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[UPDATED] Integrity groups call for better protection under Whistleblowers' Act to encourage more reports

KUALA LUMPUR: The Whistleblower Protection Act should offer more protection from retaliation to encourage civil servants to come forward and report misconduct, says corruption watchdogs.

Malaysia Corruption Watch president Jais Abdul Karim said although there were laws to protect whistleblowers, many were not confident that they would be fully protected and had chosen to remain silent.

"Civil servants often worry about the possibility of retaliation, including demotion, dismissal or workplace harassment. The fear of losing their job or source of income is a major deterrent.

"Although there are laws in place to protect whistleblowers, many are not confident that they will be fully protected if they report corruption cases. The perception of weaknesses in the enforcement of these laws causes many to remain silent.

"In some organisations, a 'couldn't-care-less' culture and a lackadaisical attitude towards corruption make civil servants feel that reporting misconduct is futile because no action will be taken," he said today.

He added that it was important to create awareness among civil servants about their rights and the protections available as whistleblowers, including through awareness programmes, continuous education and simulation training.

Among other methods, he suggested for the government to provide whistleblowers with legal and psychological support, besides an anonymous platform for tip-offs.

"MCW suggests strengthening the whistleblower protection laws by expanding the scope of protection and ensuring more rigorous enforcement. This includes providing guarantees that whistleblowers will not face any form of retaliation.

"Providing an up-to-date platform that allows civil servants to report corruption anonymously would surely reduce the fear of retaliation. This system should be monitored by an independent body to ensure confidentiality of information and fair responses.

"Whistleblowers should also be provided with psychological and legal support throughout the reporting and investigation process. This will help them cope with the pressure and maintain the courage to report misconduct," he said.

He added that providing recognition and incentives to whistleblowers who help uncover corruption could encourage more civil servants to come forward.

Earlier, Enforcement Agency Integrity Commission (EAIC) chairman Tan Sri Dr Ismail Bakar called on all Malaysians to embody the spirit of independence in conjunction with the 67th National Day by courageously opposing misconduct and corruption.

He said fighting corruption and misconduct was everyone's responsibility, whether they were department heads, politicians or members from all branches of government, in upholding the spirit of integrity and refraining from corruption.

Transparency International Malaysia president Dr Muhammad Mohan said the lack of reports from civil servants could be attributed to a flaw in the Whistleblower Protection Act, which could backfire on them for leaking government secrets.

"Civil servants are afraid because of the flawed Whistleblower Protection Act. Under Section 6 of the act, it says protection will be given provided it is not prohibited by any other written laws.

"Civil servants, when they join the service, are subject to the Official Secrets Act. So how will they come and report? They can be accused of leaking government secrets," he said.

He added that the act must be amended so that whistleblowers are given the assurance that when they report wrongdoings, there would be no retaliation.

"The amendments are ready only waiting for the government to table in Parliament," he said.

Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran told Parliament on March 4 that the proposed amendments to the Whistleblower Protection Act 2010 were scheduled to be tabled this year.

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