[ANFREL] Asian Electoral Stakeholders Forum 5 – Memorandum (The Way Forward for Elections Beyond the Covid-19 Pandemic)

27 October 2021

Asian Electoral Stakeholders Forum 5 was hosted online this year on 20-21 October 2021. There were four panel discussions on (1) addressing electoral challenges and democratic backsliding in Asia, (2) success stories of holding elections during COVID-19, (3) promoting electoral reforms through cooperation between EMBs and CSOs, and (4) improving electoral integrity using technology and open data.

The memorandum – The Way Forward for Elections Beyond the Covid-19 Pandemic (click to view), was adopted by consensus at the end of the forum. It is hoped that this memo can guide election stakeholders, such as election management bodies, civil society organisations and observer groups, to strive to improve electoral processes in their respective countries in pursuit of genuine democracy.

The panel speakers’ presentation slides can be found in this Google Drive folder.

Recordings of the forum can be found on ANFREL’s Facebook page (Day 1 | Day 2).

Thank you.

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[Repost] ANFREL Monthly Brief on Countries Under Restrictive Management – Series #3

6 July 2021

Bangladesh, Cambodia, Myanmar & Hong Kong

June 2021

Introduction
ANFREL started publishing the monthly brief on the countries under a restrictive environment in April 2021 to provide an insight into the human rights and democracy situation in these countries. As usual, they will cover issues related to elections and civil and political rights in Bangladesh, Cambodia, Myanmar and Hong Kong.

To read the full brief, please click here.

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(updated) Statement of Foreboding over the Military Takeover of the Government of Myanmar

11 February 2021

For a copy of the statement in PDF format, please click here.

February 11, 2021

MARUAH unequivocally condemns the military takeover of Myanmar on February 1, 2021.

The Tatmadaw (military) overthrew the elected government of Myanmar, detained government leaders, civil service officers, activists and human rights rights defenders, imposed a year-long Emergency on the country and has blocked intermittently access to Internet. To date the military has given no official data on the state of well-being of the elected leaders of the Myanmar government, their locations, the number of people arrested and information on who have been arrested.

The Tatmadaw acted deliberately and intentionally. This is a coup d’état. The fragile democracy in Myanmar is in tatters. Military personnel have become the new political leaders of the country. The military supporters and members of the Union Solidarity and Development Party and Buddhist nationalists jointly presented themselves as custodians of Buddhism in the 2020 General Elections, saying that the National League Democracy political party as being anti-Buddhism. Currently this joint force is patrolling the streets alongside uniformed soldiers and police to arrest, threaten and beat-up thousands of protesters in the streets. People in Myanmar are saying clearly that they do not wish to be under military rule as they had experienced it over 50 years (1962-2011). The Tatmadaw in the past had suppressed Buddhism, resulting in the 2007 Saffron Revolution, but now has an ally in the Buddhist Nationalists. Reports are coming in on protesters being arrested, beaten, tear-gassed and shot at across Myanmar, in Naypyidaw, Bago, Magway and Mandalay. MARUAH finds this new kinship between Buddhist nationalists and the military disconcerting as its puts into jeopardy the lives, safety and well-being of people of different religious beliefs amongst the 135 ethnic groups as well as the Rohingyas.

MARUAH also recalls the people’s experiences when the country was under successive military regimes. They were times of long imprisonments, solitary confinements, tortures, extreme poverty, starvation, lack of medical attention, low development, fear and distrust. In recent years we saw the persecution of the Rohingyas, many of whom fled the country. The track record of the past and current governments has been to uphold Myanmar’s sovereignty in the face regional and international interventions on human rights violations and to dismiss the UN reports as being biased and hypocritical. Universally, we presided over an impasse as a million refugees continued

to live in poor conditions and the incessant armed conflicts between the Tatmadaw and rebel forces, resulting in deaths, injuries, rapes and destructions of homes. MARUAH emphasises this blatant disregard shown by the Myanmar governments to abide by the Responsibility to Protect principles. MARUAH also deplores the indifference given to protecting people against Covid-19 in this planned coup.

MARUAH has been in solidarity with many civil society actors in expressing their deep concerns over this 10-day-old takeover. But we make this statement, appealing for a deeper cognizance of the character of the people in Myanmar and for actions to protect them. They are, by thousands, in the streets picking up the cudgels to fight for their democracy and to be governed by an elected government, not a military force that usurped the power. They are reaching out to the global community, risking their safety, to share detailed accounts on what is going on in the country.

We appreciate deeply the prompt response from our own government, Singapore, as well as statements from Association of Southeast Nations’ (ASEAN) leaders and the United Nations. We are particularly pleased that United States of America and New Zealand have declared that they will not recognise the new government of Myanmar. We have also noted reports emerging from both state-level and private sector investments and business partnerships in Myanmar. Based on the series of crimes against humanity over 50 years, the lack of culpability by the government of Myanmar, and the resilience of the people in Myanmar in fighting for their freedom and rights, MARUAH urges strongly that we cannot become witnesses to a blood bath in Myanmar. MARUAH asks for a deeper commitment, beyond the suggested meetings to seek negotiation and reconciliation with the Tatmadaw. We ask for a clear course of steps that underscore the unacceptability of this coup, the non-recognition of the Tatmadaw as the government and that economic partnerships be reviewed. To prevent an escalation into a civil war and to protect the people, we humbly make a call for governments, ASEAN and the UN, to:

  • fundamentally, focus on protecting the people of Myanmar whose security and freedom are under threat;
  • develop access routes on funding and prepare safe places as people are fleeing Myanmar to seek refuge in other countries;
  • ask for information on prisoners and their release;
  • ensure that people in Myanmar have an unfettered access to Internet and communication tools, with an understanding that social media platforms will suspend harbingers of ‘hate speeches’;
  • reaffirm the principles of democracy and fair play as a rule of law and conduct as prescribed in the ASEAN Charter and United Nations Declaration of Human Rights;
  • officially, not recognise the Tatmadaw as the government of Myanmar;
  • institute a process for an interim government of multi-stakeholder representatives, including some military officials to be set up;
  • institute a neutral and independent body of global experts on a fact-finding mission to ascertain if there was electoral fraudulence;
  • appoint a UN Special Rapporteur to investigate and document the human rights situation in Myanmar;
  • recommend UN bodies and International Criminal Court to issue an Inquiry on the Tatmadaw, based on charges of the coup d’etat and crimes against humanity;
  • review the nature of investments made in Myanmar and abide by the principles of ethical investing, ethical business conduct, and put in place targeted sanctions against the military and their partners’ enterprises;
  • impose an embargo on the arms trade into Myanmar;
  • build on an alliance with China to be a partner in non-recognition of the military-led government of Myanmar.

Issued by MARUAH Singapore.

About MARUAH Singapore

We are a Singapore human rights NGO.

MARUAH means Dignity in Malay, Singapore’s national language. Human rights are all about maintaining, restoring and reclaiming one’s dignity at the individual, regional and international level.

We seek to:

  • promote and raise awareness, knowledge and understanding of human rights and human rights and related issues at the national, regional and international levels, in Singapore, ASEAN and elsewhere
  • provide a civil society perspective on human rights and related issues at the national, regional, and international levels
  • advocate for and work towards the respect for and upholding of human rights in accordance with international and other norms
  • foster national, regional, and international co-ordination and development of all activities in relation to human rights and related issues facilitate the education, participation and
  • engagement of persons, groups and organisations in Singapore with respect to human rights and related issues.

MARUAH is also the Singapore focal point for the Working Group for an ASEAN Human Rights Mechanism. The Working Group has national representatives from all of the founding Member States of ASEAN, namely Indonesia, Malaysia, the Philippines, Singapore, and Thailand.

The Working Group is an NGO officially recognised in the ASEAN Charter as a stakeholder in ASEAN.

maruahsg@gmail.com

www.maruah.org

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[Statement] Urgent Civil Society Letter on Ugandan Elections

17 January 2021

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MARUAH’s Statement of Deep Concern on Actions Taken Against New Naratif’s Dr Thum Ping Tjin

12 October 2020

MARUAH expresses its concerns over the statement issued by the Elections Department (ELD) of the Singapore Prime Minister’s Office alleging that New Naratif (NN) had breached the Parliamentary Elections Act during the course of the General Elections 2020, the actions taken by the Singapore Police Force, the takedown order given by Infocomm Media Development Authority (IMDA) to Facebook, and Facebook’s censorship of New Naratif through compliance on IMDA’s takedown order.

According to the press release of 18 September, the ELD alleges that NN’s boosting of five Facebook posts during the recent General Election, “amounted to the illegal conduct of election activity under S83(2) of the Parliamentary Elections Act.” The ELD further stated that NN did not have written authority to conduct election activity, that ELD’s previous press release of 3 July on NN’s activities was carried by various news outlets and yet despite this publicity and even after Facebook took down NN’s boosted post, NN continued to boost other Facebook posts. ELD also quoted, in its statement (Ref: https://www.eld.gov.sg/press/2020/Press_Release_-_Police_reports_filed_against_New_Naratif_for_breach_of_Parliamentary_Elections_Act.pdf), the definition of election activity under the Parliamentary Elections Act, which includes “any activity which is done for the purpose of promoting or procuring the electoral success at any election for one or more identifiable political parties, candidates or groups of candidates; or prejudicing the electoral prospects of other political parties, candidates or groups of candidates at the election”.

MARUAH still remains unclear over what constitutes internet election advertisements as qualified by ELD in its press statement. We note that there are studies, codes, and in some instances, legislation that frame criteria in this regard. The onus is on ELD to state how the advertisements breached the criteria that it observes, as well as justify how these criteria are also interpreted and thus applicable to satirical content, which was the nature of one of NN’s boosted posts.

MARUAH asks if a discussion with NN to seek clarifications from NN would not have sufficed? We wonder why ELD preferred to make a police report. We also ask how many other police reports ELD has filed on other breaches as were also reported to ELD, in the course of GE 2020? Is this then the process of governance that ELD uses, that is, to make police reports? Is there a better approach as we build up trust in election climates, which inevitably will get more complex as new social media forms develop and are used more often and offer many more possibilities to users and readers? Would not a system of transparently sharing the criteria on ‘promoting’, ‘prejudicing’, ‘procuring’ help all parties to become more self-evaluative?

We are also deeply concerned over the ethical principles with which Facebook is governing its platform. Facebook has been criticised severely for allowing its communication platform to be used by political parties to influence voters. We ask if Facebook operates with greater consistency, now, on material that is deemed to be prejudicial in elections, and what its principles are. MARUAH will also be raising these concerns to Facebook. Under such circumstances, what then would be the ELD’s and IMDA’s expectations of such operators like Facebook when we do see inconsistencies in its application in leaving up or taking down news items. More importantly, how does ELD also ensure consistency in making its judgements so that IMDA can be consistent in asking Facebook to take down news items — in this case, posts from other news organisations which were boosted during the election period?

Lastly, we are troubled at the actions taken by the Singapore Police Force, in its response to the police report made on NN. Besides an interrogation for more than four hours, there was also a confiscation of personal items such as the mobile phone and laptop and entering the home of Dr Thum Ping Tjin to remove his belongings for investigations. The evidence is entirely digital and available online, and New Naratif has not denied that the boosted posts in question belonged to them. There is thus no need for the seizure of Dr Thum’s belongings. Such unnecessary seizures have happened previously to Ms Teo Soh Lung and Mr Terry Xu. We ask if investigations have to be carried out in this intimidating and intrusive manner without a thought for the individual’s civil rights.

ELD and the Ministry of Home Affairs demonstrate a high-handedness in handling the allegations. It is akin to affirming that an allegation made as a police report, leads automatically to an interrogation and seizures of materials. If the criteria are clearly spelt out, an allegation made in the form of a police report, can then be assessed on such defined terms, and where deemed fit, further action is taken. MARUAH believes that the first step is to publicise the codes that can ascertain ‘prejudicial’ content in elections. It is also equally important to situate any assessment in an environment of multimedia technology, with many media organisations delivering news and a more critical and aware public. It is important that ELD finds a balance in this governance, without crippling a journalism that offers critical perspectives and satire as an expression. It would be naïve to think of the Singapore audience as being innocently and easily influenced by the media.

MARUAH states that such continued actions including these by ELD will only instill deeper fear into people. If restrictions continue in this way, people will still be driven to take risks in expressing themselves as there is just too little legitimate space given for expression. MARUAH states that it is always preferable for a country like Singapore to host a discussion and build up better understanding through dialogue so that people’s right to express themselves is not reduced to silence. 
——————————————————————————————————————

Should you require clarification, please email MARUAH Secretariat at maruahsg@gmail.com

Thank you.

MARUAH Secretariat
maruahsg@gmail.com

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[Repost from ANFREL] Hong Kong: Stop Intimidation and Threats Ahead of Legislative Council Elections

22 July 2020

The Asian Network for Free Elections (ANFREL) is alarmed by the quickly deteriorating election environment in the run-up to the Hong Kong Legislative Council elections scheduled for 6 September 2020.

The new National Security Law that came into effect on 30 June has exacerbated a climate of fear in Hong Kong’s electoral democracy. The law’s ambiguities in criminalizing secession, subversion, terrorism, and collusion with foreign forces with sentences going up to life imprisonment has given the authorities sweeping powers to clamp down on civil liberties and human rights[1].

Several pro-democracy groups advocating for greater autonomy and self-determination, such as the Hong Kong National Front, Studentlocalism and opposition party Demosistō[2], have since chosen to either disband or relocate abroad over fears of political imprisonment. Activist and former lawmaker Nathan Law has also fled Hong Kong[3] and subsequently withdrawn from the pro-democracy camp’s primaries. Other opposition members are facing an uncertain future ahead as the Beijing-imposed law has empowered authorities to disqualify candidates from running in the election[4].

The authorities have used the new legislation to threaten the organizers of the 11 and 12 July primaries designed to select pro-democracy candidates to the 6 September legislative elections. Secretary for Constitutional and Mainland Affairs Erick Tsang claimed the participation in the primaries may violate the National Security Law[5], while Chief Executive Carrie Lam declared that the coordinated effort by democrats to win a majority in the legislature to oppose government policy “may fall into the category of subverting the state power”, an offense under the new law[6].

On the day before the primaries, district councilors and a pro-democracy shop faced intimidation attempts to warn them not to use their premises as polling stations[7]. The Hong Kong police also raided the office of the primaries’ co-organizer Public Opinion Research Institute (PORI), accusing the organization of “dishonest use of a computer”[8].

Despite overt intimidation, the two-day primaries saw a high voter turnout, with over 600,000 Hong Kongers casting ballots in the process. It is commendable that the people of Hong Kong are showing their resilience and determination to resist democratic regression.

The instillation of fear using the National Security Law did not stop after the primaries. Both Hong Kong Liaison Office[9] and Hong Kong and Macau Affairs Office[10] have issued strong-worded statements to accuse the primaries of violating the National Security Law. The Electoral Affairs Commission also claimed the primaries are not part of the electoral procedures and reminded the public to take heed of the National Security Law when organizing and participating in election-related activities[11].

The National Security Law is the latest development in a year-long crackdown on protesters, activists, and opposition forces in the territory. In November 2019, authorities conducted a two-week siege on the campus of Hong Kong Polytechnic University[12], culminating in over 1,100 arrests in a single day[13]. On 18 April 2020, police arrested 15 prominent activists[14], including publishing tycoon Jimmy Lai and founder of the Democratic Party Martin Lee, in what was perceived as a hardening of the authorities’ position towards the pan-democracy camp.

ANFREL condemns the sustained intimidation and threats towards the city’s democracy advocates, citizens, and civil society by the authorities of Hong Kong and Beijing. Avenues for debate and constructive dialogue have been steadily restricted, ensuring that the environment prior to the Legislative Council elections can be considered neither free nor fair.

We call for an immediate repeal of the National Security Law, which violates the spirit of the 1984 Sino-British Joint Declaration and Hong Kong’s Basic Law and stand in solidarity with Hong Kongers in their pursuit for democracy, attachment to fundamental freedoms, and demands for free and fair elections. We call on the government of China to honor its international commitments and stop encroaching on Hong Kong’s autonomy, rights, and tradition of democratic governance.

[1] https://www.hrw.org/news/2020/06/09/hong-kong-rights-under-attack-anniversary
[2] https://www.taiwannews.com.tw/en/news/3956221
[3] https://hongkongfp.com/2020/07/02/breaking-democracy-activist-nathan-law-says-he-has-fled-hong-kong/
[4] https://www.scmp.com/news/hong-kong/politics/article/3091433/national-security-law-facing-disqualification-or-worse-hong
[5] https://www.theguardian.com/world/2020/jul/14/hong-kong-primaries-china-declares-pro-democracy-polls-illegal
[6] https://hongkongfp.com/2020/07/13/democrats-plan-to-win-legislative-majority-to-oppose-govt-policy-may-be-illegal-under-security-law-says-hong-kongs-lam/
[7] https://hongkongfp.com/2020/07/11/hong-kong-primaries-pro-democracy-shop-scraps-polling-station-plan-as-govt-warns-district-councillors/
[8] https://www.rfa.org/english/news/china/raid-07102020105020.html
[9] http://www.locpg.gov.cn/jsdt/2020-07/13/c_1210700891.htm
[10] https://www.hmo.gov.cn/xwzx/xwfb/xwfb_child/202007/t20200714_22007.html
[11] https://www.info.gov.hk/gia/general/202007/14/P2020071400889.htm
[12] https://www.nytimes.com/2019/11/29/world/asia/hong-kong-protests-polytechnic.html
[13] https://asia.nikkei.com/Spotlight/Hong-Kong-protests/Hong-Kong-arrests-mount-to-1-100-as-campus-siege-continues
[14] https://www.scmp.com/news/hong-kong/politics/article/3080529/least-12-hong-kong-opposition-veterans-arrested-police-over

Download the full statement here: Hong Kong: Stop Intimidation and Threats Ahead of Legislative Council Elections

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MARUAH’s Notice to Political Parties for Singapore’s Future

8 July 2020

Congratulations on this lead up to Polling Day on July 10th. Wishing each candidate and all political parties the absolute best.

As Singapore citizens we will be making our way to the polling station if we can, practice ‘stay safe’ habits and vote for the political parties and the candidates that we think will best represent our interest and with whom we can work to build up our country as a peaceful, prosperous and equal society to live in, where we can enjoy happiness, have fair and equal access to justice for all persons and practice non-discrimination as our moral code.

So, as a human rights organization, MARUAH is reminding all political parties and candidates that they need to fulfil State obligations to promote, protect and fulfil a citizen’s rights. We also reassure that an individual’s right does not mean it is to the exclusion of community-mindedness or a mutualism, as this is already a given in the Universal Declaration of Human Rights (Article 29). We also state as Singapore becomes more diverse and we live in an interconnected world that the core values of human rights – indivisible, inalienable, interdependent and universal – are not compromised as legislation, policies and programmes are prepared and set for the future. These core principles are also part of the Sustainable Development Goals in its 2030 vision, in its frameworks and in international agreements. As such we make the following calls on what we would like to have over the next five years, till the next General Elections. We ask:

  • that we achieve a higher level of accountability through a Transparency Act that we hope will be enacted before the next General Elections
  • that the Freedom of Information Act be enacted so that data, public documents, and historical materials can be shared with the public and where needed, can be held as archives
  • that the Freedom of Expression be legislated as the digitized world is the norm and we already have the counterbalancing force via legislation – Protection of Online Falsehoods and Manipulation Act (POFMA) – and the authoritative powers as given to each Minister 
  • that an Anti-Discrimination Act be enacted as soon as possible
  • that all political parties and especially those with representatives in Parliament take on a participatory approach with civil society freely and not selectively, setting the ground rules for fair-minded conversation aimed at the betterment of people, protecting their rights and developing a stronger democracy
  • that the budget for Defence be reduced from its current proportion of the national budget and that there is an increased focus on peace  building, reparative and remedial work  in the region and internationally through our diplomacy, making it Singapore’s mainstay reputation
  • that we ratify international peace treaties such as the Convention on the Prevention and Punishment of the Crime of Genocide (1951)
  • that we also ratify the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (1990)
  • that we make determined plans to ratify the core human rights instruments of the International Covenant on the Civil and Political Rights (1966), the International Covenant on the Economic, Social and Cultural Rights (1966)
  • that we become signatories to the Core International Labour Organisation’s Agreements that are still pending
  • that we build up, to achieve an excellent track record, on the Paris Agreement (2016) and so become a leading force in the region as a Climate Change promoter and advocate, to protect and preserve the environment
  • that we continue to be a key leader in ASEAN in bridge-building but support the human rights agenda of ASEAN in that they need to be fulfilled
  • that we develop an economic climate that builds up on a national developmentist approach of self-sufficiency, a greater reliance on regional supply chains for goods, raw materials and human resources and process Singapore’s shift from just market-driven capitalism to sustainability and self-sufficiency in the creation of new industries and job opportunties
  • that policies be centred on ensuring that all basic needs of an individual are met adequately and well, so that no one is left behind or be placed, divided into various recipient clusters to receive social protection of social insurance, social assistance and universal transfers, which ought to be well-planned and implemented on a sustainable scale leading to empowerment, confidence and independent living of individuals and communities
  • that land prices are not pegged to market prices for public housing and for small scale enterprises so that costs are not beyond a middle-income individual with an unbroken career path
  • that we set the National Minimum Wage that takes into account the living costs in Singapore 
  • that health care pricing be reviewed with inputs from experts and by studying the schemes held by other countries so that people in Singapore can access healthcare with affordable healthcare insurance schemes
  • that we measure success by determined factors of well-being, happiness of the people and of having participatory and democratic processes
  • that as citizens there will be greater monitoring of politicians and political parties due to digitisation of information as well as rising awareness in politics

Majulah Singapura!

MARUAH Secretariat

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ANFREL: “What’s going on in Singapore?”, a webinar held on 5 July 2020

6 July 2020

Watch a replay of the 5 July 2020 webinar ‘What’s going on in Singapore’, hosted by ANFREL – Asian Network for Free Elections. MARUAH’s Secretary, Braema Mathi and PJ Thum of New Naratif were panellists for this webinar.

Please click on screen shot below to view the video in Facebook.

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General Election 2020: Academic Insights

30 June 2020

As we head towards the end of Nomination Day here in Singapore, we thought to share with our readers an excellent email resource provided by AcademiaSG.

Please visit this link to access AcademiaSG’s latest email (30 June) which provides more academic views and articles for you to read on Singapore’s elections.

Foreword by AcademiaSG’s editors

Singapore’s General Election on 10 July may have a broadly predictable outcome, but the way the campaign plays out as well as the final tallies will generate endless conversations — and months if not years of academic analysis. This newsletter, going out on Nomination Day, is dedicated to GE2020. We are especially happy to present 20 for 20: A GE Reading List of twenty book chapters and journal articles offering in-depth looks at Singapore’s political system, its political parties, and past voting behaviour. Some are new publications, examining Singapore’s democratic backsliding since GE2015, and the 4th Generation leadership, for example. Others are older but still highly relevant – like a 2011 article on why election rallies (banned this year) have been such a special part of Singapore’s elections. We are delighted that their authors and publishers have made them available for free download, in support of Academia.SG’s mission to bring scholarly research into the public sphere.
– Chong Ja Ian, Cherian George, Linda Lim & Teo You Yenn

Please click here to subscribe to AcademiaSG’s mailing list.

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APHR: “Singapore election: neither free nor fair, new report says” – 18 June 2020

19 June 2020

ASEAN Parliamentarians for Human Rights (APHR) released a report “In Singapore, an Already Unfair Vote Undermined by COVID-19” on Thursday, 18 June 2020.

This report documents structural flaws that potentially prevent elections from being free and fair in Singapore. On page 22 of the report, APHR also makes certain recommendations to safeguard Singaporeans’ right to a free and fair election. These include:

  • Give significantly longer notice for election dates and more campaigning time to ensure an equal electoral competition and for voters to make their opinions;
  • Replacing the GRC system with one that ensures better respect for the principle of “one person, one vote”;
  • Immediately amend or repeal all laws that restrict the rights to freedom of expression, and peaceful assembly in Singapore; and
  • Delay the general election unless additional measures are taken to: ensure all eligible voters are able to vote, including the sick and those abroad; and ensure that opposition parties are able to campaign on an equal footing with PAP.

For more information on APHR’s findings and recommendations, please visit https://aseanmp.org/2020/06/18/singapore-report-statement/ and https://aseanmp.org/wp-content/uploads/2020/06/APHR_Briefer_SingaporeElections_2020-06-16-1.pdf.

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