Bersih's memorandum to the King

[click picture to enlarge]

Your Majesty,

The Coalition for Free and Fair Elections 2.0 (BERSIH 2.0) which comprises sixty-two (62) civil society organisations are grateful to Your Majesty for granting us an audience on 5 July 2011.

BERSIH 2.0 believes that the time has come for electoral reofrm in Malaysia. A successful democracy is one that is built based on elections that are clean, free and fair. The right to vote is enshrined in Article 21 of the Universal Declaration of Human Rights (UDHR). Voting is important to allow the rakyat an active voice in government and to ensure the protection of other fundamental rights.

However, a system of clean, free and fair elections must exist so that voters may fully enjoy their right to vote and in order for their votes to be accurately reflected in the governance of the country. A clean, free and fair election would also avoid disputes of election results which, if allowed to occur, may jeopardise the peace and prosperity of the country.

It is the desire and intent of BERSIH 2.0, together with thousands of Your Majesty’s subjects gathered this day, Saturday, 9 July 2011, to appeal to Your Majesty for the establishment of a Royal Commission of Inquiry to comprehensively study the weaknesses in, and to propose improvements to, the existing electoral system and process. BERSIH 2.0 requests that this Royal Commission of Inquiry comprise members of calibre and who represent all stakeholders.

Your Majesty,

Given that a general election may be called at any time, BERSIH 2.0 together with thousands of Your Majesty’s subjects gathered on this day, humbly invite Your Majesty’s attention to the following eight (8) short-term measures that should be implemented before the 13th General Election.

1. Clean the electoral roll

The electoral roll must be immediately revised and updated to ensure existing irregularities such as impersonation and ‘phantom voters’ are removed.
In the longer term, BERSIH 2.0 suggests for the establishment of an automated voter registration system which is based on the National Registration Department database.

2. Reform postal ballot

The current system of postal ballot needs to be reformed. Disenfranchisement of absent voters can be solved by extending the option to vote by postal ballot or in advance to ALL voters if absent from their constituency on polling day, regardless of whether they are in Malaysia or abroad. In addition, police, military and civil servants must vote normally like other voters if not on duty on polling day. To ensure transparency of the postal voting process, party agents must be allowed to monitor the entire process of postal or advanced voting.

3. Use of indelible ink

Indelible ink is a simple, inexpensive and effective solution to voter fraud used in other parts of the world to minimise voter fraud.

4. Minimum 21 days campaign period

Minimum 21 days campaign period would allow voters more time to gather information and deliberate on their choices.

5. Free and fair access to media

All media agencies, especially state-funded media agencies such as Radio and Television Malaysia (RTM) and Bernama, should allocate proportionate and objective coverage for all political parties. Public debates between candidates should be broadcasted.

6. Strengthen public institutions

The EC must perform its constitutional duty to act independently and impartially so as to enjoy public confidence. The EC must take independent and proactive measures to uphold the integrity of the electoral process and enforce the Election Offences Act 1954 as mandated by the Elections Act 1958. The EC’s repeated mention that they have no power to act is neither accurate in law nor does it inspire the confidence of the people in their ability to fulfil their constitutional role.

Apart from the EC, the public demand that the institutions of this country such as the Judiciary, Attorney-General, Royal Malaysian Police and Malaysian Anti-Corruption Agency (MACC) act independently, impartially and with integrity at all times in the execution of their duties and in accordance with the Federal Constitution.

7. Stop corruption

All forms of vote-buying during elections, including promises of financial allocations for development projects by Federal and State elected representatives holding administrative positions during the campaign period must stop. Stern action must be taken against those who commit any form of vote-buying.

8. Stop dirty politics

Malaysian citizens are tired of dirty politics that has been the main feature of the Malaysian political arena. All political parties and politicians must put an end to gutter politics. As citizens and voters, we are not interested in gutter politics; we are interested in policies that affect the nation.

Your Majesty,

On this day, Saturday, 9 July 2011, at Kuala Lumpur, BERSIH 2.0 together with thousands of Your Majesty’s subjects have united in a peaceful assembly in order to realise electoral reform, uphold democratic principles and claim the right for clean, free and fair elections for Malaysia.

Your Majesty’s subjects have experienced numerous obstacles and difficulties only because we wish to make elections in Malaysia the best in the world.

There are many amongst us who have been detained or made subject to legal action. Your Majesty’s subjects gathered on this day, humbly beseech Your Majesty that all those who have been detained because of their support for BERSIH 2.0 should be released and all legal action against them withdrawn.

BERSIH 2.0 together with thousands of Your Majesty’s subjects humbly beseech Your Majesty that the six leaders of Parti Sosialis Malaysia (PSM), including Member of Parliament Dr. Michael Jayakumar Devaraj, who has been detained under the Emergency (Public Order and Prevention of Crime) Ordinance 1969, be released immediately or charged in court.

Ampun Tuanku Beribu-ribu Ampun,

Sekian sahaja kami patik-patik sembah maklum, diiringi dengan salam takzim jua adanya. Amin Ya-Rabbal-Alamin dan Jazakallahu Khairan Kathira.

Mohon di ampun,

Wassalamu`alaikum warahmatullahi wabarakatuh.

Bersih Steering Committee, representing your majesty's subjects:
1. Dato’ Ambiga Sreenevasan (Chairperson)
2. Andrew Khoo
3. Arul Prakkash
4. Arumugam K.
5. Dr Farouk Musa
6. Haris Ibrahim
7. Liau Kok Fah
8. Maria Chin Abdullah
9. Richard Y W Yeoh
10. Dr Subramaniam Pillay
11. Dato’ Dr Toh Kin Woon
12. Dr Wong Chin Huat
13. Dato’ Yeo Yang Poh
14. Zaid Kamaruddin

Doctors and surgeons confirm - hospital was sprayed and tear gassed

It looks like the more the Najib administration tries to wriggle out of the Tung Shin Hospital fiasco, the worse it becomes.

The fact MCA president Chua Soi Lek and his deputy Liow Tiong Lai are leading the BN's defense that the iconic hospital was not hit by tear gas and chemical-laced water has made citizens even more upset as neither leader holds much traction in the credibility stakes with the public.

A group of 11 doctors and surgeons attached to the hospital have issued a damning statement, exposing the web of lies spun by the two MCA leaders, the hospital board and the police in an apparent bid to escape further censure from the public and the international bodies for violating world convention that hospitals are off-limits even during war.

"What was most frightening and witnessed by many was the unprovoked violent assault within the hospital compounds and apprehension of several protesters who had merely ran into the hospitals to seek shelter from the tear gas and the water cannons!" the doctors said in the joint statement out on Wednesday.

The group of 11 were on duty on July 9 when the police fired the toxic material into the Tung Shin compound to flush out supporters of the Bersih 2.0 rally, who had been forced to hide by over-aggressive FRU troops swinging batons in a bid to break up the crowd.

The Tung Shin doctors also condemned the police for entering the hospital buildings in search of the fleeing marchers. On that day, more 1,600 were arrested, thousands injured and one death was reported.

"It is repulsive that the authorities entrusted with policing the nation and protecting the weak and needy, have shamelessly denied publicly, the occurrence of these incidents in spite of countless photos, videos and eye-witness accounts of what was evident to all independent observers," said the doctors.

The 11 doctors were Musa Nordin, Sheikh Johari Bux, Ng Kwee Boon, Ng Swee Choon, Ronald Macoy, David Quek, Mary Cardozo, Farouk Musa, Mazeni Alwi, Pixie Low and Steve Wong. They offered to sign affidavits to back their testimony.

The Bar Council had on Tuesday also issued a report by its Monitoring Team confirming that the police had indeed broken the rules, offering a video that showed police firing a huge spray of chemicalised water from their canons into the Tung Shin grounds.

Can't stand the lies anymore

Prime Minister Najib Razak has been roundly condemned including by the UN human rights office for using "excessive" force to suppress a peaceful citizens march for free and fair elections. However, he has defended the police and his government is adopting an 'admit no fault, brook no criticism' policy.

"When something as important as a hospital has been breached and in full sight of hundreds of people, to try and ram it down the public's throat that the police didn't do it is to really ask for it. Why - just because the authorities say so and everyone must accept it, is that it? So this is what is wrong and the success of Bersih is a manifestation of the people's frustration. It is also why the doctors broke their silence. They also can't stand the lies anymore," PKR vice president Chua Jui Meng told Malaysia Chronicle.

"Liow did the worst possible thing when he refused to accept the visual evidence and kept referring to the board's report. As a minister, he must show better wisdom than that. If the board's report had said the sky is green, would he also insist that is the fact. Why didn't he call for an independent probe, why did the board issue such a report if it wasn't trying to please someone? These are some of the questions for Chua Soi Lek and Liow Tiong Lai to answer."

Still not telling the truth

Indeed both Soi Lek and Liow made a second attempt to convince the public that police were innocent after Liow's botched attempt on Monday to defend the police, for which he was told to his face by his opposition peers that he was a "liar".

On Tuesday, supported by the scandal-tainted Soi Lek, both men again defended the police action and passed the buck to the Tung Shin board, which has been accused of obliging the MCA leaders. Soi Lek also blamed 'camera angle' for the ruckus.'

"Picture may not convey the total picture depending on the angle the picture was shot. If the tear gas had been fired to the car park and not to the proper administration building, then if you shoot from one angle, it looks like it is shot into the building," Soi Lek told the press conference.

"I'm not there to prove it was not shot into the building, I am not there to say the reports are not true. But Liow and I hold to the report given to us by the hospital administrator. And the board is made up of very respectable and well-to-do persons whom I do not think are interested to get into this war."

I was there - Lt Col (R) Aw Yong Tian Teck

Bersih 2.0 “bersih”ed me!

As I headed for the LRT station to enter the city on the morning of July 9, I was both fearful and determined — fearful that a “May 13” type violence would erupt, and afraid of being arrested. Yet, I was determined to break this shroud of fear that had gained intensity over the last two weeks from reading the newspapers, watching television and listening to coffeeshop talk.

I nervously joined a predominantly Malay group outside the KTM building. From those whom I glanced at a bit longer, I received courteous smiles. I soon started to join them in shouting “Hidup Rakyat” or “Hidup Bersih” and punching the air as we strolled along. When they shouted calling upon “Allah”, I suddenly became conscious of the present controversy concerning the use of the word by non-Muslims, reducing my voice to a murmur.

As we approached Dataran Merdeka, our path was blocked by the police. We were told to sit down on the road, women and children included. Someone started singing, “Negara ku…” then we all joined in.

Despite my 27 years’ service in the nation’s Armed Forces, I never felt so close to Malaysia, my country as at that moment… then the dreadful bell on the top of the FRU vehicle rang, followed by what sounded like gun shots. They were firing tear gas into the crowd!

Completely unprepared and shocked, I was overcome by the painful and nauseating gas. We scrambled and I managed to move to a corner. A Malay man handed me bits of salt and others shared their water with me. The group retreated towards Dayabumi, and as I joined them, visibly shaken, I was frequently asked, “Uncle OK?” by smiling young Malay lads.

Our march through the Chinatown area was another eye opener. As we passed a Chinese eating shop, the crowd which by then included a number of non-Malays, waved invitingly to the customers asking them to, “Mari sama-sama!” At an Indian stall by the roadside, they crowded to buy water; a far cry from the violent, rioting mob that we were told to expect!

The way to Merdeka Stadium was blocked. As the now enlarged crowd retreated through the Chinatown area, we were again attacked by the FRU with tear gas. We scrambled and finally ended up in front of Puduraya, joining a much larger crowd with more non-Malays present. Once again, the police fired tear gas and shot their water cannon at the crowd.

The crowd then regrouped and headed towards KLCC. It was nearly an hour before the police finally came and did their “thing” again. By then, the “order” to “bersurai” was passed around; the rakyat had done their job!

In all, I spent about five hours marching with a largely predominantly Malay crowd. I was soaked and tear-gassed, but in the end I felt liberated, happy and grateful to God! Never have I seen the Malays so passionate about their cause, yet so gentle and mild-mannered under such trying conditions.

They were nowhere like the racially-incited, hate-ridden, property destroying “kumpulan jahat” that we were told to expect — definitely not in the crowd that I had the privilege to walk with that day!

The non-Malays who were there must be commended equally for their belief and conviction, and for their faith in a mature Malaysian society. The policemen whom I spoke to were surprisingly good-natured in spite of the long hours they had been on duty, some expressing concern for my safety. The order to fire tear gas at fellow Malaysians came from the top
.

I was there - Celine Yong

I was afraid, therefore I walked — Celine Yong

I almost didn’t make it. But I went.

The week leading up to the Bersih 2.0 rally on July 9th, I was like most of my friends; poked fun at the BN government’s decision to ban yellow outfits and Bersih T-shirts on my Facebook, changed my profile picture to a bright yellow Sponge Bob, showing my support to Bersih online. But it was all talk only.

Although I was angry with the highhandedness of the government in handling the Bersih rally, I never really thought about going. Didn’t go the last Bersih rally either. Not that I was afraid (the May 13th thing doesn’t scare me a bit, it only infuriates me), or didn’t agree with the principle of the Bersih rally (especially after what had happened in the Sarawak election, I am all for the Bersih principles), I just thought there would be enough people going; the NGOs, the activists, the politicians.

After all, I am but just one person.

Although a political science graduate myself, I was never an activist. For the most part I am a tax-paying, law-abiding citizen (I don’t even offer bribes to the police officer for traffic offences). Besides, I had to do my laundry, my grocery, spend quality time with my four-year-old boy, and I wouldn’t want to get caught in the traffic jam which is the last thing you want on a weekend.

But on the Wednesday before the rally, as a result of excessive roadblocks by the very paranoid police and the administration, I ended up sitting in a massive jam cursing the government and then I thought about Ibrahim Ali’s racist threat and remarks, and all of a sudden, I also became very upset with the fact that I was denied the right to wear yellow even though the only yellow item I have in my entire wardrobe is a tiny yellow belt.

By then, I was seriously thinking about making my way through the traffic to join the rally on July 9th.

On Friday, just a day before the rally, I realised I did not have to worry about getting caught in the traffic because all roads leading to Merdeka Stadium would be blocked. So instead of risk getting caught in a jam, it was worse, no access to town. I had to figure a way to get to town. So, once again, I was back to contemplating, to go or not to go, because I really don’t know how to get to town without a car or a taxi which is the only means of public transportation that I am familiar with.

The whole night I was mad and frustrated, how can the government stop me or any Malaysian from moving freely within our own country? How can they stop me from wearing yellow? How can they let Ibrahim Ali go free with all the threats? And the arrests, so uncalled for. And then I became worried, I worried about an aborted rally because no one could make it to town.

If not enough of people are going, who is going to speak up for me? That was the moment I knew I had to go, I had to help make up for the number however little my presence may represent, I had to speak up for myself and my family. I had to help build a bigger voice demanding a clean election, so that my voice can be heard through my vote for years to come.

So it was the fear that got me going. I walked not because of my little yellow belt, not because of Ibrahim Ali (well, a little bit), I walked because I feared that the intimidation from the government would silence the very people I relied upon to speak up for me. The fear of not being heard pushed me to the rally, even if it was just me walking alone in town.

On July 9th, I went despite not knowing how to get there. What they say is true, where there is a will there is a way. Somehow I managed my way to Tung Shin and what a relief when I saw so many people of different gender, religion, ethnicity, age were at the rally. All my fears were gone, and whatever happened on that day only made me a stronger person.

To the people who instill fear in me, thank you, thank you for releasing all the courage that I never knew I had. I am now fearless because of you.

If this is not brutality, then what is?

Taking a leaf from the Judgment at Nuremberg, "just following orders, don't fly".

The police may say they were merely following orders. Most importantly, the Nuremberg Principles drafted by America and its Allies firmly established that for all nations, whether they became signatories to the Principles or no, there is no excusing of war crimes or crimes against humanity by claims of 'just following orders,' or by virtue of being a government official, or by claims of not knowing that their conduct was a war crime, or of not being capable of stopping such crimes. No such excuses are allowed under international law.

I do hope such principles can also be applied during peace time demonstrations against governments who continuously flout the ethics of good governance. The demonstrators were not terrorists bearing arms to overthrow a government. They just want to march to the Merdeka Stadium. Why couldn't the police allow them that grace? Just following orders? The way the police behaved as though they were on a war footing.

The BAR Council report: Tung Shin Hospital was hit

Even with Health Minister Liow Tiong Lai vehemently denying that the police had fired tear gas and chemical-laced water into Tung Shin Hospital during last Saturday's rally, the Bar Council monitoring team is backing the many witness accounts that this did happen.

Presenting the observation report compiled from some 100 observers deployed during the rally, Bar Council president Lim Chee Wee said police had used indiscriminate and excessive tear gas and water cannons against peaceful protesters.

Water from the cannons fired by the police, Lim told a press conference at Bar Council office in Kuala Lumpur today, went into the compound of Tung Shin Hospital, and according to eyewitness accounts, tear gas canisters also landed in the compound.

"Although we don't have any footage from our monitoring team, accounts from our eyewitnesses say 'yes, tear gas was launched and canisters did land in the Tung Shin premises'."

Lim also screened footage taken by an observer, showing the hospital being hit by water cannons during the rally

According to the report, the participants were hit by water cannons while the rally organisers were negotiating with the police.

"Some monitors noted that the police did give warnings prior to using the tear gas and water cannons. However, it was difficult for the huge crowd to hear what the police commandants said via their loud hailers, except for participants who were situated near the police," the report says.

Elaborating on the Bar Council report, Lim said the use of tear gas and water cannons was "wholly unnecessary" in many locations when the crowd was stationary and showed no indication that they would charge the police or create any havoc.

No warning, not enough time to disperse

He also said that police either did not give any warning or sufficient time for the crowd to disperse before unleashing tear gas and the water cannons, resulting in chaos and injuries.

"What we found was that throughout Kuala Lumpur, there had been a mismanagement by the police in terms of crowd control."

Another footage screened during the press conference showed police, without any provocation, firing tear gas at a group of protesters holding their position in front of the Agro Bank on Leboh Pasar Besar.

Lim then cited the example of the crowd behind Dayabumi, where tear gas was fired at them from both ends.

"The crowd was actually squeezed in on both ends by the launching of the tear gas. When you launch tear gas, it is with the aim of dispersing a crowd. You do not launch tear gas at both ends, without any exit routes for the crowd. This also happened in the Puduraya area."

He noted that the tear gas was fired towards the crowdat the human height level, instead of being fired up in the air, which is the universal standard.

Apart from the use of tear gas and water cannons, Lim also condemned the random and arbitrary arrests by police during the rally.

"We ourselves, the office-bearers, saw with our own eyes, as the crowd was dispersing, the FRU moving forward into the crowd with plainclothes policemen behind them, who then ran out and started arresting people at random. There was no need for this, as the people were already dispersing."

Lim urged the police to adopt the recommendations made by the Human Rights Commission of Malaysia (Suhakam) on engagement with the leaders of a demonstration to find out the intention of the group and to give sufficient time for them to disperse before resorting to the use of non-lethal weapons.

Nevertheless, he said, an exemplary model had been shown by the police on Jalan Hang Jebat, where the crowd was allowed to gather and listen to short speeches from their leaders just beyond the barricades after the organisers, including PKR's Chua Jui Meng, negotiated with the police.

"There was no use of tear gas or water cannons, nor was there any arbitrary arrest after or during the dispersal of the crowd. That is how crowd control should have been done throughout Kuala Lumpur."

He reminded the government that Suhakam had conducted at least two inquiries into public rallies and had come out with various recommendations to the government.

"We cannot understand why the government has not taken heed of the recommendations and suggestions of Suhakam," he added.

Malaysians mature and peace-loving

On the participants of rally, the report states that they generally behaved in a peaceful and calm manner, except for a few untoward incidents at Jalan Hang Jebat:

• One protester threw a bottle of water at a news reporter while he was up on the stairs leading to a basketball court hall, reporting live, but the reporter managed to evade it. Some of the crowd showed their middle fingers at the police and chanted "menyebuk" (troublemakers);

• At one point, the crowd booed the TV3 crew inside the building. As they chanted "penipu" (liars), some threw a few plastic bottles at the cameraman. None hit. Rally marshals told crowd to keep walking. No uniformed police personnel were present.

The report concluded that the rally had demonstrated that the people of Malaysia are mature and peace-loving when championing a cause they believe in.

"Most importantly, we witnessed that people from a wide variety of backgrounds across Malaysia participated in this rally, without any conflict.

"This is contrary to the fear of possible racial disharmony or riots expressed by certain irresponsible public figures," the report says.

Added Lim: "On that day, a lot of members of our monitoring team saw friends and acquaintances who are not aligned to any political party, whom they would categorise as very conservative people, but they were out there in the streets that Saturday because they are outraged by the way in which the government mismanaged this entire situation."

The Bar Council full observation report on the Bersih 2.0 rally can be accessed here.

[Source: Mkini]

Ambiga thanks one and all