without political interference (which we all know is the biggest roadblock on the path to better governance), the AG’s report will continue to be fodder for criticism.

What should be of even more grave concern to all Malaysians is the great unknown – just how much more wastage and inefficiencies are there, which are not being investigated?

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The devil’s in the details

(First published in theSun on 25th September 2013 and can be accessed here).

WHEN Prime Minister Datuk Seri Najib Razak launched the Bumiputra Economic Empowerment Council (BEEC), it brought with it more questions than answers.
Since 1971, Malaysia has undergone numerous development plans with the same type of language and goals, starting from the New Economic Policy (NEP).

Each five-year Malaysia Plan had a table detailing the breakdown of ownership of share capital of limited companies by ethnicity. However, through the years, the level of detail in statistical breakdowns has deteriorated. Earlier documents provided richer data than later ones, which hampers comparisons between the plans.

For instance, in the second and third plans (1971-1975 and 1976-1980 respectively), classifications were broken down by “Malays”, or “Malay interests”.

Starting from the Fourth Malaysia Plan (1981-1985), this was replaced by “bumiputra” which included non-Malay bumiputras (with one exception for an ethnic breakdown of poor households in Sabah and Sarawak).

Today, all tables reflective of socioeconomic status under our Malaysia Plans (we are under the 10th Malaysia Plan, from 2011-2015) only show breakdown by bumiputra – this does not distinguish between Malays and non-Malay bumiputra (orang asli and natives from Sabah and Sarawak).

It would have been crucial to make this distinction, since one would expect these two communities to have different needs, within different contexts, and therefore requiring different programmes. Najib in his speech therefore quoted bumiputra corporate company equity rate having gone up to 23.5% in 2011.

This is coming close to, yet not having achieved, the original objective of the NEP launched under the Second Malaysia Plan, with the aim of “… within a period of 20 years, Malay and other indigenous people will manage and own at least 30% of the total commercial and industrial activities in all categories and scales of operation”.

The methodology of calculating this was not clearly spelt out within the plans. This resulted in a paper published in 2006 by a think-tank suggesting that this target had been surpassed, if one included the equity held in care of bumiputra by government-linked companies (GLCs) and nominee companies (the traces of which are extremely difficult to determine based on publicly available sources).

Related to this is whether or not publicly listed companies ought to be evaluated based on par value or market capitalisation – in 2006, the Economic Planning Unit held it ought to be the former when in fact the latter seemed to be a more sensible and accurate measure of equity ownership.

But say that the government’s official calculations are correct, and we take the figures given in Najib’s speech at face value. This would have spelt out tremendous achievements, since bumiputra monthly average household income has increased by 2,500% in 42 years, to RM4,457 in 2012, and bumiputra poverty rate has gone down from 64.8% in the 1970s to 2.2% in 2012.

The bumiputra from the Kadazan, Iban and orang asli communities would surely be delighted to learn of this.

With such stellar performance, one would have thought increased government aid would no longer have been necessary. Herein lies the problem of potential uneven distribution of wealth within the bumiputra community, and it does not help that we only have lump-sum figures to work with.

Strangely enough, Najib states that the 10th Malaysia Plan was aimed at “providing fair opportunities to all Malaysians, regardless of ethnic groups …” and “based on the principle of friendly market, need, transparency and merit”, but within the same paragraph also says that the meritocracy here meant “competition among bumiputra”.

It is only possible to mean one and not the other; both statements cannot be simultaneously correct.

The numerous studies of successful Malay entrepreneurs today ought to be testament to their ability to flourish in a competitive market. The BEEC assumes that the bumiputra needs more help than ever before.

This reverses the prime minister’s commitments made under the New Economic Model, to open up the economy through fairness in government tenders, fair competition, removing market distortions, among others.

In his administration’s efforts to establish greater competition among the bumiputra, he has also singled out bumiputra vendor development systems “based on merit” among “all ministries and GLCs”, including Petronas for the oil and gas sectors.

For instance, specific mention was made that bumiputra companies would benefit from contracts worth RM20 billion each year for upstream and downstream service work.

Petronas Licensing and General Guidelines 2012 does spell out strict procedures of obtaining licences from Petronas. This already requires that any company must have bumiputra involvement at the equity, directorship, management and employee levels at certain levels.

No details on the licensing process after negotiations is usually made available thereafter, apart from a media release published online on the successful contract awarded.

One concern here is the lack of transparency and accountability, since this usually involves large sums of money and the only oversight on Petronas being that of the prime minister, as stipulated by the Petroleum Development Act 1974. This is especially so if licensing changes are made without having to follow any approval process.

Transparency is a problem for issues of aid anywhere in the world. Even in the realm of international aid, charities and celebrity donors are told how many gunny-sacks of rice are being flown in to a Third World village. But they don’t know how much rice exactly is being given to whom.

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All-round Fiscal Responsibility

(First posted in theSun on 11 September 2013 and can be accessed here.)

THE government says it intends to pursue fiscally responsible policies, but this must be consistently applied throughout its bureaucracy from top to bottom, and in all areas.

Last month, ratings house Fitch Ratings downgraded Malaysia from a “stable” to “negative” outlook, noting the poor state of Malaysia’s public finances and uncertain prospects for budgetary reform and fiscal consolidation.

Indeed, there have been concerns expressed over recent years of the country’s federal government debt, which has risen up to 53.5% of GDP at the end of 2012.

The two budgetary vulnerabilities it identified were the reliance on petroleum-derived revenues, and the high and rising weight of subsidies in expenditure.

It is likely for these reasons that the Najib administration decided to revert to its “subsidy rationalisation” plan, namely the announcement last week of the fuel price increase of 20 sen for RON95 and 15 sen for RON97 at the petrol pumps, which will reportedly save government up to RM3.3 billion annually.

From a fiscally responsible point of view, removing petrol subsidies both ensures that government is reallocating resources to better target aid to the poor, as well as reduces the dependency people (including the rich) have on cheap fuel. The same argument would go for the goods and services tax (GST) that may be announced in the 2014 budget.

Both reducing subsidies and introducing the GST would, in the long run, certainly help boost Malaysia’s debt situation, thereby improving our international ratings. But the real reasons for which people are questioning these decisions have little to do with economic theory.

First, subsidies to independent power producers (IPPs) contribute an estimated RM8 billion annually out of the total subsidies paid a year (RM42.4 billion in 2012). Although some IPP contracts are being renegotiated, there is a need for greater transparency as to the terms of these new contracts. A legitimate question is therefore why the subsidy rationalisation scheme is not being uniformly implemented across the board.

Second, leaders had previously committed to the maintaining of petrol price before the general election. Although one understands the need for politicians to be expedient, this does not help Malaysians in their financial planning. Knowing one’s potential rapid increase in living costs would allow for adjustments to be made accordingly. Surprise price increases are not helpful in this case.

A third and most common complaint by now is the exorbitant and excessive spending of government, many foolish practices of which are reported year after year by the auditor-general.

It is all well and good for government to responsibly raise revenues so that the national coffers do not run dry. But an equally, and perhaps more, responsible thing to do would be to watch where the money is being spent, and to do so in an accountable manner.

The Resources Governance Index 2013, which measures the quality of governance in the oil and gas sectors around the world, ranked Malaysia 34 out of 58 countries and scoring only 46 out of 100. Placed in the “weak” category, Malaysia performed poorly in the areas of “institutional and legal setting” and “safeguards and quality controls”.

Transparency in government procurement is another equally important area. The Auditor-General’s Report in 2011 revealed that the open tender process was not conducted for several projects. It is particularly important for projects that are privatised under either PPP (public-private partnerships) or PFI (private finance initiatives) arrangements to be awarded under open tenders, which is not necessarily the case at present.

Finally, the greatest concern is that incomes are not rising in commensurate measure with the rise in living costs. A more open and competitive economic environment would allow for greater job opportunities that accompany investments, especially that of higher value functions. Malaysia’s performance in the Economic Freedom Index 2013 dropped slightly, affected by declines in monetary freedom, trade freedom and freedom from corruption.

It is important for information to be made available in the value chain of money both going in and out of government accounts. Although recorded in the thick budget books of “Estimates of Federal Government Revenue and Expenditure” respectively, there are still elements that could be made more transparent.

In short, while the government waxes lyrical about the need to exercise fiscal responsibility, this must be applied in all areas of its policymaking. There must therefore be a visible drive to reduce wastage and excessively lucrative pay-outs to companies at the expense of the public. Without this, the level of trust in what these funds are being used for will not improve, subsequently making all justifications of economic efficiency futile.

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Thank You – Next Steps

Dear Friends,

Thank you for your friendship in both personal and professional capacities. The last year or so has been particularly exciting in the various projects I have worked on in the market research, political and documentary filmmaking arenas. I am soon to embark on a different chapter, and have taken up the offer to join IDEAS (Institute for Democracy and Economic Affairs), based in Kuala Lumpur, as its new COO (www.ideas.org.my). You can continue to contact me here, or at my new work email address at tricia@ideas.org.my for work matters.
I have enjoyed interacting with each of you, and look forward to crossing paths professionally with you once again in the future. Selamat Hari Raya Aidilfitri to all who are celebrating it. Have a good one with friends and family, and maaf zahir dan batin kepada semua.
Warmest Regards,
Tricia
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Fixing the Fundamentals

Fixing the fundamentals 

(First published in theSun on Friday, 16th May 2013)

THE country needs a sincere leadership that is serious in fixing the fundamentals of our system of governance, but since this seems almost impossible to achieve, the question is really: what are realistic steps ahead?

Newly sworn-in Prime Minister Datuk Seri Najib Razak called for national reconciliation following the 13th general elections. This is ironic as it was preceded by labelling the election results a “Chinese Tsunami”, which the Barisan Nasional coalition is now saying was only a natural knee-jerk reaction to an even worse parliamentary performance than previously.

In a closed-door roundtable discussion on inclusive development among civil society organised by UKM’s Institute of Ethnic Studies (KITA) held earlier this week, it was established among many present that to move Malaysia forward, differences must be acknowledged and then addressed – not just ethnic but on the points of socioeconomic class, geographical, locational, religious, gender and more.

One might add another dimension to the list, that of a political divide. Advocates of either political coalition might have seen themselves increasingly hostile towards each other in the lead-up to polling day. And following from an exhausting and mentally stressful few weeks of election hype, some might even respond to this by calling for a pause on all things political.

Some, including myself, would like to see Barisan and Pakatan Rakyat members of Parliament practising bi-partisanship in pushing certain agendas for reform forward.

Indeed, this paints a pretty picture of a world in which individual conscience might guide parliamentary voting – as opposed to the bloc-voting style now imposed. This also assumes that there are individual politicians who do have moral compasses.

In this imaginary universe, reform-minded politicians from both sides would gladly come together in the substantive efforts of, for example, freeing the media from political interference; strengthening Parliament to create a check-and-balance on the increasingly powerful executive arm; and perhaps – the most utopian of all – put an end once and for all to race-based politics (linked to which is the incessant fanning the flame of racial polarisation). These are just some of the basic building blocks of what any progressive, democratic nation ought to already possess.

Take for instance the gaping divide between the information that rural and urban communities are able to access. During and after the election, media infrastructure at the disposal of the ruling coalition have been fully harnessed for propaganda purposes.

Mainstream media in the form of television, radio and newspapers whose ownership is linked to Barisan continue to spew out messages that can be deemed as stirring up negative response.

If the government were serious about building reconciliatory bridges across what it considers to be racial division, would it not be most logical to deal with these remarks? Such messaging is what creates lingering uneasiness and tension, which may not even necessarily reflect the reality of daily amicable cross-ethnic interactions.

Add to this the inability of those in more secluded rural areas to access any form of alternative media online, and you get the widest possible gap: that of the mind. This creates disparate worldviews, the single biggest problem that any society faces.

With divergent sources of information and, therefore, education, it is almost impossible to speak of honest reconciliation or inclusivity without seriously addressing media reform. Malaysia has fallen to its lowest-ever position in the 2013 World Press Freedom Index “because access to information is becoming more and more limited”, falling 23 places to 145th rank among the 179 countries surveyed.

This should be of great concern to our leaders who we hope are trying to educate, and not dumb-down, its citizens. The reality is that for bi-partisanship to work in our political system, parties will have to give up the practice of bloc-voting.

Second, there would be absolutely no point if the like-minded agenda does not include reforming laws and policies which are considered archaic and restrictive to basic liberties. In all likelihood, it will be tremendously difficult for Barisan parliamentarians to push for any of these fundamentals individually, if their leader does not equally mandate it.

The 13th general election has created many conversations, which should be encouraged as each community seeks steps for improvement. But given the dismal conditions of certain fundamentals that do not seem likely to be corrected in the near future, how feasible is it for the electorate to trust that “reconciliation” will be managed in its proper and rational manner?

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Commentary on Malaysia’s 13th general elections on Freedom Barometer

Commentary on Malaysia’s 13th General Election

(Written for and first published by Freedom Barometer).

By Tricia Yeoh

The 13th general election, which was held on May 5th 2013 across Malaysia, was anticipated to be one of the most hotly contested in the country’s history. This was so because of the extremely tight race between the ruling incumbent coalition, Barisan Nasional (National Front) and the opposition coalition, Pakatan Rakyat (People’s Alliance). Five years earlier, what is now popularly known as a political tsunami swept across the country, in which the Barisan was for the first time denied a two-thirds majority in Parliament and lost a total of five state governments to Pakatan, two of which are the urban and business centres of the country, Selangor and Penang, which together form more than 60% of Malaysia’s GDP.

In the lead-up to the recent polls, the political stakes were high on both sides of the divide. For the first time ever, election manifestos were launched weeks in advance, translated into multiple languages (to accommodate Malaysia’s multilingual society). Separate non-governmental organisations sprung up to monitor the elections, and the social media space was vociferously used to promote policy offerings on a wide range of concerns. The main issues affecting voters, which both the Barisan and Pakatan attempted to respond to, were that of corruption, economic or bread-and-butter woes, and the crime rate.

The reason for the close competition was because for the first time, there was a viable opposition that had branded itself as an alternative federal government, after having achieved key financial successes in the states they govern. Although there were initial criticisms that the three component parties – the Democratic Action Party (DAP), People’s Justice Party (PKR) and Pan-Islamic Malaysian Party (PAS) – were of greatly opposing views over the five years from 2008 until 2013, the coalition was largely able to present a cohesive front, smooth over any major internal flaws and come to consensus on administrative tasks. The coalition also presented a number of common policy documents, including Shadow Budgets in the last two budget cycles that spoke of the ability to agree on a wide range of policy issues.

In this election, Barisan got a further beating by winning a total of 133 out of the 222 Parliamentary seats, 7 less than the 140 it got in 2008. This translates into 59.9% of seats, even though Barisan only received 47% of the popular vote nationwide. The opposition Pakatan won 89 seats, with more than 50% of the popular vote. Amongst the Barisan component parties, the more ethnically Chinese-based parties, the Malaysian Chinese Association (MCA) and Parti Gerakan suffered the greatest losses, losing 17 seats; MCA was down 15 to 6 parliament seats, and Gerakan is left with one. The opposition’s gains were noteworthy: DAP gained 10 new seats, winning 38 in total; PKR won 30 seats in all, and PAS took 21. This is significant given that Barisan leader and Prime Minister Najib Razak had committed to winning back the two-third majority it lost in 2008.

Barisan had also channelled a large amount of resources into winning back the jewel on the crown, the state of Selangor, but ultimately failed to do so. Pakatan strengthened its grip on three of its states, Selangor, Penang and Kelantan, by winning two-third majorities in each of them, but failed to hold on to Kedah, a rural state in the north of the Peninsular. Maintaining a hold on these dynamic states that contribute to the economic vibrancy of the country is considered a positive for the opposition Pakatan.

Although Barisan will continue to lead the country, this victory was marred by numerous allegations on electoral irregularities, which the opposition claim has cost them a possible victory. On the day of polling, many pictures and videos of alleged foreign voters were circulated on social media, claimed to be illegitimate citizens of Malaysia, given identity cards by the government to boost the support for the Barisan coalition. In the lead-up to polling day, other reports were being spread that foreigners were being flown in with the co-operation of the national airlines company for the same reason, some allegedly receiving money in exchange for their votes.

None of these reports can be considered substantiated evidence yet at this point; electoral reform watchdog Bersih 2.0 will hold a People’s Tribunal to collect such reports, whilst PKR is doing the same on behalf of the opposition. With these in hand, election petitions are expected to be filed in court to seek judicial review of the results of 27 separate parliamentary seats that were considered dubious. The criteria for results analysis were seats where the margin of win was below 5%, spoilt votes outnumber a small margin of win, early and postal votes outnumber the margin of win garnered from normal votes, to the extent that it affected the results of the normal votes, and seats that had reports of fraud. To date, complaints received were categorized into six areas, ranging from voters not being allowed to vote because someone had voted in their name, BN purchasing votes by offering cash vouchers, or disappearing indelible ink (Malaysia used indelible ink for the first time in this election to avoid double voting).

Apart from these issues, one of the main problems raised as a result of the elections has been that of malapportionment of constituencies. For instance, there are 15,800 voters for the one Putrajaya parliament seat, but 144,000 voters in Kapar. As a result, there were substantially more voters in Pakatan-won seats (an average of 77,655) compared with those in Barisan-won seats (average of 46,510). The gross imbalance of weightage given to voting constituencies is a deep flaw in the Malaysian electoral system, affecting the ability of the opposition to make greater gains in the future even with a higher popular support. This is a historical heritage of the delineation of constituencies, which is due to be revised this year, the last demarcation exercise having taken place in 2003. However, this time the Election Commission and Barisan politicians will have to negotiate with their Pakatan counterparts since any addition to the number of constituencies will require a two-third majority support in Parliament. This re-delineation process is probably the single most important event that needs to be carefully monitored, as it will have a direct impact on at least the next two to three elections to come.

Several Malay-language newspapers along with some government leaders branded the outcome of the election as a ‘Chinese Tsunami’, which was considered distasteful to many. This was based on the premise that the ethnic Chinese had voted strongly against the government, in favour of the opposition. The messaging would have created the notion that the Malays were pro-government, and Chinese pro-opposition, an unnecessary and irresponsible statement to make given the need for inclusive narratives in the multi-ethnic country of Malaysia. Other analysts, however, have since emerged to critique this, by saying that it was the young and urban voters who chose the opposition, whilst rural voters continued to support the incumbents. This election, for example, saw 25% of all voters being newly registered, with 22% aged 30 and below. This group had no voting patterns to track from previous record, and were the most likely to be urban, having access to the internet, alternative and social media, and therefore more critical minded. Seeing as Malaysia’s population is set to reach an urbanisation rate of more than 70% by 2020, both political coalitions would do be well advised to tailor their messages to this audience.

The coming year will continue to be politically heated as the central party of Barisan, the United Malays’ National Organisation (UMNO), anticipates its party elections in October, along with its general assembly. It has serious rethinking to do, since it now sits as the dominant party in the coalition, due to the failure of other Barisan parties to make positive gains. In the opposition, PKR is also expected to hold party elections at the end of the year, whilst PAS will call its annual muktamar (general assembly) as well. Political observers interested in developments in Malaysia will do well to monitor the goings-on within the parties, as these would have a direct impact on national level politics.

In terms of citizen participation, this election saw a record high voter turnout of 85%. Queues began as early as 7am in many polling stations, an hour before the booths opened to receive voters. Many groups organised their own events, such as a group in urban Bangsar initiating their planting of colourful cloth “Malaysian Spring Flowers” as an indication of the flowering of democracy. Bersih 2.0 put together volunteers to monitor the election process outside polling stations. The Election Commission granted observer status to several local NGOs, who have submitted reports. One such report by the Institute of Democracy and Economic Affairs (IDEAS) and the Centre for Public Policy Studies (CPPS) concluded that the elections were “partially free and not fair”, to which the Prime Minister’s Department has responded negatively. Public participation in the election process seemed to be encouraging, with a great many young Malaysians excited for the first time at the prospect of voting. This is a trend that must be cultivated over the long-term period.

To conclude, the 13th general election was the culmination of the previous two years’ worth of political angst and upheaval. A period of uncertainty had come over Malaysia as the nation waited for the election announcement date, also affecting the stock market and business sentiment. Now that the results have been announced, things have largely swung back into rhythm, with the exception of opposition rallies that are being held across the country, in rejection of what it considers to be an illegitimate government due to electoral discrepancies. Only time tell if the courts will accede to the election petitions, failing which it is back to the court of public opinion that both the Barisan and Pakatan coalitions will appeal to in the months and years to come, before the next election takes place (either at the state or federal level). Until then, the democratic system of elections and governance will continue to be questioned, and it is hoped that leaders in the country will take cognizance of this in seeking the institutional reform needed for Malaysia’s long-term progress.

Posted in Elections, Outside Malaysia | Leave a comment

The malapportionment of blame

Tricia Yeoh (First published in Malaysiakini on 11th May 2013)

COMMENT In the past week, two Malay newspapers Utusan Malaysia and Kosmo! chose to have as their headlines controversial statements that could be considered incendiary in reference to the Chinese having rejected Barisan Nasional in favour of the opposition Pakatan Rakyat, following the results of the 13th general elections held almost a week ago.

NONEBoth former and current Prime Ministers Dr Mahathir Mohamed and Najib Abdul Razak (right) have said as much, creating the public perception that this election marked out the stark difference in voting patterns between the Malays and Chinese, especially in the latter’s reference to a ‘Chinese Tsunami’.

Malaysians have to caution against this ethnic positioning as an easy blame game, for several reasons.

First, it is more accurate to state that the results saw a split between urban and rural voters, hence a spatial and class, rather than an ethnic, divide.

NONEPakatan strengthened its incumbent position by winning two-third majorities in Selangor and Penang, the two most industrialised and urban states, which together contribute to the almost 60 percent of the country’s GDP.

In Selangor, the only parliamentary seats won by Barisan were in the more rural or semi-urban areas such as Sabak Bernam, Sungai Besar and Tanjong Karang.

In Seremban, DAP candidate Anthony Loke would not have won with more than a 12,000 majority (and a 16,501 swing) had it not been for Malay support, where Malays constitute 44 percent of the seat’s population.

Flawed argument gets nailed

The argument that opposition gains were only due to Chinese swing is also not fully accurate, since Malay-majority seats such as Kuala Terengganu (89 percent Malay, 10 percent Chinese) were wrested by Pakatan with a 10,785 majority (and a 11,413 swing). Both are urban seats.

It is ,therefore, too simplistic to attribute the opposition’s gains to racial polarisation, since one must equally examine class and geographical differences.

Second, the allegations of electoral fraud make it difficult for accurate analysis to take place.

Pakatan has accused the electoral system of being rigged through a number of ways, such as providing identity cards for foreigners to vote, flying them into the peninsula en masse from East Malaysia, and Malaysians having their names either removed from the voter roll or registered without their knowledge, ‘indelible ink’ that was very easily removed, and vote-buying, among other discrepancies.

If the fraud is indeed as widespread as alleged, then this raises serious concerns as to the legitimacy of the election results, which has a direct effect on our reading of voter sentiment.

Out of the 24 parliamentary seats with a majority of less than 1,500, 17 of them were eventually won by Barisan – including Bentong and Kuala Selangor, where initial results saw the Pakatan candidates leading.

In many cases, the number of spoilt votes exceeded the majority, and the majority was less than 4 percent of the total number of votes, the latter of which would have required a recount although this was denied in Kuala Selangor.

Game of statistics stripped

Barisan is now the federal government because it bagged 133 seats out of the 222 in total, giving it a majority of 22 seats.

However, a series of questions must be asked: Could the Barisan win at the federal level be attributed to the wins in these marginal seats, some of which had their results changed after the recounts?

NONEIf so, should the Election Commission not investigate the alleged fraud cases that could have affected the outcomes of the razor-thin wins of such seats, which in turn would have led to a very different result?

Finally, statistics are emerging that demonstrate the effects of malapportionment on the election results. Pakatan’s 89 seats had an average of 63,191 votes cast, compared with Barisan’s 133 seats which had an average of 39,381.

Simply put, Pakatan won in the seats with larger constituencies, while Barisan won in the smaller ones.

This explains the Barisan win, despite Pakatan having won the popular vote with 51.4 percent of the population’s support and Barisan with 48.6 percent.

Moving forward, both political coalitions – together with civil society – will have to reflect deeply upon what actions are needed to address these issues, as well as their mid to long-term implications.

Time to look at naked truth

There is an urgent need for Pakatan to craft messages that better target the low-income, rural and Malay voters, assuring them that their lifelines would not be cut off without Umno around.

Barisan has to take a good look at its coalition model, since its component parties MCA and Gerakan are effectively depleted.

It will also have to examine the reasons for which urban, middle-class voters rejected their offerings so resoundingly.

In order for the alleged electoral fraud to be taken seriously, cases have to be systematically compiled and recorded.

Bersih 2.0 has stated it would organise a People’s Tribunal to this end, while PKR has appointed newly elected Member of Parliament Rafizi Ramli for its compilation purposes.

This will be in addition to the election petitions expected to be filed by Pakatan parties in 20 constituencies or so, in which the winning margin was less than 5 percent.

It is hoped that the lawsuits, which must be filed within 21 days after the results are gazetted, would be an effective recourse sought by Pakatan in seeking justice for what it considers an unfair elections.

Even if these efforts, accompanied by hard evidence, fail to ultimately impact upon the election results, they would still be crucial for the court of public opinion in the coming months, for historical record as well as valuable lessons learnt in order to better prepare for the 14th general election.

Why GE13 should be toasted

Finally, it is clear that without genuine electoral reform, even an election which is the most fundamental form of democracy would not be conducted fairly, nor its citizens’ votes respected.

In a system where parliamentary seats are not fairly weighted nor apportioned, the party with minority support emerges the victor.

This is an unfortunate consequence of the way constituencies are demarcated at present, which can only be amended with a two-third majority support in Parliament.

Before political analysts deduce that this was an election that divided Malaysia racially, one must be cognisant that if not for these irregularities, a very different result would have emerged.

Coming to a conclusion based on the election results at merely face value would not be entirely accurate.

If anything, it must be pointed out that young urban-dwellers voted across ethnic lines for the opposition against a corrupt regime, a trend that will only continue given that urbanisation is expected to exceed 70 percent by 2020.

It is this that should instead be celebrated and not conveniently ignored, in the desperate need to explain the worst election performance in Barisan’s history as entirely due to the racial divide.

In the journey towards a more open, transparent and democratic Malaysia, the 13th general election has raised even more questions on electoral processes, which if not corrected, will have a permanent mark on all future elections.


TRICIA YEOH is research director of Institut Rakyat.

 

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An election by manifesto

An election by manifesto

 

Photograph: Kwong Wah Yit Poh

Photograph: Kwong Wah Yit Poh

Debates on policy became a major focus of Malaysian public discourse after March 8, 2008. Although there is much still to be desired, this shift has helped move political concerns away from issues of race and religion. In election time, this new discussion takes the form of manifestos, at both state and federal levels. 

By Tricia Yeoh

(First published in the Penang Monthly, May 2013 issue).

The 13th General Election holds a very real possibility of change in the federal government. Most important is the fact that never before have policies played such a prominent role in persuading voters one way or the other. The manifestos launched by both the Pakatan and BN coalitions at the national level have been hotly debated and discussed in public, especially so in the urban and middle class areas of Klang Valley and Penang.

A similar process can be observed at the state level, where both the Selangor and Penang governments launched state manifestos in mid-April, three weeks before May 5, This article compares the Pakatan state manifestos for the two states, and does not attempt to compare these to BN’s.

There are obvious similarities between the Penang and Selangor state manifestos. The top five of these will be focused on.

1. Housing 
It comes as no surprise that providing affordable housing is an important element of both manifestos. The Selangor manifesto, for instance, plans to channel RM100mil into its State Housing and Property Board that will chart out housing policies in a more holistic way than at present, and prioritise affordable housing. It also plans to increase the number of council homes already being provided for city dwellers to rent. Specifications are also made for affordable homes, with a minimum area of 800sqft costing up to RM150,000 per unit. Apart from that, a People’s Housing Scheme will also be introduced for buyers finding it difficult to obtain bank loans, with the government allocating RM50mil a year or RM250mil in total.

Penang establishes housing as an important element and includes it as one of its 12 points, namely “Housing for all”. With complaints coming especially from the city centre of George Town and the island as a whole, Penang, in its manifesto plans to continue its RM500mil Affordable Housing Fund, will build 22,000 quality affordable housing units in six named districts throughout the state ensure all districts have rental houses for the poor; implement the State Housing Board and continue the allocation of RM50mil for the Housing Assistance Programme of Penang. The proposals are almost alike in both manifestos on the points of the Housing Board, rental housing and affordable housing funds.

2. Transportation 
A second priority that both those in Selangor and Penang emphasise is transportation. The Selangor manifesto promises to complete the construction of the long-awaited RM300mil third Klang Bridge; construct the Integrated Public Transport Terminal in Shah Alam; provide free public transport services like buses in Shah Alam, Petaling Jaya, Subang Jaya, Klang and Kajang; and finally provide bicycle lanes for new housing development estates in specific locations.

Penang’s Pakatan commits to implementing the Penang Transport Masterplan to reduce congestion, which includes a state-wide tram system as well as water taxis; an RM6.3bil traffic dispersal project through three highways; and the Undersea-bed Tunnel from Gurney Drive to Butterworth. It also plans to continue upgrading and constructing new roads with an RM60mil allocation.

The Pakatan national manifesto commits to lowering the prices of cars through the gradual removal of excise duties, which critics say would increase the number of cars on the road. Lower car prices need to be coupled with a focus on public transport, both at the federal and state levels, especially the development of new initiatives such as trams, local buses and the boosting of connectivity between transport hubs. These issues are therefore on the agenda at the level.

 

Photograph: Halal Penang

Photograph: Halal Penang

3. Economy, entrepreneurship and business 
In Selangor’s battle for water ownership, a new proposal is slated in Pakatan’s manifesto, committing to ensuring that the people of Selangor themselves will be able to own and subscribe to shares in the Selangor water company (upon completion of the restructuring, and assuming the buyback of water concessionaires is successful, postelection). A Selangor Entrepreneurship Corporation will also be formed to create a conducive environment for education and training, as well as allocate five per cent of the state’s reserves to create a Lifelong Learning Fund for those who need to increase their skill sets. Small traders will be encouraged to be owner-operated through the means of building kiosks and stalls, and avoiding rentseekers. A state-level Halal Hub with Selangor Halal Certification will also be a goal in the next term. 

The halal theme follows from Penang, which is committing to making Penang a Global Halal Centre; creating a High Technology Green Industrial Park; expanding the microcredit financial assistance with RM5mil more; empowering state SMEs; and establishing an aquacultural industrial zone in north and south Seberang Perai, abolishing boat and fishing licenses, and providing free nets annually.

Both states have made great strides in managing their finances successfully, which thus marks the minimum basic requirement for the term to follow.

4. Welfare assistance Both Selangor and Penang have proven that with good financial performance, increased revenues can be channelled back to the people through welfare schemes. Both manifestos spell out additional assistance policies. Again, the schemes are very similar in both states, targeting key marginalised groups that have either fallen through the economic cracks or that require more assistance than has been provided by the federal government.

In Selangor, this will include a Selangor Women’s Empowerment fund to improve women’s quality of life in terms of finances and security, providing free breast and cervical cancer tests, expanding microcredit schemes with special attention to single mothers and ensuring all government premises will have nurseries and kindergartens. Selangor also plans to provide free testicular and prostate cancer tests for men, set up a People’s Dialysis Centre worth RM10mil and increase the qualifying incomes of parents for the University Gift scheme to RM3,000, among other schemes including those for the differently-abled.

Penang aims to completely eradicate poverty through its Equitable Economic Agenda which ensures that every household receives a minimum monthly income of RM770, that various schemes for the elderly, disabled and single mothers are continued, that dialysis centres are established in every district, that there are free bus cards for the elderly and disabled, that district registration assistance is provided for stateless Malaysians and that RM600 a year is provided as service incentives to taxi drivers.

5. Arts and culture
Selangor commits to three Integrated Islamic Complexes that will include in each one a mosque as well as education and community centres, and will provide land for religious places of worship for all religions. Three cultural centres will also be built alongside the Klang River for the Malay, Chinese and Indian communities with public and private funding.

The arts is given a heavier focus in Penang, which will strengthen George Town’s status as a Unesco World Heritage site. ArtsPenang will be established as the coordinator and implementer of art and culture, and form the Penang Heritage Council and State Heritage Commission. Penang also plans to upgrade two halls as stages for international arts, the Dewan Sri Pinang and Town Hall, as well as empower the Indians through the Hindu Endowment Fund.

The manifestos include education issues as well, where in Selangor, the plan is to start a Menteri Besar scholarship to create a Brain Bank in the state for scholars who will eventually work in the state government and increase allocations to national-type schools at primary and secondary levels. Penang is ambitious in wanting to become a regional education hub and to establish five Penang Learning Centres and foster human capital through training and attracting talent.

Finally, there is the issue of decentralisation, which both state manifestos mention. Although in their first term in government both states were unable to implement local council elections, both manifestos now mention this as a goal they want to achieve. Selangor plans to pass the Selangor State Assembly Services Act to empower the legislative arm of government and make it independent from the Executive. Penang, in turn, is demanding the power to determine key policies such as public transport and freehold land status.

As people become more accustomed to knowing what roadmap either political side has in store for them and their future, governments will eventually become more accountable. A manifesto promises many good things, but more important is that they are conceived upon what is achievable and ultimately good for the people.

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What will a second term mean for Penang and Selangor?

What will a second term mean for Penang and Selangor?

 

Selangor State Assembly.

Selangor State Assembly.
Photograph: roketkini.com

Selangor and Penang are strongly expected to remain in the hands of opposition coalition. A relevant question is, what should a secondterm Pakatan state government try to achieve in those states? 

By Tricia Yeoh (first published in the Penang Monthly, April 2013 issue)

Over the last five years, Selangor and Penang have experienced significant changes under new state governments. But despite the innovative policies implemented, there have also been areas where more could have been done. What are the top five policy themes that will be good to focus on in the next five years?

1. Economic cooperation 
Being the two most urbanised and developed states that together attract at least onethird of FDI, Penang and Selangor could have engaged in more strategic economic cooperation. Although many of the policies and programmes that were adopted are in fact similar, this was not necessarily the result of any concerted effort in creating a common platform. In the future, both states can seek to adopt a common “Pakatan Rakyat state policy” stand, under which specific programmes can be outlined, representative of the coalition’s economic philosophy. Some parts may differ according to the states’ individual needs, but having a largely similar policy package will allow for consistency.

For Pakatan-led states that are less urban, it is understood that their needs will be significantly different. At a Menteri Besar Summit in 2010, there was discussion that the states could come together to form a “Pakatan Rakyat States Fund”, which could be marketed abroad. The majority of the seed funds would come from the more prosperous states of Selangor and Penang. Investment into this fund would also allow for development in states that may not have sufficient financial resources of their own.

As things are, and given a highly centralised bureaucracy, the federal government takes the lion’s share of funds, leaving a pittance for state coffers, especially in states run by the opposing coalition. Another option is for state-linked companies to raise funds on their own, although legally this would be tricky as most funds would need prior approval from the Securities Commission. Whatever the outcome, Pakatan states ought to look at how they can cooperate better in their economic planning, riding on the strengths of the more developed states.

2. Democratic participation 
Pakatan prides itself on being the champion of democratic participation, and this has been made evident through the two state governments’ passing of their Freedom of Information enactments and the efforts made towards restoring local government elections. While these are certainly steps in the right direction, they should not stop there. The requirement for a Freedom of Information Commission to exist is still not actuated, and much will need to be done to educate civil servants and the public on the benefits and importance of access to information. At present, there does not seem to be any real understanding of how this translates into better quality of life.

Local government elections have also been a difficult issue to tackle, given a variety of opinions on its need, even within the Pakatan coalition. In Selangor, the chairpersons of several new villages were elected based on the same premise that local government elections are grounded upon. Mosque committee heads were also democratically elected, a change from the past. However, efforts were slow in getting a pilot local election to take place within Petaling Jaya, which was the original idea. Likewise, although Penang has taken things a step further by petitioning the Federal Court to restore local government elections, this remains at the legal and bureaucratic levels.

What is of primary concern is democratic participation within local council affairs, despite the absence of councillor elections. For instance, a greater budgetary allocation to Local Agenda 21 (LA21), which encourages public participation in major council decisionmaking matters, and the setting up of an organised, structured feedback system from local civil society and NGOs will be good. There exists the Penang Forum in Penang, but a similar entity has not been structured in Selangor, the latter of which has adopted a more ad-hoc response to NGOs.

That said, the Freedom of Information model of Selangor is one that can be followed in both states. The process of getting this passed incorporated the role of civil society, with the representation of the Coalition for Good Governance on board the joint committee together with the Selangor government (in this case, YB Elizabeth Wong, the Exco member who chaired it). Later, a public consultation took place following the first and second reading of the enactment, until the final draft was agreed upon. This structure allowed for direct contributions from the public. More such examples should be considered for the host of issues to be worked on in the future, such as local council budgeting, forest protection and Orang Asli rights.

3. Institutionalising programmes 
Penang has successfully institutionalised different organisations over the past five years, such as the Penang Institute, which publishes Penang Monthly, the Penang Women’s Development Corporation and so on. These are excellent case studies that the other Pakatan states could have incorporated. Although Selangor instituted its Gen-S (Generasi-Selangor) as a youth body that would organise events, awards, forums and so on, this has not been fully marketed and more can be done in empowering such an organisation to care for a crucial demographic constituency. Selangor also has the advantage of a state-owned university, namely University Selangor (UniSel), which can also be used to encourage studies in public policy, political philosophy and youth leadership.

It is through the steady, systematic construction of empowering structures on a range of issues such as women, youth and the need for intellectual study of state policy, that the states will be able to organise themselves better. This is an area that can be developed in the next five years, especially in the state of Selangor, which has tremendous resources.

Both Selangor and Penang are in excellent positions to continue displaying just what a Pakatan government will look like when in federal government and, no doubt, policies have been executed in the last five years with this in mind. However, more can and should be done in each of the three areas outlined above: the two states should engage in greater economic cooperation, do more to increase democratic participation in a more realistic and practical manner with direct contributions from the public, and finally, institutionalise some of the programmes in a way that empowers people to achieve their objectives.

Should there be a change in federal government, both Selangor and Penang will also have to adjust to political realities as well as expectations of voters. Both states will no longer be able to cite the excuse that the federal government is too centralised and restricts funds from the states. Although it would be an exciting time for Malaysians, Pakatan state governments will have to continue focusing on the states that they continue to be given the mandate to run.

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