Regional lawmakers urge Malaysian Election Commission to reverse disqualification of MP Tian Chua

JAKARTA – ASEAN Parliamentarians for Human Rights (APHR) expressed serious concern today about the Malaysian Election Commission’s decision to bar lawmaker and APHR member Tian Chua from being nominated as a candidate in the upcoming general election, scheduled for 9 May.

The collective of regional lawmakers urged the Commission to reverse its decision, arguing that the move, in conjunction with a series of other recent government decisions, threatened the legitimacy of the vote.

“This is an extremely worrying development, which undermines the credibility of next week’s polls,” said Indonesian MP Eva Kusuma Sundari, an APHR Board member. “The Election Commission should be working to protect the integrity of the electoral process and promoting broader participation, not blocking legitimate candidates from contesting.”

On 28 April, Tian Chua’s nomination as a candidate for Parliament was rejected by the Election Commission on the basis of an earlier conviction, for which he was fined 2,000 Malaysian ringgit, despite the High Court having affirmed on 2 March that the fine would not amount to a disqualification. The following day, Tian Chua filed legal proceedings to challenge the Election Commission’s decision, which the High Court dismissed yesterday, citing a lack of jurisdiction.

“Barring MP Tian Chua from contesting the election represents a clear violation of not only his civil and political rights, but also the rights of his constituents to freely choose their representative. The right to contest should only be restricted in very limited circumstances, and the central decision should be left to voters,” Sundari said.

“Tian Chua’s disqualification on the basis of a relatively small fine runs afoul of international standards, particularly given that he has served honorably as an MP in the past. Furthermore, the High Court just recently confirmed Tian Chua’s right to run. Given this context, the Election Commission’s decision appears suspect,” she added.

As polling day draws near, Tian Chua’s disqualification is only one of a growing number of moves by the authorities, which have undermined the integrity of the upcoming election. These include a controversial re-delineation exercise, designed to benefit the ruling Barisan Nasional coalition, which was rammed through Parliament at the end of March.

“When the redistribution of voters is driven by partisan gain, it distorts the representation between legislators and their people. This creates an uneven playing field for the candidates and runs afoul of democratic norms and practices,” said APHR Board Member Teddy Baguilat, a member of the Philippine House of Representatives.

In addition, the Election Commission recently rejected a request by the Malaysian Human Rights Commission (SUHAKAM) to monitor the upcoming vote.

“Authorities should be welcoming independent observers, including SUHAKAM. These groups could help boost voter confidence and strengthen the legitimacy of the election. Blocking them from monitoring has the opposite effect,” Baguilat said.

Regional MPs urged Malaysian authorities to take measures to ensure as fair a vote as possible.

“The upcoming election represents an important opportunity for Malaysia to enhance its respect for democratic principles. A free and fair election must include the equal opportunity for candidates to contest and the right for citizens to choose their representatives freely. That is the standard Malaysia must be held to,” Baguilat concluded.