LETTERS: Congratulations, Datuk Seri Azam Baki, for being appointed as the Malaysian Anti-Corruption Commission (MACC) Chief Commissioner, the 14th anti-corruption agency chief.
Assessing our pasts and thinking aloud on what have transpired in the last 20 months, it seems that MACC has done better than expected. And some decisions made by previous government, not all, have been wiser ones and it is going to make us a better nation towards a culture of integrity.
For a start, MACC, among nine other government agencies, has been operating as independent entity since 1st July 2018 and to report directly to Parliament.
MACC, previously known as Anti-Corruption Agency (ACA), was established in 2009, modelled after the Hong Kong anti-corruption commission, the Independent Commission Against Corruption (ICAC) with the hopes that our MACC would be able to combat, curb and curtail corruption more effectively in Malaysia.
One of the most important and unique features of the MACC is its five independent committees that monitor the MACC to ensure its integrity and to protect citizen's rights.
These five committees are namely (a) Anti-Corruption Advisory Board, (b) Special Committee on Corruption, (c) Complaints Committee, (d) Operations Review Panel, and (e) Corruption Consultation and Prevention Panel. Even Hong Kong’s ICAC does not have these five committees.
However, sad to say that these MACC committees have not been operational for a while. MACC, one of some 150 anti-corruption agencies around the world today, can offer an effective institutional approach to eradiating and fighting corruption, but only if MACC is provided with the means to carry out its mission.
Too often than not, many an anti-corruption agency has been thwarted by political interference or hampered by puny budgets.
Therefore, our government of the day must ensure that not only our MACC is capable, functionally independent and well-resourced anti-corruption agency in line with United Nations Convention Against Corruption (UNCAC) Article 6 – Preventive Anti-corruption Bodies and Article 36 – Specialized Authorities but also the Jakarta Statement on Principles for Anti-Corruption Agencies.
This Jakarta Statement provides more credible guidance and parameters for a strong anti-corruption agency for the States and merits endorsement by the UNCAC Conference of States Parties.
Among them, is to have clear mandates to tackle corruption through prevention, education, awareness raising, investigation and prosecution and the anti-corruption agency head shall be appointed through a process that ensures his or her apolitical stance, impartiality, neutrality, integrity and competence.
Malaysia signed the UNCAC on 9th December 2003 and subsequently ratified it on 24th Sept 2008. The Convention entered into force on 4 October 2008 for Malaysia.
The MACC has been met with certain drawbacks in the past. The public sentiment about the state of corruption has about to improve as seen in Malaysia’s performance in the Transparency International’s Corruption Perception Index (CPI) 2019 which Malaysia scored 53/100 points and positioned at 51/180.
Only one year into our National Anti-Corruption Plan, Malaysia has jumped 10 spots to 51st place out of 180 countries from previous year’s 61st place with a score of 47/100.
Still, MACC requires more autonomy and independence from the executive in order for it to eradicate corruption effectively. MACC must be given full and complete independence as a constitutional body.
The appointment of the new chief commissioner must be independent and not be influenced by anyone in higher power and authority. The new chief must have the security of tenure and he must be able to act without fear or favour.
Dr KM Loi
Subang Jaya
The views expressed in this article are the author’s own and do not necessarily reflect those of the New Straits Times