Electoral reform crucial for Malaysian reform

The Dewan Negara is a left-over artefact from the 19^th century, and symbolises feudalism. It doesn't functionally review government and maintain states' rights – as it is nominally supposed to do. Its functions have been thrashed by past and current governments and converted to a appointed body with members who often use this pathway to become unelected ministers of government.

The disrespect is which this house is held by the government today is indicated by the fact that 17 seats remain unappointed and therefore unoccupied. This makes it a mockery. The Dewan Negara should not be a convenience for the government of the day, but a working piece of the Malaysian democratic system.

A special committee to look into electoral reform chaired by former Election Commission Chairman Abdul Rashid Abdul Rahman was set up last August, not under the parliament but under the Prime Minister's Department. The Electoral Reform Committee (ERC) has held a number of roundtable discussions with stakeholders and international experts and recently signed an agreement with the United Nations Development Program (UNDP) for assistance with electoral reform.

However with no specific timeframe and an ad hoc style investigation taking place, it remains to be seen whether this committee will just be a talkfest and junket, or will make serious recommendations in regards to the overhaul of the electoral system.

Under Article 46 of the Malaysian constitution, parliamentary constituencies can only be reviewed in 2023 and 2026. This means there can be no reforms implemented until after the next federal and state elections. To hasten the process would require an amendment to the constitution, which requires a two-thirds majority in the parliament. Pakatan alone doesn't command a two-thirds majority and judging by its defeat over the Sabah and Sarawak constitutional amendments, it's highly unlikely there will be any bipartisan approach to electoral reform.

Any change to the Dewan Negara will also require constitutional amendments. Any attempt to make amendments would most probably lead to charges by the opposition that the government is trying to undermine royalty, as under the current constitution the Agong, on the advice of the Prime Minister, appoints the majority of members sitting in the house.

There are a few additional electoral reform matters which can be changed without committees and constitutional changes. De-synchronising the federal and state elections would bring state issues into elections. This could easily be achieved through dissolving the respective houses at different times. Local elections are important for participatory democracy. However proposals for these reforms, put forward by the Pakatan coalition since 2008, have only led to lengthy procrastination.

Gender bias in each political party could be tackled at the party level, although there appears little determination to solve this problem. The balance of power between the federal and state governments needs to be re-balanced towards the states. This could be partly achieved by the political parties allowing their local memberships to select their own state candidates.

However the bottom line on electoral reform is that it is not in the real interests of Mahahir's Parti Pribumi Bersatu Malaysia. The current skew in constituencies toward the Malay heartlands favors Bersatu. Any reforms toward 'one vote one value' would greatly strengthen the urban parties, the Malay moderate Parti Keadilan Rakyat, and the Chinese-dominated Democratic Action Party at the expense of Bersatu.

So expect the current government to sit on electoral reform – until a leader comes from another party.

A system that reflects 'one vote one value' is badly needed if the country is to continue to develop economically. Landslide election victories under the 'first past the post' system have resulted in arrogant, kleptocratic governments in the past. The current system is keeping the NEP in place using Malay nationalist and exclusion dialogues propagated by ideologues. This is coming to a tipping point. It is starting to terrorize non-Muslims.

The government needs to send a strong statement opposing the institutionalised state feudalism by democratizing the upper house and bringing a stronger state's voice into the democratic federal system. The current electoral system shackles Malaysia in more ways than one.