Combating Corruption: Understanding Anti- Corruption
Transcription
Combating Corruption: Understanding Anti- Corruption
Combating Corruption: Understanding AntiCorruption Initiatives in Malaysia By Anis Yusal Yusoff, Sri Murniati & Jenny Greyzilius www.ideas.org.my 1 November 2012 IDEAS REPORT Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Preliminary Research Report By Anis Yusal Yusoff, Sri Murniati & Jenny Greyzilius www.ideas.org.my 2 www.ideas.org.my 3 Contents About the Author www.ideas.org.my 4 7 List of Tables, Diagrams and Charts 8 Introduction 9 Chapter 1: The Cost of corruption in Malaysia 1. 1 Introduction 1.2 Measuring corruption in Malaysia: the CPI and GCB 1.3 The cost of corruption: theoretical framework 1.3.1 The economic effects of corruption 1.3.2 The political costs of corruption 1.3.3 The social costs of corruption 1.4 Estimates of cost to Malaysia 1.4.1 The cost on the economy 1.4.2 Political cost to democracy and accountability 1.4.3 Social cost 1.5 Concluding remarks 11 Chapter 2: A historical overview of efforts to combat corruption 2.1 Under the British and early independence 2.2 Tun Dr Mahathir Mohamad’s era 2.3 Tun Abdullah Ahmad Badawi’s era 2.4 Dato’ Sri Najib Razak’s era 2.5 Conclusion 28 Chapter 3: Examples of anti-corruption initiatives in Malaysia since 2004 3.1 Government initiatives 3.1.1. Malaysian Anti-Corruption Commission 3.1.2 The Malaysian Institute of Integrity (IIM) 3.1.3 The National Integrity Plan 3.1.4 The NKRA-Corruption Monitoring and Coordination Division 3.1.5 Tackling corruption in enforcement agencies 3.1.6 Tackling corruption in the procurement process 3.1.7 Introducing better deterrents 3.1.8 Clearing backlog of corruption cases 3.1.9 Promoting good governance in the private sector 3.2. Civil society initiatives 36 www.ideas.org.my 5 Chapter 4: Evaluation of the initiatives 4.1 The need to address root causes of corruption 4.2 Redundancies and duplications 4.3 Strengthening enforcement initiatives 4.4 Concluding remarks 46 Chapter 5: Preliminary conclusions and recommendations 5.1 Preliminary conclusions 5.2 Preliminary recommendations 54 About the Author Anis Yusal Yusoff has actively been promoting good governance and integrity for over two Chapter 6: Annotated bibliography 56 6.1 Studies of corruption in the Malaysian context 6.2 IIM Publications 6.3 Asian perspectives, with mentions of Malaysia 6.4 General works on corruption 6.4.1 General overview of the study of corruption 6.4.2 Methodological approaches 6.4.3 Political economy perspectives 6.4.4 Vast collection of journal articles and book chapters on different aspects of corruption in Williams et. al.’s The Politics of Corruption series decades through his writings and previous work with the United Nations Development Programme and the Malaysian Institute of Integrity. He was the Protem Secretary General of the Kuala Lumpur Society for Transparency and Integrity (now known as the Malaysian Chapter of Transparency International). Anis has written and edited 6 publications and numerous articles on this subject. He has been appointed by the Prime Minister of Malaysia to be a member of the Consultation and Corruption Prevention Panel of the Malaysian AntiCorruption Commission (MACC) since 2009. Anis is attached to UKM as Principal Research Fellow at its Institute of Ethnic Studies (KITA) and he is also Senior Fellow at IDEAS. Sri Murniati is a researcher at IDEAS. She holds an MA in Political Science from Ohio University. She previously worked as project manager/editor at Common Ground News Service and researcher for Centre for the Study of Religion and Culture at Syarif Hidayatullah Islamic University of Jakarta, Indonesia. Jenny Greyzilius is senior researcher at IDEAS. She holds an MA in comparative politics from the University of Essex and an Advanced Master in Social Policy Analysis from the Catholic University of Leuven. She previously worked with the EUROMOD Project at the Institute of Economic and Social Research at the University of Essex. © November 2012 IDEAS Malaysia Institute for Democracy and Economic Affairs (IDEAS) D6 Taman Tunku, Bukit Tunku 50480 Kuala Lumpur, Malaysia Email: [email protected] Tel: +60 3 6201 8896 / 8897 Fax: 03 6211 0222 www.ideas.org.my 6 www.ideas.org.my 7 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia List of Tables, Diagrams and Charts Introduction TABLES Table 1 : List of data sources used in the 2011 CPI Table 2 : Malaysia’s score and ranking in the CPI (2003-2011) Table 3 : 2011 Bribe Payers Index Table 4 : Malaysia’s score in the BPI over the years Table 5 : Malaysia in GCB Table 6 : The CPI score against economic indicators Table 7 : Level of confidence in various public institutions in Malaysia Table 8 : Active membership in organisations and level of trust on people Table 9 : The 2004-2008 NIP target and its measure of success Table 10 : Number of offenders in the Corruption Offenders Database Table 11 : First TI-Malaysia Executive Committee Table 12 : List of universities in which the MACC and the IIM established platform for students’ anti-corruption programme Table 13 : Examples of public education programme through mass media in 2010 Table 14 : Online procurement portals DIAGRAMS AND CHART Diagram 1 : The vicious cycle of corruption Diagram 2 : The development of anti-corruption laws in Malaysia Diagram 3 : The development of anti-corruption agency in Malaya and Malaysia Chart 1 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia to fight corruption in Malaysia since Independence in 1957. This interim report is an attempt to compile the first “history” of the fight against corruption in Malaysia by providing an overview of initiatives taken by various agencies, groups and organisations over the last few decades. We are publishing this as an interim report in the hope that we can generate a debate and solicit feedback on the points that we raise. We fully appreciate that some of the issues we raise in this interim report may create disagreement among readers. Chapter 3: Examples of anti-corruption initiatives in Malaysia since 2004— this chapter describes the initiatives by the government, private sector and civil society organisations, from 2004 to 2012. Chapter 4: Evaluation of the initiatives — this chapter critically looks at some of the initiatives discussed in the previous chapter and assesses their effectiveness. Further development of this report will require more input, assistance and advice from all parties. We wish to collate information and material on anti-corruption and the promotion of integrity from as many sources as possible. It is our hope that you can help us by sending us your inputs, criticism, and suggestions before 31 December 2012. Chapter 5: Preliminary recommendations. There are two reasons why we are launching this interim report today, on 26 November 2012. First, we want to commemorate this year’s National Integrity Day (5 November) and International Anti-Corruption Day (9 December). Second, it is also the 73rd birthday of Tun Abdullah Haji Ahmad Badawi, Malaysia’s fifth Prime Minister. After more than two decades of questioned democracy, Malaysia saw a significant enlargement of democratic space under Tun Abdullah’s premiership, and the institutionalisation of many steps to build integrity and reduce corruption. We take this opportunity to thank Dato’ Anthony Cooper, a governor of Yayasan Tinggi, for providing us with seed funding to start the project. The grant was made in memory of his late stepfather, Richard Middleton-Smith, a former Malayan Civil Service officer. In a crackdown against police corruption in 1952, Middleton-Smith was given special investigation duties and he organised Singapore’s Corrupt Practices Investigation Bureau (CPIB), of which he was the first Director. We also want to thank the British High Commision in Kuala Lumpur, the Malaysian Anti-Corruption Commission (MACC), the NKRA Corruption Monitoring and Coordination Division, the Malaysian Anti-Corruption Academy (MACA), the Malaysian Institute of Integrity (IIM), and the Friedrich Naumann Foundation for Freedom, for their support and funding for this project. We are forever indebted to both our foreign and local funders. Chapter 1: The cost of corruption in Malaysia — this chapter describes the damages that can be or are being caused by corruption to Malaysia. Chapter 2: A historical overview of efforts to combat corruption — this chapter provides an outline of legal and institutional provisions set up by the government www.ideas.org.my 8 www.ideas.org.my and Chapter 6: Annotated bibliography — this chapter provides an annotated bibliography of selected books and journal articles on anti-corruption and on promoting integrity, particularly in Malaysia. This interim report is organised in six chapters: : Trend comparison between the CPI score and economic Indicators conclusions 9 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Chapter I: We wish to emphasise again that this is not the final report. Please support us by sending your suggestions, ideas and materials. We are very grateful for any input and feedback you might have. The cost of corruption in Malaysia 1. 1 Introduction the actual level of corruption and does not inform us whether the corruption level in a country has increased or decreased. An increase in the number of corruption cases reported, for example, does not necessarily indicate an increase in the actual incidence of corruption because it probably represents increasing awareness among citizens of the harmful effects of corruption. Similarly, a decrease in the number of cases investigated may simply mean there is a weak enforcement regime in place. Either way, exact actual incidences are not measured. Corruption can be generally defined as the abuse of public office or any entrusted authority for the purpose of illegal private gain.1 Bribery is the most recognised form of corruption. Most of them are associated with receiving or giving payment or obtaining or giving benefit or service illegally. However, it can also involve influence peddling through, for example, hidden financial relationships and campaign contributions that make those in public office “divert resources to benefit well-connected at the expense of the public interest”.2 The United Nations includes embezzlement (exploitation of position to steal public money) or any forms of misappropriation of public money, fraud, extortion, illicit enrichment, abuse of functions, nepotism, and exploiting conflict of interest as corruption.3 Anis Yusal Yusoff, Senior Fellow Sri Murniati, Researcher and Project Manager Jenny Greyzilius, Senior Researcher Institute for Democracy and Economic Affairs (IDEAS) That is why the most frequently used measure of corruption is the public’s perception of corruption. One of the most widely cited measure is the Corruption Perception Index (CPI) created by Transparency International. Another measure is the Global Corruption Barometer (GCB), which is also created by Transparency International. While many agree that corruption is damaging to the progress of a nation, accurately measuring the level of corruption and its cost to the country is a notoriously difficult task. To measure the level of corruption is difficult due to its secretive nature. Using the number of corruption cases reported to anti-corruption agency, or the number of corruption cases investigated and prosecuted does not give us When it comes to the measuring the cost of corruption (instead of the incidence), we are faced with the dual problem of not being able to estimate fully the actual level of corruption to begin with, and the mammoth task of estimating the effects that corruption is having on society. There are many variables involved, and different statistical associations can be derived. But we cannot be sure whether a particular variable is the cause or the consequence of corruption, or if the relationships are simply correlational or actually causational. 1 See World Governance Forum. (March 2012). Prague Declaration on Governance and Anti-Corruption; and Rose-Ackerman, Susan. (1999). Corruption and government: causes, consequences, and reform. 2 World Governance Forum, 2012. 3 See UNODC. (September 2004). United Nations Handbook on Practical Anti-Corruption Measures for Prosecutors and Investigators. Retrieved from www.unodc.org/pdf/crime/corruption/Handbook.pdf. or United Nations Convention Against Corruption. Retrieved from http://treaties.un.org/ doc/source/RecentTexts/Corruption_E.pdf. www.ideas.org.my 10 www.ideas.org.my In this chapter we will attempt a description of the costs of corruption to Malaysia, but we will not give a 11 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia new financial estimate of such cost. Better-resourced authors have conducted more in-depth studies to come up with financial estimates, and we will use their numbers when necessary. score from all the data sources. The data sources used to build the 2011 CPI is summarised in Table 1, and the right-hand column describes if a particular data source applies to Malaysia. We will start by briefly describing Malaysia’s position in the Corruption Perception Index (CPI) and the Global Corruption Barometer (GCB), and we will critically examine the strengths and weaknesses of these two tools in informing us of the state of corruption in Malaysia. If judged by perception alone, as we can see in Table 2, it would seem that Malaysia has become increasingly corrupt over the past five years. According to the CPI, Malaysia is today perceived as more corrupt than in the early 2000s. We sunk from the 37th place in 2003 to 60th in 2011. This is partly due to new countries being added to the ranking each year. But during the same period our score has been decreasing quite significantly too, from 5.2 to 4.3 (out of 10, being the best).4 This is a clear indication that the perceived level of corruption in Malaysia had worsen. We will then outline what other studies say are the cost of corruption to society. We will look at the economic costs, including lowered economic growth rates, reduced levels of investments and increased wealth inequalities. The democratic costs will be considered next because corruption brings a reduction in democratic accountability and loss of trust in public officials. We will also examine the cost of corruption to society at large, where high levels of corruption have been found to reduce adherence to the law as well as trust in civil society. We then move on to apply these theoretical discussions to the case of Malaysia and determine how corruption is affecting Malaysian society. Giving an accurate figure of the cost of corruption in Malaysia is beyond our ability in this study as we are restricted by resource availability and therefore we will use numbers produced by others in our discussion. Nevertheless, while the perception measure is clear, it is less clear if the actual incidences of corruption have increased. Perception does not always equal reality. As stated on the CPI’s own website, the CPI score and ranking does not represent the absolute levels of corruption in a country. Instead it represents the situation as perceived by those “in a position to offer assessment of public sector corruption”.5 www.ideas.org.my Table 1: List of data sources used in the 2011 CPI No Name of Data Source – Organisation Used to calculate Malaysia’s CPI Score? 1 Governance Ratings - African Development Bank The ADP is a regional multilateral development bank engaged in promoting development on the African continent. The ratings is the bank’s assessment on how effective a country’s institutional framework is in using development assistance. In relations to corruption, experts are asked to assess transparency, accountability and corruption in public sectors by assessing: • the accountability of the executive to oversight institutions and of public employees for their performance • access of civil society to information on public affairs • state capture by narrow vested interests Country Performance Assessment - Asian Development Bank The Asian Development Bank is a regional multilateral development bank engaged in promoting social development in Asia. The bank operates a performance based policy in providing assistance and its CPA is its tool for measuring how a country is using resources. In relations to corruption, experts are asked to assess transparency, accountability and corruption in public sectors by assessing: • the accountability of the executive to oversight institutions and of public employees for their performance • access of civil society to information on public affairs • state capture by narrow vested interests Sustainable Governance Indicators - Bertelsmann Foundation The Bertelsmann Foundation is a private foundation concerned with improving education, economic systems and international understanding. The SGI is experts’ assessment on governance and policy making in OECD countries for the purpose of evaluating each country’s need for reform. Question used by the CPI is to what extent are public officeholders prevented from abusing their position for private interests? Country Risk Assessment - Economist Intelligence Unit The Economist Intelligence Unit is a global research and advisory firm that produces business intelligence for policy makers worldwide. Its Country Risk Assessment are designed to provide analysis of the risks of financial exposure. On assessing corruption, it uses these following questions: • Are there any clear procedures and accountability governing the allocation and use of public funds? • Are public funds misappropriated by ministers/public officials for private or party political uses? • Are there special funds for which there is no accountability? • Are there general abuses of public resources? • Is there a professional civil service or are large numbers of officials directly appointed by the government? • Is there an independent body auditing the management of public finances? • Is there an independent judiciary with the power to try ministers/public officials for abuses? • Is there a tradition of paying bribes to secure contracts and gain favours? No 2 3 4 1.2 Measuring corruption in Malaysia: the CPI and GCB The Corruption Perception Index (CPI) is a composite index combining several data sources which are then standardised into a common scale between 0 to 10. This is one of the most frequently cited measures of corruption worldwide. For a country to be included in the CPI ranking, there must be more than three sources of data for that particular country. This means, a country can be included even if it does not have a Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia 4 Transparency International. (2011). Corruption Perception Index. Retrieved from http://cpi.transparency.org/cpi2011/. 5 Transparency International. 2011. What is the Corruption Perception Index. Retrieved from http://cpi.transparency.org/cpi2011/in_detail/. 12 www.ideas.org.my 13 No No Yes Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia No Name of Data Source – Organisation Used to calculate Malaysia’s CPI Score? No Name of Data Source – Organisation Used to calculate Malaysia’s CPI Score? 5 Transformation Index - Bertelsmann Foundation The Bertelsmann Foundation’s Transformation Index is experts’ assessments on the state of transformation and management performance in certain countries. In relation to corruption, the experts are asked to assess: • To what extent are public officeholders who abuse their positions prosecuted and penalized? • To what extent does the government successfully contain corruption? Nations In Transit - Freedom House Freedom House is an independent watchdog supporting democratic change around the world. Nations in Transit measures democratisation in 29 nations and administrative centres throughout Europe and Newly Independent States. Sample of questions asked: • Has the government implemented effective anti-corruption initiatives? • Is the government free from excessive bureaucratic regulations, registration requirements, and other controls that increase opportunities for corruption? • Are there adequate laws requiring financial disclosure and disallowing conflicts of interest? • Does the government advertise jobs and contracts? Global Insight Country Risk Ratings – HIS IHS is a global information company providing services covering macroeconomics, country risk and individual sector analysis. Their Country Risk Ratings reflects experts’ perceptions on the comparative level of the problem in countries being assessed. The ratings assess the broad range of corruption, from petty bribe-paying to higher-level political corruption and the scores assigned to each country are based on a qualitative assessment of corruption in each country/territory. The World Competitiveness Year Book – IMD IMD is a business school with headquarters in Lake Geneva and bases around the world. Its World Competitive Year Book is a survey that examines how a nation’s socio-political and economic climate affects corporate competitiveness. For corruption, respondents are asked: ‘Bribing and corruption: Exist or do not exist.’ Political And Economic Risk Consultancy PERC is a consulting firm specializing in strategic business information for East and Southeast Asia that produces different a range of risk reports. The data for the CPI is gathered from corruption newsletter which gathers and interprets data From an executive opinion survey of local and expatriate businesspeople. Respondents were asked whether they perceive corruption being a problem in certain positions or institutions. International Country Risk Guide - Political Risk Services PRS is a New York based political risk analysis group. Its Country Risk Guide is intended to provide political, economic and financial risk ratings for countries with significant international business. The ICRG ratings are supposed to offer a map of the opportunities and potential pitfalls of the 140 countries surveyed. The Guide is primarily concerned with potential corruption from excessive patronage, nepotism, job reservations, exchange of favours, secret party funding, and suspicious ties between business and politics. Country Performance and Institutional Assessment - World Bank The CPIA is the assessment of the Bank’s staff on economic management, structural policies, social inclusion and public sector management of countries eligible for aid from International Development Association (IDA). They are assess transparency, accountability and corruption in the public sector. Yes 12 Bribe Payers Survey- Transparency International Transparency International is the global civil society organisation which compiled the CPI. The Bribe Payers Survey asks business executives in 30 countries about their perceptions of bribery and corruption in their country of operation and in countries they do business with. Survey Respondents were asked: • “In your opinion, how common is it for public officials to demand or accept bribes in this country?” • “In your opinion, how common is the misuse of public funds for private gain in this country?” Executive Opinion Survey - World Economic Forum The WEF is an independent non-profit organisation which engages businesses, leaders and academics to shape global agendas. The survey is annual survey of business executives. For corruption, respondents are asked to rate how common the diversion of public funds to companies, individuals, or groups due to corruption and how common for firms to make undocumented extra payments or bribes connected to the following: • Imports and exports • Public utilities • Annual tax payments • Awarding of public contracts and licensing • Obtaining favourable judicial decisions Rule of Law Index - World Justice Project The World Justice Project is a non-profit organization committed to promoting the rule of law so as to promote opportunity and equity around the world. The Rule of Law Index intends to measure the extent to which the law operates in practice in each country surveyed. Local experts and are asked to provide the assessment. For corruption, the experts are asked to assess whether government officials in the executive branch, in the judicial branch, in the police and the military and in the legislature do not use public office for private gain. Yes 6 7 8 9 10 11 www.ideas.org.my 14 No 13 Yes 14 Yes No Source:Transparency International Yes (only 2011) No www.ideas.org.my 15 Yes Yes (only 2011) Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Table 2: Malaysia’s score and ranking in the CPI (2003-2011) Table 2: Malaysia’s score and ranking in the CPI (2003-2011) Year Score Another issue that have been to light concerning the CPI is that its data sources are not always consistent. The surveys use different, and often very narrow, definitions of corruption. This could lead to inconsistencies and large variations within the index score, which in turn reduces its reliability.7 Galtung also believe that the CPI over-emphasises the taking or receiving of bribes. It does not pick up on the giving of bribes. Transparency International has to a certain extent rectified this weakness by producing the Bribe Payers Index (BPI), which have been released in 1999, 2002, 2006, 2008 and 2011. 6 Fredrik Galtung. (2005). “Measuring the Immeasurable: Boundaries and Functions of (Macro) Corruption Indices” in Charles Sampford et al (Eds.), Measuring Corruption (pp. 101-130). Aldershot: Ashgate. 7 Ibid. www.ideas.org.my Table 3: 2011 Bribe Payers Index Table 3: 2011 Bribe Payers Index Ranking 2003 5.2 2004 5.0 2005 5.1 2006 5.0 2007 5.1 2008 5.1 2009 4.5 2010 4.4 2011 4.3 Source: Transparency International Some criticisms have been directed towards the CPI. Of particular interest is the criticism made by Fredrik Galtung, a former official at Transparency International. One of his criticism is that the CPI relies predominantly on the opinion of experts or business executives, not of the common citizens. This means the CPI scores would be skewed by the experiences of these groups, which are usually predominantly wealthy males. And in many cases the CPI places too much emphasis on expatriates’ opinions.6 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia 37 39 39 44 43 47 56 56 60 In the 2011 BPI, Malaysia scored 7.6, which is below average (higher scores are better). But what is interesting is that in the BPI the distribution of scores is much narrower than in the CPI. This means Malaysia’s score is not as bad as it first appears, with the highest country, the Netherlands, scoring 8.8.8 Additionally, Malaysia’s modified BPI score that was used for calculating our CPI is way lower than our actual BPI score.9 While we understand that the score in the CPI list has been standardised to comply with the CPI standard, Malaysia’s corrected BPI score is still far lower than Hong Kong’s even though the latter’s actual BPI score is exactly the same as Malaysia. Related to the issue of bribe giving is also the issue of harbouring potentially corrupt money. The CPI does not deal with this at all. Ranking for countries such as Switzerland, Singapore and various off shore islands therefore do not reflect the amount of potentially corrupt money that they may harbour in their banking systems. This is despite the fact that such closed systems are necessary for corruption to continue elsewhere.10 Rank Country/Territory Table 4: Malaysia’s score in the Table 4: Malaysia’s scorethe in the BPI over the years BPI over years BPI 2011 Score 1 1 3 4 4 6 6 8 8 10 11 11 13 14 15 15 15 15 19 19 19 22 23 23 25 26 27 28 Netherlands 8.8 Switzerland 8.8 Belgium 8.7 Germany 8.6 Japan 8.6 Australia 8.5 Canada 8.5 Singapore 8.3 UK 8.3 USA 8.1 France 8.0 Spain 8.0 South Korea 7.9 Brazil 7.7 Hong Kong 7.6 Italy 7.6 Malaysia 7.6 South Africa 7.6 Taiwan 7.5 India 7.5 Turkey 7.5 Saudi Arabia 7.4 Argentina 7.3 UAE 7.3 Indonesia 7.1 Mexico 7.0 China 6.5 Russia 6.1 Average 7.8 Source: Transparency International Source:Transparency International Score 1999 2002 2006 2008 2011 3.9 4.3 5.6 Not available 7.6 Source:Transparency International Transparency International introduced another measure called the Global Corruption Barometer (GCB) in 2003. The GCB attempts to measure more directly the level of corruption in society. It combines surveys on the perceived level of corruption, the evaluation of anti-corruption measures taken by government, as well as objective questions concerning bribe payments. Like the CPI, the GCB too does not reflect the absolute levels of corruption. It is still an indication of public perception. The difference is, the GCB represents the views of the general public, instead of business executives and expatriates. While Malaysia’s score in the CPI has plummeted, our score in the GCB has not suffered the same fate. The 2011 GCB 2011 reports that 48% of the Malaysian respondents feel that the government is effective in combating corruption. This is far above the international average of 31%. The 2011 GCB also reports that 46% of Malaysians respondents believe that the level of corruption has increased in the past 3 years. However, this percentage is far below the average of 58% for all nations in the survey, which means that, compared to the world average, less Malaysians feel that corruption has increased in the country. 8 Transparency International. (2011). Bribe Payers Index. Retrieved from http://bpi.transparency.org/bpi2011/. The GCB also asks if the respondents or any of their family members have given bribes in the past 12 9 See the detailed BPI score in the Transparency International website. Malaysian BPI score in the CPI list is 2.7. However, as indicated in table 3, Malaysian actual score is 7.6. 10 Fredrik Galtung, 2005. 16 Year www.ideas.org.my 17 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Table 5: Malaysia in GCB Table 5: Malaysia in GCB Percentage of respondents who view Year government’s effort to fight corruption as effective 2007 53% 2008 27% 2009 28% 2010/2011 48% Source: Transparency International months. In this respect, Malaysia again does quite well in 2011, with only 9% of the respondents stated that they have paid a bribe in the last 12 months. While this percentage is higher than the previous year, it is far below the global average of 21%, and, interestingly, is exactly the same level as Singapore. 11 When we compare the findings of CPI and GCB, we feel that they do not paint a conclusive picture about the state of corruption in Malaysia. The CPI scores seem to suggest that Malaysia is more corrupt than before. But the GCB shows that a sizeable portion of Malaysia’s population believes the situation is getting better or not as bad. Additionally the GCB shows a favourable public evaluation of Malaysian government’s efforts to tackle corruption.Transparency International Malaysia explains this favourable evaluation as being an indicator that the government has made progress in tackling petty corruption cases, but has not been seen serious in tackling corruption involving high ranking individuals.12 But with the various high-profile cases being brought to court of late, we cannot be completely certain that this line is watertight. Percentage of respondents who have given bribe in the past 12 months 6% 8% 9% 9% 1.3 The cost of corruption: theoretical framework 1.3.1 The economic effects of corruption There was a school of thought popular in the 1970s which argued that in certain types of corruption might be good for the economy.13 The arguments given for the potential benefits of corruption centred on the assumption that moderate levels of corruption and bribery facilitate business transactions, especially in otherwise closed economies. They argued that corruption opens doors for more actors entering into the economy. However, this view has been rejected by later scholars in the field. Several studies have proven that there is in fact a negative relationship between the economic performance of a country and the level of corruption. It would be difficult to find economists or political scientists today who would argue that corruption is beneficial to economic development and growth. Most have accepted that corruption damages the economy. Corruption reduces growth and investment Susan Rose-Ackerman reviewed literature on the impact of corruption on the economy and found that corruption leads to reduced levels 11 Transparency International. (2011). Global Corruption Barometer. Retrieved from http://gcb.transparency.org/gcb201011/. 12 Transparency International. (2011, 1 December). Press Statement. Retrieved from <http://www.transparency.org.my/pdf/2011%20CPI%20 &%20CB%20Press%20Statement-Malaysia.pdf>. www.ideas.org.my 13 See for example: Colin Leys. (1965). “What is the Problem About Corruption”, in Journal of Modern African Studies Vol. 3, No. 2 pp. 215230. 18 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia of economic growth and reduced investment.14 Indeed, economist Paolo Mauro has found that when corruption increases by 2% on the CPI scale, growthrates decreases by 0.5% and investment decreases by 4%.15 Corruption dampens investment Corruption represents an additional cost to potential investors. When doing business in corrupt countries, investors have to factor in the cost of paying bribes and hiring people to arrange deals. Not only will this deter investors, it will also negatively affect the amount of money available for the investment itself as a percentage of it will have to be earmarked for illicit payments. Furthermore, corruption is detrimental to economic growth because resources are siphoned off to unproductive purposes. Large amount of cash leaves the country, or is placed in unproductive imported luxury items in the hands of the elite. And the covert nature of corruption represents a cost, as those who engage in it need to expend scarce resources to keep the activity secret.16 Corruption reduces certainty and increases the risk of an investment too. The reduction of certainty comes in two different ways. First, an element of uncertainty appears in the bidding for contracts when bribes are given, as the bidders have no ways of assessing adequately their opponents’ strengths without knowing how much they have agreed to give in bribes and kickbacks. Secondly, corruption adds an element of uncertainty through the risk of detection, either through the media or, in the case of foreign investors, their own countries legal frameworks. Corruption lowers true entrepreneurship, and encourages state-driven economy There is evidence17 to suggest that in corrupt countries there will be over-investment in large scale infrastructural projects, often at the expense of maintenance and day-to-day government expenditure such as education and health care. It is easier to include kick-backs and other forms of bribes in large infrastructural projects than in the day-today maintenance of already existing infrastructure. Therefore in corrupt countries there is a tendency to spend public money on new infrastructure. This in turn leads to a less efficient economy with high levels of public investment but low levels of private entrepreneurship. Often these mega-projects are of little use to the public, or fall into disrepair due to the lack of maintenance and continued investment, which further exacerbates the economic inefficiencies. Studies have indicated that on average countries with high levels of corruption attract less investment than less corrupt nations. The propensity of corrupt nations to over-invest in large public infrastructures leads to a situation where economic growth becomes dependent on state-led projects, rather than consumer-driven growth led by private entrepreneurs. As a result, the economic growth of a corrupt country risks stalling.18 Corruption exacerbates inequality When corruption is rife wealth has a tendency to ‘trickle upwards’.19 Those who can afford to pay bribes or those who can influence tender negotiations are more able to enrich themselves. On the other hand, the general public, and especially the poor, will have 14 Susan Rose-Ackerman. (1999). Corruption and Government: causes, consequences, and reform. Cambridge : Cambridge University Press. 15 Paolo Mauro. (1997). “Why Worry About Corruption”. Economic Issues No. 6. 16 Vito Tanzi and Hamid Davoodi. (1997). Corruption, Public Investment, and Growth. Retrieved from papers.ssrn.com/sol3/papers. cfm?abstract_id=882701. 18 Hiren Sarkar and M. Aynul Hasan. (2001). “Impact of Corruption on Investment: Evidence from a Cross-Country Analysis”. Asia-Pasific Development Journal, Vol. 8, No.2. pp. 111-116. 17 Andrew Sunil Raikumar and Vinaya Swaroop. (2002). Public Spending and Outcomes: Does Governance Matter? Retrieved from http:// origin-www.unicef.org/socialpolicy/files/Public_spending_and_outcomes_ governance.pdf. www.ideas.org.my 19 This is a play on words from the often used term ‘trickle down economics’. 19 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia very limited access to resources, services or to public business tenders. Corruption works to increase the level of inequality by diverting resources away from the needy and deserving. The poor suffer doubly: firstly because the services and benefits, to which they are rightly entitled, become less available because of corruption, and secondly the poor are unable to obtain these services and benefits because they are diverted by corrupt officials to other groups.20 Due to the combination of these economic consequences of corrupt behaviours, corruption can limit the level of development that a country experiences overall. 1.3.2 The political costs of corruption Corruption has political impacts too. When those elected to public office use their positions to gain personal favours or for personal financial gains, a country’s democracy is put at risk. The trust between constituents and their elected representatives will become flawed if elected officials abuse voters’ trust to only further their own private and partisan ends, rather than the ends of their constituents. A damaged relationship between voters and their elected representatives will contribute towards the erosion of democratic accountability, as voters will eventually feel that elected officials are no longer accountable to them. Even worse, corruption can lead to a loss in political legitimacy. Once the public feels that corruption is high, their trust in elected representatives and public officials will be undermined. Studies have found that when the perception of corruption in society increases, trust in elected officials decreases.21 20 Sanjeev Gupta, Hamid Davoodi, and Rosa Alonso-Terme. (1998). Does Corruption Affect Income Inequality and Poverty?. Retreived from http://www.imf.org/external/pubs/ft/wp/wp9876.pdf 21 Christopher J. Anderson and Yuliya V. Tverdova. (2003). ‘Corruption, Political Allegiances, and Attitudes Toward Government in Contemporary Democracies’. American Journal of Political Science, Vol. 47, pp. 91-109. www.ideas.org.my Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Diagram 1: The vicious cycle of corruption The cumulative effect of this erosion of trust and perceived illegitimacy is a decrease in the adherence to the rule of law among the general public. People are less likely to obey the law in general if they know that law is routinely flouted in the higher echelons of government. General disregard for the law results in high levels of crime of all types, the inability of the state to collect taxes, and the general perception of insecurity among the public.22 In a situation where the public feels that elected officials are corrupt and not punished by law, what is there to prevent them from feeling that they too would be safe even if they become corrupt themselves? Diagram 1: The vicious cycle of corruption Civil society weakened General public trust lowered 1.3.3 The social costs of corruption Corruption also has social impacts as it can undermine personal trust between citizens. Bo Rothstein and Eric Uslaner find that corruption can lead to a vicious cycle where corruption creates inequality and erosion of public trust, which then leads to higher levels of corruption through the loss of rule of law, and then creating higher levels of inequality and the further loss of trust.23 Furthermore, high levels of corruption can lead to a situation, where civil society organisations will find it difficult to flourish. Due to lack of trust, people rely more heavily on closer networks of relatives and friends rather than opening up to the markets and society at large. This leads to co-ordination problems, as people are unable to come together for their common good. We end up with vicious cycle of corruption, as a weakened civil society makes coordinated actions to end corruption more difficult.24 22 Shaun Bowler and Jeffrey A. Karp. (2004). ‘Politicians, Scandals, and Trust in Governments’. Political Behavior, Vol. 26, pp. 271-287 1.4 Estimates of cost to Malaysia 1.4.1 The cost on the economy There are several different estimates for the financial cost of corruption in Malaysia today. The Sinar Project Corruption Tracker, which compiles any corruption cases reported in the media estimates that at least since 1994 (the earliest corruption case tracked by this system) until October 2012, the amount of money involved in corruption cases is about RM43 billion.25 By looking at the amount of money reportedly being lost through corruption, Malaysians should wonder what this country could be like if that money was put to better uses. While not providing any direct estimates for the total cost of corruption, the Malaysian Anti-Corruption Commission (MACC) provides estimate on how much the incidence of practices like illegal sand-mining and illegal logging cost the country. In their 2010 report, the MACC predicted that each year circa RM600 million is lost due to illegal sand-mining alone, with RM150 million disappearing in illegal cross border trade. This estimate is based on 3000 lorries of sand ‘disappearing’ every year. Losses from illegal logging is estimated to be roughly RM9 million.26 Meanwhile, an astonishing 23 Bo Rothstein and Eric Uslander. (2005). “All For All: Equality, Corruption and Social Trust”. World Politics Vol.58, No.1, pp. 41-72. 25 Sinar Project. (2012). Accountability Tracker. Retrieved from http:// accountable.sinarproject.org/issues. 24 Ibid. 26 Suruhanjaya Pencegahan Rasuah Malaysia. (2011). Laporan Tahu- 20 RM108 billion is thought to be lost every year due to weaknesses and abuses in the Customs Department.27 If we assume the cost to build a hospital in a town is RM100 million, the amount of money being lost in through the Customs Department alone is enough to build more than 1000 hospitals. www.ideas.org.my However, our brief survey in this study shows that Malaysia’s investment rate, growth rate, as well as human development rate are not going the way it should if Malaysia is truly as corrupt as perceived. While Malaysia’s CPI scores have been getting worse, our economic indicators are not deteriorating. nan 2010. Retrieved from http://www.sprm.gov.my/images/files/LAPORAN_TAHUNAN_2010.pdf 27 RM 108 billion lesap setiap tahun. (2011, April 3). Utusan Malaysia. Retrieved from http://www.utusan.com.my/utusan/ info.asp?y=2011&dt=0403&pub=Utusan_Malaysia&sec=Muka_ Hadapan&pg=mh_01.htm. 21 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Growth rates in Malaysia have been consistently healthy over the past 12 years, averaging 4.8% year on year growth. Admittedly there was a dip in our growth rate in 2009, but this corresponds to the worldwide financial crisis. In fact, Malaysia experienced a very quick recovery in 2010, with second quarter growth reaching above 10 percent.28 Malaysia also attracts high levels of foreign direct investment (FDI) at a sustained level. Investment rates are more strongly associated with perceived corruption than other economic indicators and usually one would expect that higher corruption would deter FDI. By that logic, investment level into Malaysia should be decreasing due to our worsening CPI score. But this is not the case. Despite a sharp decline in 2009 which can be attributed to the global financial crisis, Malayia’s FDI levels are now back at a healthy level.29 Thus, Malaysia’s FDI does raise question about the reliability of perception as a measure of actual corruption in Malaysia. In terms of human development, Malaysia continues to see gradual improvements. In 2011 Malaysia scored 0.761 in UNDP’s Human Development Index, where 1 indicates perfect development. This places Malaysia in the category of countries considered to have achieved a high level of development, which is the second highest category. Malaysia is also scoring significantly higher than average for the East Asia and the Pacific Region.30 Again, this too raises question about the true level of corruption in Malaysia as corrupt countries are usually expected to not perform so highly in terms of their human development. 28 The World Bank. 2012. Data. GDP Growth (Annual %). Retrieved from http://data.worldbank.org/indicator/NY.GDP.MKTP.KD.ZG. Perhaps some would argue that Malaysia is developing despite corruption. While emotively we may subscribe to this view, we must continue to ask the important and valid question – why is there a disconnect between perception and data? Having said the above, it should be noted that Malaysia has a high level of investment in large-scale infrastructural projects. The 2012 Budget specifies that RM29.8 billion is to be used for the development of infrastructure, industry, agriculture and rural development.31 This is a worrying trend, because, as stated above, there is evidence to suggest that in corrupt countries there will be over-investment in large scale infrastructural projects as it is easier to include kick-backs and other forms of bribes in such contracts. We are unable to produce our own estimate of this figure, if any, due to our project’s limited resources. But we are concerned with the possibility of corrupt practices resulting from heavy government presence in the economy. Table 6: The CPIscore score against against economic indicators Table 6: The CPI economic indicators Year CPI Score HDI Score Growth Rate 30 UNDP Human Development Report. (2011). National Human Development Reports for Malaysia. Retrieved from http://hdrstats.undp.org/en/ countries/profiles/MYS.html. 32 The World Bank. (2012). GINI Index. Retrieved from http://data.worldbank.org/indicator/SI.POV.GINI?order=wbapi_data_value_2009+wbapi_ data_value&sort=asc. 22 Gini Coefficient Index 37.9 1: Trend comparison between CPI scoreand andeconomic economic indicators Chart 1:Chart Trend comparison between thethe CPI score indicators Thus, it can be seen that most economic indicators create doubt about the reliability of using perception to measure corruption in Malaysia. We now turn to the other two aspects – political and social. 31 Dato’ Sri Mohd Najib Razak. (2011, 27 October). National Transformation Policy: Welfare for the Rakyat, Well-being of the Nation. Speech in Dewan Rakyat. Retrieved from http://www.treasury.gov.my/pdf/budget/ bs12.pdf. FDI (in Million US$) 2004 5.0 6.8 4,624 2005 5.1 0.738 5.3 3,966 2006 5 0.742 5.8 6,076 2007 5.1 0.746 6.5 8,590 46.0 2008 5.1 0.750 4.8 7,376 2009 4.5 0.752 -1.6 1,387 46.2 2010 4.4 0.744 7.2 9,167 2011 4.3 0.761 5.1 10,779 Source: Transparency International (CPI score), United Nations Development Programme (Human Development Index), the World Bank (the Growth Rate, Foreign Direct Investment estimates, and Gini Coefficient Index) The only economic indicator that has declined in line with Malaysia’s CPI score is the income and wealth inequalities score. Income inequalities in Malaysia, as represented by GINI coefficient, have remained high in the past 20 years. In 2009 the Malaysian GINI coefficient was 46.2.32 29 The World Bank. 2012. Data. Foreign direct investment, net inflows (BoP, current US$). Retrieved from http://data.worldbank.org/indicator/ BX.KLT.DINV.CD.WD. www.ideas.org.my Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia www.ideas.org.my 23 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia We use two indicators, as stated in the theoretical framework, to understand the impact of corruption on democracy and accountability: the quality of democracy and the level of public confidence on public institutions. from 4 to 6. This increase means that Malaysia moved out of the category ‘Open Anocracy’ to the category ‘Democracy’. Therefore, even though the score of 6 in itself leaves much to wish for in terms of democratic accountability, it can be argued that the increase in CPI’s perceived corruption have not impacted the quality of democracy in Malaysia negatively. Malaysia is not a strong performer in democratic accountability, according to international indices. The Democracy Index published by Economist Intelligence Unit indicates this. The Democracy Index measures the state of democracy based on five categories: electoral process and pluralism, civil liberties, functioning of government, political participation and political culture. A country is given a score between 0 to 10 and based on this score they are categorised into full democracies (score 8 - 10), flawed democracies (score 6 - 7.9), hybrid regimes (score 4 - 5.9) and authoritarian regimes (0- 3.9). Malaysia’s score is hovering around 6, which makes Malaysia a flawed democracy. Meanwhile, the level of trust in public institutions in Malaysia is hard to estimate. One way round this problem is to use the World Value Survey, the most widely used survey for gauging the level of public trust and civic engagement. This is a survey of perceptions and values in 50 countries. Malaysia was only in the survey in 2006, which makes it impossible to look at our performance longitudinally, to see how trust in public institutions has changed in lieu of the changes in the perceived levels of corruption. We are therefore limited to using the 2006 data, which we accept as a weakness to this analysis because many things have happened in Malaysia since then. Looking at the most recent figures from Polity IV, a University of Maryland index on the level and quality of the democratic process, Malaysia scored 6 out of 10, where 10 is perfect democracy and 1 is total absence of democracy.33 Although this is not a disastrous score, it indicates that there is a very big room for improving democratic accountability in Malaysia. As stated in section 1.3.2, corrupt countries could suffer from a low level of public trust in the country’s institutions. Given Malaysia’s relatively high level of perceived corruption as measured by the CPI, it would be reasonable to expect that we would have scored low. But as can be seen in Table 7, the Malaysian public gives a high level of trust into our institutions and public officials. 1.4.2 Political cost to democracy and accountability One remarkable observation that can be drawn from Malaysia’s Polity IV score, however, is that in the same year that Malaysia took a nose dive in the CPI table, from 5.1 in 2008 to 4.5 in 2009, the direction of the Polity IV change was the reverse. In 2008 and 2009 Malaysia improved our Polity IV score by 2 points, 33 Monty G. Marshall. (2010). Polity VI Project: Political Regime Characteristics and Transitions 1800-2010. Retrieved from http://www.systemicpeace.org/polity/polity4.htm. Three major components being evaluated in polity IV to decide whether a country democratic or not: (1) how competitive the recruitment process of executive wing of government is, (2) how adequate limitation against executive power is, and (3) how open political participation is. www.ideas.org.my There can be many explanations to why Malaysians are so trusting. It could be down to historical, cultural or societal factors. It is also reasonable to argue that there could have been cases of reporter bias in the data collected, i.e. Malaysians might not feel secure enough to express a lack of trust towards public institutions. But we take into account reporter bias for this World Values Survey, we should also take into account that there may be reporter bias in the CPI – i.e. respondents may have been untowardly influenced to say that we are more corrupt than we actually are. 24 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia 7: Level of confidence variouspublic public institutions in in Malaysia TableTable 7: Level of confidence ininvarious institutions Malaysia Variables Malaysia CPI Score 4.3 World Values Survey Scores Confidence in the armed forces 84.5% Confidence in the police 74.6% Confidence in the parliament 67.5% Confidence in the government 75.4% Confidence in the political parties 58.3% Confidence in justice system 77.7% Source: The World Values Survey 2005. The percentage presented here is a combination between the percentages of respondents answering “a great deal” and “quite a lot” in World Values Survey. Nevertheless, one thing for sure is that if we take the World Values Survey scores, then Malaysians do trust our public institutions, unlike what usually is expected in a corrupt country. Table 8 shows that Malaysia’s performance in social trust is relatively low. Similarly, the level of participation in civil society is also quite low. We could argue that this lower social trust might be a cost that we have to bear from corruption. However, it is important to note that the relationship between perceived corruption and the level of social trust is difficult to establish conclusively as there are countries (in this example, Indonesia and South Africa) with lower CPI scores than Malaysia but they perform better in social trust scores. 1.4.3 Social cost As described in the theoretical framework section above, corruption may undermine trust between members of the public. In such situation, people will rely on family relations and will not be very keen to participate in civic associations or engage in civic activities. The 2005 World Values Survey shows that the level of trust among Malaysian, and the level of their participation in civic organisations is low. Table 8 provides a comparison between Malaysia, Turkey, Indonesia, New Zealand, and South Africa. As described above, we are confined to using 2005 World Values Survey data because this is the only year that Malaysia was measured. www.ideas.org.my 25 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Table 8: Active membership in organisations and the level of trust on people Table 8: Active membership in organisations and the level of trust on people Malaysia The 2011 CPI Score 4.3 Church/Religious 15.6% Sport or Recreation 14.3% Art, Music, Educational 9.7% Labour Unions 4.9% Political Party 4.7% Environmental 3.5% Professional 3.0% Charitable/Humanitarian 4.6% Average Membership 7.5% Trust on people 8.8% Source: World Values Survey 2005 Turkey 4.2 1.3% 1.9% 1.5% 1.1% 2.3% 0.8% 1.5% 0.8% 1.40% 4.90% 1.5 Concluding remarks It is difficult to put figure on the actual cost of corruption for Malaysian society because the cost is both financial and non-financial. On the theoretical level, we can ascertain that there could be economic, political and social costs to corruption. But when we tested these theories to actual data, we found that there is a disconnect between the two. Unfortunately, our limited resources do not allow us to investigate this issue further. But it does raise the question of which data could we believe more – the data on perceived corruption or other data that seems to create doubts about the reliability of perception measures to gauge actual level of corruption in Malaysia? Perhaps the lower CPI score indicates that the trend in Malaysia today is for the public to pay more attention to the problem of corruption. This heightened attention may have been triggered by increased awareness of the negative effects of corruption. It could also be triggered by the amount of information available on the media on corruption cases, especially the highprofile cases. In one sense, this trend is positive. It is encouraging to see the public exercise more oversight in this www.ideas.org.my Indonesia 3.0 38.1% 10.4% 16.9% 1.8% 4.6% 20.0% 15.4% 17.6% 15.6% 42.5% New Zealand 9.5 17.7% 37.7% 25.5% 7.4% 2.1% 7.1% 17.9% 22.8% 17.3% 51.2% South Africa 4.1 51.1% 14.2% 10.8% 4.7% 7.2% 3.9% 4.0% 5.0% 12.6% 18.80% important issue, and for them to make the government more accountable. The more concerned Malaysians are about corruption, the more likely it will be that we will significantly reduce corruption in the country. We cannot ascertain the actual level of corruption in Malaysia, even though we know that corruption certainly exist. However, apart from the high level of economic inequality and low level of social trust, other indicators do not point to the usual impacts we expect from a highly corrupt country. One way to look at it is that corruption is a smaller problem than what the CPI suggests. This is more in line with what can be detected from the GCB data. Malaysians by and large are not paying bribes and they feel that the governments’ efforts to tackle corruption are working. This, together with the lack of strong evidence of the costs to Malaysian society, is an indication that we cannot rely only on the CPI alone to estimate the level of corruption in this country. behind this is obvious – by accusing their political enemies as corrupt, they could win elections. Hence Malaysia’s worsening performance in the CPI will actually allow certain parties to benefit. We cannot deny that Barisan Nasional has a vested interest to say that Pakatan Rakyat state governments are corrupt, and Pakatan Rakyat too has a vested interest to say that Barisan Nasional is corrupt. Is it not possible that the continuous mudslinging between these two has resulted in the public feeling that we are more corrupt than we actually are? No matter how small the possibility is, we feel that it is important to put this forward for consideration, especially because of the disconnect between public perception and other data sets. Of course we are not suggesting that Malaysia should stop targeting corruption. Corruption involving high level officials and vast amount of money has to be effectively targeted, both in order to reduce the economic cost to society and to reduce the perceived levels of corruption. Nevertheless, it should us give some reassurances that the situation might not be as bleak as the perception of corruption otherwise might indicate. And, as we will see in the subsequent chapters, there are many efforts that have been and are being taken to further eradicate corruption in Malaysia. There is also the possibility that increased public perception on corruption was caused by concerted campaigns by politicians to accuse the other party as more corrupt than they really are. The reason 26 www.ideas.org.my 27 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia 1. The Public Relations Department should be harnessed and geared up to launch an extensive campaign in: Chapter 2: 2.1 Under the British and early independence As a British protectorate, Malaya and Singapore started the effort of preventing graft on the same footing. Britain introduced The Prevention of Corruption Ordinance in 1950 to replace previous laws related to corruption in the Federated Malay State, the state of Johor and the Straits Settlements. The regulations replaced by the Ordinance include the 1871 Penal Code which has clauses regulating the receipt gifts, the Prevention of Corruption Ordinance 1937, and the Prevention of Corruption Enactment 1938.34 In 1952 the High Commissioner for the Federation of Malaya set up a Commission of Enquiry into the Integrity of the Public Service – a nine member panel chaired by E.N. Taylor. It was established to look into “the incidence of corruption in the Government Services of the Federal Government”. The report was not completed until 1954 and was published in 1955. In its report the commission found no evidence of corrupt activities, though it found “evidence of abundant opportunities”. Nevertheless, the commission made 31 recommendations on how 34 Badan Pencegah Rasuah Malaysia. (1992). Badan Pencegah Rasuah Malaysia 1967-1992: Sejarah Penubuhan dan Perkembangannya. Kuala Lumpur: BPR. www.ideas.org.my Alam also suggested that an inter-departmental committee be constituted at the Federal level to be chaired by the Federal Establishment Officer. The members of this committee should include: a. Organising children’s programme on the radio consisting of talks, songs, dramas etc., emphasising the value of integrity; A historical overview of efforts to combat corruption The importance of history cannot be neglected, especially if we want to understand the context of certain policy developments. In this chapter we will turn our attention to the evolution of Malaysia’s legal frameworks and anti-corruption agencies tasked with fighting corruption. Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia to reduce these opportunities and to deter corrupt activities.35 After independence in 1957, a high ranking police officer from Pakistan, Shah Nazir Alam, was invited to conduct the study on how to further tackle corruption in Malaya. He completed his report in 1958 report,36 in which he recommended several steps: a. The undertaking of a sustained and comprehensive programme of moral education, mainly in schools and through public information services; b. Amending existing anti-corruption legislations to make it obligatory for members of the public to report evidence of corruption and to facilitate investigation and prosecution; c.Amending general orders to facilitate action against corrupt officers within the disciplinary powers of Heads of Departments; d. Establishing federal, state and district interdepartmental committees to look into corruption; e. Establishing a Special Investigating Agency, with a Federal Headquarters and representatives at state and district levels.37 Alam provided eleven more recommendations for public education, eight of them focusing on educating our children. The eight points he suggested are simple yet it makes a lot of sense. They are: 35 Marican, Y. Mansoor. (1979). ‘Combating Corruption: The Malaysian Experience’. Asian Survey, 19, 597-610. 36 Alam, Shah Nazir.(1958). Report on the Problem of Corruption in the Federation of Malaya. 37 Badan Pencegah Rasuah Malaysia, 1992. 28 1. Commissioner of Police 2. Comptroller of Customs b. Organising exhibition of films with moral lessons; and, 3. Comptroller of Income Tax 4. Director of Public Works c. Organising mass education of the public and dispelling the impression that petition writers or clerks or minor officials have any hand in the decision taken by senior officers. 5. Director of Medical Services 6. Director of Information Services 7. Commissioner of Road Transport 8. Commissioner of Lands 2. Books containing short stories with moral lessons should be published for the benefit of children. 9. Organisations and Methods Advisor 10. Director of the Special Investigating Agency 3. Books containing shorts stories should be published so that mothers can learn them and repeat them to their offspring. In addition to the above, Alam also recommended that such similar committee to be constituted at State and District levels. Alam added the need to have a system of monitoring and reporting from the District Committees to the State Secretary and from the State Secretary to the Federal Committee. 4. In every newspaper and magazine there should be a children’s corner with stories and exhortations emphasising honesty. 5. Comics especially designed for character building should be published and sold. In today’s context, we do see some similarities of this recommendation in the Integrity Management Committee at District and State levels; and the Special Cabinet Committee on the Integrity of Government Management which was established in 1998 and currently chaired by the Prime Minister. 6. Harmful comics and films particularly of Wild West type should be banned. 7. Teachers in schools should concentrate on character building and moral tuition should be essential part of the curriculum in all schools without which no school should be recognised by the Department of Education. Following Shah Nazir Alam’s report, Malaya’s newly independent government led by Tunku Abdul Rahman Putra Alhaj, in 1959, established two units working under different departments tasked with tackling corruption.39 These were the Criminal Investigation Department (Special Crime) under the Royal Federation of Malaya Police (later Royal Malaysia Police, PDRM) and the Corruption Prevention Unit under the Prime Minister’s Office but later moved to the Ministry of Home Affairs. 8.“Honour shops”38 should be established in selected institutions. 38 “Honour Shop” is a shop selling articles of little value such as small bags of toffee, pencils, pencil sharpeners, pens, toys and other commodities that children require and want, but has no shop assistant. All articles are labeled with price tags and there is a sealed box on a table in which a boy of a girl purchasing the article puts the money. “Honour shop” is based on the principle that trust always begets trust and institutions of this nature give psychological training to the young mind in the principles of integrity. www.ideas.org.my 39 Badan Pencegah Rasuah Malaysia, 1992. 29 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia The two units have different function. The Corruption Prevention Unit under the Prime Minister’s Department and subsequently under the Ministry of Home Affairs was tasked to receive and screen reports about corruption, to educate the public about corruption, and to design strategies to prevent corruption. The Criminal Investigation Department (Special Crime) under the police force was tasked with investigating reports passed to them by Corruption Prevention Unit. Prosecutions meanwhile were carried out by public prosecutors from the Attorney General Chamber.40 In 1961, the Malaysian Parliament passed the 1961 Prevention of Corruption Act (POCA), which was an improvement to the 1950 Ordinance. The POCA 1961 has a more extensive definition of “gratification” than the previous law, increased the maximum imprisonment from three to five years and included members of the legislative and public bodies into its scope. The POCA 1961 also made it an offence for contractors to attempt to remove potential rivals when bidding for government projects, threatening offenders with seven years of imprisonment.41 The POCA 1961 was revised twice: first in 1967 and then in 1971. In 1967, amendments were made to increase the power of the Public Prosecutor and to place a legal responsibility on members of the legislative body and public officers to report corrupt practices. The 1971 amendments aimed more at defining the offences under the act. However, these amendments fell short of what was demanded by many quarters. The 1971 amendments did not: 1. Prevent “floor crossing” in the legislative body, 2. Prevent minister and senior public officers from being appointed directors in private enterprises up to 3 years from the date of their retirement to prevent conflict of interest, 3. Increase the maximum penalty, 4. Forfeit properties and funds that were unaccounted from one’s source of income, 5. Require Members of Parliament to declare their assets to a public register.42 The POCA 1961 allowed for the establishment of the Anti Corruption Agency (ACA) under the Ministry of Home Affairs. The ACA began operations formally on 1 October 1967. One of the reasons for its establishment was the government thought that centralisation would be more effective in the fight against corruption. The establishment of the ACA was therefore intended to unite the three different units working on fighting corruption in the early years of independence. The ACA was entrusted with the responsibility to prevent and eradicate all forms of corruption, abuses of power and maladministration. The main aim of the ACA is to enforce the POCA 1961 through: 1. Investigating and prosecuting offences under the provision of the POCA 1961 , 2. Introducing preventive measures against corruption in the civil service and statutory bodies, 3. Investigating complaints against the civil servant, 4. Educating the public on corruption. They were some concerns about the ACA’s human resources in the early years of its establishment. For example, staffing was very limited and they were mainly policemen, custom officers or civil servants under the Public Service Department (Jabatan Perkhidmatan Awam) who had been seconded to the ACA. These officers were without proper training in corruption identification and investigation.43 The Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia 2.1 Tun Dr Mahathir Mohamad’s era officers seconded to the ACA also faced uncertainty given that their employment with the ACA was temporary in nature. They could be transferred to other departments at any time and for any reason.44 Tun Dr Mahathir Mohamad, the fourth Prime Minister, enacted the 1982 Anti-Corruption Agency Act which saw the abolishment of the NBI and the reinstatement of the ACA. This was done because the government at that time felt that NBI’s focus was too wide, as it did not just handle corruption cases, but also criminal breach of trust, fraud, commercial crimes cases, and other cases related to the integrity of civil servants. Mahathir’s administration decided that a dedicated agency working on eradicating corruption would be more appropriate. In May 1973, based on recommendations from committees established by the ACA and Ministry of Home Affairs to look into improving the ACA, Prime Minister Tun Abdul Razak Hussein decided that a restructuring of the ACA was necessary. As part of the restructuring exercise, a bill to establish the National Bureau of Investigation (NBI) was passed by the parliament in July 1973. The major turning point of Mahathir’s era was the introduction of the 1997 Anti Corruption Act. This act replaced the POCA 1961 and gave the ACA authorisation to investigate, interrogate, arrest and prosecute offenders for both private and public sector corruption. Offences covered by this act ranged from active and passive bribery, extortion, attempted corruption and abuse of office, corruption through agents, to corruption in public procurement and electoral corruption.46 Unlike the ACA, the NBI was established by a parliament act and had the power to recruit its own staff even though many of its staff were still seconded from other agencies. Additionally, the Director General of the NBI was appointed by the King on the advice of the Prime Minister. The NBI, unlike the ACA, has the power to arrest suspects and its officers hold similar ranks to police officers and were given allowances for successful investigations. The NBI’s task was not only to enforce the POCA 1961, but also to enforce the 1967 Customs Act, the Penal Code, the 1967 Police Act, and the Emergency Ordinance. The ACA was also given the power to access documents and witnesses as they feel necessary, freeze assets, seize passports, monitor income and assets, and propose administrative and legal reforms. Thus the ACA was able to adopt a comprehensive approach where a myriad of tools and strategies were applied. Three key components of ACA’s strategy were education, prevention and enforcement. The education strategy focused on inculcating ethical values among members of the public and the civil service so as to create intolerance towards corruption. Increasing emphasis was placed on building rapport with the public and The NBI achieved relative success in the early years of its establishment. One of the larger cases that the NBI resolved was a corruption case involving Dato’ Harun bin Idris, a former Selangor Chief Minister. The amount of money involved was more than RM1 million, and finally Dato’ Harun bin Idris was sentenced with 2 years imprisonment and a RM 125,000 fine. However, critics saw the prosecution of important individuals like the former Chief Minister of Selangor as a political ploy “to rid challengers to the top UMNO leadership”.45 Speech at Dewan Rakyat on the Anti-Corruption Agency Bill. Retrieved from http://bibliotheca.limkitsiang.com/. 42 Marican, 1979. 40 Ibid. 41 Explanatory Statement of the POCA 1961. www.ideas.org.my 43 Nik Rosnah Wan Abdullah. (2008). Eradicating Corruption: The Malaysian Experience. Retrieved from http://www.napsipag.org/pdf/Corruption22May.pdf 30 46 Business Anti-corruption Portal. (2011). Malaysia Country Profile. Retrieved from http://www.business-anti-corruption.com/country-profiles/ east-asia-the-pacific/malaysia/. 44 Marican, 1979. 45 Lim Kit Siang. (1982, 19 March). The Pursuit of Malaysian Dream. www.ideas.org.my 31 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia enlisting their support in the fight against corruption. This included educating the younger generations at schools and other educational institutions. When the 1997 Anti-Corruption Act was being introduced, it was stated in parliament that the reason for this new act was to ensure that ‘big sharks’, whose corrupt practises amounts to millions of ringgits, would not slip through the net. The new act was not put in place to target ‘small fish’ involved in small sum corruption, as already existing legalisations were deemed sufficient for that. 2.2 Tun Abdullah Ahmad Badawi’s era When Tun Abdullah Ahmad Badawi assumed office as Prime Minister on 31 October 2003, he pledged to eradicate corruption and promote good governance and ethical values. The difference with Abdullah’s approach was that he introduced a new element in the fight against corruption, i.e. the building of integrity. Tun Abdullah launched the National Integrity Plan (NIP) in April 2004 “…to develop a society, which is morally and ethically strong, with its members possessing religious and spiritual values that are strong and steadfast, and is supported by good values.”47 An Integrity Target was developed, targeting not only the public sector, which was perceived as the main perpetrator of corruption, but also the private, political, and socio-cultural sectors. The Malaysian Institute of Integrity (IIM) was established simultaneously in 2004 to ensure that the planning, coordination, monitoring and evaluation related to the implementation of the NIP was carried out in a coherent fashion. Since its inception, the IIM has conducted various activities on ethics and integrity for the public sector, and has thus provided a platform for citizens to voice their concerns about corruption. Another major step taken by Abdullah was to upgrade the ACA into the Malaysian Anti Corruption 47 Government of Malaysia. (2004). National Integrity Plan. Kuala Lumpur: Institut Integriti Malaysia. www.ideas.org.my Commission (MACC). This transformation was aimed at enhancing the effectiveness and efficiency of anticorruption efforts and to improve the independence and the transparency of the anti-corruption agency. This was a far-reaching reforms to the ACA, transforming it into a full-fledged commission modelled on Hong Kong’s Independent Commission Against Corruption (ICAC). In December 2008 the Parliament approved the MACC bill, and this paved the way for the establishment of an independent advisory board, a parliamentary committee, a complaints committee, the Operations Review Panel and the Corruption Consultation and Prevention Panel. All these are responsible for scrutinising and advising the MACC in undertaking its work. Headed by a Chief Commissioner, the MACC reports to the Special Parliamentary Committee on Corruption. The Committee examines MACC’s report and submits its own report to the Prime Minister who, in turn, should table it to the parliament. Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia of clear procedure of arrest and interrogation in the MACC Act. Another clause of concern is the admissibility of any statement by an accused person as evidence in a trial. Experts argued that provisions in the MACC Act are inconsistent with other prevailing regulations such as the Criminal Procedure Code (CPC). The passive role of the MACC’s advisory board and the reporting mechanism of the MACC to parliament have also been questioned.49 Dato’ Sri Najib Razak, who took office in April 2009, made fighting corruption one of the key areas of his Government Transformation Programme (GTP). The GTP seeks to address seven key areas which are considered the most pressing issues for Malaysia. In addition to tackling corruption, other areas concerned are reducing crime, improving students’ outcomes, raising living standard of low income households, improving rural basic infrastructure, improving urban public transport and addressing the high cost of living. The GTP was formally launched in 2010. For fighting corruption, the government invited about 40 individuals from both the public and private sectors to discuss necessary measures to fight corruption. In a consultation process (commonly called in Malaysia as a ‘laboratory’) lasting for six weeks that started in 2009, three areas were identified as being urgent to be prioritised and were determined to be indicators of success: regaining public confidence in enforcement agencies, reducing leakages in the procurement process and tackling grand corruption. When of the tragic incident of Teoh Beng Hock’s death in MACC’s compound occurred on 16 July 2009, questions about the missing policies and procedures resurfaced. Concerns were raised over the absence In addition to formulating the main policy priorities for fighting corruption, the consultation meeting also resulted in the establishment of the NKRA Corruption Monitoring and Coordination Division. The division is tasked with an important function to monitor and 32 One important piece of legislation passed during Najib’s administration is the Whistleblower Protection Act, which was passed by parliament in April 2010. Under the provision of this Act, whistleblowers will have confidentiality of identity, immunity from civil and criminal actions as well as from other detrimental actions. Following the enactment of this act, five key enforcement agencies (MACC, PDRM, Road Transport Department (JPJ), Customs, and Immigration) also established their own whistleblower protection mechanisms. 2.3 Dato’ Sri Najib Razak’s era The creation of the MACC, complete with its new check and balance mechanisms, was generally welcomed by many. However, there were some critics see the transformation of the ACA into MACC as having been rushed and this may have resulted in the absence of important policies and procedures. The MACC was indeed created in a hurry. The government tabled the bill for its first reading on the 10th of December 2008 and it was passed by parliament on 16 December 2008. Opposition parties voiced their disagreement over several clauses concerned with the MACC’s independence.48 48 MACC Bill Passed in Parliament. (2008, December 16). The Star. Retrieved from http://thestar.com.my/news/story.asp?file=/2008/12/16/nat ion/20081216200822&sec=nation. coordinate the implementation of initiatives to fight corruption as outlined in the GTP. The division is parked under the MACC. Whistleblowers are crucial in helping enforcement agencies to detect and investigate corruption cases. As corruption cases are secretive in nature, it is only people who are close to the offenders who are likely to know the cases. However, the risk of exposing or reporting cases could be very high, especially if they involve people who are more superior or powerful than the whistleblower. They could be sued for defamation or libel, dismissed from their jobs, or even face physical abuse. Unless there is adequate protection and incentives as well as adequate investigation following the report, whistleblowers are unlikely to come up and report corruption cases to enforcement agencies. The Act provides the needed protection. 2.4 Conclusion Over time it can be seen that the Malaysian government has acknowledged the prevalence of corruption and recognised the dangers it poses to economic growth and the nation’s development generally. The various legal provisions and continuous improvement of Malaysia’s anti-corruption agency are evidence of the government’s intention to tackle corruption. 49 Loh, Deborah. (2009, August 24). The Problem with MACC. The Nutgraph. Retrieved from http://www.thenutgraph.com/problem-with-macc/. www.ideas.org.my 33 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia The legal provisions against corruption have expanded over time. The types of offences defined by law have been expanded, punishments have been made harsher, and the power of investigation given to the anti-corruption agency has been broadened. The POCA sanctioned corruption offenders a prison term of maximum 5 years, while the current MACC Act sanctioned offenders with a maximum of twenty years imprisonment and a fine of not less than five times the sum or value of the gratification received. Under previous laws, foreign officials are not covered by Malaysian anti-corruption law. But under the MACC Act, in line with article 16 of the United Nation Convention Against Corruption (UNCAC), giving and/or receiving bribe from foreign officials is now an offence.50 The MACC Act also gives the Public Prosecutor the authority to direct a bank not to part, deal or dispose of movable assets used in an offence. Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia fishes) but not ikan jerung (big fish)., even when laws were specifically introduced to enable them to target the bigger cases. Suggestions have been made by many parties to improve the independence of our anti-corruption agencies. Before the ACA was transformed into the NBI in 1973, Dr Chen Mah Hin of the Democratic Action Party (DAP) for example proposed that the ACA should be “answerable directly to the Judiciary and Parliament.51 And to improve the current MACC, the Special Parliamentary Committee on Corruption, the parliamentary body that evaluates the MACC’s report, has proposed that the MACC should have prosecution power.52 Diagram 2: The development of of anti-corruption laws in Malaysia Diagram 2: The development anti-corruption laws in Malaysia The Prevention of Corruption Ordinance (1950) Prevention of Corruption Act (1961) The Emergency (Essential Powers) Ordinance 1970 Diagram 3: The development of anti-corruption agency in Malaya and Malaysia Corruption Prevention Unit (1959) Anti Corruption Agency (ACA), 1967 AntiCorruption Agency (1982) established by POCA 1961 National Bureau of Investigation (1973) Unfortunately, it is still difficult for anti-corruption agencies set up by the Malaysian government to gain confidence from the public. The level of scepticism is still widespread. Critics have continuously pointed out that these agencies lack independence. They are also perceived as not swift enough in investigating certain cases even though complaints are abound. The agencies, since the 1950s, have always been criticised as not being vigorous enough. The agencies have also been criticised for only targeting the ikan billis (small www.ideas.org.my Malaysian AntiCorruption Commission Act (2009) Diagram 3: The development of anti-corruption agency in Malaya and Malaysia Likewise, even though Malaysia’s anti-corruption body is still under the purview of the Prime Minister, the MACC now has better check and balance mechanism than previous anti-corruption agencies, especially with the introduction of advisory board and independent panels into its organisational structure. 50 Wong and Partners. 2009. Malaysian Parliament Enacts New AntiCorruption Law: Client Alert. Retrieved fromhttp://www.wongpartners.com/ files/Uploads/Documents/Type%202/WP/al_wongpartners_parliamentenactsanticorruptionlaw_jan09.pdf. Anti Corruption Act (1997) 51 Marican, 1979. 52 Radzi: Committee to pursue giving prosecution powers to MACC. (2012, June 27). The Star. Retrieved from http://thestar.com.my/news/ story.asp?file=/2012/6/27/nation/20120627150114&sec=nation 34 www.ideas.org.my 35 AntiCorruption Agency (1997) establihsed by AntiCorruption Act 1997 Malaysian Anti Corruption Commission (2009) Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Chapter 3: Examples of anti-corruption intiatives in Malaysia since 2004 There have been attempts, albeit limited, to compile and evaluate Malaysian anti-corruption strategies and initiatives.53 The first one was conducted in the 1970s by Y. Marican Mansoor and the latest was the work of Noor Shiddique Alam in 2010. These studies cover the period between independence until the end of Tun Abdullah Badawi’s administration. They, particularly the most recent work by Noor Shiddique Alam, argue that Malaysia has a comprehensive framework to fight corruption. Our institutional, legal and normative frameworks are “wealthy”54 and the number of initiatives have been “encouraging”55 for the fight against corruption. We have described the development of Malaysia’s legal framework and anti-corruption agency in the previous chapter. This chapter will describe measures and initiatives taken by the MACC, as the main anticorruption agency today, plus those taken by some other institutions established to support the fight against corruption. We hope to present a picture of the initiatives taken by the Malaysian government to fight corruption. Unlike the previous chapter, however, 53 Malaysian anti-corruption strategies is an under-researched topic. Based on our survey, there are only four publications that specifically discuss this issue: (1) Marican, Y. Mansoor. 1979. Combating Corruption: The Malaysian Experience. Asian Survey, 19, pp. 597-610. (2) Siddique, Noore Alam. (2010). Combating Corruption and Managing Integrity in Malaysia: A Critical Overview of Recent Strategies and Initiatives. Public Organization Review, 10, pp. 153-171. (3) Transparency International. (n.d). Toward a Corruption Free Malaysia. Retrieved from http://www.transparency.org.my/ documents/TOWARDS%20A%20CORRUPTION%20FREE%20MALAYSIA.pdf (4) Wan Abdullah, Nik Rosnah. (2008). Eradicating corruption: The Malaysian experience. Journal of Administration and Governance, Vol. 3. No. 1. Retrieved from http://joaag.com/uploads/5_AbdullahFinal.pdf 54 Wan Abdullah, 2008. 55 TI-Malaysia, n.d. www.ideas.org.my this chapter will not use a chronological approach in describing the topic. Instead, we will describe them initiative by initiative, divided generally into initiatives taken by the government and initiatives taken by nongovernment actors As mentioned in the previous chapter, in addition to establishing anti-corruption agency, the Malaysian government has also established different institutions to accelerate the fight against corruption. Among those institutions are the Public Complaints Bureau (Jabatan Pengaduan Awam), the Integrity Management Committee, the Malaysian Institute of Integrity (IIM), the Malaysian Administrative Modernisation and Management Planning Unit (MAMPU), Malaysian Anti-Corruption Academy (MACA) and the NKRACorruption Monitoring and Coordination Division. In addition to these, traditional government institutions like the Auditor General Office, the Attorney General’s Chamber, the Judiciary, the Public Accounts Committee, the Police and Customs also play important roles in combating corruption. We will describe examples of initiatives taken by some of these institutions in the first section in this chapter. The second section will describe initiatives taken by non-government civil society organisations. 3.1 Government initiatives 3.1.1. Malaysian Anti-Corruption Commission The MACC, which began operations officially on January 1, 2009, is tasked to detect, investigate, and prevent the acts of corruption, to educate the public about corruption and to enlist their support to fight against corruption. 36 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia To prevent corruption, particularly in government agencies, the MACC has taken several initiatives such as inspecting the agencies’ procedures and systems, advising heads of government bodies on certain practices or procedures that might provide opportunities for corrupt practices, and inspecting the implementation of certain government projects. Examples of systems and projects that have been inspected by the MACC are: the commercial vehicle examination system, the diesel subsidy scheme to fishermen, the low cost housing allocation, the Port Klang Free Zone project, the Monorail Train project, and the development of the Sultan Zainal Abidin Stadium. Perubahan performed by the singer Aizat Amdan, and its English and Chinese versions performed by singers Jaclyn Victor and Huo Ren respectively. To improve the capacity of enforcement agencies staff in handling corruption cases, the MACC has the Malaysian Anti-Corruption Academy (MACA). Prime Minister Abdullah Ahmad Badawi announced the establishment of MACA in December 2003. The MACA was envisioned to be a centre for training anticorruption agency officers from Malaysia and from across the region. Since its establishment, the MACA has held courses on the investigation of corruption cases, corruption prevention, management and administration of anti-corruption agencies, and the use of technology in anti-corruption efforts. To educate the public and enlist their support, the MACC conducts various activities. Among them are dialogues with different entities including NGOs and associations, seminars and roundtables. More than 2000 talks have been organised in 2011 alone, attended by more than 160,000 people. For university students, the engagement is through the establishment of anticorruption secretariats in universities. Until 2011, there are 17 anti-corruption secretariats in various public universities and they hold activities related to combating corruption and encouraging integrity.56 The MACA also provides accredited courses for integrity officers who are in charge of mainstreaming corporate governance system in their respective companies. Since 2010, MACA has collaborated with Universiti Kebangsaan Malaysia (UKM) to provide a postgraduate Corruption Studies program for officers of enforcement agencies and for integrity officers in private companies who want to further their studies. 3.1.2 The Malaysian Institute of Integrity (IIM) The Malaysian Institute of Integrity (IIM), established by Tun Abdullah Ahmad Badawi on 4 March 2004, was envisioned to be the agency that will coordinate the implementation of the National Integrity Plan (NIP). Another initiative is the dissemination of anticorruption messages through songs, commercials, radio and television shows, print media and the internet. In 2010, for example, the MACC worked with TV2 to produce a drama series Ops SPRM. The series, which were produced at a cost of more than RM500,000, told stories of how the MACC combats corruption. The drama was based on Hong Kong Drama Series ICAC Investigators and aimed to educate the public about the negative impact of corruption and tp promote the work of the MACC. In the same year, the MACC also produced a song Bersama Lakukan The IIM uses various strategies to carry out its role as the implementing agency of the NIP, including research, organising conferences, seminars, and forums, publishing books and other printed materials, advising the government on strategies to enhance integrity and networking with international organisations. Since its establishment in 2003, the IIM has conducted numerous courses, seminars, training, workshops and lectures on the subject of integrity for different segments of the population, from teachers, religious 56 Suruhanjaya Pencegahan Rasuah Malaysia. (2011). Laporan Tahunan 2010. Retrieved from http://www.sprm.gov.my/images/files/LAPORAN_TAHUNAN_2010.pdf www.ideas.org.my 37 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia leaders, housewives, students, to government officials and politicians. (a) perception on corruption, There are at least four programmes tailored by the IIM for government officials: (c) business ethics and social obligations, (b) quality of public service delivery, (d) stability of the family institution and community, 1. Individual and Organisational Integrity Development Courses (Kursus Pembangunan Individu dan Organisasi Berintegriti - PIOB), 2. Organisational Integrity Plan Drafting Workshops (Bengkel Penggubalan Pelan Integriti Organisasi, 3. Local Authorities Integrity Seminars, 4. The Local Educators Integrity Seminars. In 2010 alone, the IIM conducted 60 PIOB courses, 7 seminars for local authorities and 57 seminars for educators. There are other programs designed for the private sector and the public in general. The IIM also published numerous books on integrity and integrity-related topics like corruption and corporate governance. A book of particular importance is National Integrity System: A Guiding Framework. This book elaborates the National Integrity Plan and the role of different groups in society - which IIM calls “integrity pillars” - in its implementation. The pillars include the executive, parliament, the judiciary, the Auditor General, the private sector, the public service, watchdog enforcement agencies, mass media and civil society. What is most interesting is that the book provides integrity checklists to measure whether particular pillars have adequately performed their role in fostering integrity. To measure the success of the National Integrity Plan, the IIM developed the National Integrity Perception Index (IPIN). The index is obtained through a nationwide survey of public officials and the general public. Six indicators are used to derive the index57: 57 Ismail, Mohd Zaidi. (2008, 29 July). Perception and reality. The Star. Retrieved from <http://thestar.com.my/columnists/story.asp?file=/2008/7/29/ columnists/ikimviews/21942091&sec=ikimviews>. www.ideas.org.my (e) quality of life and community welfare, (f) public courtesy. Four national surveys to obtain IPIN have been conducted up to now, with the first result announced in 2007. The IIM works with the Department of Statistics and academics to conduct the survey and produce the index. After Tun Abdullah Badawi stepped down in 2009, the IIM continued to function as the coordinating body for the National Integrity Plan. The IIM continues to hold public events and other activities to foster integrity. In 2011, the IIM launched Corporate Integrity System of Malaysia (CISM), a project to encourage businesses to comply with the principles of good governance by signing the Corporate Integrity Pledge and Corporate Integrity Agreement. Until September 2012, a total of 128 entities ranging from Multinational Corporations to Small and Medium Enterprises have signed the documents. 3.1.3 The National Integrity Plan The National Integrity Plan is a five-year plan drafted under the leadership of Tun Abdullah Ahmad Badawi to realise Vision 2020 by “establishing a fully moral and ethical society”. The plan was designed with public participation in mind. In Tun Abdullah’s view, “there is no mechanism thus far to involve other sectors such as the private sector, political parties, non-government organisations, religious groups, the media, women, youth, and students in an integrated and coordinated movement to enhance integrity.” The NIP therefore serves as a “master plan to guide” all sectors in pursuing the goal of establishing a society “whose citizens are strong in religious and spiritual values and 38 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Table 9: The 2004-2008NIP NIP target measure of success Table 9: The 2004-2008 targetand anditsits measure of success Target To effectively reduce corruption, malpractice, and abuses of power To increase efficiency in the public service delivery system and to overcome bureaucratic red tape To enhance corporate governance and business ethics, To strengthen family institutions. To improve the quality of life and people’s well being Measures of Success Increase in the CPI score from 5.2 to 6.5. The success of the Anti-Corruption Agency (ACA) in investigating and resolving corruption cases Improvement in Public Perception Index of public services The decrease in the number of public complaints An increase in compliance to the conditions set by the Malaysian Securities Exchange Berhad Reduction in corporate fraud cases Increase in the number of open tenders, Increase in compliance to Rukunniaga Malaysia, Reduction in cases of violation of the Consumer Protection Act 1999 Reduction in divorce rates Reduction in family conflicts caused by disputes over inheritance and child custody, Reduction of domestic violence, Reduction of neglect of the elderly Increase in assistance given to single family Reduction in serious crimes, social problems, road accidents, misconduct among students, and environmental degradation Source: National Integrity Plan taken into account views from different stakeholders, it seems that those outside government circles were not consulted in the process. Another concern was the absence of substantial reforms in the plan, such as to encourage “independent, impartial and informed judiciary, free and independent media and the right to information”,59 as well as to encourage transparency in the procurement process.60 imbued with the highest ethical standard”. 58 The National Integrity Plan was to be implemented in stages. The first stage, from 2004 to 2008, had five targets: the reduction of corruption, increasing efficiency in the public delivery system, the enhancement of corporate governance and business ethics, the strengthening of family institutions, and the improvement of people’s quality of life and wellbeing. While many praised the plan, critics raised several concerns. One of the main concerns was the way the plan was drafted. While the National Integrity Plan handbook mentioned that the formulation had 59 Siang, Lim Kit. (2004, 23 April). National Integrity Plan should not end up like the Judges’ Code of Ethics 1994 not only as a “dead letter” but a farce because of wide divide between promise and practice. Retrieved from <http://dapmalaysia.org/all-archive/English/2004/apr04/lks/lks2982. htm>. 58 Government of Malaysia, 2004. 60 Lopez, Gregore Pio. (2007). Transparency key to National Integrity Plan. Retrieved from http://www.malaysianbar.org.my/index2. php?option=com_content&do_pdf=1&id=7823. www.ideas.org.my 39 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia The implementation of the 2004-2008 Plan was reported in the 2008 Tekad Report and submitted to parliament. 2004, the RCP received submissions, complaints, and feedback from civil society groups and individual members of the public regarding the police force. In 2009, the IIM announced the implementation of the second stage of the National Integrity Plan which will be implemented between 2009 and 2013. The second stage still targets the same areas as the first. The RCP identified that various forms of corruption were practiced in the police force and it made several recommendations to tackle the problem. The recommendations include launching joint operations with other enforcement agencies, establishing an Audit Management Committee, and implementing job rotation and tenure limitation in departments prone to corruption.61 3.1.4 The NKRA-Corruption Monitoring and Coordination Division The NKRA Corruption Monitoring and Coordination Division works under the MACC, and is tasked with monitoring and coordinating the implementation initiatives of fighting corruption outlined in the Government Transformation Programme (GTP). The division was established as a result of the consultation process to develop an implementation framework for fighting corruption under Dato’ Sri Najib Abdul Razak’s administration. The consultation process involved individuals from both government and private sectors. All initiatives under Dato’Sri Najib Razak’s administration are monitored and coordinated by this division. Its role is more or less the same as the IIM’s during Tun Abdullah’s administration. The NKRA also organises coordination meeting for agencies involved in fighting corruption, and ensure all parties are up to the task and on the right track. 3.1.5 Tackling corruption in enforcement agencies Enforcement agencies and particularly the police have been perceived or accused by many parties to be among the most corrupt institutions in the country. Tun Abdullah Ahmad Badawi announced the establishment of the Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police (RCP) in 2004. The RCP’s task was to “change the mindset and values of members of the police force (PDRM) so as to improve their service and to adopt zero tolerance towards corruption”. Throughout www.ideas.org.my After taking over the premiership, Dato’ Sri Najib Abdul Razak continued the drive against corruption in enforcement agencies. He included other key enforcement agencies in this agenda: the police force, immigration, customs, the MACC and the Jabatan Pengangkutan Jalan (JPJ). His administration took several actions, a selection of which are described below. Firstly, the establishment and strengthening of compliance units in government agencies. The compliance unit works within agencies and is tasked with monitoring officers’ compliance with anticorruption measures, and coordinating anti-corruption initiatives within the agency. In the police force, for example, the compliance unit is Urus Setia Ketua Polis Negara (Tata Tertib). The unit acts as a liaison centre and coordinates anti-corruption efforts within the force. It evaluates, monitors, and inspects the works of all police officers (like quality of service, compliance with rules and procedures) through integrity testing by using various methods (inspection, urine testing etc.). Secondly, Najib’s administration started to utilise more technology to reduce corruption. For example the police force introduced an online reporting system in 61 Transparency International. (n.d). Toward a Corruption Free Malaysia. Retrieved from http://www.transparency.org.my/documents/TOWARDS%20A%20CORRUPTION%20FREE%20MALAYSIA.pdf 40 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia which public can report any criminal cases through the internet and obtain a copy of the report at any police stations.62 The public is also able to track the progress of cases reported to the police online. Another example is the Customs Department which introduced an automated job rotation system. By utilising technology, the discretion to place a customs officer in a certain location will no longer be vested in certain higher-ranking individuals, but on expertise and needs as evaluated by the system.63 Aside from improving transparency, this initiative is expected to reduce the abuse of discretion and bureaucratic hassles. direct negotiations without having to comply with procurement regulations. To improve transparency in the procurement process, particularly for selecting contractors for infrastructure maintenance, Tun Abdullah’s administration encourages more open tenders and the involvement of representatives from different agencies in the tender committee.64 Dato’ Sri Najib continues reforming the procurement process by taking the following initiatives. First, the disclosure of all government procurement contracts to the public through different procurement portal such as Myprocurement (http://myprocurement.treasury. gov.my/) and e-perolehan. Through these portals, the public can check active procurement tenders and the results of the tender processes, i.e contractors that won the contract and the prices. Thirdly, Najib’s administration introduced initiatives to encourage enforcement agencies to instill a job rotation system. Officers in units that are prone to corruption or working in corruption-prone positions are rotated regularly to ensure they are not continuously faced with the “pressure”. The police force for example has implemented this in their gambling and illegal activities unit as well in the Criminal Investigation Unit. Second, the reduction of the use of “support letters”, which is an unofficial recommendation letter produced by Members of Parliament or high ranking government officials to support certain contractors bidding for government projects. The issuance of support letters has become a widespread practice to secure government contracts. Contractors simply obtain a note from someone with authority or influence, and this will be submitted with their bids. Now, such letters do not always work anymore. MAMPU has been made responsible to supervise this effort. 3.1.6 Tackling corruption in the procurement process Another area that is commonly accused as being prone to corruption is government procurement. The potential corrupt practices, among others, include the granting of contracts outside of the proper tender process and the inflation of the price of procured goods. During Tun Abdullah’s premiership, the efforts to tackle corruption in this sector was started with the abolishment of the Project Management Consultant (PMC), a consortium of several infrastructure contractors registered with the Ministry of Finance who could be awarded projects through Third, the encouragement of all government agencies to sign the Integrity Pact. The Integrity Pact is a tool developed by Transparency International to help the government, businesses and civil society intent on fighting corruption in the procurement process. Every civil servant handling the procurement process has to sign this pact when they start the job and renew it regularly. 62 Gobind lauds police report tracking system. (2009, 15 June). FMT News. Retrieved from http://www.freemalaysiatoday.com/category/nation/2012/06/15/gobind-lauds-police-report-tracking-system/. 3.1.7 Introducing better deterrents Another important initiative is the creation of a 63 E-penempatan atasi isu rasuah pegawai kastam. (2012, 23 July). Berita Harian. Retrieved from <http://www.bharian.com.my/bharian/articles/epenempatanatasiisurasuahpegawaikastam/Article/>. www.ideas.org.my 64 Transparency International, n.d. 41 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia databate of offenders which is publicly available online on the MACC website. The database (Pangkalan Data Pesalah Rasuah) features offenders convicted since January 2010 onwards and was introduced in March 2010. It is constantly updated with the latest information. As of September 2012, there are 1021 offenders listed in the database. Each offender is featured with their photograph, personal particulars and case history which includes their sentence, the court, the trial judge, the deputy public prosecutor, and defence lawyer. These information remain in the database for 3 years. Offenders featured in the database come from various backgrounds, from civil servants, politicians, contractors, to regular citizens. Several high-profile personalities are also named in the database. They include Sabak Bernam MP, Dato’ Abd. Rahman Bakri, former Selangor Menteri Besar Dato’ Dr. Mohamad Khir Toyo, and former Perak State Executive councillor Dato’ Azman Mahalan. 3.1.8 Clearing backlog of corruption cases A Special Corruption Sessions Courts were established to speed up trial of corruption cases and to clear backlog cases. The judges in this court only handle corruption cases and they are trained with the proper application of the Whistleblower Protection Act. There are 14 such courts nationwide in Kuala Lumpur, Selangor, Johor, Pahang, Perak, Negeri Sembilan, Sabah and Sarawak.65 The establishment of these special courts came up because the trial of corruption cases normally takes longer time than other cases as it “involves a lot of witnesses and documentary evidences that need to be examined by the courts and the parties.”66 3.1.9 Promoting good governance in the private sector This section will describe two government agencies that are specifically tasked to fight corruption and to promote good governance in the private sector. Government agencies mentioned in the previous sections also deal with the private sector. But the Securities Commission and the Companies Commission of Malaysia work specifically with the private sector. The Securities Commission of Malaysia (SC) was established in 1993. It is a statutory body entrusted to regulate and systematically develop Malaysia’s capital markets. It has direct responsibility to supervise and monitor the activities of market institutions and to regulate all persons licensed under the Capital Markets and Services Act 2007. The SC reports to the Minister of Finance. It has the power to investigate and enforce the areas within its jurisdiction. It is a self-funding organisation and its income is derived from the collection of levies and applicable fees. The SC is required to table its annual report to parliament. The SC encourages good corporate governance Table 10: Number of offenders in the externally to their stakeholders – corporate and Table 10: Number of offenders in the Corruption Offenders Database Corruption Offenders Database licensed representatives – and internally to their own Year Number of Offenders 2010 269 2011 449 2012 303 TOTAL 1021 www.ideas.org.my staff. To monitor external parties, the SC establishes Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia regulatory frameworks, set audit oversight boards, and cooperates with the judiciary to ensure court sentences are properly delivered. Internally, SC has taken various initiatives to cultivate a culture of governance and integrity among its staff.67 TI-Malaysia was founded in 1996 by several prominent individuals including Tunku Abdul Aziz, Dato’ Anwar Fazal, Raja Aziz Addruse, and Dato’ Param Cumaraswamy. Its aim is to empower ordinary people to fight against corruption. The Companies Commission of Malaysia was established in 2002 and comes under the purview of the Ministry of Domestic Trade, Co-operatives and Consumerism. It administers and enforces several laws, including the Companies Act 1965 (CA), the Trust Companies Act 1949, the Registration of Businesses Act 1956 (RBA), Kootu Funds (Prohibition) Act 1971 and all subsidiary legislations made under these acts. The Companies Commission has the authority to approve and register companies and businesses and also to inspect and investigate them when they suspect corrupt practices. TI-Malaysia has always called for Malaysia’s anticorruption agency to be given more independence, a more transparent government procurement process, reform of political financing, better regulation of political parties and election, and public disclosure of public officials’ assets. TI-Malaysia also campaigns for freedom of information and freedom of the press as they believe good governance is impossible if citizens are not given free access to information. TI-Malaysia uses research, publications (books, newsletters, and press statements), and public forums to push its anti-corruption agenda. In 2010,TI-Malaysia published “Reforming Political Financing in Malaysia”, a book that discusses financing of political parties, evaluates our regulatory systems and recommends ways to make them more transparent. 3.2. Civil society initiatives Civil society movements, ranging from NGOs, professional bodies, mass membership organisations and associations, have also played important roles to fight corruption in Malaysia. Many of them do not have specific anti-corruption programs, but they complement the fight against corruption by campaigning for a more transparent and accountable policy making process, for freedom of information and for freedom of speech. Such messages surely are resonant with fighting corruption. TI-Malaysia also engages with and recommends policy proposals to government bodies. One government agency that TI has engaged with since 2010 is the Ministry of Natural Resources and Environment. Working with the Ministry, TI-Malaysia has developed a program called Forest Governance Integrity (FGI), which, among others, allows the public to use online media (mainly Google Earth) to report illegal activities. The public can also raise concerns, provide information and advice regarding forest governance through this project. In this section, however, we will describe only the works of civil society groups that are specifically working on anti-corruption and integrity. There are only a handful of civil society groups in Malaysia that fall under this category. To date, the best know is probably Transparency International Malaysia (TIMalaysia). TI-Malaysia also engages with the private sector to encourage companies to adopt good governance in their business practices, and to sign the Integrity Pact. As explained above, the Integrity Pact is a tool developed by Transparency International to allow 65 Aggressive campaign among steps taken to fight corruption. (2012, 3 April). The Star. Retrieved from <http://thestar.com.my/news/story. asp?file=/2012/4/3/nation/11031533&sec=nation>. 66 Special courts to speed up graft cases. (2011, 7 April). The Borneo Post. Retrieved from <http://www.theborneopost.com/2011/04/07/specialcourts-to-speed-up-graft-cases-cj/#ixzz1vZbI4Z9w>. 42 67 Participant’s presentation at IDEAS Roundtable on Anti-Corruption on 4 May 2012. www.ideas.org.my 43 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Table11: 11:First First TI-Malaysia TI-Malaysia Executive Committee Table Executive Committee Protem President : Protem Deputy President: Protem Hon. Secretary General: Protem Treasurer : Committee members : Tunku Abdul Aziz Tunku Ibrahim Dato’ (Dr.) Anwar Fazal Anis Yusal Yusoff Annette Goh 1. Raja Abdul Aziz Addruse 2. Dato' Dr. Ronald S. McCoy 3. Dato' Param Cumaraswamy 4. Prof. Dato’ Hamdan Adnan 5. Prof. Mehrun Siraj 6. Ramdas Tikamdas 7. Ahmad Azam Abdul Rahman 8. Sunitha Bisan parties involved in procurement process to voluntarily declare that they will avoid corrupt practices. Additionally, TI-Malaysia has developed the Business Integrity Programme (BIP) which provides consultancy and assistance to companies interested in building integrity systems in their organisations. Oriental Hearts and Minds Studies Institute (OHMSI) is another civil society organisation that is important to mention here. It is a non-profit organisation run by Malaysian Christians, with the aim of becoming a vehicle for Christian communities to be involved and make contributions in public life. One of their core areas of interest is mobilising the integrity agenda. OHMSI strongly believes in the central role of the public in fighting corruption. For that reason, OHMSI focuses their activities on engaging the public and raising their awareness about the dangers of corruption and the importance of integrity. Since 2005, OHMSI has organized five national conferences on integrity and has mobilised the public to sign pledges against corruption. Another budding civil society group is the Sinar Project. They are not a membership-based organisation. Instead, they consist of several individuals committed to maximise the use of internet to inform the public about corruption and potential abuse of power in www.ideas.org.my Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia governance in Malaysia. It provides consulting to companies interested in implementing good corporate governance, training, and it also organises public events such as roundtables and seminars. The MICG manages the Corporate Governance Rating to encourage companies to comply with good corporate practices. Another example of civil society organisation working on private sector issues is the Malaysian Institute of Certified Public Accountants (MICPA), established in 1958. Today, it has 3,200 members nationwide. MICPA members are often called by regulatory bodies like the Securities Commission, Bursa Malaysia, Bank Negara, and the Ministry of Finance to assist in relevant issues. government. The Sinar Project is currently developing an online tool that will allow the public to participate in tracking public sector corruption by publishing information about the amount of money being embezzled as well as officials involved. There are other groups who do not specifically work on anti-corruption, but take corruption issues, particularly in public sectors, as one of their concerns. Suara Rakyat Malaysia (SUARAM) can be mentioned in this regard. While SUARAM is an NGO working primarily on human right issues, it has been actively involved in revealing the possibility of corruption within government bodies in the process of procuring the Scorpene Submarine. On the other hand, Bersih and Malaysians for Free and Fair Elections (MAFREL) campaign to eradicate possible corrupt practices in the election system. While the groups mentioned in the previous paragraphs concentrate mostly on corruption in the public sector, there are civil society organisations that look into promoting integrity and good governance in the private sector. An example is the Malaysian Institute for Corporate Governance (MICG). MICG is a non-profit entity established in 1998 to raise awareness and improve the practice of good corporate 44 www.ideas.org.my 45 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Chapter 4: Evaluation of the initiatives The two previous chapters have shown a wide range of initiatives undertaken by the government and civil society organisations to tackle corruption in Malaysia. Unfortunately, as shown in the Chapter 1, the impact on public perception is somewhat mixed. In this chapter, we will briefly evaluate the initiatives described in Chapters 2 and 3. 4.1 The need to address root causes of corruption A survey of more than 200 literature on anti-corruption strategies by the Australian Institute of Criminology (AIC) suggests that for anti-corruption initiatives and strategies to be successful, they should address the causes of corruption and consider the political and socio economic environment in which corruption thrives.68 Corruption is generally committed because the offenders want to get extra benefits illegally or they want to avoid certain costs. For example, in order to win a government contract without having to follow normal procedures, the person may bribe public officials to tailor procurement regulations or product specifications so that it suits what he has to offer. And a person who is in the business of importing illegal goods may bribe enforcement officials to avoid being detained by the customs or the police. Yet merely wanting to get benefit or avoiding costs in itself does not necessarily lead to corrupt acts. Corruption is more likely to happen if the desires are coupled with actual opportunities to commit such actions. The opportunities may be created by different 68 Rob McCusker. 2006. Review of anti-corruption strategies. Canberra: Australian Institute of Criminology. Retrieved from http:// www.aic.gov.au/documents/8/F/1/%7B8F179E8B-B998-4761-84B3AD311D7D3EA8%7Dtbp023.pdf. www.ideas.org.my factors, such as weak oversight, weak regulations, or inaction of enforcement agencies. Corruption is also more likely if there are situations that make it “alright” to be corrupt, such as the existence of cultural tolerance to bribery and pervasive low income levels. Interestingly, one of the top three causes identified by a survey of experts in different countries is norms and values of politicians and public servants.69 The size and incidence of corruption depend on the overall level of public benefit available, the riskiness of corrupt deals and the relative bargaining power of bribe giver and bribe receivers.70 For that reason, anticorruption strategies should seek to reduce public benefits available in the hands of officials, increase the risk of doing corruption and limit the bargaining position of the officials.71 Additionally, since political history and context of countries are different, anti-corruption initiatives need to be tailored to fit the local context. Studies have shown that corruption is likely to be more prevalent in countries where legitimacy of the state as the guardian of public interest is contested, rule of law is weak, and institutions of participation and accountability are ineffective.72 Yet, again, the level of 69 Ibid. 70 Rose-Ackerman, Susan. April 2006. The Political Economy of Corruption—Causes and Consequences. Public Policy for the Private Sector, No. 74. Retrieved from http://rru.worldbank.org/documents/ publicpolicyjournal/074ackerm.pdf. 71 Rose-Ackerman, Susan. The Political Economy of Corruption. Retrieved http://www.iie.com/publications/chapters_preview/12/2iie2334.pdf 72 Shah, Anwar. (2007). Tailoring the Fight against Corruption to Country Circumstances. In Anwar Shah (ed.), Performance Accountability and Combating Corruption (pp. 229-250). Washington, D.C.: The World Bank. Retrieved from http://siteresources.worldbank.org/PSGLP/Resources/TailoringtheFightShah.pdf. 46 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia weaknesses in legitimacy, rule of law, and institutions for participation will vary from country to country. For that reason, a country cannot simply import and imitate anti-corruption strategies of other countries to tackle corruption. What works in Hong Kong and Singapore, for example, is not automatically applicable in Malaysia. Exporting the whole mechanism, strategies and initiatives without understanding the root cause of corruption and the context in which it operates will likely end in failure. of corruption, nepotism and cronyism are widespread.74 The Ali-Baba75 practice and the awarding contract without open and transparent tender resulted, partly, from this practice. Another study argues that ‘state capture’ facilitates corruption in Malaysia. State capture is the condition where non-government entities, usually firms, are able to shape the laws, policies, and regulations of the state for their own advantage. It can be seen from continuous practice of awarding project and contracts without open tenders and competitive bidding, the limitation placed on citizens to access information freely, and the close nexus between business and politics in Malaysia.76 Available studies on anti-corruption strategies in Malaysia reflect this proposition. The studies generally agree that Malaysia’s anti-corruption frameworks and strategies are comprehensive and elaborate. Malaysia has a decent legal framework, and robust institutional and normative framework. And the strategies adopted by the government have combined punitive and preventive measures to ensure offenders are punished and potential acts of corruption are curbed. The government has also embarked on public education activities in the fight against corruption.73 Thus if the Malaysian government is serious in wanting to reduce the incidence of corruption, the same study recommends that measures to address the “defects in the country’s political systems, cultures and institutions,” and to strengthen democracy and accountability, should be adopted. Examples include the enactment of a freedom of information act, repealing laws that limit citizens’ access to information like the Official Secret Acts, dropping regulations and restriction to the media, reforming and strengthening judiciary and reforming political financing system.77 However, these elaborate frameworks and strategies may not be effective in tackling because they do not address the root causes of corruption In Malaysia. According to one study, the root causes of corruption in Malaysia are actually “politicisation of bureaucracy and ethnic politics in politics and public policy”. There have been instances whereby the Malaysian Civil Service conducted itself in manners that make them seem to be not neutral, and siding with the ruling party. As a result, bureaucratic discretion is exercised without sufficient freedom from political influence, and corrupt practices become rampant. 4.2 Redundancies and duplications From our observation, the Malaysian problem does not only stem from our inability to address the root causes of corruption, but also because the initiatives and strategies have inherent flaws. The government, particularly the various agencies involved in tackling corruption, seems to feel that comprehensive strategies, which encompass prevention, enforcement Similarly, our politics are organised along ethnic lines. Combined with the high level of ethnic considerations in our public policies, it is unsurprising that accusations 74 Ibid. 75 This is the practice in which the contractor who won a government project subcontracts the whole or part of the project to other parties and gets commission for winning the contract. 73 Siddique, Noore Alam. (2010). Combating Corruption and Managing Integrity in Malaysia: A Critical Overview of Recent Strategies and Initiatives. Public Organization Review, 10, pp. 153-171. www.ideas.org.my 76 Transparency International, n.d. 77 Siddique, 2010. Transparency International, n.d. 47 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia and public education, is a must for all agencies involved in the effort. This is not necessarily the case, and, in fact, it can be wasteful. The tendency to become ‘comprehensive’ has resulted in redundancies and duplications. It has become a norm in Malaysia that whenever a new Minister (or Prime Minister) takes over, they established new plans for reform and new agencies to implement and coordinate those reforms. Perhaps in one sense this is a good move because it shows that the new leader has his own agenda for reform. Yet, sometimes, the new plan comes without proper assessment of the status and performance of the previous one. Malaysia currently has two different entities that have been tasked with coordinating the implementation of government initiatives to combat corruption. The first is the Malaysian Institute of Integrity (IIM), which has the mandate to implement and monitor the National Integrity Plan. The second is the NKRA Corruption Coordination and Monitoring Division, which has the mandate to coordinate anti-corruption initiatives under the GTP. We could also include the Integrity Management Committees which was established in 1998 and instituted in all levels of government to embark on anti-corruption activities in government offices. Even though these agencies may differ in the specifics, they are rather duplicative at the strategic level and could have functioned as one if properly streamlined. We understand that the IIM is not a direct government agency like the NKRA because it is a company limited by guarantee. Yet it was mandated to coordinate the implementation of a major government plan - the National Integrity Plan - and it is still tasked with that mandate today. The status of this plan in the current administration’s framework of fighting corruption is not clear. And it is also unclear how the IIM and NKRA Division should carry out their duties without overlapping each other. In fact, the overlap is not just Table 12: List of universities in which the MACC and the IIM established platform for students antiTable 12: List of universities in which the MACC and the IIM established platform for programme studentscorruption anti-corruption programme The MACC’s Anti-Corruption Secretariat 1. Universiti Sains Malaysia 2. Universiti Malaysia Sarawak 3. Universiti Malaysia Sabah 4. Universiti Penguruan Sultan Idris 5. Universiti Sains Islam Malaysia 6. Universiti Malaysia Terengganu 7. Universiti Teknikal Malaysia Melaka 8. Universiti Kebangsaan Malaysia 9. Universiti Utara Malaysia 10. Universiti Islam Antarabangsa Malaysia 11. Universiti Teknologi Malaysia 12. Universiti Pertahanan Nasional Malaysia 13. Universiti Tun Hussein Onn Malaysia 14. Universiti Malaysia Pahang 15. Universiti Malaysia Kelantan 16. Universiti Sultan Zainal Abidin 17. Universiti Malaysia Perlis www.ideas.org.my The IIM’s Student Integrity Partner (RIM) 1. Universiti Sains Malaysia 2. Universiti Malaysia Sarawak 3. Universiti Malaysia Sabah 4. Universiti Pendidikan Sultan Idris 5. Universiti Sains Islam Malaysia 6. Universiti Malaysia Terengganu 7. Universiti Teknikal Malaysia Melaka 8. Universiti Putra Malaysia 9. Institut Pendidikan Guru Kampus Raja Melewar 10. Politeknik Sultan Haji Ahmad Shah Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Table 13: Examples of public education programme through mass media in 2010 Table 13: Examples of public education programme through mass media in 2010 Examples of Programme Public Service Announcement “Integriti Abadikan dalam diri” Telemovie‘SYUBAHAH’ Cerekarama ‘KHILAF JIWA’ Drama Bersiri 13 Episod “OPS SPRM/ FAN TANXING DONG Commercial- Rezeki Yang Berkat Commercial- Laporkan Tentang Permintaan Rasuah Commercial- Rasuah Adalah Mengenai Kesengsaraan Sound Slide - Bersama Lakukan Perubahan, Perangi Rasuah (World Cup 2010) Sound Slide – Kempen Perangi Pemberi Rasuah Sound Slide – Hadiah Radio Commercial (6 Series) Platform MACC MACC MACC RTM 1 TV3 RTM2 MACC MACC MACC MACC RTM, TV3 and Astro RTM and TV3 RTM and TV3 RTM and TV3 MACC MACC MACC TV3 RTM and TV3 Hot FM Radio, FLY FM Radio, Klasik FM Radio and RTM. Hot FM Radio Promotion in conjunction with the 2010 National Day IIM Celebration (20 seconds) Source: The 2010 IIM Annual Report, The 2010 MACC Annual Report between the IIM and the NKRA Division, but also with the MACC, as we will illustrate below. table, have both the MACC and the IIM programme. The same duplication occurred to public announcement programmes. As various agencies engage with mass media to conduct their public education initiatives, they rely on the same media channels. Government agencies have not maximised the full potential of traditional mass media like TV stations and radio in our country by diversifying their reach. There is heavy reliance on TV1, TV2 and TV3, and only 4 out of 63 radio stations in the country, by almost all the agencies to spread their messages. Non-mainstream media like The Malaysian Insiders, Malaysiakini or online TVs are ignored. The IIM has been running a programme called Students Integrity Partner (Rakan Integriti Mahasiswa), a platform for university students to run activities to promote integrity in university campuses. Ten universities have established the programme. A similar programme for university students, however, has also been created by the MACC, only different in name – this time called Anti-Corruption Secretariat (Sekretariat Pencegahan Rasuah). There are 17 universities with such secretariats. This is an example where resources could be better spent if there are some coordination between the agencies. The introduction of Corporate Integrity Pledge, a pledge signed by businesses to prove their commitment to comply with the principles of good governance, is another example. This project was initiated by the IIM, Bursa Malaysia, Bank Negara and The problem is not only unnecessary duplication, but also the fact that the outreach is limited. Instead of going to different universities, both agencies went to same universities. Seven universities, as shown in the 48 Agency IIM www.ideas.org.my 49 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Table 14: Online procurement portals Portal Name, Website, Launch Date Owner Myprocurement http://myprocurement.treasury.gov.my/ April 2010 Ministry of Finance E-‐perolehan http://home.eperolehan.com.my/v2/index.php 1999 National e-‐Tendering Initiative (NeTI) Ministry of Finance Public Works Department Government Procurement Information System Ministry of http://gpis.treasury.gov.my/gpis/view/login.action Finance E-‐perunding https://eperunding.treasury.gov.my/v1/ other partners. While it is a noble initiative, it is a repetition of the Integrity Pact that TI-Malaysia has developed. Admittedly there are some differences, especially because the first Corporate Integrity Pledge is only a pledge that does not require any other party to sign, while TI-Malaysia’s Integrity Pact requires at least two parties to sign it. Still, both are documents that are intended to make business entities uphold the values of integrity and avoid corrupt practices in their transactions. Some participants of our anti-corruption roundtable raised concerns over the minimal followup for the Corporate Integrity Pledge that may result in it becoming ineffective.78 Another duplicative initiative is in government procurement. Currently, there are at least five online procurement portals created by the government: Myprocurement, e-perolehan, NeTI, Government Procurement Information Systems and e-Perunding. 78 Participants’ presentation at IDEAS Anti-Corruption Initiatives Roundtable on 19 May 2012. www.ideas.org.my Ministry of Finance Function and Information Available To provide information on open and awarded tenders (dates, values of the contracts and winners of the tenders) To allow government ministries to procure goods and services online. To automate the procurement process for Contractor To record detailed procurement information from all government agencies and to allow officials at Ministry of Finance to analyse those information and produce report efficiently To speed up the process of registering consultants for any government projects and to provide a reliable consultant database. Putting up information about government contracts online is certainly a good effort. It can help improve accountability and transparency of the whole process. However, as we can see from the table, the functions of these portals overlap each others. Additionally, the recent GTP Road Map on Corruption that was launched in August 2012 pointed out some weaknesses of the portals. The current procurement portals use different systems and the information provided to the public is very limited. These portals for example do not provide full procurement plan and do not disclose reasons for granting the job to the winning bidder.79 There are also reports of inaccuracies in data posted in the portals and the feeling that these portals do not disclose all contracts offered by the government.80 The many trainings and seminars organised by 79 Jabatan Perdana Menteri. (2012). The Government Transformation Programme The Road Map 2.0: Catalysing Transformation for a Brighter Future. Kuala Lumpur: Jabatan Perdana Menteri. 80 Pua, Tony. (2011). The Tiger that Lost its Roar. Kuala Lumpur: DAP. pp. 60-61. 50 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia government agencies have also attracted criticism. In one of our anti-corruption roundtables in May 2012, some participants expressed unhappiness with the nature of these public events – the events focus too much on explaining what corruption and integrity is but did not spend enough time to explain how the public can be involved.81 this been achieved, but the ICAC had successfully smashed all corruption syndicates in the government and prosecuted 247 government officials, including 143 police officers. Since then, ICAC successfully maintains very low levels of corruption in Hong Kong. It should be noted that when ICAC was established, the public was far from optimistic about the likelihood of change with the city’s rampant level of corruption. However, the arrest of Peter Godber changed the mood. It proved to the Hong Kong public that their government sincerely wished to crack down on corruption. This case makes Tony Kwok Man-wai argue that anti-corruption agencies should prioritise enforcement initiatives. The ICAC, according to him, devoted 70% of its resources to enforcement. Successful enforcement will boost public support for the agency and at the same time deter potential corruption. 4.3 Strengthening enforcement initiatives Many parties cite Hong Kong as a success story in the fight against corruption. Its anti-corruption commission, the Independent Commission Against Corruption (ICAC) has been used as a model for anticorruption agencies in different countries. The MACC was also somewhat modelled on ICAC. Hong Kong has steadily ascended to be among the 15 least corrupt countries on the Corruption Perception Index (CPI). Before the ICAC was instituted in 1974 however, Hong Kong was rife with corruption. “Corruption was a way of life then and there was at that time a saying that corruption existed from womb to tomb”, says Tony Kwok Man-wai, the former deputy commissioner of ICAC. He also mentions that “there was also a particularly close business association between law enforcement agencies and organised crime syndicates. Nearly all types of organised crimes, vice, gambling and drugs, were protected. As a taxi-driver, you could even buy a monthly label to stick on your taxi and it would guarantee you from any traffic prosecution”.82 As stated above, investigating and prosecuting corruption cases, particularly those involving high profile individuals is not a simple task. Malaysia is not the only country that faces this problem. In high profile cases, the challenge comes not only just from the fact that these cases are usually more complicated in nature than smaller scale corruption, but also from possible political intervention and pressure from the high-ranking individual’s backers. The government has taken steps to improve the efficiency and effectiveness in prosecuting corruption cases. The Whistleblower Protection Act 2010, the Witness Protection Act, Special Sessions Court for corruption cases, and a Corruption Offenders Database are among those initiatives. The ICAC was established after Peter Godber, the Hong Kong Police Chief Superintendent who was at that time being investigated for corruption, managed to escape to Britain. The Hong Kong public demanded that the government takes all actions possible to bring Godber to justice. Within three years, not only had Another significant initiative in this regard is the introduction of harsher punishments. The maximum prison sentence for those found guilty of corruption has been increased to 20 years. And in cases involving bribery, the maximum fine is five times the value of bribe received. These penalties are steep compared to 81 Participants’ presentation at IDEAS Roundtable on Anti-Corruption Initiatives on 19 May 2012. 82 Recent Development in Anti-Corruption in Hongkong, <http://www. kwok-manwai.com/Speeches/Recent_Development_in_Anti corruption_ Efforts_in_Hong_Kong.html>, accessed on 4 October 2012. www.ideas.org.my 51 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia other countries. In Indonesia, those who are convicted of corruption can be jailed for a maximum of twenty years and fined a maximum of IDR 1 billion (around RM 300,000). In Singapore the maximum fine is SGD 100,000 (around RM 250,000) and the maximum imprisonment is five years.83 In Hong Kong the penalty is a maximum of seven years imprisonment and the maximum fine is HK$ 500,000 (around RM 200,000). 84 The initiatives to improve enforcement have produced some positive results. The conviction rate has improved, and so has the speed of MACC’s investigation and response to reports. The MACC has also been successful in prosecuting several high-profile corruption offenders, or in bringing the accused to court. For example, the National Feedlot Project was successfully brought to the court for trial. However, despite improvements in its conviction rate, MACC’s performance is still lagging when compared to other countries. The MACC may have increased its conviction rate from 54% in 2009 to 74% in 2011. But ICAC’s conviction rate has been steadily hovering at a 85% since 2009 and the Indonesian Corruption Eradication Commission (KPK) has a 100% conviction rate. We feel that the MACC may suffer from some shortcomings, which we will elaborate in the following paragraphs. These shortcomings will affect how the public perceive the MACC, and anti-corruption initiatives generally. First, some cases which could be deemed by the public corruption cases, are sometimes not tried under the MACC Act. The case involving Dr Mohammad Khir Toyo, former Selangor Menteri Besar, is a good 83 Corrupt Practices Investigation Bureau. (2006, 26 May). Education. Strong Anti-Corruption Law/Administrative Measure. Retrieved from http:// app.cpib.gov.sg/cpib_new/user/default.aspx?pgID=165. 84 Independent Commission Against Corruption Hong Kong. (n.d.). Good Governance and Internal Control-A corruption Prevention Guide for Listed Companies. Retrieved from http://www.icac.org.hk/filemanager/en/content_1031/listed_comp.pdf. www.ideas.org.my example. He was charged with corruption as he used his position to obtain houses at prices lower than their market value. However, instead of being charged under the MACC Act, the former Menteri Besar was charged under Section 165 of the Penal Code, which sentences corruption offenders with only a maximum of two years imprisonment and/or a fine. While we understand that the sentence depends on the charge made by the public prosecutor, this practice could lead the public to perceive it as a sign of the MACC’s weakness, as well as an indication that the government is not committed to punish offenders. Second, the strict rules to qualify for protection under the Whistleblower Act have also been subject to criticism.85 According to the act, protection will only be given to whistleblowers who report directly to, and only to, enforcement agencies (PDRM, MACC, Customs, Immigration, JPJ, Security Commission, Company Commission and Bursa Malaysia). They must not share the information with any other bodies such as the media. The type of information being reported also restricts the protection given to whistleblowers. This regulation might fail to encourage the public to report corruption cases. Third, the 14 Special Sessions Courts intended to accelerate the trial of corruption cases might not be working as they should. According to former Chief Justice Tun Zaki Azmi, establishing special sessions court alone is not enough because the prosecution process can still be left pending for extended periods due to administrative oversights, such as a prosecutor not receiving the investigation papers, the investigation officers not coming to court with the exhibits, or the subpoena not being properly served to the witnesses.86 85 Eng, Lim Guan. (2012, 6 March). How Effective Has the Enforcement of the Whistleblower Protection Act 2010(WPA) Been in Malaysia? Speech delivered at the 4th Annual Corporate Governance Summir in Kuala Lumpur. Retrieved from < http://blog.limkitsiang.com/2012/03/06/ how-effective-has-the-enforcement-of-the-whistleblower-protection-act2010wpa-been-in-malaysia/>. 86 Special courts to speed up graft cases-CJ. The Borneo Post. Retrieved 52 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia This too can affect how the public perceives law enforcement against corruption. insufficient coordination have rendered many anticorruption measures inefficient at best and at the worst, counterproductive. Recent legislations, such as the Whistleblowers Act, has not been designed well enough to appease Malaysia’s sceptical public. Fourth, the necessity to gain the Attorney General’s approval before a trial can commence may also delay prosecution.87 While the MACC can conduct its investigations independently, the final decision to prosecute rests with the Chief Public Prosecutor, i.e. the Attorney General. The AG’s wide discretionary power can be an impediment to the effectiveness of prosecution.88 As stated in the Constitution: “The Attorney-General shall have power, exercisable at his discretion, to institute, conduct or discontinue any proceedings for an offence, other than proceedings before a Syariah court, a native court or a courtmartial”. The process of appointing the AG and the fact that he does not sit in parliament makes him a very powerful individual. There have been pressures from different section of the communities to give MACC prosecution power, or even to diffuse prosecution powers to various enforcement agencies to reduce the discretionary power of the AG.89 The government does not seem to support this proposition, and as a result the (lack of) action by the AG could adversely impact how the public perceives the MACC. And we cannot discount the power of public perception. Malaysia’s CPI scores continue to be low, suggesting that the public feels that corruption in Malaysia is increasing. However, as we have discussed in Chapter 1, this negative perception does not correlate with economic, social and political indicators. While public perception continues to be negative, the inflow of foreign direct investment is healthy, our growth rates is maintained at a steady and healthy rate, and the overall quality of our democratic system has not worsened. The Global Corruption Barometer (GCB) also reports that the percentage of people paying bribe in Malaysia is small relative to many other countries. Hence Chapter 1 concluded that there is a possibility that the level of corruption in Malaysia may not be as bad as suggested by our CPI score. If we look at the amount of initiatives that have been taken, the relatively low impact of corruption on our economy and the quality of our democracy imply the possibility that all the efforts are not in vain. There are indeed some positive impact. But our CPI score shows that government is not only faced with the task of reducing incidences of corruption, but there is an equally important need to convince businesses and the public at large that corruption is being addressed in a serious manner. What we need is therefore an anticorruption framework that addresses the problem of corruption effectively, and at the same time shows the sincerity and the commitment of our government in fighting it. 4.4 Concluding remarks While the Malaysian government’s attempts to implement a more effective anti-corruption framework should be lauded, its approach thus far has been weakened on a number of counts. Unnecessary and wasteful overlaps between departments and from http://www.theborneopost.com/2011/04/07/special-courts-to-speedup-graft-cases-cj/#ixzz1vZbI4Z9w. 87 Kuek Ser Kuang Keng. (2012, March 29). The AG Chambers practices selective prosecution says MACC (Weblog Post). Retrieved from http:// dinmerican.wordpress.com/2012/03/29/the-a-g-chambers-practises-selective-prosecution-says-macc/. 88 Gunasegaram, P. (2012, 26 July). Spreading the power to prosecute. The Star. Retrieved from http://thestar.com.my/columnists/story. asp?file=/2012/7/26/columnists/questiontime/11729645&sec=questionti me. 89 Ibid. www.ideas.org.my 53 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia recommendations have not even been given due considerations. Chapter 5: 5.2 Preliminary recommendations: Preliminary conclusions and recommendations • 5.1 Preliminary conclusions • • • When it comes to the level of corruption in Malaysia, we found that there is a disconnect between public perception and what the data says. Public perception as measured by the CPI implies that corruption is rampant and the situation is very bad. But data suggests that the problem of corruption in Malaysia is not as bleak as the CPI score has painted. Thus when discussing corruption in Malaysia, it is necessary to do so with a pinch of salt and not be completely influenced by perception alone. Nevertheless, we are not arguing that there is no corruption in Malaysia. Perception does not arise out of thin air. All that we are saying is that there is a need to be cautious and not throw blanket accusations denying the many good efforts initiated by the government. We have seen many initiatives taken by the government, and many more recommendations on how to tackle corruption in Malaysia. In fact, even in 1958 Shah Nazir Alam has proposed some very interesting yet simple initiatives. But despite these numerous proposals and initiatives, we are still faced with the same problems. This certainly calls for a pause to take stock of all the initiatives, and conduct a comprehensive evaluation before moving ahead. just maximise resources but also magnify the impact. • The biggest challenge that the Malaysian government faces, in addition to reducing incidences of corruption, is convincing businesses and the Malaysian public in general that corruption is being addressed in a serious manner. As we elaborated in Chapter 4, current initiatives are not adequate for addressing these challenges for these following reasons: o They suffer from redundancies and duplication as well as from a lack of depth and focus. The MACC should optimise the use of its resources to improve its detection, inspection and investigation capacity and performance and allow the IIM to focus on public education initiatives. • Previous administration’s anti-corruption framework like the National Integrity Plan must not be ignored. The National Integrity Plan should be re-examined and strengthened as it provides a comprehensive long term framework for fighting corruption and building integrity. • Similarly, we should go back to our own history to dig out the many recommendations that have been made over the years, and explore which ones may be relevant for today. We found that the report by Nazir Shah Alam in 1958 to be one of the reports that is worth revisiting. o The public does not believe that the government is serious in tackling corruption, despite the many and varied attempts to do so. • 54 This source book was designed to bring us back to basic. We started by explaining the cost of corruption, we explained the history of fighting corruption and promoting integrity in this country and then we mapped out the main initiatives and we provided some gap analysis. Perhaps the country has been so engrossed with the problems at hand to the extent that we forgot to look at simple solutions. We are always in a hurry to start new initiatives when the ones we have crafted earlier had not yet been executed to satisfaction, and some earlier What is still missing is an inter-agency working committee at the Federal level where all agencies responsible to fight corruption and promote integrity are coordinated in terms of their strategies and initiatives. This will avoid duplication and wasting of resources and can ensure impact and clear outcomes. Any agency in charge of monitoring and coordination, like the NKRA, should improve its coordination capacity. The NKRA should not confine itself to coordinating programmes under the GTP programme, but it should also monitor and coordinate programme for other agencies. • o They have not effectively addressed the root causes of corruption in Malaysia. At the present moment we do not see a cohesive approach where all actors from the public sector, private sector and civil society, sit around one table, with one clear objective of eradicating corruption, to strategise initiatives that will not www.ideas.org.my We invite all readers to send us comments, advice, and criticisms before 31 December 2012. All correspondence can be sent to us using the following details: www.ideas.org.my Postal address: Sri Murniati (Anti-Corruption Project Manager) Institute for Democracy and Economic Affairs (IDEAS) D6 Taman Tunku, Bukit Tunku 50480 Kuala Lumpur, Malaysia. Email: [email protected] Fax: +60 3 6211 0222 55 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia of cases regarding personal encounters of migrant workers are highlighted, including the extortion of money by Police personnels on them. Chapter 6: Annotated bibliography 6.1 Studies of corruption in the Malaysian context Commissioners. (2011). Report of the Royal Commission of Enquiry Into the Death of Teoh Beng Hock. Putrajaya: Suruhanjaya Pencegahan Rasuah Malaysia. This publication is the full report of the Royal Commission of Enquiry into the death of Teoh Beng Hock, an aide to Ean Yong Hian Wah, the DAP Selangor state assemblyman for Seri Kembangan. Teoh’s body was found lying face down on the 5th floor of Plaza Masalam, Shah Alam on the 16th of July 2009, the day after he was called in by the Malaysian Anti-Corruption Commission (MACC) for questioning regarding allegations of corruption involving Ean. The report contains a narration of the course of events surrounding the incident, as well as the commission’s interpretation and opinion of the various issues that arise from them. The report also highlights its finding of the ‘aggressive, relentless, oppressive and unscrupulous’ methods on interrogation that were used by the MACC officers on Teoh and other suspects, which the commission believed to have driven Teoh to commit suicide. The report then proceeds to recommend points that the MACC should look into in order to improve its operations and interrogation methods. This includes, among others, making sure that all MACC officers who are to be employed as investigating officers receive proper training, the need for MACC to improve its premises and buildings, as well as the need to improve on interviewing and statement recording procedures. www.ideas.org.my Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Jomo, K.S. (2001). Corruption, RentSeeking, and Private Investment in Malaysia, in Campos, J. Edgardo, ed. Corruption: The Boom and Bust of East Asia. Manila: Ateneo De Manila University Press, pp. 131-162. This article responds to claims that the Asian financial crisis during the late 1990s was caused by the weakness or absence of legal institutions. The rapid growth and development of many of the affected countries prior to the crisis show that this is not the case. The author argues that we should look at the nature of the dynamics of institutional change within these contexts, particularly Malaysia - to understand the issue at hand. The crisis can be seen in light of these dynamics, rather than as an independent occurrence that is devoid of them. Kua, Kia Soong, ed. (2005). Policing the Malaysian Police. Petaling Jaya: Suara Rakyat Malaysia. This book is a collection of submissions to the Royal Commission of the Malaysian Police by the Police Watch and Human Rights Committee, Abolish ISA Movement, Suara Rakyat Malaysia (SUARAM), Tenaganita, Oppressed People’s Network (JERIT) and Coalition of Concerned Malaysian NGOs. On a more general note, Kua outlines the reasons and needs for reforming the Malaysian Police, including the need for there to be transparency and democratic accountability by the Police towards the people. More to the point of corruption within the Malaysian Police, Tenaganita’s chapter discusses cases concerning the handling of migrant workers by the Police. A series 56 the fight against corruption from Islamic historical narratives. Siddique, Noore Alam. (2010). Combating Corruption and Managing Integrity in Malaysia: A Critical Overview of Recent Strategies and Initiatives. Public Organization Review, 10, pp.153-171. This article presents a critical overview of the anticorruption strategies that are pursued in Malaysia. Siddique explores the problems and limitations of the approach at present to combat corruption in Malaysia and to manage integrity in the society. Malaysia, argues the author, presents an interesting case as far as the study of corruption is concerned. It has an elaborate anti-corruption framework, but still has a high level of corruption. To demonstrate the elaborate framework and structure that are in place in Malaysia to fight corruption, Siddique traces the variety of mechanisms and apparatus to combat corruption in Malaysia in this paper, including the then Anti-Corruption Agency (ACA), the Public Complaints Bureau (PCB), the Auditor General’s Office, the Attorney General’s Office, Customs, the Malaysian Administrative Modernisation and Management Planning Unit (MAMPU), and so forth. Developments in anti-corruption policies since 2003 under Prime Minister Abdullah Badawi have also witnessed the rise of several other initiatives, including the Malaysian Institute of Integrity (IIM), National Integrity Plan (NIP), and so on. However, despite these elaborate efforts, Siddique argues that the issue of effectiveness of their implementation is still very much questionable, to the effect that the level of corruption in Malaysia is still high. Marican, Y. Mansoor. (1979). Combating Corruption: The Malaysian Experience. Asian Survey, 19, 597-610. This is a journal article that surveys anti-corruption initiatives in the context of Malaysia.The author attempts to account for claims that was made during the 1970s, that corruption was relatively lower in Malaysia than in other Southeast Asian countries. Marican’s focus is on the legal means to combat corruption in Malaysia, since the early days of its existence. Marican traces the development of anti-corruption legislations in Malaysia since before independence until the 1970s. Marican also covers the dynamics behind the development of these legislations, including the perspectives of former British colonial officers as well as that of government officials, including Prime Ministers on Malaysia. Marican argues that factors like the relatively higher civil service pay, the distinct colonial experience that Malaysia had – where the nature of transition from colonialism to independence was smooth and without disruption – which resulted in the development of a strong bureaucratic framework that allowed for anti-corruption legislations to develop, had allowed for Malaysia to enjoy a lower level of corruption as compared to its neighbours. Mohd Nor, Mohamad Ezam and Sapto Waluyo. (2010). Islam dan Persoalan Rasuah: Satu Pendekatan Holistik untuk Memahami Cabaran Rasuah dari Sudut Hukum, Konsep dan Sejarah Ketamadunan Umat. Shah Alam: Genarasi Baru Nusantara Sdn. Bhd. This book draws on the experience of anti-corruption activists from Malaysia and Indonesia in combating corruption.This book attempts to establish an account of an Islamic perspective to corruption and of how to fight it. It also provides the reader with stories of www.ideas.org.my Siddique, Noore Alam. (2006). Public Management Reform in Malaysia: Recent Initiatives and Experiences. International Journal of Public Sector Management, 19, pp. 339-358. This paper, published in 2006, examines changes in public management in Malaysia in relation to the 57 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia idea of new public management (NPM)—also known as managerialism—and asses these changes’ impact on administrative performance and service delivery. Among the reforms and initiatives – between the years 1981-2005 – that Siddique cites are the ‘Malaysia Incorporated’ initiative in the 1980s, the downsizing of the civil service as a result of worldwide recession in the 1980s, service process engineering in the 1990s, personnel and financial management reforms that was introduced in 1992, client’s charter and public accountability initiative starting from 1993, the quality and productivity improvement drives such as the introduction of the ISO certification, and the initiation of IT culture and e-government. These reforms, however, according to the author, are unsuccessful to initiate a better handling of funds according to rules and regulations, resulting in audit reports that reveal high incidence of failures on part of the federal, state local governments to comply with relevant rules and regulations, loss and embezzlement of public funds, as well as improper monitoring and supervision. Also, despite these reform initiatives, Malaysia still fares rather badly in corruption indices such as the CPI. Tan, Jeff. (2008). Privatization in Malaysia: Rent-Seeking and Policy Failure. Abingdon: Routledge. Tan argues against the thesis that posits a causal relationship between privatisation (or private ownership) and better economic performance. Tan argues that the private sector, both in developing and developed countries, is often unable or unwilling to finance projects with high capital costs such as infrastructure provisions on its own, making it necessary for the state to share risks even after privatisation. And, as the provision of public goods and services do not bring profit, subsidies may still be required, thus undermining the ‘efficiency’ claim of proponents of privatisation. A further argument that Tan makes is that privatisation necessitates continued state intervention to the extent of creating www.ideas.org.my new subsidies to coordinate certain sectors. Tan applies these analyses to the case of Malaysia, looking at, among others, the privatisation initiatives in the context of creating a new and thriving Malays capitalist class in the back of the government’s New Economic Policy (NEP), to mixed effects, as well as case studies on Proton, the national car company, Indah Water Consortium (IWK) and the Kuala Lumpur LRT. Thompson, Herb. (1993). Malaysian Forestry Policy in Borneo. Journal of Contemporary Asia, 4, pp. 503-514. This paper responds to the debates on the relationship between economic development and ecological crises, using the logging of rainforests in Borneo as a case study. Thompson suggests that the issue of the destruction of the environment are a result of logging is more complex than some may suggest. It is too simplistic to lay the blame solely to the Malaysian government as the responsible party for the environmental crises that ensue as a result of logging.The main player that drives the logging industry in Malaysia and for that matter Asia-Pacific is international capital and international firms. But the Malaysian government is also using the ‘need for development’ defence rather over-statedly, as logging has been a main source to enrich a small group of elites, while plunging unaware natives into the world on market economy. Tunku Abdul Aziz. (1999). Malaysia Incorporated: Ethics on Trial. Australian Journal of Public Administration, 58, pp. 1925. This article attempts to highlight a series of instances of corrupt practices that took place during the NEP era, which is founded on the government’s effort to regulate and control every aspect of the country’s economy. This was accompanied by the creation of dozens of institutions that functioned without proper central authority, with state governments competing to set up their own economic development corporations with literally hundreds of subsidiaries that were 58 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia accountable to no one but themselves. Among the examples of corruption and mismanagement that are cited by the author are the Bank Rakyat accounting mismanagement scandal in the 1970s and Bank Bumiputera’s catastrophic financial loss as a result of reckless money lending to politically well-connected companies and individuals in late 1970s and early 1980s. This era was then followed by the Malaysia Incorporated era, where Prime Minister Mahathir Mohamad undertook privatisation reforms, which the government argued would spread economic benefits more widely. This, however, was another measure that made sure that a vast sum of wealth stayed in the circle of politically well-connected individuals and companies. The result of these series of reforms that were undertook without much care for transparency, is the erosion of integrity, ethics and accountability.The latter values, argues the author, should be promoted more openly, especially by the private sector. 6.2 IIM Publications Abu Kassim Mohamed, Chuah Chang Man, Mohd Nizam Mohd Ali. (2010). The Enhancement of Integrity and AntiCorruption Measures: a Public-Private Partnership Perspective. Kuala Lumpur: IIM. The book is a compilation of opinions and viewpoints from members of the Malaysian Anti-Corruption Commission, scholars and social commentators. Anis Yusal Yusoff, Mohd Nizam Mohd Ali. (2008). Strengthening Integrity and Reinforcing Trust. Kuala Lumpur: IIM. The book is a report on the proceedings from the ASEAN Integrity Dialogue 2008. It is a compilation of the events occurring throughout the dialogue in establishing cooperation among institutions from ASEAN and enhancing strategies and action plans in integrity agenda promotion. Anis Yusal Yusoff, Mohd Rais Ramli, Zubayry Abady Sofian. (2009). Political Integrity in Malaysia: Towards a better understanding. Kuala Lumpur: IIM Malaysia. The book is a collection of views and ideas on the concept of political integrity in the practice of democracy in Malaysia. Transparency International (TI) Malaysia, (2010). Reforming Political Financing in Malaysia. Kuala Lumpur: TI Malaysia, 2010. The theme of this book is the question of democracy in modern political systems and its relationship with the role that political parties play in popular representation. More specifically, this book looks at the topic of political party funding and campaign financing, in the context of Malaysia. This book argues that the prevalence of ‘money politics’ – as it is widely known in the public discourse on Malaysia politics – and political corruption undermines justice, equal opportunity and equitable resource allocation, which are important cornerstones of electoral politics and democracy. Reforming political financing in Malaysia, according to TI, is an urgent agenda, as corruption has undermined public confidence in the democratic institutions of the country. www.ideas.org.my Anis Yusal Yusoff & Zubayry Abady Sofian. (2008). Politik: Isu-Isu Integriti: 2000-2008. Kuala Lumpur: IIM and Utusan. The book is compilation of articles related to political integrity published in Utusan Malaysia from 2003-2008. Majority of the articles compiled are related integrity issues in election. But there are numbers of articles talk about general corruption and leadership. 59 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Fathilatul Zakimi Abdul Hamid, Faudziah Hanim Hj Fadzil, Mohd Sharofi Ismail, Syed Soffian Syed Ismail, Mohd Nizam Mohd Ali, Mohd Rezaidi Mohd Ishak. (2007). Adaptation of Private Sector Corporate Social Responsibility Guidelines: Pilot Case Study in Local Government Practices. Kuala Lumpur: MAREF & IIM. The book is an academic study on the importance of CSR concepts among local government councillors. The study involved a pilot case study conducted on 7 local government councillors and local residences in Selangor. It is based on the principle that CSR has a stronger and more direct social contract with society through public sector organizations and local governments. It is one of the Corporate Integrity Framework Research Monographs published by IIM and MAREF. IIM Team. (2007). National Integrity System: Training Manual for Master Trainers. Malaysia: IIM & UNDP. The book is a compilation of articles and training materials (modules) used in the Master Trainers Workshop on National Integrity System organized by IIM in 2005. There are seven modules in the book which are intended to help readers or users to understand corruption, national integrity system, and how to promote integrity and tackle corruption. Each module begins with the aims expected out of its delivery and concludes with relevant sources.The book is primarily intended to be a working guide for those who have completed Master Trainers Workshop and for trainers’ community. But it can also be useful for those who are planning, implementing and monitoring integrity initiatives. Hasnah Haron et.all. (2007). Governance, Ethics and Corporate Social Responsibility of Public Listed Companies in Malaysia. Kuala Lumpur: Malaysian Accountancy Research and Education Foundation & Institut Integriti Malaysia. The book is an academic study investigating relationship between ethical orientations, corporate governance and social responsibility of public listed companies.The study investigates why some Malaysian Public Listed Companies disclose more corporate social responsibilities than others and to what extent does the corporate governance and ethical orientation of BODs influence the corporate social responsibility disclosure. It is one of the Corporate Integrity Framework Research Monographs published by IIM and MAREF. Malaysian National Integrity System Project Team. 2007. National Integrity System: A Guiding Framework. Kuala Lumpur: UNDP and IIM. The book is a guiding framework to implement a National Integrity System, a system in which different elements in the society work collectively to ensure entrusted power is exercised with integrity. The book explains the system and elaborates how different element in society, which is called pillars of integrity, can contribute to build the system. There are Integrity Checklists to assess the integrity of each pillar (the executive, the parliament, the judiciary, auditor general, private sector, public Service, watchdog agencies, mass media, and civil society). There is also elaboration on several good practices to improve integrity such as how to handle competition policy, to restore trust in public services, to manage conflict of interest. Experiences from different countries cited to give real life experience for the readers. www.ideas.org.my 60 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Mohd. Nizam Mohd Ali, Syed Abdul Hamid alJunid, Noor Yuslinda Mohd Yusof (eds.). (2007). Business Ethics: Toward Enhancing Corporate Integrity and Business Ethics: A Practical Guide of Malaysian Companies. Kuala Lumpur: IIM. The book compiles Malaysian code of Business Ethics, code of ethics of several companies that received Malaysian Business Ethics Excellence Award from IIM in 2005, and several articles discussing the importance of code of ethics in corporation. Mohd. Nizam Mohd Ali et.all. (2007). Corporate Social Responsibility: Our First Look. Kuala Lumpur: IIM. The book features five academic papers on Corporate Social Responsibility and several articles presenting examples of CSR works of different companies. The academic papers highlight CSR as legitimacy strategy of companies, understanding of local business players on the CSR concept, corporate social reporting as accountability measures taken by companies to public, factors influencing corporate social disclosure practices in Malaysia, and analysis of social disclosure of several companies. CSR works of these following companies are also featured in the rest of the articles of this book: Microsoft Malaysia, Standard Chartered Bank Malaysia Berhad, Putra Perdana Berhad, BP Malaysia, Titan Chemical Corp. Bhd. Norhaslinda Zakariya et.al. (2007). Impact of Non-Audit Services on Auditor Independence: An Empirical Analysis. Kuala Lumpur: MAREF & IIM. The book is an academic study on the perception of Government Linked Companies’ shareholders in Malaysia towards provision of Non-Audit Services (NAS) and its impact on auditor independence. It is one of the Corporate Integrity Framework Research Monographs published by IIM and MAREF. Sulaiman Mahbob et.all. (2007). Building Trust and International Cooperation in Strengthening Integrity. Kuala Lumpur: IIM. The book is a report on the proceedings of the World Forum on Ethics and Integrity. It is a compilation of reports from discussions based on promoting a holistic approach towards governance grounded with firm foundations of religious values and socio-cultural norms uniquely inherent in the Eastern world. Sulaiman Mahbob, et.all. (2006). Good Governance for Development: Private Sector Perspectives Malaysian Institute of Integrity. Kuala Lumpur: IIM. The book is a collection of articles and power point presentations on good governance in public and private sectors. The articles and presentations discuss efforts of public sector to improve the deliverance of services and efforts of regulatory bodies (Security Commission, Company Commission) and private sectors to encourage corporate governance in their respective institutions and stakeholders. All the power point presentations and some of the articles are presented in the National Seminar for Private Sector on the National Integrity Plan held in 2005. Mohamad Sharofi Ismail, Mohd Atef Md Yusof, Md Suhaimi Md Saleh, Syed Soffian Syed Ismail (2007). Fraud Profiling in Malaysia. Kuala Lumpur: MAREF & IIM. The book is an academic study analyzing four Malaysian mainstream newspapers to measure the extent of fraud cases being reported. Employing a content analysis approach, the study discusses the implications of the findings for fraud reported and profile. It is one of the Corporate Integrity Framework Research Monographs published by IIM and MAREF. www.ideas.org.my 61 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Tunku Abdul Aziz. (2005). Fighting Corruption: My Mission. Kuala Lumpur: IIM. The book is a compilation of Tunku Abdul Aziz’s selected speeches and letters written to three leading newspapers in Malaysia. The articles discuss a wide range of issues but centred on the topic of corruption. It also features media profiles on him. Wan Azmimi Wan Mohamed, Aida Hazlin Ismail, Sharifah Nazatul Faiza Syed Mustapha Nazri, Hiwani Hariri (2007). An Investigation of Auditor and Client Tenure in Malaysian Public Listed Companies. Kuala Lumpur: MAREF & IIM. The book is an academic study examining the duration of the auditor’s relationship with a client and factors that affect audit firm tenure. The study is based on the possibility of the duration of the auditor and client relationship as a factor leading to a loss of auditor independence. It includes an examination of 500 public listed companies from 1996 to 2004. It is one of the Corporate Integrity Framework Research Monographs published by IIM and MAREF. 6.3 Asian perspectives, with mentions of Malaysia Alatas, Syed Hussein. (1999). Corruption and the Destiny of Asia. Petaling Jaya: Prentice Hall. The purpose of this book, according to Alatas, is to understand the phenomenon of corruption – which has occurred as a practice since the time of the Roman Empire – as broadly and as deeply as possible. In discussing the phenomenon of corruption, Alatas suggests that it is divided into three problem areas, which are 1) the function of corruption; 2) the causes of corruption; and 3) the means of eliminating or restraining the influence of corruption. While the book itself is not a case study of instances of corruption, it nevertheless cites examples to support Alatas’ arguments. Among the examples on Malaysia include the case of irregularities of supply for the www.ideas.org.my Malaysian army in the 1970s, in order to demonstrate what he calls the ‘human cost of corruption’, and the Bumiputera Malaysia Finance (BMF) scandal which Alatas uses to demonstrate the challenges that comes with the struggle of combating corruption. Gan, Christopher. (2003). Poor Corporate Governance, Market Discipline and Cronyism in the 1997 Asian Crisis, in Kidd, John B. and Richter, Frank-Jurgen, eds., Corruption and Governance in Asia. Hampshire and New York: Palgrave Macmillan, pp. 43-60. This chapter examines the impact of corporate restructuring and governance in the aftermath of the 1997 Asian financial crisis. Gan suggests that the overwhelming opinion held by policy makers in the context of the countries that are badly hit by the crisis – i.e. that the crisis was caused by speculative activities of currency traders (most famously George Soros) – is a smokescreen for the political failures of these countries that was laid bare as the crisis was in full force. The issue is, according to Gan, the fact that the elites and their cronies in these countries, including Malaysia, who had seen their substantial wealth erode as a result of the crisis, needed someone to blame for their own imprudent and undisciplined fiscal behaviour in the financial market. The real issue that these policy makers need to look at, according to Gan, is to try and undertake comprehensive reforms to promote better governance. This can be done, according to Gan, by each country improving their risk management practices to limit severe economic fluctuation, promote good governance practices, as well as develop effective regulatory frameworks for financial institutions. 62 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Khan, Mushtaq H. (1998). Patron-Client Networks and the Economic Effects of Corruption in Asia, European Journal of Development Research, 10, pp. 15-39. This article considers the fact that economic effects of corruption differed greatly across Asian countries, although they underwent similar experience of early capitalist development in the face of scarce resources that were in the hands of the state. Khan argues that the differential economic performance is related to the types of patron-client networks within which their corruption has been located. Khan argues that they type of patron-client network determines the type of rights exchanged through corruption and the terms of these exchanges. To illustrate his arguments Khan compares the patron-client networks in the Indian subcontinent, Malaysia, Thailand and South Korea. Khan argues that through such research work, we are able to understand why in some countries corruption has brought about rapid growth, while in others corruption has brought about damaging effects. The case of Malaysia is highlighted in terms of how rent is negotiated along the realignment of material distribution between the different ethnic groups, allowing for a centralised organisation of payoffs, which paved the way for redistribution that satisfied the emerging Malays capitalist class. This was also helped by Malaysia’s vast natural resources, a factor which is not present in some of the other countries that are studied in this paper. implementation. Next, Quah considers the impact of these anti-corruption measures, and argues that while it is not easy to accurately measure their impact, we can still consider their effectiveness. Effectiveness depends on two major factors, namely the adequacy of the measures themselves in terms of the comprehensiveness of their scope and powers, and the level of commitment of the political leadership to the goal of eradicating bureaucratic corruption in the country concerned. Quah, Jon S.T. (2011). Curbing Corruption in Asia: An Impossible Dream?. United Kingdom: Emerald Group. This book evaluates and analyses anti-corruption measures in selected Asian countries, including Japan, India, Philippines, Taiwan, Malaysia, Singapore, Hong Kong SAR, Thailand, South Korea, Indonesia and Mongolia. These countries are selected by the author because they represent what is the three major patterns of corruption control, namely 1) anticorruption laws without anti-corruption agencies, as with the case of Japan; 2) anti corruption laws with multiple anti-corruption agencies, as with the case of India and the Philippines; and 3) anti-corruption laws with single anti-corruption agencies, as with the case of Malaysia and Singapore. Out of cases that are studied, it is argued by Quah that only Singapore and Hong Kong have been able to successfully minimise instances of corrupt practices, due to the political will amongst their leaders, as well as their favourable policy contexts and impartial implementation of anticorruption laws.The failure of the other cases that are analysed owe to factors that are in reverse to the two success stories. Quah, Jon S. T. (1982). Bureaucratic Corruption in the ASEAN Countries: A Comparative Analysis of their AntiCorruption Strategies, Journal of Southeast Asian Studies, 13, pp. 153-177. This article uncovers the dynamics of bureaucratic corruption in several Southeast Asian countries, a topic that Quah claims had been academically underresearched. Quah surveys the reasons and rationale for the introduction of anti-corruption measures in ASEAN countries – including Malaysia – and their www.ideas.org.my 63 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia 6.4 General works on corruption 6.4.1 General overview of the study of corruption Alatas, Syed Hussein. (1991). Corruption: Its Nature, Causes and Function. Kuala Lumpur: S. Abdul Majeed. The purpose of this book, according to Alatas, is to anatomise the phenomenon of corruption as it has unfolded throughout history and to enquire how different people have perceived it. Alatas draws on his long-standing interest of corruption to conduct a thorough exploration of the phenomenon. Corruption, as defined by him, consists of these few characteristics: 1) a betrayal of trust; 2) deception of a public body, private institution or society at large; 3) deliberate subordination of common interests to specific interests; 4) secrecy of execution except in situations which allow powerful individuals or those under their protection to dispense with it; 5) involvement of more than one person of party; 6) the presence of mutual obligations and benefits, in pecuniary or other forms; 7) the focusing of action on those who want definite decisions and those who can influence them; 8) the attempt to camouflage the corrupt act by some corrupt act by some form of lawful justification; and 9) the expression of a contradictory dual function by those committing the act. These characteristics, which are instances of corrupt acts, argues Alatas, can be traced back to the times of Ancient China and the Roman Empire through to modern times. Alatas also proposes that corruption is further characterised through the acts of nepotism and autogenic corruption. Alatas, in analysing the concept of corruption in this book, divides it into seven distinct types, which are 1) transactive; 2) extortive; 3) investive; 4) defensive; 5) nepotistic; 6) autogenic; and 7) supportive. www.ideas.org.my Girling, John. (1997). Corruption, Capitalism and Democracy. London and New York: Routledge. Girling argues that corruption does not disappear as countries develop and modernise. Instead it takes on new forms. Corruption, according to the author, cannot be defines in the narrow legal sense. It should be seen as a social problem, evaluated in terms of structure, process and resultant. Corruption has to be uncovered in terms of the collusive relationship between the political sphere – represented by politicians – and the market sphere – represented by business people. Corruption is the moment when private interests overtake public interests. The results that corruption brings may vary. For example, in some cases corruption may be functional, as in the context of economic development, while in others it is dysfunctional, where it may ignite popular resentment. Girling demonstrates his points via case studies from Southeast Asia, France and Britain. Haller, Dieter and Shore, Chris (eds.). (2005). Corruption: Anthropological Perspectives. Ann Arbor: Pluto Press. The book is an edited collection of chapters that deal with the issue of corruption from the anthropological perspective. Social sciences approach to corruption, which looks at the issues from the structural and interactional perspectives, tend to treat corruption as pervasive only in the cultural contexts of ‘the Other’ of Western civilisation. The anthropological perspective offers a different account. Even ‘official’ spheres of statistics and data on corruption, such as the IMF and TI tend to take an a-cultural and universal view of corruption. Ethnographic details of particular situations contexts are able to capture the contexts and situations within which ‘corruption’ takes place in a much better way. The book covers three broad topics. They include several chapters that re-evaluate the perception that corruption only takes place in ‘transitional’ contexts, chapters on institutional and 64 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia corporate corruption in several contexts including the EU and America, as well as chapters on the narratives of state and everyday corruption in several contexts, such as Southern Portugal and Bolivia. to Johnston, is to trace the ‘syndromes’ of corruption. Johnston develops and analyses four syndromes of corruption, and suggests that reforms can be tailored to suit these syndrome.The first syndrome is ‘interestgroup bidding’, which exists largely in more democratic and industrial contexts. This refers to the availability of means for private interests to influence the state. The second syndrome is ‘fragmented clientelism’, which exists more commonly in semi-democratic or authoritarian contexts. This refers to situations like, among others, when elites garner following that are poorly disciplined through patronage, as well as when there exists extra-legal interest groups like the mafias. The third syndrome is ‘elite hegemony’, which takes place as entrenched elites exchange scarce political access for wealth. This may happen in contexts with long-serving ruling political parties. The fourth syndrome is ‘patronage machines’, where strong elites control and limit the political and economic participation of people through patronage, and strong political parties extend their powers through the state and the society. Heidenheimer, Arnold J. and Johnston, Michael (eds.). (2002). Political Corruption: Concept and Contexts. New Brunswick and London: Transaction. This is an edited book, with contributions from authors from diverse and multidisciplinary backgrounds. This book also covers wide-ranging topics, from the theoretical to the empirical. Amongst the broad topics that are covered include the relationship between corruption and democracy, the relationship between corruption and development, the relationship between corruption and economic growth, and many more. Context-specific chapters are also included, dealing with cases from democratising and developing contexts such as Africa, Asia and Latin America, as well as from more developed ones, such as America and Western Europe. Chapters dealing with corruption in authoritarian contexts can also be found in this book. Chapters dealing with methodological approaches to studying corruption are also included. Rose-Ackerman, Susan. (1999). Corruption and Government: Causes, Consequences and Reforms. Cambridge: Cambridge University Press. This book is a study on how corruption affects developing countries and countries emerging from state socialism towards democratisation. RoseAckerman covers several vital topics that are related with the theme of corruption, starting from its causes. In order to do this, she studies the interaction between productive economic activity and unproductive rent-seeking. Rose-Ackerman analyses the issue of corruption along four dimensions. The first is by looking at the background of the particular state and society. The second is by recognising that within particular contexts, corruption may mean different things. The third dimension is by considering how the basic structure of the public and the private Johnston, Michael. (2005). Syndromes of Corruption: Wealth, Power and Democracy. Cambridge: Cambridge University Press. Johnston argues that the corruption was thought to be synonym with bribery. This approach is too narrow, and is often reduced focusing on churning statistical and economic data. Corruption has also been used to imply the conditions within non-democratic or developing contexts. The fact is that, according to Johnston, it also exists in industrial and developed contexts. Johnston suggests that a broader and a more comparative approach is needed in order for corruption to be grasped in a more meaningful way. Broadening the scope of the study of corruption is also important for reform purposes.The point is, according www.ideas.org.my 65 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia sectors produces or suppresses corruption. The fourth dimension is related to the issue of reforms and democratisation within the defined contexts of the study in the face of the problem of corruption. Rose-Ackerman considers the role of the international community in initiating and encouraging reforms, as well as the issue of domestic political will to kick-start and drive reforms. Schedler, Andre. (2002). Elections without Democracy: The Menu of Manipulation, Journal of Democracy, 13, pp. 36-50. This article attempts to establish a link between corruption – specifically electoral corruption – with authoritarianism. Schedler studies the use of elections amongst what he calls ‘electoral authoritarian regimes’ as a source for political legitimacy to continue governing their particular societies. Periodic elections are used to demonstrate some semblance of democracy and democratic practices, which these regimes hope would appease internal as well as external observers.Their dream, according to Schedler, is to reap the fruits of electoral legitimacy without running the risks of democratic uncertainties. What we observe, then, is a kind of ‘structural ambivalence’, where these regimes sit on the grey zone between democracy and authoritarianism. Schedler attempts to develop conceptual framework of how we can trace how electoral authoritarian regimes violate normative premises of democracy to their favour, and how these regimes engineer elections to their advantage. Schedler also tries to identify countries – by region – that fit into the electoral authoritarian regime characterisation, positing them apart from liberal democracies, electoral democracies, and closed authoritarian regimes. www.ideas.org.my Treisman, Daniel. (2000). The Causes of Corruption: A Cross-National Study, Journal of Public Economics, 76, pp. 399-457. Treisman, who deploys the definition of corruption which says that it is the use of public office for private gains, asks why corruption is perceived to be more widespread in some countries than others. The author argues that little is known about what causes corruption to be higher in one country as compared to another. In order to ascertain this issue, Treisman uses three annual indexes of perceived corruption by Transparency International (TI), as well as the index of perceived corruption by the Business International (BI). Treisman then relates his findings with arguments – some are available in literature – for the causes of corruption. There are six arguments, and while Treisman finds strong support for five of them, he finds weaker support for sixth one. The six arguments are 1) Countries with Protestant traditions and those with more developed economies have higher quality governments; 2) Countries with a history of British rule have lower level of corruption; 3) The prevailing practices and expectations about how the law is administered factors in low levels of corruption; 4) Federal states tend to be more corrupt than unitary ones, presumably because the competition between autonomous levels of government to extract bribes leads to ‘overgrazing of the commons’; 5) A long period of exposure to democracy; and 6) openness to trade may reduce corruption. 6.4.2 Methodological approaches Golden, Miriam A. and Picci, Lucio. (2005). Proposal for a New Measure of Corruption, Illustrated with Italian Data, Economics and Politics, 17, pp. 37-75. This article argues that standard cross-national measures of corruption, such as that which is employed by Transparency International (TI) for its Corruption Perceptions Index (CPI), is inadequate, as the real degree of the reliability of the data generated 66 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia by them is unknown. This may well contribute to great difficulties long term. Corruption may also differ in various aspects in different contexts. Golden and Picci proceeds to propose a novel alternative objective measure that consists of the difference between a measure of the physical quantities of public infrastructure and the cumulative price government pays for public capital stocks. We can determine the extent of corrupt activities by looking at the differences between the actual amount of physical infrastructures that are present in the society and the amount of money the government spends to build them. This way we may trace if money has been siphoned off to mismanagement, fraud, bribes, kickbacks and embezzlement. Golden and Picci demonstrate their points by conducting a study on Italy’s 95 provinces in 20 regions, controlling at the regional level for possible differences in the costs of public construction, to establish their measure. While the authors recognise that conducting such research on different countries may be time-consuming and pain-staking, nevertheless they suggest that their measure can also be incorporated into cross-national studies, by taking into account the concern that they have raised in the article, namely the need to look into the discrepancies between the actual quantity of infrastructures and the amount of money spent by the government to build them. authors, not many research on political corruption can be considered truly comparative studies, as there is a lack of cross-country measures. While scholars and analysts have been debating issues that stand on more epistemological grounds such as research objectives, methodological tools and so on, a major problem that haunts the study of political corruption, as identified by the authors, is that of operationalisation. As it stands, the study of political corruption has been dependent on case-study methods and research. Lancaster and Montinolla proceed to expound the advantages of comparative research, including calling for case-study scholarship to be incorporated as part of comparative research, to assist the aim of generating universal principles and causal claims about corruption. Lancaster, Thomas D. and Montinolla, Gabriella R. (1997). Toward a Methodology for the Comparative Study of Political Corruption, Crime, Law and Social Change, 27, pp. 185-206. This article argues that a robust analysis of corruption has to be one that moves away from purely theoretical arguments towards more empirical work, and one that moves away from single-case studies towards comparative analyses. Even then, developing a methodological device that renders it possible for a generalisable result is still made difficult by both the fact that ‘corruption’ is a concept that is difficult to define and grasp, and methodological pitfalls that hinders the operationalisation and measurement of corruption. Lancaster and Montinolla suggests the invocation of the wide-ranging tools of comparative research, especially comparative research’s most central goal, which is the assessment of rival explanations. Assessment between rival explanations can then be based on the logical explanations, which is grounded in systematic empirical testing of theoretically-driven hypothesis. Systematic explanation, according to the authors, should include three important tasks, namely the provision of causal explanations of covariation among cases, the use of theoretically-derived models Lancaster, Thomas D. and Montinolla, Gabriella R. (2001). Comparative Political Corruption: Issues of Operationalisation and Measurement, Studies in Comparative International Development, 36, pp. 3-29. This article focuses primarily on problems of operationalisation and measurement of corruption. Considering two generic approaches to comparative political inquiry, namely case-oriented and variableoriented research, Lancaster and Montinolla make the point that the study of political corruption must be able to generate generalisable results.According to the www.ideas.org.my 67 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia to help illuminate causal relations, and the utilisation of models, frameworks and concepts that incorporate differences in context. Reinittka, Ritva and Svensson, Jakob. (2003). Survey Techniques to Measure and Explain Corruption, World Bank Working Paper. Retrieved from http://siteresources. worldbank.org/INTPEAM/Resources/ PETS2.pdf This paper attempts to demonstrate that survey techniques are able to provide a better measurement of corruption at a micro level. Reinittka and Svensson also argue that interview and survey techniques are able to help in generating quantitative micro-level data on corruption. Macro level studies, such as those that depend on perception indices and cross country analyses cannot satisfatorily explain withincountry variation of corruption. To show that it is not impossible to establish a more quantitatively based assessment, Reinittka and Svensson use three data collection approaches, namely public expenditure tracking surveys, service provider surveys, and firm surveys.The most efficient tools that the authors have identified are the public expenditure tracking survey (PETS) and related quantitative service delivery surveys (QSDS), which can be used to diagnose corruption and other problems in basic service provisions in developing countries. Sampford, Charles et. al. (eds.). (2005). Measuring Corruption. Aldershot: Ashgate. This edited book is a result of a collaborative project between the Key Centre for Ethics, Law, Justice and Governance (KCELAJAG) and Transparency International (TI). This book contains contributions that deal with the issue of measurement in the study of corruption, with authors exploring and examining the various attempts to measure corruption and the extent to which they are reliable, as well case studies that deploy some of these measurement mechanisms. One of the notable contribution, among others, is www.ideas.org.my Fredrik Galtung’s criticism of the much celebrated Corruption Perceptions Index (CPI) of the TI’s method of measuring corruption. Galtung suggests that there are several flaws to the CPI’s approach – what he calls its ‘seven failings’ – which he argues render the CPI not as reliable as people think it is. Among the case studies that are presented in this book are examples from Russia and Kenya. 6.4.3 Political economy perspectives Jain, Arvind K. (ed.). (2001). The Political Economy of Corruption. London: Routledge. This edited book covers the economic and political conditions that allow for ‘grand corruption’ to survive in various contexts. The chapters in this book emphasise on the economic implications of grand corruption, as well as attempt to provide a framework for understanding its processes. The chapters also show the close relationship between the economic aspect of corruption with the political aspect. This book also attempts to provoke readers to think about what the fight against corruption entails if it is to be effective. The broad topics under which chapters are presented include the topic of governance in the face of corruption, the relationship between political systems and corruption, the policy and policy outcomes related to corruption, as well as solutions to the problem of corruption and suggestions for future research. Mauro, Paulo. (1995). Corruption and Growth, Quarterly Journal of Economics, 110, pp. 681-712. This paper analyses data set consisting of subjective indices of corruption, the amount of red tape, the efficiency of the judicial system, and various categories of political stability for a cross section of countries. Mauro stresses that while most analysts would agree that there is a positive relationship between efficient government and economic growth, little has been done to measure the magnitude of this relationship. 68 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Rose-Ackerman, Susan (ed.). (2006). International Handbook on the Economics of Corruption. Cheltenham, UK and Northampton, USA: Edward Elgar. The book is an edited collection of chapters on the economics of corruption. The contributors are economists from various universities.While corruption has always been seen as a ‘political’ problem, this book attempts to provide economics perspectives to the problem of corruption. The broad logic behind this book is that corruption does not only have political effects. Rather, as corrupt activities resume, the economic benefits and effects are as important. For example, Rose-Ackerman, in her introduction, argues how low-level corruption can lead to inefficient and unfair distribution of scarce benefits, undermine the purposes of public programmes, encourage officials to create red tape, and increase the cost of doing business. Grand corruption, on the other hand, can be more deeply destructive, to the extent that it could bring the state to the brink of outright failure as well as undermine the economy.While some may claim that there are deep cultural, historical and social factors that help shape the issue of corruption in particular contexts, this book argues that this view is somewhat overstated, and that we will benefit more from looking at how social policy in these contexts can benefit from understanding the economic effects of corruption. Chapters cover several broad topics. They include theoretical discussions on the relationship between corruption and poor governance and the relationship between corruption and institutional structure, as well as papers that are supported by empirical data on corruption in the context of states that are in transition from socialism, methodological experiments on several issues concerning corruption, and chapters that cover anti-corruption policies in various contexts, such as Italy, Uganda and Bulgaria. For this purpose, Mauro analyses a newly assembled data set, consisting of the Business International (BI) indices on corruption, red tape and the efficiency of the judicial system for the period of 1980-1983. The indices are based on standard questionnaires filled by BI’s correspondents stationed in about 70 countries. This paper, which the author believes is the first systematic cross-country empirical analysis that relates indicators of bureaucratic honesty and efficiency to economic growth, finds that corruption lowers private investment, therefore reducing economic growth. Rose-Ackerman, Susan. (1978). Corruption: A Study in Political Economy. New York: Academic Press. In this book, Rose-Ackerman focuses on the economic impact of corruption on state and society. RoseAckerman attempts to make a distinction between outright bribery with legal campaign contributions and other forms of political influence.The author discusses the relationship between corruption and the mixed economy, agency relationships and functional bribery, and high and low level of corruption, and proceeds to present and economic argument regarding the traditional democratic virtues of an informed citizenry. The author also explores legal and and administrative sanctioning strategies, as well as the possibilities for bureaucratic reforms. Rose-Ackerman also provides an overview of low level bureaucratic corruption and monopolistic bureaucracy, corruption in regulatory and social programmes, vagueness and coercion in the market structure, the relationship between corruption and the bureaucratic structure, and corruption and the private sector. www.ideas.org.my 69 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia 6.4.4 Vast collection of journal articles and book chapters on different aspects of corruption in Williams et. al.’s The Politics of Corruption series Williams, Robert (ed.). (2000). Explaining Corruption, Vol. 1. Cheltenham, UK and Northampton, MA: Edward Elgar. A collection of twenty-eight journal articles and book chapters that is meant to be an authoritative guide to the vast universe of corruption. A response to the ‘corruption eruption’ that affected academia and the world of public policy since the 1960s. This collection, the first volume, is focused more on conceptual matters regarding corruption. Authors contribute towards developing theoretical grounds for the study and the understanding of corruption. The aim is to move away from works that are ideological, preferring articles that have something ‘new’ and ‘interesting’ to say about corruption. Articles and chapters are contributed by various authors from journals such as Sociological Review, American Behavioural Scientist, Journal of Modern African Studies, American Political Science Review and many more. Williams, Robert and Theobald, Robin (eds.). (2000). Corruption in the Developing World. Vol. 2 Cheltenham, UK and Northampton, MA: Edward Elgar. A collection of twenty-four journal articles and book chapters offering a global perspective on corruption. The selections in this volume are meant to help us understand how thinking about corruption in the developing contexts has evolved.Articles in this volume attempt to illustrate the nature of corrupt activities in the context of the developing world, as well as its effects on citizens and governments. Authors of the selected articles deal with a multitude of cases and contexts, including from Latin America, Africa and Asia, covering countries such as Peru, Bolivia, Mexico, Zaire, Nigeria, Indonesia and China. Articles and chapters are www.ideas.org.my contributed by various authors from journals such as World Politics, Comparative Politics, Advancement of Science, Corruption and Reform, Third World Quarterly and many more.Williams, Robert et. al., eds., Corruption in the Developed World (Vol. 3) (Cheltenham, UK and Northampton, MA: Edward Elgar, 2000). A collection of thirty-three journal articles and book chapters offering a global perspective on corruption. Articles in this volume attempt to illustrate the nature of corrupt activities in the context of the developed and industrialised world, as well as its effects on citizens and governments. The selections include articles on Europe, North America, Australia and Japan. Authors’ reflections include engagement with the relationship between corruption and social change, corruption and organised crime, as well as, in some cases such as that of Italy and Russia, the notion of structural corruption. This volume is offered as a guide to delve into the issue of corruption in contexts that have been somewhat neglected by scholars and analysts, who believe that corruption only takes place in non-democratic, authoritarian and under-developed and developing contexts. Articles and chapters are contributed by various authors from journals such as Journal of Law and Society, Parliamentary Affairs, Crime, Law and Social Change, Social and Legal Studies, West European Politics, Journal of Japanese Studies and many more. Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia also represent different strands of thinking on how best to fight corruption. Articles and chapters are contributed by various authors from journals such as Journal of Democracy, European Journal of Development Research, Journal of African Law, Public Administration and Development, International Journal of Public Sector Management and many more. Williams, Robert and Doig, Alan (eds.). (2000). Controlling Corruption. Vol. 4. Cheltenham, UK and Northampton, MA: Edward Elgar. A collection of twenty-nine journal articles and book chapters offering insights on how to tackle and combat the problem of corruption. This volume reflects the global consensus that corruption is a major problem which has a variety of negative impacts on political, economic and social systems around the world. This volume includes articles on anti-corruption strategies at various levels, including international, regional, national, sub-national and local. Authors 70 www.ideas.org.my 71 Combating Corruption: Understanding Anti-Corruption Initiatives in Malaysia Combating Corruption: Help us to make Tunku Abdul Rahman’sInitiatives vision forina Malaysia Malaysia based on Understanding Anti-Corruption “liberty and justice” a reality IDEAS is funded through the generosity of donors like you. Our policy in receiving donations is very simple yet strict: while we are indebted to all donors, we will never compromise our commitment to our mission, which is to improve the level of understanding and acceptance of public policies based on the principles of rule of law, limited government, free markets and free individuals. 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We share his vision as stated in the 1957 Proclamation of Independence that this nation should: We achieve this mission through: • Research • Publication of reports and books • Seminars, discussions and short courses • Briefings for federal and state politicians and policy-makers from across the political divide • Media engagements “be for ever a sovereign democratic and independent State founded upon the principles of liberty and justice and ever seeking the welfare and happiness of its people and the maintenance of a just peace among all nations” IDEAS is Malaysia’s first think-tank dedicated to promoting market-based solutions to public policy challenges. We were officially launched on 8 February 2010, in conjunction with Almarhum Tunku Abdul Rahman’s 107th birthday, by YBM Tengku Razaleigh Hamzah at Memorial Tunku Abdul Rahman Putra, Kuala Lumpur, in an event graced by three generations of Almarhum Tunku’s family members. IDEAS’ commitment to quality continues to receive international recognition. On 18 January 2012,we were announced as the 13th best new think tank in the world (up from 18th in 2010) in a survey of 6,545 think tanks from 182 countries. The announcement was made at United Nations Headquarters New York. More information can be found on www.IDEAS.org.my IDEAS is an independent not-for-profit organisation. As a cross-partisan think tank, we work across the political 1 Barnett, Anthony and Peter Carty (2008), The Athenian Option: Radical Reform for the House of Lords. Imprint Academic. 2 See Lijphart, Arend (1999), Patterns of Democracy. New Haven: Yale University Press. www.ideas.org.my 74 3 Until 2009, the House of Lords served as a court of last resort, with these judicial functions carried out by Lords of Appeal in Ordinary (“Law Lords”). However, these functions were transferred to the Supreme Court of the United Kingdom created in 2009.