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Berikut adalah laporan berita yang disiarkan di Malaysiakini pada 18 September.

TI: Nation found wanting in tackling corruption

Yoon Szu-Mae
11:42am Thu Sep 18th, 2003

Malaysia’s systems and institutions to counter corruption and abuse of power are not working because of lack of political will, unwilling legislature, weak enforcement of laws and absence of public outrage.

Transparency International’s (TI) Malaysian chapter, in a special report released last week, also attributes the situation to agencies that are "not truly independent" including the Anti-Corruption Agency, Auditor-General’s office, and Public Complaints Bureau.

The report, based on a commissioned survey, evaluates the performance of institutions and public services assigned to check inefficiency, abuse and corruption.

TI, a non-governmental organisation, notes that the report "is released at a time when the government’s service delivery has come under close public scrutiny".

It is critical of the fact that government officials had refused to grant interviews or provide feedback on public perceptions on these issues.

"We regret the attitude of unhelpfulness adopted by the government, and one that seems to us to be unnecessarily defensive," TI president Tunku Abdul Aziz says in the report.

"The government should learn to adopt a more inclusive and open style when dealing with organisations that are promoting good governance through higher standards of public ethics."

He points out that Prime Minister Dr Mahathir Mohamad and his deputy Abdullah Ahmad Badawi have repeatedly asserted the government’s seriousness in tackling corruption.

Prosecution powers

The report makes several broad recommendations on improving public services by way of establishing:

- Functional autonomy for watchdog bodies

- Right to information and access to public records

- Transparency in public procurement procedures and contracts for privatised projects

- Public consultation in appointing key officials like the Attorney-General, Chief Justice, Auditor-General and human rights commissioners

The ACA’s functions are given particular attention. The report recommends that the agency be removed from the jurisdiction of the Prime Minister’s Department and given powers to prosecute. At present, prosecution is done through the Attorney-General’s Chambers.

"While the ACA has power to initiate investigations and to recommend prosecution, the final decision to charge rests with the Attorney-General, who is perceived to be highly susceptible to influence from his political masters," it says.

Without autonomy, the ACA chief and its officers, as civil servants, cannot help but be beholden to the prime minister and those who control its purse strings.

The report also explains why it is necessary to open up the process of appointing the Attorney-General and the Auditor-General.

"The Attorney-General as the public prosecutor is responsible for instituting or discontinuing prosecution, is responsible purely on the merits of the case...in practice he seems to be biased in favour of the political executive."

However, the office of the Auditor-General is greatly weakened as it can only make recommendations - the system does not allow for follow-up, investigation or prosecution.

The report recommends that the appointment of all key persons be made in consultation with civil society groups.

Malaysian culture

Frustration over the abysmal performance of local councils is also addressed.

"It would be no exaggeration to state that corruption is rife in city councils, district councils and local authorities," the report says.

The opacity of council action and appointments have resulted in local councillors having little regard for the public that they (are supposed to) serve.

"The public can only watch helplessly as unnecessary public works are carried out, or contracts are handed out at patently inflated prices, and rhetorically ask for whose benefit they are being done."

In the awarding of privatisation contracts, it notes that there is no competitive bidding as the government alone identifies and invites companies to submit bids.

Even the existence of "elaborate guidelines" has failed to dispel the perception of rampant corruption - with privatisation projects being labelled as "rich feeding grounds for cronyism".

In addition to greater transparency, the report suggests that "assets and lifestyles" of procurement officers be monitored, and for contracts to be made available for public feedback.

Other important proposals include a call for the revision of the Official Secrets Act to prevent concealment of corruption and punishment of whistleblowers. It calls for enactment of a Freedom of Information Act, and for laws that muzzle media freedom to be reviewed.

However, the report adds that it would be insufficient to merely improve systems if this is not accompanied by corresponding changes to the Malaysian culture of tolerating and abetting corruption