CHAPTER 1
such as literature review and conducting public polls and surveys for public
opinion and perspective on each treaty. The researchers conducted
interviews and circulated written questionnaires, as well as held virtual
consultations and roundtable discussions with subject matter experts,
relevant government agencies and CSOs.
In the 13-month research period, which included a three-month extension
because of COVID-19 and subsequent MCO, CMCO and Recovery
Movement Control Order (RMCO), each consultant submitted three
progress reports, a draft research report and their final submission for review
and feedback by SUHAKAM’s Research Committee.
This research project is expected to be completed in 2021.
7. FREEDOM OF ASSOCIATION AND ANTI-HOPPING LEGISLATION FROM HUMAN
RIGHTS PERSPECTIVE
In recent times, Malaysia has experienced a never-ending occurrence
of Members of Parliament (MPs) and State Legislative Assembly Members
(ADUNs) switching parties to suit their personal and political agendas. The
right to vote, as stated under Article 119(1) of the Federal Constitution,
forms the basis for the elected representative’s authority to be part of the
governing apparatus. It is the Rakyat’s choice that legitimises those who
make up the Government. Hence, if an elected representative decides to
switch to a new party as he/she exercises the right to association, citizens
should be allowed to automatically exercise their right to vote and choose
a representative again.
Freedom of association is well recognised under Article 20(1) of the UDHR
and Article 22(1) of the ICCPR. In this regard, the Government has the
obligation not to unduly obstruct the freedom of association and the
members of the association should be free to determine their status and
to make decisions without the Government’s interference. Political parties
are central to the exercise of citizens’ right to vote and conduct of public
affairs; and the proper functioning of a democracy. At the same time,
practices of switching of political loyalties by elected representatives have
significantly undermined the confidence of the voters.
In numerous countries, including India, Singapore, South Africa and New
Zealand, have introduced mechanisms in the law to overcome the
practices of switching political parties. For example, the Constitution of the
Republic of Singapore provides that the seat of the member of the house
ANNUAL REPORT 2020
27