Sunday, October 9, 2011

Stopping the rot of graft

More people are coming forward to make reports on cases of bribery, not only on bribe takers but also the givers.

OUR garbage has not been collected for five days, the roads not swept for weeks and it is all because of corruption.”

Corruption has become such a big concern among Malaysians that it is even associated with something like uncollected rubbish.

Most Malaysians think the problem is so endemic in our society that it is impossible to eradicate and they are sceptical of the efforts being made to get rid of it.

“I think Malaysia must be the only country where everything that goes wrong is blamed on corruption,” says D. Ravindran, director of corruption NKRA at Pemandu (Performance Management and Delivery Unit), who cites the remark about uncollected rubbish and unswept streets to illustrate the challenge his unit faces in the fight against graft.

We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery. - D. RAVINDRAN

Acknowledging the complexity of the problem, Ravindran concedes that its very nature makes it a challenge.

“Unlike the other NKRAs, you can't put a shape, form or frame around it. Anyone can get involved in corruption.”

And unlike in some of the other NKRAs, where a single ministry is positioned as the single authority steering the initiatives, you cannot put a face to the fight against corruption.

This war requires the collaborative effort of many ministries and agencies.

“Initially that was the biggest challenge how to get our hands around it.”

Hence, the first efforts involved establishing the building blocks fundamental to the fight, including setting up a cross-functional NKRA team to manage the initiatives.

Agent of change: MACC mascot Agen Lang celebrating the launch of an anti-corruption campaign with Minister in the Prime Minister’s Department Datuk Seri Nazri Aziz (third from right) and MACC chief commissioner Datuk Seri Abu Kassim Mohamed (right). — Bernama

The driving force came at an opportune moment, Ravindran reveals.

“It soon became very evident that we were actually getting the political will from the top to make things happen.

“That not only gave us sufficient encouragement to keep going, but also provided the impetus for the building blocks to start falling into place. That has made it simpler for us to tackle the other aspects.”

The mechanisms established include the Whistleblower Protection Act, the Finance Ministry's integrity pact for government procurement and the establishment of special corruption courts.

Transparency International (TI) chairman Datuk Paul Low views the setting up of the corruption courts as the best achievement of the NKRA in its fight against corruption.

As he points out, TI's recent Global Corruption Barometer showed that 48% of Malaysians believe the government's effort to fight corruption was effective, compared with 28% in 2009.

Optimistic that people's confidence will grow further, Ravindran feels the response shows that the battle is “getting somewhere”.

“It tells us that we are heading in the right direction and that there are things we are doing that are making people stand up and listen.”

Honourable: Top Glove chairman Lim was among the first to support the Corporate Integrity Pledge.

Boosting business health

Another battle being won in the war against corruption is in the corporate front, with the launch of the Corporate Integrity Pledge (CIP) early this year.

The aim is to get the corporate sector to say “No” to bribery, says Ravindran.

“We wanted to raise awareness among the corporate sector that it is not acceptable to participate in any way, shape or form of bribery,” he explains.

By adhering to the pledge, a company is making a unilateral declaration that it will not commit corrupt acts, will work towards creating a business environment that is free from corruption and will uphold the Anti-Corruption Principles for Corporations in Malaysia in the conduct of its business and in its interactions with its business partners and the Government.



In order to promote the companies that have signed the CIP, a CISM Portal has been established.

To date, more than 34 corporate players have signed on to the CIP.

“Initially we went after the large corporations, and we had many who came forward to sign up like AirAsia, Country Heights, Sime Darby, Tenaga Nasional and Top Glove. Soon, a new code will be unveiled specifically for the small and medium players,” he adds.

Low agrees that for the corruption-combat efforts to be effective, actions must be taken in both the private and public sectors.

“The public sector has taken the key initiative, which includes the use of integrity pact as a compliance tool and also tenders to be open. However, the tender process for public contracting must be further improved to ensure objectivity in the award of the tender.”

This includes the issue of the unproductive use of middleman and fixers/facilitators. “They need to be reduced or eliminated if such practice does not provide added value to the projects,” he said.

Agreeing that while the CIP is a great first step towards getting businesses to commit towards eradicating corruption, Tan Sri Lim Wee Chai, chairman of Top Glove, one of the first corporations to make an anti-graft pledge, believes that what is more important now is the commitment from all parties to walk the talk.

“The Government, the corporate sector and every single individual must be honest and transparent in their dealings.

“While businesses commit to stop giving bribes, the Government should ensure all tenders and applications are awarded and approved based on principles of merit and transparency. Any acts of corruption must be dealt with by law immediately, without fear or favour,” he stresses.

Top Glove is one private company that has always taken the issue of corruption very seriously. Even prior to signing the CIP, they have put in place policies and practices to curb bribery in 2009, Top Glove set up a Prevention and Anti-Corruption Committee known as TGPAC.

The TGPAC is aimed at fostering an anti-corruption mindset and instil honest and transparent practices among all Top Glove employees, as well as provide an avenue for its employees to lodge complaints of any corrupt practices in the company. Its employees are required to sign a pledge every year to vouch that they will not condone or be involved in any corrupt practices.

“So, when the government launched the CIP, we did not hesitate to be one of the first to support this noble cause. By signing the Pledge, it further reinforces our seriousness in fighting corruption,” Lim said, adding that they have found it easier to uphold their business ethics of honesty, integrity and transparency since launching the TGPAC and signing on to CIP.

“The enforcement of the anti-corruption practice indirectly helps improve the cost efficiency of our business. We also notice it's easier to attract and retain highly-ethical employees and at the same time, improve public trust of the company.”

The CIP is hoped to improve the perception on Malaysia's business environment, which is crucial to boost our global competitiveness, Ravindran points out.

No less important, he highlights, is to inspire confidence in Malaysians to invest in the country. He cites as example, a recent “experience” he had with Biocon, a pharmaceutical company from India which has partnered Pfizer to develop a diabetes drug. When things became delayed in India, the company surveyed other locations including Malaysia, he tells.

The director of the company conducted an independent study of Malaysia and rated Malaysia as being 60% cheaper than the other countries she went to.

“My question to her was, how many times have you been approached for a bribe? She answered that this is the first place where she was not approached for a bribe. She is confident that Malaysia is a good place to do business.

“When a foreigner can say that, why can't Malaysians believe that too? And she is investing a lot of money here.”

Next step

With the artillery in place, education is the next agenda in the combat against corruption.

“Now we want to work with younger people children and students to educate them about bribery. Early this year, we came up with an icon, called Agent Lang, taken from its namesake helang (eagle).”

He tells they wanted an identity across all agencies as a unified symbol to fight corruption.

“The species of eagle we picked is found only in Malaysia it is black and white to show that there is no grey (in the fight against corruption). It mates for life, which shows that it is very loyal and it eats snakes for dinner goes after the wrong doers.”

Agent Lang was a hit when they introduced it to students of two varsities, shares Ravindran.

As he puts it, the efforts to fight corruption have to be multi-pronged.

“While we continue the other initiatives to eradicate corruption, we are also raising public awareness on how to fight corruption, especially among the younger people.”

Other than education on the different avenues to get justice against corruption, he says, they are also educating the public on how to use these avenues.

He highlights, this is because while the hotline has helped in getting tips on corruption, one major problem is that the public who do use the hotline usually do not provide sufficient information.

“With insufficient information, it is difficult for the authorities to follow up,” he cautions, citing the Whistleblower Act as an example.

There are rules to its use, he stresses, “For example, people can ask for protection but they cannot go to the media to blow the whistle. Members of the public need to know how they can go about it and more importantly, what sort of information is needed it needs to be complete and credible.

“There are also certain ways of reporting, such as going to an enforcement agency to make a report, and not any other third parties. This is something MACC is addressing in its public outreach and Pemandu are working closely with them,” he adds.

Evidence, he concedes, is difficult to get and it is a major crutch in the dispensation of justice.

“Many people complain that cops ask for bribes but when they make a report, it is difficult to prove that he took the bribe. It is always their word against the cop's.”

The authorities can take action more effectively if they immediately report the incident, something that is possible through the hotline.

“If within an hour, more than 10 people complain about the police in that vicinity, an immediate inspection can be launched, and if he is found with more than RM30 on him, he can be taken into custody. Even if he did not take any bribes, he has contravened the regulations.”

More importantly, the public need to realise that anonymous letters or surat layang are simply no longer acceptable, he says.

The good news is that more people are coming forward to make reports on cases of bribery, not only about bribe givers but also the takers.

“Now, we need to focus on how to dispense justice quicker and more effectively,” he says, adding that with the establishment of the specialised courts, steps are being taken to train all the related personnel on dealing with corruption-related cases, specifically the judges.

While the road towards a corruption-free Malaysia is still long, Ravindran is confident that they are moving in the right direction in the fight against graft.

“I feel we have awoken the senses of the nation that it is not right to take or give a bribe. And if they see it happening, they know what to do now.

“We are in no way saying that we have won the battle or that we have totally beaten corruption, but to me, fundamentally it reflects that something right is happening.”

Source : The Star

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