“We, the
NGOs of varied sectors of Malaysian civil society wish to present these concrete
demands to the political parties and independent candidates contending in the 13th
general election for their endorsement. We believe that these demands are
reflective of the aspirations of the various sections of the Malaysian peoples
and are based on the current state of the Malaysian political, economic, social
and cultural society. We also believe that if Malaysia is to have a sustainable
and bright future, these demands represent a new agenda for change and the
substance of reform. This reform is long overdue and it is the basis for a
fair, just, equal and democratic country that respects human rights and the
recipe for true reconciliation.
The demands
are concrete so that political parties and candidates will have to stand by
their endorsements if they have been elected. The candidates who support these
demands will gain our full support in the forthcoming elections. We will be
monitoring the political parties and candidates to ensure that they stand by
their commitment to these demands after the elections.
1. Eradicate
Institutional Racism
1.1. Abolish the “New Economic Policy” -
corrective action in all economic and education
policies must be based on need or sector or class and not on race with priority
given to indigenous people, marginalised and poor communities;
1.2. Repeal amendment (8A) of Article 153
that was passed during the state of emergency in 1971 and was not in the
original 1957 federal constitution;
1.3. Institutionalize means testing for any
access to scholarships or other entitlements;
1.4. Implement merit-based recruitment in
civil & armed services;
1.5. Enact an Equality Act to promote
equality and non-discrimination irrespective of race, creed, religion, gender
or disability with provision for an Equality & Human Rights Commission;
1.6. Institutionalise equality and human
rights education at all decision-making levels, including state and non-state
actors/ institutions;
1.7. Ratify the Convention on the
Eradication of Racial Discrimination (CERD);
2. A Society based on Human Rights & Rule of Law
2.1. Repeal all
laws that allow torture, whipping, detention-without-trial and incommunicado
detention;
2.2. Abolish
the death penalty in Malaysia, impose an immediate moratorium on all executions
pending abolition and commute the sentences of all persons currently on death
row;
2.3. Ratify the
International Covenants on Civil and Political Rights and on Economic, Social
& Cultural Rights; the Convention against Torture and the Convention on
Refugees;
2.4. Implement
the Independent Police Complaints Committee (IPCMC) and other recommendations
of the Royal Police Commission to ensure transparency and accountability by the
police and other enforcement agencies such as the MACC;
2.5. Establish
a law reform commission to restore the independence of the judiciary; review the
Federal Constitution and all laws that are unjust and violate human rights, and
resolve the conflict of jurisdiction between civil and syariah laws;
2.6. Establish a Royal Commission of
Inquiry to solve once and for all the problem of citizenship for Malaysians who
were born here or have lived here for more than 10 years; permanent residence
for foreign spouses of Malaysians, as well as the problem of undocumented migrants
in the country;
2.7.
Ensure social justice and guarantee the dignity of lesbians, gays, bisexuals and transgenders (LGBT) just as for heterosexuals’ rights;
3. Root out corruption effectively
3.1. Set up an Independent Anti-Corruption
Commission answerable to parliament with the power to recommend prosecutions
for all offences of corrupt practice;
3.2. The Public
Accounts Committee in Parliament should be chaired by an Opposition Member of
Parliament;
3.3. Eliminate
opportunities for corruption such as proscribing the “revolving door”
opportunities between the civil/armed services and the private sector;
3.4. Ensure the
government ministry/department head accounts for every discrepancy in the
annual Auditor-general’s report and pays for any negligence or corruption
involved;
3.5. All
privatised projects must be openly tendered;
3.6. Carry out effective
anti-corruption campaigns in the media, schools and public areas throughout the
nation;
4. Free and Fair Elections
4.1. Clean up
the electoral rolls and ensure that migrants have not been illegally
enfranchised;
4.2. Use
indelible ink to prevent multiple voting;
4.3. Reform
postal voting to ensure transparency and to enfranchise Malaysian citizens
abroad;
4.4. Minimum of
21 days for electoral campaigning;
4.5. Free and
fair access to the media for all parties;
4.6. Strengthen
public institutions involved in the electoral process, including the judiciary,
the Election Commission, police, MACC and broadcasting media to ensure their
independence and professionalism;
4.7. Curb
corruption and vote buying by compulsory auditing of all election expenses,
campaign financing; full disclosure of sources of financing and expenditure,
and setting a limit on campaign expenditure;
4.8. End dirty
politics and unethical practices such as religious or communal appeal, false
statements, defamatory or personal attacks, wilful distortions, unproven
allegations, racist, racial or other forms of intolerant statements against
women, minorities and marginalized groups;
4.9. Invite
international election observers as a norm in general elections for greater
credibility;
4.10. Fair
representation in delineation of parliamentary constituencies – discrepancy in
the number of voters in different constituencies should not exceed 15% as
existed at the time of Independence;
4.11. Automatic
voting eligibility from the age of 18 using identity card;
5. Accountable &
Representative Democracy
5.1. Limit the office of the Prime Minister,
Menteri Besar and Chief Minister to two terms in office;
5.2. Elect representatives to the Dewan Negara
(Senate);
5.3. Require all elected representatives and
senior civil servants to publicly declare their assets and incomes as well as
those of their wives’ and children’s;
5.4. Broadcast
live of all proceedings in parliament;
5.5. Re-introduce elected local governments;
5.6. Decentralise social services such as
education, housing, transport and even community policing, to be managed by elected
local councils.
6. Uphold Freedom of Expression
and Information
6.1. Abolish the Sedition Act, the Printing
Presses & Publications Act, the Official Secrets Act and the Film
Censorship Act to ensure freedom of expression and information;
6.2. Enact a Freedom of Information (FoI) Act at
federal and state levels which is reflective of the peoples’ right to know,
with the public interest as the overriding principle;
6.3. Take appropriate action to prevent monopoly
of ownership and control of the press and broadcasting stations by political
parties or corporate bodies;
6.4. Transform the national broadcasting
authority into one that is independent and non-partisan, answerable to
Parliament and not to the Ministry of Information.
7. Uphold the freedoms
of assembly & association
7.1. Repeal the Police Act, the Societies Act,
the Universities & University Colleges Act and other relevant laws which
restrict these fundamental freedoms;
7.2. Repeal the Peaceful Assembly Act 2011;
7.3. Grant students of voting age the full
freedoms enjoyed by other Malaysian citizens;
8. Defend Workers’ Rights
8.1. Respect
workers’ rights and solidarity, including those of informal workers such as
domestic workers by reviewing labour laws to ensure they are compatible with the
International Labour Organisation (ILO) Convention;
8.2. Encourage
and promote the right of workers to unionise;
8.3. Legislate a progressive guaranteed
minimum wage for all workers, including foreign workers;
8.4. The policy on the import of migrant
workers into the country must not threaten / affect the job opportunities of our
local workers;
8.5. Abolish the Contractor for Labour System,
and restore direct two-party employment relationship between principal/owners
of workplaces and the workers that work therein;
8.6. Ensure all workers are employed as regular
permanent employees and enjoy all benefits including maternity rights and
extended retirement age;
8.7. Extend equality and non-discrimination to
all workers in the private sector;
8.8. Workers and their trade unions must be
part of economic influence and decision-making, especially control of their
pension funds;
8.9. Company stock ownership and profits should
be diverted into employee share funds to enable workers to have a controlling
stake in these companies;
8.10. Elected workers’ representatives should
be equally represented in the management and to decide corporate decisions,
including investments, technology, wages and prices;
9. Migrant Workers’ and
Refugees’ Rights
9.1. Accord full rights as workers to all
migrant workers irrespective of their immigration status, guarantee their
contracts are for the duration agreed to when they come to Malaysia, usually five
years and end year by year contracts for migrants;
9.2. All migrant workers should be given full
access to avenues of justice and there shall be no deportation until all
pending claims and cases, including at labour tribunals, criminal and civil
courts have been fully heard, disposed of and finally settled.
9.3. Migrant workers should have the right to
hold their passports and relevant visas and accorded the right to be heard
before their visas are cancelled and/or refused renewal;
9.4. Migrant workers should not be arbitrarily
deported or their visas cancelled based on justifications such as their having contracted
certain diseases, medical conditions and/or they have become pregnant;
9.5. Enact an Asylum Seeker Refugee Law to
ensure proper procedures and safeguards are in place for dealing with asylum
seekers/refugees in Malaysia, which should also include the right to judicial
review;
9.6. Ratify the
United Nations Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families and the UN Convention relating to the
Status of Refugees;
10. Uphold Women’s
Human Rights and Dignity
10.1. Implement at least 30% quota for women’s
representation in all decision-making bodies of government, the judiciary and
political parties in order to encourage greater participation by women in
public life;
10.2. Incorporate the Convention on the
Elimination of All Forms of Discrimination against Women (CEDAW) and its
provisions into national law guaranteeing equality for all in both public and
private spheres of life;
10.3. Review and amend all laws and
constitutional provisions that discriminate on the basis of gender;
10.4. Confront sexism and prejudice based on
gender stereotypes;
10.5. Equal pay for women holding similar posts
as men;
10.6. Establish appropriate measures,
including legal protection for the rights of women on an equal basis with men
and ensuring through competent national tribunals and other public institutions
the effective protection of women against any act of discrimination;
11. Protect the Rights of the Indigenous
peoples
11.1. Protect the right of the Orang Asal
to self-determination, including the right to own, control and use their
traditional lands, territories and resources on their own terms;
11.2. Protect the right of the Orang Asal
to sustainable development, access to basic needs and advancement of their
traditions and languages;
11.3. Follow through on Malaysia’s
endorsement of the United Nations Declaration on the Rights of Indigenous
Peoples (UNDRIP) by introducing policies and instituting legislation that
comply with its tenets;
11.4. Enact or amend state laws that
recognise and protect the native customary rights of the Orang Asal to their
traditional lands and territories.
12.
A Far-Sighted and Fair Education Policy
12.1. Reform the national education system
to promote quality holistic education, equal opportunities, social justice,
creativity, critical thinking as well as scientific and technological knowledge
required for research & development and vocational skills ;
12.2. Abolish discrimination on the basis
of ethnicity, religion, age, gender or creed relating to entry into educational
institutions;
12.3. Uphold the spirit of the Education Ordinance
1957 by supporting mother tongue education, building Chinese and Tamil schools
in areas where they are needed, ensuring proportionate financial support and
training of adequate teachers for these schools;
12.4. Recognise
the Unified Examination Certificate and provide financial support for the non-profit
mother tongue secondary schools so that the students can enjoy free education
as in other secondary schools;
12.5. Promote
the preservation and development of the indigenous peoples’ mother tongue
language and education.
13. A Progressive Economic Policy
13.1. Nationalise all utilities and essential
services including water resources, health, public transport, energy, ensuring
they are owned and controlled by the Malaysian peoples at federal, state and
local levels;
13.2. Implement a master plan for all federal
and state land to ensure judicious use for the public purpose and/or their sale
to the private sector at appropriate prices;
13.3. Rights to concessions and other licences
must be paid for at economic prices;
13.4. Promote self-governing workers’ cooperatives
to produce goods that are useful for society;
13.5. Ensure open tendering for all privatized
contracts;
13.6. Stop subsidies to big business which
invest in environmentally unfriendly enterprises and are energy guzzlers;
13.7. Promote a sustainable agricultural policy
to ensure self-sufficiency in rice and basic food items and to cut down on food
imports;
13.8. Provide fair and adequate support to all
sectors and distribute land justly to all farmers in need of land, irrespective
of ethnicity;
13.9. Modernise the New Villages by giving land
titles, improving infrastructure and government assistance for the small and
medium enterprises;
13.10. Rights to natural resources such as oil
and gas belong to the oil-producing states and thus proportionately more
revenue from these resources (60%) should accrue to these states; at the same
time, Petronas’ oil and gas production and investments must be transparent and
accountable to parliament and the public.
14. A progressive
fiscal policy to reduce income inequality and fund public services
14.1. Impose a higher marginal tax rate on high
income earners and a correspondingly lower tax rate for lower income earners;
14.2. An incremental Capital Gains Tax on
property;
14.3. A progressive inheritance tax;
14.4. Implement regular review and monitoring of
the tax laws and implementation to ensure there are no tax loopholes;
14.5. Review capital allowances and tax
holidays for foreign firms;
14.6. Regulate and impose a tax on all
international financial transactions and hedge funds;
14.7. No Goods and Services Tax;
14.8. A progressive tax on all luxury goods.
15. Protect animals
and the Malaysian environment
15.1. Re-gazette all previously gazetted
forests and wildlife reserves that have been de-gazetted since Independence;
15.2. Prevent degazettement of forests without
public hearing and clear notice;
15.3. Impose strict energy and water
conservation measures including incentives for energy efficiency and other
forms of demand management;
15.4. Ban all toxic industries which affect the
health of residents and ensure full consultation with people affected by
development projects;
15.5. Give incentives for development of solar
energy and other sustainable energy sources;
15.6. Enforce recycling measures in all local
authorities;
15.7. Enact laws to prevent cruelty to animals
and actively promote animal welfare.
16. An Improved Public
Health Care System
16.1. Ensure universal healthcare for all - all
persons in Malaysia should be entitled to free healthcare in the public sector;
16.2. Allocate at least 10% of the GDP in the
annual budget to healthcare;
16.3. Implement better conditions for doctors,
nurses and hospital workers in the public sector;
16.4. Provide homes and day-care centres for
the elderly and disabled through benefits, support services, including access
to mobile health care;
17. A People-Centred Social
Policy
17.1. Institute a Housing Development Board,
managed by elected local councils to implement an effective low-cost public
housing programme throughout the country for the poor and marginalized
communities with adequate space for community activities, recreation and green
areas;
17.2. Respect the rights of urban settlers in
any development plan to upgrade their area or to re-house them;
17.3. Improve the public transport system in
the country while regulating highway construction and car traffic in city and
town centres;
18. A Vibrant and Diverse Cultural Policy
18.1. Preserve
heritage in all its forms as a record of human experience and aspirations so as
to foster creativity in all its diversity and to inspire genuine dialogue among
cultures;
18.2. Artists
and arts experts should become more involved in the planning of both formal and
informal education;
18.3. Cultural institutions should develop youth provision policies and
programmes with specific intercultural goals;
18.4. Funds
for young minority artists and arts institutions should be made available
through specially targeted programmes;
19. Reduce crime and
increase public safety
19.1. Redeploy more police personnel on the
streets to reduce crime instead of using them to crack down on peaceful
assemblies and snooping on civil society;
19.2. Set up a Special Multi-Ethnic
Peace-Keeping Force to be deployed rapidly to any conflict involving ethnic
communities;
19.3. Curb corruption and ensure the highest
standards of professionalism in the police force in bringing drug dealers and
drug gangs to justice;
19.4. Involve the community in policing and the
criminal justice system;
20. Defence Cuts and a
Culture of Peace
20.1. Review our national defence policy to
promote a culture of peace and disarmament;
20.2. Promote ASEAN cooperation in order to
pool resources and slash arms spending in all ASEAN countries;
20.3. Cut the defence budget to below 1% of GDP
and apportion a correspondingly higher budget for health, education and social
services;
20.4. Set up a Parliamentary Defence Committee
chaired by an Opposition MP as well as an independent Ombudsman to oversee the
defence budget;
20.5. Abolish RELA - powers of arrest and
detention, and the right to bear firearms must be restricted to professionally
trained law enforcement officers.
ENDORSED BY :
1. Suara
Rakyat Malaysia
2. Tenaganita
3. Persatuan
Sahabat Wanita Selangor (PSWS)
4. Saya
Anak Bangsa Malaysia (SABM)
5. Civil
Right Committee, Kuala Lumpur & Selangor Chinese Assembly Hall (CRC KLSCAH)
6. Pusat
Komunikasi Masyarakat (KOMAS)
7. Persatuan
Masyarakat Wilayah Persekutuan & Selangor (PERMAS)
8. Community
Action Network (CAN)
9. Anak
Muda Sarawak (AMS)
10. Lawyers
For Liberty (LFL)
11. Malaysian
Against Death Penalty and Torture (MADPET)
12. Writer
Alliance for Media Independence (WAMI)
13. Jaringan
Rakyat Tertindas (JERIT)
14. Community
Development Center (CDC)
15. Foreign
Spouses Support Group
16. National Indian Rights Action Team (NIAT)
17. Persatuan
Kesedaran Komuniti Selangor (EMPOWER)
18. Malaysia
Youth and Student Democratic Movement (DEMA)
19. The
Peoples Service Organization (PSO)
20. Solidarity
for Civil Rights in China(SCRC)
21. Rainbow
Genders Society (RGS)
22. People's
Green Coalition (PGC)