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Cross over crossovers

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©The Nut Graph (Used by permission) Update Details
by Deborah Loh

AMIDST the ethics debate that surrounds the possibility of News Daily September 22, 2008
defections by Barisan Nasional (BN) Members of Parliament
(MPs) to the Pakatan Rakyat, a handful of civil-society
organisations have issued a qualified endorsement of a new
government formed by crossovers.

The statement, released on 16 Sept 2008 in conjunction with

Malaysia Day and the anticipated government takeover, was forged after a consultation between
various non-governmental organisations (NGOs) a week earlier.

Although the NGO community is much larger, only 11 signed the document.

The joint statement begins in a hesitant tone. It says that the NGOs “view with cautious optimism the
proposed plan” by the Pakatan Rakyat to lure over BN MPs in order to form the next federal
government.

That the much-hyped takeover did not take place on 16 Sept as expected does not dampen the
controversy stirred up by the sudden move by non-partisan groups to make a political stand.

One group that didn’t sign the statement, Sisters in Islam (SIS), says civil society groups have always
been opposed to defections as a means to form a new government.

“That stand should not change now. We didn’t endorse the statement because we’re not convinced
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about the arguments used to justify the crossovers, no matter how cautious they are,” says SIS senior
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programme manager Maria Chin Abdullah.
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Groups that did sign the endorsement, however, feel it is better to forge a position now, rather than
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after the defections happen, if they do at all.
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The 11 civil society groups that signed the statement were the Borneo Resources Institute Malaysia Politicians insist on ISA repeal
(Brimas); Building Initiative in Indigenous Heritage (BiiH); Centre for Independent Journalism (CIJ); MCA to press for ISA review
Citizen Think Tank; Jaringan Orang Asal SeMalaysia (JOAS); Jaringan Tanah Hak Adat Bangsa Asal Anwar struggling to form govt, says Ku Li
Sarawak (Tahabas); Partners of Community Organisations (Pacos) Trust; Persatuan Masyarakat Cyber crooks pose as businessmen
Selangor dan Wilayah Persekutuan (Permas); Pusat Komas (Community Communications Centre); Ying Xin kidnap-cum-murder case: Suspects stay in remand
Research for Social Advancement (Refsa); and Youth for Change (Y4C). Why Malaysia is saved from global firestorm
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They note that defections are “not the most ideal path for a new democratic government to be Hindraf five
formed”, but that there are mitigating circumstances that can justify it, such as the argument that it is Deserted on an island
more unethical for MPs to remain within the BN, “which continues to perpetuate racial and divisive Hindraf supporters not unjustly treated: Lawyer
politics, human rights and democratic abuses.”
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The BN has failed to read public sentiment even after its losses in the 8 March general election and in
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the Permatang Pauh by-election, the NGOs argue.

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If anything, things seem to be getting worse going by Umno’s tip-toeing around former Bukit Bendera
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division chief Ahmad Ismail’s racially charged statements, and more recently, the use of the Internal
Law Society to tackle top law firm
Security Act (ISA) against blogger Raja Petra Kamarudin, Sin Chew Daily journalist Tan Hoon Cheng,
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and DAP’s Seputeh MP Teresa Kok on 12 Sept. (Both Tan and Kok have since been released.)
Legal crackdown on 'suicide websites'

The NGOs also reason that crossovers are nothing new in Malaysia, the colourful history of party- Scalia Says U of C Law School Has Lost its Conservative Edge
hopping between Sabah political parties being a case in point. It is also the compromising nature of In praise of perversion
politics that defections are the means to an end for politicians here as in other parts of the world. Rape myths: why we still believe women ‘ask for it’
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CIJ executive director V Gayathri is sceptical of a government formed by crossovers, but her China lawyers call for more open bar association
organisation still signed the statement. Change is urgent, she says, because Umno has begun to
manifest its internal conflicts outwardly, and such actions affect society. Minister: Study proposal on switch to Syariah law thoroughly (69
comments)
“They will use what they have at their disposal, like the ISA, as most recently seen. Also, the reality of Siri Pemikiran Kritis (Segmen Pertama), Sessi Pertama (36
the situation is that Umno is not going to reform soon. If change within Umno means merely handing comments)

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The Malaysian Bar - Cross over crossovers http://www.malaysianbar.org.my/news_features/cross_over_crossovers.html

the reins over to (deputy prime minister) Datuk Seri Najib Abdul Razak, I don’t see that as a signal for Federal Court dismisses Lina Joy's appeal (35 comments)
reform,” Gayathri tells The Nut Graph in a phone interview. OPINION: Why I support the LPA amendments (31 comments)
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Pusat Komas facilitator Jerald Joseph feels the endorsement is for sound reasons that benefit the Amaran kepada MCA (27 comments)
electorate. 2008 Bar Council Subscription (24 comments)
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“Forming a government by crossovers is not a normal situation, nor a precedent we want to set; that is Penang Bar passes resolution on SRO Enforcement (23 comments)
why we say we are ‘cautiously optimistic’. Our qualifier is that the crossovers must be for better human OPINION: LPA Amendments - "Stupid is as stupid does" (Forrest
rights, better governance, a better Malaysia,” he says. Gump) (22 comments)

As such, the statement reads: “In order for the crossover to command long-term respect and
legitimacy... (it) must be done for the right reasons — reasons that are ethical and consistent with the Re:BCHRC Organised Visits to Kem Tahanan Kamunting by
demands of democratic, nation-building and human rights ideals.” Syamsuriatina Binti Ishak
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Despite such lofty goals, SIS’s Maria and representatives of Suara Rakyat Malaysia (Suaram), another Collection of Funds at EGM by Brendan Navin Siva
NGO that didn’t sign the statement, maintain that it is difficult to justify the ends with questionable Re:Extraordinary General Meeting by Richard Wee Thiam Seng
means. Teresa Freed? by Nik Elin Zurina Bt Nik Abdul Rashid
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Maria views the threats of crossovers and power-grabbing as pure politics, and something that civil Re:Race Relations Act Needed by David Soong Tshon Li
society groups should avoid. Instead, she says NGOs should focus on calling on both the BN and
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Pakatan Rakyat to institute democratic processes in public institutions and through law reforms.
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“This should be the priority for both sides of the political divide, especially after 8 March,” she says.
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Mindful of being perceived as partisan, the NGOs have stated their expectations of any new
government formed through defections.

For one, all MPs who defect must pledge that “they have not obtained or been promised any form of 1 2 3 4 5 6

unlawful monetary and personal gains.” 7 8 9 10 11 12 13

14 15 16 17 18 19 20
To be inclusive of East Malaysian interests, the NGOs also call upon MPs to uphold agreements signed
21 22 23 24 25 26 27
in 1963 during the formation of Malaysia, along with reforms that bring about “more equitable political,
civil, economic, social and cultural rights in Sabah and Sarawak.” 28 29 30

JOAS president Adrian Lasimbang, who is from Sabah, says endorsing the statement is a way to hold
defecting politicians accountable to the promises they have made.

He says Sabahans are all too familiar with unfulfilled promises that come with regime change in the
state. Memories of the 1986 riots in Kota Kinabalu and other towns after Parti Bersatu Sabah (PBS)
defeated Berjaya in state elections the year before are a painful reminder of how citizens can become
collateral damage in political feuding. PBS was formed by a faction that pulled out of Berjaya about a
month before the elections.

“We are very cautious about the use of desperate tactics and moves to instigate unrest should
crossovers happen this time. Hence, our reason for signing the statement is to call for a responsible
changeover and to make MPs think twice before doing so,” says Adrian.

With such conditions laid down, Joseph views the statement as “not an endorsement but a caveat” to
hold defecting MPs accountable.

“It may happen, or it may not. But if it does, then this is what we expect of them,” he says.

As for whether NGOs can be considered partisan with this endorsement, CIJ’s Gayathri denies this.

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The Malaysian Bar - Cross over crossovers http://www.malaysianbar.org.my/news_features/cross_over_crossovers.html

“Whether an NGO can be considered as partisan is the extent to which it mobilises support for a Circular No 240/2008 : SSM Bulletin (Issue January-June 2008)
particular party. In this case, we’re not making a political stand for the Pakatan Rakyat, but we support Harinder Veriah Trust - International Law Award 2009
their aims to install more democratic processes, and that is not a bad thing.” Circular No 236/2008
Library Legislation Update : 16 September 2008
Banking on promises
Circular No 235/2008 : Notice of Extraordinary General Meeting of the
Malaysian Bar
With an ever-changing dateline, and with lukewarm support for crossovers from PAS and DAP, Parti Circular No 233/2008 : Practice Direction from the Chief Judge of Malaya
Keadilan Rakyat (PKR)’s Datuk Seri Anwar Ibrahim is not exactly inspiring confidence that he can take
No:2/2008
over the government. Circular No 232/2008 : Transfer of the High Court Judges
Circular No 231/2008 : British Chevening Scholarships
So what makes NGOs think he’ll be able to institute democratic reforms should he take over? What if
Library Legislation Update : 11 September 2008
he replaces the BN regime with one of his own?
Bar Council's Report submitted to the UN Human Rights Council

Pusat Komas’ Joseph says if Anwar turns out to be a disappointment, the statement will provide RED BOOK: Know Your Rights (English) (22468)
grounds to criticise a new Pakatan Rakyat federal government for failing to bring change. SRO 2005 (English) (17498)
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Hence, the first thing NGOs want the Pakatan Rakyat to do is to hold fresh elections within a year from
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the date of takeover, and within this period, to reform institutions like the police, the Attorney-
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Is this enough time? Gayathri thinks so; any longer and the Pakatan Rakyat’s integrity would fall under
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Civil society groups want change, but their differing stands on how to achieve it continues to be hotly
debated. That only 11 civil society groups signed the statement, and with so many caveats at that, is
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