BERSIH 2.0 wishes to dispel rumours by confirming that the one-month boycott we called for on 6 May 2013 is presently in respect for the following four publications:

1. Utusan Malaysia
2. Berita Harian
3. The Star
4. New Straits Times

However, so that newspaper vendors do not suffer as a result of the boycott, we urge the public to replace their usual purchase of the above publications to another publication. We strongly encourage those who can afford it to switch to a more expensive publication, or purchase two publications.

Salam BERSIH!

Steering Committee
Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0)

The Steering Committee of BERSIH 2.0 comprises:
Dato’ Ambiga Sreenevasan (Co-Chairperson), Datuk A. Samad Said (Co-Chairperson), Ahmad Shukri Abdul Razab, Andrew Ambrose, Andrew Khoo, Anne Lasimbang, Arul Prakkash, Arumugam K., Awang Abdillah, Dr Farouk Musa, Liau Kok Fah, Maria Chin Abdullah, Matthew Vincent, Niloh Ason, Richard Y W Yeoh, Dr Subramaniam Pillay, Dato’ Dr Toh Kin Woon, Dr Wong Chin Huat, Dato’ Yeo Yang Poh and Zaid Kamaruddin.

6th May, 2013

PEMANTAU PRELIMINARY OBSERVATION REPORT ON GE13

The 13th General Elections was marred with violations of the election laws, code of conduct and endless political violence from the beginning to the end. This non-exhaustive preliminary observation report on GE13 serves as the summary of the major violations over the last 15 days leading to Barisan Nasional’s victory on 6th May 2013.

Electoral roll irregularities

The integrity of the electoral roll was a far cry from being qualified for gazetting. The roll was plagued with serious irregularities ranging from de-registration, false registration, transfer of constituents without the voter’s knowledge, containing names of deceased persons and allows a sytematic manifestation of phantom voters with multiple identities.

Nomination

The nomination day on 20th April 2013 saw breaches of the election laws and code of conducts namely treating, bribing and vote buying by Barisan Nasional. Preferential application of nomination procedures was observed when the Election Commission allowed a Barisan Nasional candidate to submit nomination form in absentia while a Pakatan Rakyat candidate was not allowed to do the same.

Campaign period

Clear violations of the Election Offences Act 1954 were reported by PEMANTAU observers throughout Malaysia. Treating, bribery, statements amounting to undue influence, money distribution and vote buying were rampant by Barisan Nasional. Party booths set up by Barisan Nasional on campaign sites were mostly aimed to woo voters by offering lucky draws with monetary rewards, cash vouchers, distribution of goodies and direct distribution of monies to voters.

Speeches hinges on racial and religion sentiments were often delivered to voters and members of the public. In one particular instance, former Prime Minister Tun Mahathir had labelled Gelang Patah candidate, Lim Kit Siang as racist who had ‘poisoned’ the minds of the Chinese which ultimately led to the racial riots in 1969. Malicious materials were often used against opposition leaders namely the recent emergence of alleged sex tapes and the highly questionable Baitullah swearing video. PEMANTAU deplores the tactics of character assassination and gutter politics practiced by the Barisan Nasional.

Terrorist like attacks which were aimed to cause unrest and riot were reported in several campaign sites. Most notable was the explosion in Nibong Tebal on 23^rd April 2013 which had caused injuries to a man. Molotov cocktails were also used to commit arson to the resident of Sri Andalas State Seat candidate Dr Xavier Jayakumar on 25th April 2013.

Code of Conduct of Caretaker Government

A total disregard to the basic code of conduct can be seen from Najib Razak. He had attempted to woo the support of voters by campaigning on past neglected basic necessities particularly on education. Najib had made announcements of approved and/or due approval projects to the voters and he had announced that his government had approved the construction of a third campus of Foon Yew Independent High School in Johor and that his government had agreed to elevate the status of Han Chiang College to a University College, all of which would become reality should his appeal for a fresh mandate is answered.

Polling day

The Election Commission had failed, refused and neglected to address the demands and concerns raised by PEMANTAU and BERSIH2.0 in relation to the mobilisation of large number of non-citizens and/or East Malaysians by chartered flights provided by MAS, Air Asia and Malindo Airways. Instead of preventive actions, the Chairman of Election Commission saw it fit to put up a bare denial to the allegation. This flew in the face of legitimate concerns to the sovereignty of the country, the sanctity of the citizens’ votes, not to mention the integrity and reliability of the Election Commission.

Indelible ink

The secret of the illusive indelible ink was clear to all and sundry on polling day. The supposed 7-day indelible ink was easily removed using only soap and water immediately after it was applied. Inevitably, one wonders if it is capable of creating opportunities for multiple voting. More serious however was the indelible ink used for early voting also reflects the same issue whereby it did not even last until polling day. Several police reports were made with regards to the longevity of the indelible ink and it was reported that a military personnel, Major Zaidi was demoted for making a report about the ineffectiveness of the indelible ink. PEMANTAU observers had reported of phantom voters being stopped en route to vote at a second polling station and more shocking was that one phantom voter was seen with indelible ink marked on both his index fingers.

Harassment of PEMANTAU observers

Harassment of PEMANTAU observers was reported. A total of seven PEMANTAU observers were arrested and many more were forcefully chased out of polling centres by Barisan Nasional’s angry mobs. Five observers were arrested in Kuala Lumpur and another two were arrested at Melaka.
The suspicious circumstances at polling day had led PEMANTAU to lose the trust and confidence to the poor demonstration of professionalism and integrity of the Election Commission – the sole body to monitor and facilitate the GE13 – the police for its lackadaisical approach to account for political violence – the Immigration Department and other complicit institutions lending a hand to rob Malaysians a free and fair election.

PEMANTAU hereby denounces the serious electoral fraud observed from this GE13 and challenges the Election Commission, the police and the Immigration Department to provide an immediate and credible explanation to all allegations levelled against them without the fear of retribution from their political masters.
Until and unless such explanation is given, PEMANTAU will hold the abovenamed institutions liable and responsible for the blatant disregard to the fundamentals of a free and fair election.

PEMANTAU Pilihan Raya Rakyat comprises of:
Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0);
Malaysians for Free and Fair Elections (MAFREL); and
Pusat KOMAS.

For further enquiries, please contact the BERSIH 2.0 secretariat at 03-77723275 or 019-4380428.

INITIAL OBSERVATION REPORT

5 MAY 2013

PEMANTAU preliminary observation showed a number of major issues. These include the indelible ink, phantom voters, ballot papers, and unlawful arrest of PEMANTAU observers. However, there is improvement in the conduct of the election, especially in the reduction of pondok panas and campaigning during voting period.

Some of the worrying issues are as follows:

Indelible ink can be washed out

BERSIH 2.0’s contention on the indelible ink was proven to be true as can be seen in the reports received from our observers. With only soap and water, the so-called 7-day indelible ink can almost be immediately removed moments after polling.

Phantom voters

The fear of phantom voters is real. In Lembah Pantai, PEMANTAU observed vehicles ferrying phantom voters and suspiciously entering polling centres. They also reported non-citizens wearing police jackets while travelling in police van to polling centres. In other areas, some registered voters were denied their votes as they found others have voted on their behalf.

Irregularities in ballot papers

Irregularities were found in ballot papers. These irregularities include stained ballot papers, SPR officers found recording ballot papers’ serial numbers and unstamped ballot papers. For example, SPR at Kampung Tawas distributed unstamped ballot papers to voters from 8:00AM to 11:00AM. PEMANTAU reported that EC officals rejected requests from voters for the issuance of new ballot papers because there were marks on the paper. We have even received reports of voters/observers who were forced to cast their votes on stained ballot papers.

Arrest of 7 PEMANTAU observers

At 3:45PM, two PEMANTAU observers were arrested at SRJKC Bukit Beruang, Ayer Keroh and were brought to IPK Melaka for questioning. At 4:30PM, another five PEMANTAU observers were arrested at SRJKC Nan Yek Lee Rubber, Wangsa Maju and were investigated under S341 of Penal Code and were refused access to lawyers under S28A of Criminal Procedure Code. They are still at Taman Setapak Police Station. PEMANTAU observers were also forcefully chased out of polling centres in Pekan, Temerloh and Danau Kota by mobs believed to be from Barisan Nasional.

It is shocking that the Election Commission, in today’s NTV7 press presentation, did not respond to any of the public complaints. They too have to answer to the irregularities in the conduct of the election and harassment of PEMANTAU observers.

PEMANTAU Pilihan Raya Rakyat (PEMANTAU) comprises of:

Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0)
Malaysians for Free and Fair Elections (MAFREL)
Pusat KOMAS

For further enquiries, please contact the BERSIH 2.0 secretariat at 03-77723275 or 019-4380428.

Press Statement, 3 May 2013

Serious Breach As Caretaker Federal Government and Arrest Political Violence

With two days leading the GE13, BERSIH 2.0 is appalled and deeply concerned over the continued spate of political violence with intent of creating strong racial and religious sentiments and as well as other forms of violations of code of conduct especially “vote buying”. The most recent incident yesterday whereby a plastic bag filled with chicken head and blood thrown into the porch of PAS candidate Nasrudin Hassan’s house is highly unacceptable.

Similarly, there was another incident today whereby a box containing a chicken head was sent to BN State Chief for Penang Teng Chang Yeow. Both incidents contained threatening note addressed to the respective individuals.

There have been various reports of candidates being harassed or party events disrupted even with violence. One example was highlighted by a PEMANTAU observer in Kluang, where loud speakers were blasting loud music throughout the night next to a Pakatan Rakyat ceramah with the key purpose to disrupt the event. Intimidation and harrasment by supporters of the opposing party at several political events was also reported. In Kota Kinabalu, Sabah, SAPP president Yong Teck Lee was reported to have stormed a Pakatan Rakyat event with a group of supporters. It was also reported that a campaign vehicle belonging to Barisan Nasional have allegedly hit a motorcycle belonging to a PKR campaigner in Seberang Perai.

Media reports had highlighted that the police have identified several gangs supported by ‘VVIPS’ to cause trouble during election day is worrying and of deep concern. While we are happy that the police are taking the issue seriously, we hope the warning from the police will be translated into swift action.

BERSIH 2.0 had monitored a steady growth in participants fanning racial and religious sentiments at various ceramahs. In Shah Alam (1/5/2013), Dr Mahathir Mohamad was also reported to label DAP candidate for Gelang Patah Lim Kit Siang as a racist and accusing him of ‘poisoning’ the Chinese minds in his campaign by telling them that they are victims of discrimination by the Malay government. Such overt racial remark with absolutely no basis is uncalled for and reflects an unprofessional ethic by the participants of the upcoming general election

The guidelines to a caretaker governments role and responsibility has not been taken seriously at all by the Barisan Nasional. Leading the violations is caretaker Prime Minister Najib who has made one after another announcements related to budget allocations and policy decisions when he is now only a caretaker prime minister. This includes the upgrade of status for Han Chiang College to a University College, an allocation for a new campus for UiTM, the approval of branch campus for Ee Heng High School in Penang, the approval of one more school for Foon Yew Chinese school in Johor Bahru, the approval of additional school for Chung Hwa Chinese school in Kuching and the announcement of building 9999 low and medium cost housing in three areas in Penang recently.

Additionally, caretaker Chief Minister of Terengganu also announced the award of Bukit Besi iron ore mining concessionaire of 230 hectares to Perwaja Holdings Bhd. Campaign posters show “Vote for Prime Minister Najib “ is also a violation of the guidelines as he is no longer a Prime Minister but a caretaker Prime Minister. He is leader of the BN and this campaign banner gives a false perception of his leadership.

BERSIH 2.0 questions how such major decisions were made in the light of the dissolution of parliament since April 3 2013. We also question how basic needs and rights of the people such as education which is the social responsible of every government can be manipulated in light of the upcoming elections. The caretaker government has no right to give out direct allocations or cash promises as it constitutes vote buying. The campaign should focus very much on the manifesto and policies that will bring about a better quality of life for the rakyat and move the nation to a more mature democracy where freedoms and rights are respected and upheld.

In view of the continued disregard of the code of conduct on caretaker government of BERSIH 2.0 and the repeated violations of this code of conduct by the caretaker Prime Minsiter Datuk Seri Najib Razak, we decided to place him in the blacklist on the breach of code of conduct of caretaker government.

We are also extremely concerned with the revelation by the leader of Pakatan Rakyat that the caretaker prime minister is allegedly implicated by virtue of being the head of the Prime Minister Office has been allegedly involved in the moving of large number of foreign workers or Malaysians from Sabah and Sarawak via chartered flights by Malaysian Airlines and Air Asia. If this is true, this would not only undermine the sovereignty of the country and the integrity of the election process, this is also the most blatant abuse of power and the machinery of caretaker government and the code of conduct on caretaker government, in particularly the Prime Minister’s Office. We demand a public explanation from the caretaker Prime Minister with evidence that will prove the emails from the two airlines companies implicating the Prime Minister Office is not true. A simple denial and silence would not be enough to restore public confidence on the caretaker government.

The two weeks of monitoring has revealed that in this elections, various incidences and forms of political violence has taken place which could have been avoided if the elections were managed better with low or no threats and intimidation from opposing parties both to candidates and voters. Fear is NOT a tool or means to gain votes in a democratic process. BERSIH 2.0 call upon the police to step up their efforts in a professional manner to ensure the safety and security of all voters, candidates and persons involved in the elections. .

BERSIH 2.0 continues to affirm its commitment to clean and fair elections and we urge voters to come out and vote on polling day without fear. We call on them to reject dirty politics and political violence.

Thank you.

Special Committee on Code of Conduct

On behalf of the Steering Committee of the Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0)

The Special Committee comprises:

Irene Fernandez (co-chair), Zaid Kamaruddin (co-chair), Yap Swee Seng, Jerald Joseph, Liza Bong, Anne Lasimbang, and Dr Farouk Musa.

Incidents Observed Since 1 May 2013

Political Violence

25 April - It was reported that a man was kicked in the waist while putting up political banners in Kunak, Sabah.

27 April – Three vehicles were damaged and a party worker was injured during a commotion in front of Semporna PAS operation centre at Sabah.

27 April – PAS candidate Iskandar Samad has lodged a police report after receiving a complaint from one of the residents in his area (Ampang) that he received a CD containing sex scene which was allegedly meant to smear an opposition leader.

28 April – It was reported that PSM candidate Dr Nasir’s operation centre was allegedly disturbed by a group of PAS supporters in Kota Damansara.

30 April - It was reported that a firecracker was thrown into a campaign operation center of BN in Jelapang by four unknown persons in the early morning. No one was injured.

1 May – MCA President Dr Chua Soi Lek has reported that he was intimidated by rival supporters during his walkabouts. Youth on motorcylces were shouting when he was on his rounds. He also gave our RM320,000 to 12 temples and 12 NGOs and one Tamil school during the event.

1 May - 300 flags belonged to Pakatan Rakyat together with the van that kept the flags were set on fire and burnt by two unknown motorcyclists in Bukit Mertajam.

1 May - It was reported that an UMNO election campaign car may have hit a motorcycle that followed the motorcycles tour of Parti Keadilan Rakyat youth but did not stop over to check the incident in Seberang Perai. The motorcyclists then chased the four wheel drive until to the resident of the UMNO candidate for Seberang Jaya. It was reported that the driver of the UMNO campaign car thrown a hoe and injured the leader of motorcyclists.

1 May - Two BN campaign workers were reportedly injured while putting up campaign flags by a group of about 200 people that came in motorcycles, cars and lorries in Bukit Mertajam. Most of them were reportedly wearing masks although their vehicles were decorated with flags of Pakatan Rakyat.

1 May - The chairman of IKHLAS for Kedah was reportedly threatened with physical violence by a man in One Malaysia shirt with BN logo in Alor Setar.

2 May – It was reported that a plastic bag filled with blood and a chicken head was thrown into the porch of the accommodation of PAS candidate for Temerloh Nasrudin Hassan. A threatening note which read ‘Take this pig’s blood’ was also found in the bag.

2 May – A group of 18 opposotion supporters were reportedly aggressive and attack a Barisan Nasional candidate’s vehicle in Butterworth.

2 May – It was reported by Supt Koh Ah Tiam in Terengganu that two party supporters were injured after being attacked by another party supporters.

2 May – It was reported that an elections workers of Barisan Nasional was seriously injured after being attacked in a tent at Taman Halia, Lunas, Kulim.

2 May – It was reported that a group of protesters in Gelang Patah attempted to confront Hindraf leader P Waythamoorthy last night during a campaign for BN.

2 May – It was reported that 20 PAS supported stormed PSM’s ceramah in Kota Damansara and demanded their leader to denounce PSM candidate Dr Nasir Hashim.

2 May – BN State Chief for Penang Teng Chang Yeow received a box containing a dead chicken and a threatening note whih read ‘If you refuse to withdraw from the election, this is what you and your family will face’.

3 May – The police have detonated a bomb found at a DAP election campaign site in Jinjang Utara this morning.

Other violations with regards to the Code of Conduct for Participants of the 13^th General Election and Caretaker Government Guidelines

27 April – Caretaker Chief Minister of Sabah Datuk Seri Musa Aman gave out communal grants involving 25,896 acres of land to representatives 46 villages in Sook.

30 April - Caretaker chief minister of Terengganu Datuk Seri Ahmad Said announced in Kemaman the award of Bukit Besi iron ore mining concessionaire of 230 hectres to Perwaja Holdings Bhd.

30 April – Caretaker Prime Minister Datuk Seri Najib Razak announced that Han Chiang College will be upgraded to University College while Sekolah Menengah Jenis Kebangsaan (SMJK) (C) Heng Ee will have a new branch in Bayan Lepas. He also added that a further funding of RM1 million through Yayasan Rakyat 1Malaysia will be given to Han Chiang college should his mandate be renewed.

30 April – it was announced by caretaker Prime Minsiter Datuk Seri Najib Razak that the federal government has signed agreements through 1Malaysia Development Berhad in purchasing lands to build 9,999 new homes in Air Putih, Air Itam and Paya Terubong.

1 May – It was announced by caretaker Prime Minister Datuk Seri Najib Razak that Universiti Teknologi Mara (UiTM) will be given an additional allocation to build a new college.

1 May – It was reported that President of Suruhanjaya Pengangkutan Awam Darat (SPAD) Tan Sri Syed Hamid Albar gave our vouchers worth RM520 under TR1MA to 7,759 taxi drivers in Johor Bahru, Johor.

2 May – it was announced by caretaker Prime Minister Datuk Seri Najib Razak that financial assistance to SM Chong Hwa Kuantan will be tax exempted.

2 May – 262 people from several villages in Kota Marudu were given 4,707 acres of land through the issuance of Communal Titles.

2 May – It was reported that 1Malaysia vouchers valuing RM10 to RM50 were distributed at Farlim Pasar, Air Itam, Penang by workers wearing 1Malaysia t-shirts.

2 May – A police report was lodge by two Pakatan Rakyat supporters who was alledgely offered money to stop campaigning for DAP candidate S. Ramakrishnan.

For a previous list of violations, please refer to our previous statements on the BERSIH 2.0 website.

Press Statement: 3^rd May, 2013

GAZETTED ELECTORAL ROLL STILL PLAGUED WITH IRREGULARITIES

PEMANTAU is disappointed with the results of the documentation and monitoring performed on the electoral roll since it was gazetted by the Election Commission (EC).

PEMANTAU had received a total of 592 reports as of 2/5/2013. The statistics are as follow:-

The highest number irregularities reported are cases where voters were registered but their names were missing from the electoral roll. These registered voters consists of those who had registered but have never voted before and those who had voted in the past. A total number reports from those who have voted previously stood at 103 cases comprised of 17% and 230 reports@ 39% were reported by those who had never voted previously.

The highest number of reports were received from Johor with 115 cases@19% followed by Penang with 87 cases/15% and Wilayah Persekutuan with 80 cases/14% of the total reports received.

The overall highest number of complainants were aged between 20-29 years old at 211 cases@36% followed by 208 cases@35% reported by individuals aged between 30-39 years old. Female complainants led the male complainants by 44 reports at 318 cases@54% the total of reports received.

1. Registered as a voter but never voted before, now deregistered. 
   We received 230 reports@ 39%, as many have checked their voting status previously and were confirmed as registered voters. There was a case where the registered voter checked her status and found that it was still there in February but when she last checked on 29^th April, no record was found.

2. Registered and voted previously, now deregistered.
   There were 103 reports@ 17% such complaints received. Without a doubt, these are registered voters who have been deregistered without their knowledge.

   Ms. Fernandez from KL complained that she has been living in the same address and voted in all previous elections including the one in 2008. When she had checked her status in September 2012 it was still intact but it is now missing.

   Mr. Mak from Kuala Kangsar, who has voted before, reported that when he checked using his IC number in March 2013, found that the name of a Malay in Kem Tentera Sg Besi appeared. When he e-mailed SPR, they replied that no such record was found. When he checked again, no record of him being ever registered was found.

3. Never registered but now registered without their knowledge.
   We received 116 reports@ 20% of such cases from not just within Malaysia but from Malaysians living in many parts of the world.

   People like Puan Nor Aini who is a permanent resident in Saudi Arabia who has never registered nor voted found that she is registered to vote. She is very concern that someone else would be voting on her behalf and has consulted her lawyer about this matter. She is not alone, many complainants have been living overseas for many years and found themselves registered to vote.

   We know of one lady who has lived in Singapore for many years, found herself registered to vote as an early voter in P.152 Putrajaya. In order to prevent someone from voting on her behalf, very early in the morning of 30^th April when early voters were due to cast their ballots, she drove all the way to Putrajaya to cast her vote.

   Another interesting case was Ms. Chong from Segambut, KL who never registered but now is registered to vote in Kota Kinabalu, Sabah. What is going on here?

   A number of the cases where OKU or people with disabilities who were registered without their caretaker’s knowledge or consent. Is someone going to vote on their behalf?

4. Registered voters who were relocated to another voting constituency for GE13.
   We have 54 reports@ 9% such cases from around the country, with some sent to vote in another state which they have never lived in before.

   Mdm Maya wrote, “I am 81 years old and have lived at Bangsar Baru since 1973 and this is the registered address in MyKad, so why am I registered to vote in Segambut instead of Lembah Pantai!

   Ms. Teh of KL also complained that she has been relocated to Kota Kinabalu to vote for GE13.

   We met a Mr. Wong from Johor Bahru who went to the SPR office in JB to query why he has to go to Bukit Mertajam, Penang to vote when he has never even heard of the place before. He was told they is nothing they can do about it and that if he really wanted to vote, he could travel to Bukit Mertajam or wait until GE14 to vote after he has changed back his voting constituency in JB.

5. Various other problems with their voting status.
   We received complaints from 86 reports@ 15% people with different issues.

   A number of the complaints were that they received postcards with voting details from BN addressed to multiple people whom they don’t know, encouraging them to vote for BN.

   Complaints were also received from overseas postal voters who voted on 28^th April that their names are still in the SPR’s record as voters in Malaysia. Some are wondering if they should fly home to vote again so that no one else can vote on their behalf.

   One complainant from Johor Bahru thought she had registered and though her record could not be found, she has been receiving SMSes urging her to support BN Selangor.

   Other complaints included errors in registered name, gender and deceased family members still on electoral roll.

   In a remarkable case, a daughter of deceased mother who died in 1990 had reported that her mother’s name is still on the electoral roll. Strangely, records published her mother’s new MyKad number and it caused a major confusion. At the time of her mother’s death, the new MyKad policy had not even been tabled and implemented. More baffling was that who would have registered for the new MyKad on behalf of her deceased mother?

   Another deceased person’s name was discovered to appear on the electoral roll and is certified to be an eligible voter in P159 Pasir Gudang. He had passed away seven years ago.

   A deceased woman who passed away in 1981 had her name registered on the electoral roll. There was a voting card sent by Barisan Nasional to her residential address at Ladang Tanah Merah calling her to vote for Barisan Nasional’s candidates in Johor.

The Bersih 2.0 Steering Committee is very concern and like many of these who complained, outraged that the Election Commission has either, through utter incompetence or maliciousness, denied these Malaysians the right to vote through deregistration or through relocation of their voting constituencies across DUN , state, and even across the divide of East and Peninsular Malaysia.

We are also concern that phantom voters or impersonators will be voting for those who did not register themselves, those living overseas, OKU, and the deceased.

We fear that what we have uncovered in this last week is just the tip of the iceberg and that for GE13, tens of thousands of Malaysians will find out onMay the 5^th that they cannot vote or have to travel far away to cast their votes.

This is an outrageous situation and Malaysians will not stand for it. As if it is not treacherous enough that non-citizens are given the right to vote, as evidenced in the unconcluded Royal Commission of Inquiry in Sabah, and the many reports of Bangladeshis, Myanmarese, Nepalese, and Indonesians being given voting rights in the coming General Election, now we have this – WHERE MALAYSIANS ARE DENIED THEIR VOTING RIGHTS.

This is a betrayal of the highest order by the Election Commission and the Barisan Nasional government and we call on all Malaysians who can still vote to come out early and vote on the 5^th of May to minimize the impact of fraudulent votes.

We also urges all those who could not find their records online at SPR’s website to also turn up on Polling Day and proceed to vote until they are told they cannot. They should then lodge a complaint with the SPR with the help of one of the political party volunteers.

As Malaysians, we must not be denied our rights to choose our government and the destiny of our children.

PEMANTAU Pilihan Raya Rakyat comprises of:-

Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0);

Malaysians for Free and Fair Elections (MAFREL); and

Pusat KOMAS.

For further enquiries, please contact the BERSIH 2.0 secretariat at

03-77723275 or 019-4380428

Press Statement: 2nd May, 2013

VIOLATIONS STILL REPORTED 4 DAYS TO POLLING DAY

On the 13th day of observation, PEMANTAU continues to receive and is expected to receive more reports of violations of code of conduct, political violence and various other unprofessional conducts towards polling day.

PEMANTAU observers have experienced mild form of harassment and intimidation throughout the campaigning period. In a Barisan Nasional ceramah in P097 Rawang on 30/4/2013, PEMANTAU observers had complained of obstruction to their duties from Barisan Nasional supporters and speakers, mainly questioning their intent and motives.

Basic standards of professional ethics and election law were flouted rampantly and it would appear to suggest that such flagrant flouting of the codes and law are acceptable by candidates of both political divide. Treating, undue influence and character assassination were demonstrated by both Barisan Nasional and Pakatan Rakyat, however there were instances of bribing, racist statements and vote-buying by Barisan Nasional candidates. The most unacceptable scare tactic was demonstrated by Barisan Nasional, where the manipulation and threat to native customary rights of indigenous peoples were documented from the media in East Malaysia.

Speeches, often racist and amounting to ill-will and hostility were steadily reported by PEMANTAU. In Rawang, one speaker had made racist statements claiming that DAP, likened to a Chinese party, had chased out the Malays from Kuala Lumpur during May 13. The speaker had also expressed disgust to DAP and all its campaign materials, especially when Malays supporters were hoisting the DAP flag during the tumultuous period.

PEMANTAU noted that the failure to monitor and control supporters by parties in many instances whereby supporters had resorted to physical violence, including sexual assaults of two women as pointed out on previous occasion by BERSIH 2.0, and sabotaging opposing party/ies events. In P152 Kluang, PEMANTAU reported a group of men, allegedly from Barisan Nasional had mounted loud speakers from close proximity to the ceramah site and were blasting music and loud recordings throughout the night in an attempt to disrupt opposition’s ceramah. The most frequent and popular means of disruption was reported to be loud revving motorcycles in most ceramahs.

Through media monitoring, PEMANTAU documented several alarming incidents. For instance, caretaker Prime Minister Najib had made announcements of approved and/or due approval projects to the voters. In Johor, caretaker Prime Minister Najib announced that his government had approved the construction of a third campus of Foon Yew Independent High School in Johor.

In Penang, Najib attempted to woo voters by resorting to campaigning on basic necessities, particularly education. Najib had reportedly announced that his government had agreed to elevate the status of Han Chiang College to a University College. Najib went on to promise that a funding of RM1 million through Yayasan Rakyat 1Malaysia will be endowed to the institution, should his appeal for mandate is answered.

PEMANTAU hereby put serious questions as to the legality and consequences of Najib’s announcements to the voters. It is pertinent to note that at the time the statements were made, the caretaker government was not in the capacity and unqualified to approve and/or promise to approve any projects affecting the people’s interests and resources.

On this note, PEMANTAU hereby transmits a strong and clear message to all participants of GE13 to stop belittling and manipulating basic necessities of the people, which should rightly be provided in the first place regardless of GE13. PEMANTAU condemns the manipulation of basic necessities by candidates and their promises which by and large seems to be qualified and conditional upon votes.

PEMANTAU calls upon all participants of GE13 to adhere to the highest standard of ethics and professionalism as respectable future leaders. We call upon the voters to come forth on polling day to vote with their free will and not cower in fear of threats of instability and riots.

PEMANTAU Pilihan Raya Rakyat comprises of:-

Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0);

Malaysians for Free and Fair Elections (MAFREL); and

Pusat KOMAS.

For further enquiries, please contact the BERSIH 2.0 secretariat at

03-77723275 or 019-4380428

Press Statement, 1 May 2013

Native Customary Rights Are Not A Political Tool

BERSIH 2.0’s observation of East Malaysian sources found that candidates had threatened voters with the loss their native customary rights if Barisan Nasional does not acquire a new mandate in the upcoming general election.

On Saturday (27/4/2013), it was reported that caretaker Prime Minister Najib made a statement that voters will lose their dignity and self-worth if they were to vote for Sarawak Workers’ Party candidate, Larry Sng. He exhorted the Iban community to safeguard their dignity and self-respect by voting for Barisan Nasional.

Speeches that can be construed to promote ill-will and hostility continue unabated. Barisan Nasional candidate for Mambong, Datuk Seri Dar James Dawos, made an accusation that voting for Pakatan Rakyat will lead to the abolishment of the indigenous peoples’ special rights. He further said that BN shall be given the mandate to uphold and protect special rights related to immigration and National Customary Land.

In addition, BERSIH 2.0 observed several acts which may constitute as bribery under the Election Offences Act 1954. Caretaker Prime Minister Datuk Seri Najib Razak had indicated that by voting for the Barisan Nasional, the construction cost of about RM5 million for Chung Hwa Primary School No. 2 in Kuching will be resolved easily after the May 5 elections. He reportedly also announced that the people in Saratok will enjoy new water pipes at the cost of RM8.8 million should Barisan Nasional be voted in as the government of the day.

BERSIH 2.0 strongly condemns the belittling of basic rights of East Malaysians and the manipulation of basic necessities, which should rightly be fulfilled regardless of votes and the upcoming general election. This is a responsibility of the government and cannot be qualified by or is conditional upon votes.

Political violence, despite the maximum surveillance and security as claimed by the police, continue to take place. It was reported that two female students were sexually assaulted by Barisan Nasional supporters in Johor during a ground-breaking event launched by the caretaker Prime Minister. We urge the police to immediately investigate this incident and ensure the perpetrators are brought to justice. It is the responsibility of the police to ensure that all political events shall be free from any sort of violence and harassment.

We call upon all participants of the general election throughout the campaign period to adhere to the highest standard of ethical conduct. Political violence and breaches of the code of conduct must not mar the final days of the election campaign.

BERSIH 2.0 continues to affirm its commitment to clean and fair elections and we urge voters to come out and vote on polling day. We call on them to reject dirty politics and political violence.

Thank you.

Special Committee on Code of Conduct

On behalf of the Steering Committee of the Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0)

The Special Committee comprises:

Irene Fernandez (co-chair), Zaid Kamaruddin (co-chair), Yap Swee Seng, Jerald Joseph, Liza Bong, Anne Lasimbang, and Dr Farouk Musa.

Incidents Observed Since 27 April 2013

Political Violence

27 April – It was reported that a four wheel drive vehicle with DAP flags was seen to be making loud noises when caretaker Prime Minister Datuk Seri Najib Abdul Razak was meeting the people at Kampung Dato Road.

28 April - Three Barisan Nasional district election centres in Kg. Manggol, Kg. Gelam, and Kg. Machang were reported to have been torched over the past four days.

29 April – Two students from Southern University College were reported to be sexually molested by several BN supporters on stage during caretaker Prime Minister Najib Abdul Razak’s ground-breaking ceremony for the institution’s new campus.

29 April – A petrol bomb was thrown into a Barisan Nasional’s operation center in Jenjarum causing a small fire at the corner of the house. Nobody was injured.

29 April – It was reported that caretaker Deputy Chief Minister of Penang and Parti Keadilan Rakyat’s candidate for Bayan Baru, Dr. Mansor Othman received a Short Message Service (SMS) death threat on April 22.

30 April – It was reported that a politician was hit by a group of men in Bidor, Perak. The identity of the politician was not stated in the media report.

Code of Conduct

27 April – It was reported that caretaker Prime Minister Datuk Seri Najib Abdul Razak has said that the cost of RM5 million which Chung Hua Primary School No.2 still lacks for the construction of their new block can be renegotiated after the May 5 election. This occurred during the ground-breaking ceremony for the construction of the new block of the school.

27 April – Tan Sri Alfred Jabu Numpang, Deputy Chief Minister of Sarawak made announcement during a visit of caretaker Prime Minister Datuk Seri Najib Razak to the area that RM500 will be given to 5931 families to repair their long houses.

28 April– Caretaker Prime Minister Datuk Seri Najib Tun Razak has promised to build a new hospital and improve the roads in the Lubok Antu constituency should BN return to power after the May 5 election. He also added that he has directed and given approval for the timber companies to improve the roads in rural Sarawak as part of the ‘I promise’ (aku janji) manifesto.

28 April – Caretaker Prime Minister Datuk Seri Najib Tun Razak announced that water pipes in Saratok will be replaced with new ones with an estimated cost of RM8.8 million should BN return to power.

29 April – Caretaker Prime Minister Datuk Seri Najib Tun Razak announced that 1000 unit affordable housing will be built in Tanjung Piai when he visited the area to support the Barisan Nasional’s eletion campaign.

30 April – In Kupang, Kedah, caretaker Prime Minister Datuk Seri Najib Razak announced that a new specialist hospital will be built in the Sik district. He also added that a new mosque will be built in Baling.

30 April – Caretaker Prime Minister Datuk Seri Najib Razak announced that the government has approved Foon Yew high school to establish another branch for its campuses.

For a previous list of violations, please refer to our previous statements on the BERSIH 2.0 website.

Press Statement, 30 April 2013

Indelible Ink

PEMANTAU is deeply shocked that the indelible ink promised to Malaysians for GE13 was reported to be ineffective as an anti-fraud measure. We have received complaints from Parliamentary constituencies in Kelantan, Kuala Lumpur and Sarawak that advance voters were able to remove the “indelible” ink using hand sanitiser gel, alcohol swabs, petrol and even soap. Pictures have already begun circulating on social media networks.

It is outrageous that this should happen after so much expense, paid for by public funds, and official assurances of the efficacy of the indelible ink. The EC had earlier stated that the ink would stay on for seven days. In the pictures we have received, some of the ink can still be seen – however, the question is then: will it last until polling day? This incident cannot help but further fuel public fear of electoral fraud and calls into question the conduct of the EC.

PEMANTAU demands that the EC purchase new ink for the upcoming polling day and for the EC to hold a public demonstration on the usage of the ink. Despite the added expense, we need an indelible ink that works to prevent multiple voting. We also strongly call for an urgent investigation by the relevant authorities. However, we hope that the investigation will not target individuals reporting the removal of the ink, but rather the officials within the EC and government agencies who arranged for the purchase and use of this ink.

Finally, we call on every registered voter to come out and vote on 5^th May, to minimise the impact of any instances of cheating and fraud. Your vote is the final and best measure against electoral fraud. Every legitimate vote counts.

PEMANTAU Pilihan Raya Rakyat (PEMANTAU) comprises of:

Coalition for Clean and Fair Elections 2.0 (BERSIH 2.0)
Malaysians for Free and Fair Elections (MAFREL)
Pusat KOMAS

For further enquiries, please contact the BERSIH 2.0 secretariat at 03-77723275 or 019-4380428.

Complaints by the public can be channelled to: