Reclaiming the right to 3rd vote
Published: Jul 6, 2009 6:17 AM | Updated: Jul 6, 2009 6:28 AM
The Coalition for Good Governance (CGG) today hammered home the importance of holding local government elections in the country.
The Coalition for Good Governance (CGG) today hammered home the importance of holding local government elections in the country.
The reminder comes as the Pakatan Rakyat Selangor government announced its new local councillors today to replace some of those appointed last year who have underperformed.
Asking if Selangor would lead the way, CGG said by doing so, the state government could show its sensitivity towards the changed political realities in Malaysia.
CGG chairperson Maria Chin Abdullah said following the March 8, 2008 elections, the newly-elected Selangor state government, like its Pakatan counterparts in other states, had also followed the appointment system.
However, representatives from non-governmental organisations were also appointed, she added in a press statement.
"CGG believes that election of local councillors is still relevant and necessary to put into place as it will contribute towards the positive trajectory of greater democracy and accountable governance," she said.
Maria also reminded the Pakatan parties that during the campaigning period for the last general election, they had individually and collectively promised local council elections in various campaign documents.
On the same note, CGG also lauded the Selangor state government for taking the first step by commissioning a study on reintroducing local elections.
The coalition also listed several recommendations for the state governemnt covering three categories, 'long term', 'short term' and 'mmediate'.
"CGG recommends a multi-stage process of implementation to ensure its (local elections) reinstatement, including immediate and short-term recommendations.
"CGG has also envisaged preparatory steps which will help pave the way for the long term reinstatement of local government elections at the national level," Maria said.
Long-term recommendations (before end of the 13th Parliament):
In the long run, CGG recommended a more comprehensive and thorough reform of local government in Malaysia.
This, CGG believed, is the role and responsibility of the National Council for Local Government (NCLG). The reforms will have to seriously consider the following issues:
1. Reforming local government in terms of policies, laws, structures, processes and administration to uphold human rights principles and democratic governance
2. Synchronising administrative and electoral districting within the existing single member plurality system. This means aligning the electoral boundaries at all three levels of government so that the interests of citizens are served by a local councillor, state assembly person and member of Parliament.
3. Reviewing alternative electoral systems as opposed to Malaysia's present first-pass-the-post election option.
4. Introducing elected mayors or presidents
Maria said CGG recognised that the long term strategy for law reform will take time and, therefore, recommended that a Royal Commission on Local Government be set up to effect a comprehensive review and reform.
"State governments committed to local democracy can take the lead by collectively pushing this into the agenda of NCLG.
"This can force the federal government to set in motion the reform of local government so as to better reflect the aspirations and interests of the citizens, instead of merely passing a motion at the state assembly to call upon the federal government to initiate local government elections," she added.
Short-term recommendations (within the term of the state legislature and executive)
Maria said state governments should use their powers to effect an 'opt out' of Section 15 of the Local Government Act 1976 (LGA) by evoking the provision under Section 1(4) of the LGA.
"By utilising the provision of section 1(4) of the LGA, a state government has the discretion to exclude any area within a local authority from the provisions of the LGA, in particular the cessation of local council elections," she added.
Once the 'opt out' exercise is carried out, Maria said the Local Government Elections Act 1960 (LGEA) can be used to conduct local elections.
"A state government would need to take some steps to follow up on the 'opt out' process. It would need to enlist the assistance of the Election Commission to administer the local elections in accordance with the provisions of Section 4(1) of the LGEA," she noted.
Immediate recommendations (within one year)
Running concurrently with the long-term process and the short-term 'opt-out' exercise, Maria said the Selangor state government should conduct a 'people-oriented selection process' (POSP).
She said POSP will have the effect of by-passing the EC (in the event that EC chooses not to cooperate) whilst still giving some measure of legitimacy to the wishes of citizens.
"POSP would operate like an election, whereby candidates are 'nominated' by communities at their constituency levels, and a selection is held.
"Once selected in this manner, a state government would then proceed to appoint those chosen as councillors for the specified constituency," she said.
"This method avoids any legal or political disputes with the federal government and EC and can be carried out in the shortest possible time frame, i e within 12 months," she added.
Maria said the idea of the POSP is for citizens to reclaim their rights to the third vote.
"Continuing with the appointment system or proposing the setting up of an independent selection committee, be it partisan or non-prtisan, does not help to resolve issues of governance and concerns of political deference as opposed to fulfilling citizens' interests," she added.
The reminder comes as the Pakatan Rakyat Selangor government announced its new local councillors today to replace some of those appointed last year who have underperformed.
Asking if Selangor would lead the way, CGG said by doing so, the state government could show its sensitivity towards the changed political realities in Malaysia.
CGG chairperson Maria Chin Abdullah said following the March 8, 2008 elections, the newly-elected Selangor state government, like its Pakatan counterparts in other states, had also followed the appointment system. However, representatives from non-governmental organisations were also appointed, she added in a press statement.
"CGG believes that election of local councillors is still relevant and necessary to put into place as it will contribute towards the positive trajectory of greater democracy and accountable governance," she said.
Maria also reminded the Pakatan parties that during the campaigning period for the last general election, they had individually and collectively promised local council elections in various campaign documents.
On the same note, CGG also lauded the Selangor state government for taking the first step by commissioning a study on reintroducing local elections.
The coalition also listed several recommendations for the state governemnt covering three categories, 'long term', 'short term' and 'mmediate'.
"CGG recommends a multi-stage process of implementation to ensure its (local elections) reinstatement, including immediate and short-term recommendations.
"CGG has also envisaged preparatory steps which will help pave the way for the long term reinstatement of local government elections at the national level," Maria said.
Long-term recommendations (before end of the 13th Parliament):
In the long run, CGG recommended a more comprehensive and thorough reform of local government in Malaysia.
This, CGG believed, is the role and responsibility of the National Council for Local Government (NCLG). The reforms will have to seriously consider the following issues:
1. Reforming local government in terms of policies, laws, structures, processes and administration to uphold human rights principles and democratic governance
2. Synchronising administrative and electoral districting within the existing single member plurality system. This means aligning the electoral boundaries at all three levels of government so that the interests of citizens are served by a local councillor, state assembly person and member of Parliament.
3. Reviewing alternative electoral systems as opposed to Malaysia's present first-pass-the-post election option.
4. Introducing elected mayors or presidents
Maria said CGG recognised that the long term strategy for law reform will take time and, therefore, recommended that a Royal Commission on Local Government be set up to effect a comprehensive review and reform.
"State governments committed to local democracy can take the lead by collectively pushing this into the agenda of NCLG.
"This can force the federal government to set in motion the reform of local government so as to better reflect the aspirations and interests of the citizens, instead of merely passing a motion at the state assembly to call upon the federal government to initiate local government elections," she added.
Short-term recommendations (within the term of the state legislature and executive)
Maria said state governments should use their powers to effect an 'opt out' of Section 15 of the Local Government Act 1976 (LGA) by evoking the provision under Section 1(4) of the LGA.
"By utilising the provision of section 1(4) of the LGA, a state government has the discretion to exclude any area within a local authority from the provisions of the LGA, in particular the cessation of local council elections," she added.
Once the 'opt out' exercise is carried out, Maria said the Local Government Elections Act 1960 (LGEA) can be used to conduct local elections.
"A state government would need to take some steps to follow up on the 'opt out' process. It would need to enlist the assistance of the Election Commission to administer the local elections in accordance with the provisions of Section 4(1) of the LGEA," she noted.
Immediate recommendations (within one year)
Running concurrently with the long-term process and the short-term 'opt-out' exercise, Maria said the Selangor state government should conduct a 'people-oriented selection process' (POSP).
She said POSP will have the effect of by-passing the EC (in the event that EC chooses not to cooperate) whilst still giving some measure of legitimacy to the wishes of citizens.
"POSP would operate like an election, whereby candidates are 'nominated' by communities at their constituency levels, and a selection is held.
"Once selected in this manner, a state government would then proceed to appoint those chosen as councillors for the specified constituency," she said.
"This method avoids any legal or political disputes with the federal government and EC and can be carried out in the shortest possible time frame, i e within 12 months," she added.
Maria said the idea of the POSP is for citizens to reclaim their rights to the third vote.
"Continuing with the appointment system or proposing the setting up of an independent selection committee, be it partisan or non-prtisan, does not help to resolve issues of governance and concerns of political deference as opposed to fulfilling citizens' interests," she added.
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