From suited-up politicians to the Orang Asli, clad in shorts and T-shirts, people from all walks of life came forward to testify in the People’s Tribunal to reinforce Bersih’s arguments that the electoral process needs a major revamp.
The country has not seen anything like this before. A tribunal, or rather a platform for these ordinary citizens to voice out their grievances and injustices they experienced during the 13th general election.
It is clear from those who testified – from a candidate who had his security aide murdered to the Orang Asli who were promised roads and houses which never materialised – that they are frustrated.
“It’s been three days now and what is obvious to me is that the people just want a chance to tell their story.
“They have not been given a chance and if it was not for the tribunal, their stories would never have been heard,” said Bersih co-chair Datuk Ambiga Sreenevasan, pointing out how six Orang Asli travelled for more than a day from Pahang to Kuala Lumpur to testify at the tribunal.
She also said this in regard to the criticisms the tribunal has received in the last few days.
Yesterday, Attorney-General Tan Sri Abdul Gani Patail and Election Commisson (EC) chairman Tan Sri Abdul Aziz Mohd Yusof opined that the tribunal was merely a ‘publicity stunt’ with no legal grounds to make an impact.
“Yes we have no legal standi but these are Malaysians who want to defend their rights. The fact that the testimonies are coming from the people is what gives it power.”
But what can be achieved with this power?
Ambiga pointed out that the tribunal was meant to invoke change to the system, the election process in particular.
“Of course, all these would be pointless, if no changes are going to come out of this,” she said.
People’s tribunals are formed when the government institution has failed, said tribunal committee member Ivy Josiah.
“Like Murugan’s mom, for instance, it’s important for her to know that the people have heard her story, that there’s a team of lawyers on her case.
“It’s important for someone like her to be given the opportunity to speak up, that her son’s death was not in vain,” she said referring to the mother of murdered security aide of Tapah parliamentary candidate K. Vasantha Kumar.
Meanwhile, the absence of the EC – the body given the task carry out the election – and politicians from ruling party Barisan Nasional, has stuck out like a sore thumb at the tribunal which has been listening to grouses since Wednesday.
Not surprisingly, most allegations made at the tribunal were against the EC and BN.
Chief of legal team Professor Gurdial Singh made several mentions of both, pointing out that invitations were sent out seeking their presence at the tribunal.
But officials from both the EC and BN have turned down the invitations, with BN secretary-general Datuk Tengku Adnan Tengku Mansor even alleging that Bersih were the ones who had brought in foreigners to vote in the election.
“He should come to the panel with the evidence of that complaint about phantom voters because we are raising that particular issue here,” Gurdial said.
“We still appeal to him to come, with evidence, instead of just gesturing from the sidelines.”
As he regularly pointed out in his arguments, the panel, which included two foreigners, would have benefited a great deal if the EC had come to explain how exactly the process works and where the weaknesses are and where improvements could be made.
“But unfortunately the EC seems to have been wrongly advised by the AG that they should not participate. This hampers the comprehensive nature of this proceedings,” he added.
Gurdial noted that the KL War Crimes Tribunal by Tun Dr Mahathir Mohamad was the same as the People’s Tribunal, urging the AG not to dismiss these tribunals as publicity stunts.
“He should really come and see how serious this is,” the professor added.
But what happens after Sunday (when the five-day tribunal ends), after all the evidence is presented and witnesses have testified?
“Hopefully, the results of this tribunal would further advocate free and fair elections. We want an outside perspective and this is an independent finding. So we are hoping there are specific recommendations for electoral reform,” Josiah said.
Gurdial said the findings would also be presented to the public to be scrutinised.
“We will not stop talking about the 13th general election until there is change,” Ambiga promised. – September 21, 2013.
