Sarawak youth file judicial review to lower voting age before state polls


Desmond Davidson

FIVE Sarawak youths have filed a judicial review in the Kuching High Court to compel the prime minister, government of Malaysia, and the Election Commission (EC) to lower the voting age from 21 to 18, and to do so by July, before the expected Sarawak elections in August.

The application of Ivan Alexander Ong, founder of civil society Impak Pemuda, Viviyen Desi Geoge, Tiffany Wee Ke Ying, Grace Chang Swee Ern and Sharifah Maheerah Syed Haizir, was filed by their legal counsels Simon Siah and Clarice Chan.

The young Sarawakians, representing the Undi Sarawak campaign, are seeking declarations that the government’s action in delaying the lowering of the voting age is irrational, illegal, disproportionate and amounts to voter suppression.

They are also seeking a declaration that 18- to 20-year-olds have a legitimate expectation that they will have the right to vote by July 2021.

Their application will be heard on May 6.

The youths, who held a press conference in Kuching today to announce their suit, say the delay to implement the lower voting age to next year will affect between 125,000 to 135,000 Sarawakians under the age of 21, who will not be able to vote in the state elections.

The Sarawak state assembly automatically dissolves on June 6 but an election cannot be called because of the nationwide state of emergency, ostensibly to fight the Covid-19 pandemic.

The elections are now widely expected after the emergency is lifted on August 1.

When asked why the judicial review was only filed now, lawyer Siah said the filing was still well within the legal requirement of the 90-day period from March 25.

This is the date EC chairman Abdul Ghani Salleh said that both the automatic voter registration and lowering of the voting age will only be implemented after September 1, 2022.

The youths also had to vet their candidates for the legal suit.

“Undi Sarawak holds firm to our belief that youth between the ages of 18 to 20 are owed their constitutional right to vote.

“This is made more pertinent for approximately 125,000 to 135,000 Sarawakians aged 18 to 20, as Sarawak state election ought to be held by August 7 once the ongoing emergency period ends in early August.

“Hence, Undi18 must be implemented by July 2021 to ensure these young Sarawakians can exercise their rights as first-time voters during the upcoming state elections,” their statement today read.

One of the claimants, Sharifah Maheerah, said young Sarawakians deserve to be heard and should be entitled to cast a vote should state elections take place this August.

“We cannot do (vote) so if Undi18 is implemented in September 2022. We will not stand for any form of voter suppression and will not sit quietly as our right to vote is denied.”

She said just as Malaysian youths are capable of upholding responsibilities such as earning jobs, paying taxes, and supporting their families, they are also fully capable of making their own decision during an election.

While Parliament has yet to make amendments to Article 119 of the federal constitution to lower the voting age, the Sarawak legislative assembly had passed a bill lowering the age last December. – May 4, 2021.


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