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Malay Mail
7 days ago
- Politics
- Malay Mail
New reforms won't fix weak whistleblower protection law without ombudsman, civil society warns
KUALA LUMPUR, July 24 — The Malaysian government must introduce an ombudsman without delay to protect whistleblowers who raise the alarm on corruption, crimes or misconduct, experts and civil society groups have said. In a statement dated yesterday, these subject matter experts and civil society groups welcomed the government's recent tabling of amendments to the Whistleblower Protection Act (WPA) 2010 in the Dewan Rakyat, but said it should be improved. 'While the move is timely and necessary, the proposed reforms remain incomplete and require urgent refinement to ensure meaningful protection and long-term institutional integrity,' they said in a statement. The statement was signed by 13 partners to the All-Party Parliamentary Group Malaysia (APPGM) on Integrity, Governance and Anti-Corruption, which is a bipartisan 14-member group of federal lawmakers chaired by a Pakatan Harapan MP and with a Perikatan Nasional MP as its vice chairman. The 13 partners zeroed in on the proposed amendment to the WPA to create a 'Whistleblower Protection Committee', stressing that this should only be a temporary fix and must be replaced by an ombudsman. This is what the government plans to do by adding Section 5A to the WPA: 'Whistleblower Protection Committee' to oversee the Act's implementation and to get statistics on disclosure and complaints received. The committee's composition: Law minister to appoint chairman and maximum seven members; Committee chairman's term and members' term are a maximum three years, but they can be reappointed when their term expires. Civil society urges for ombudsman instead of temporary Whistleblower Protection Committee On July 22, Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) M. Kulasegaran in the Dewan Rakyat said the Whistleblower Protection Committee is just a 'stopgap measure' until the Malaysian government introduces a new agency called the Ombudsman Malaysia. Kulasegaran said the Whistleblower Protection Committee is not meant to be permanent, and that a new law is expected to be created at the end of this year to introduce the ombudsman. He had also said that the ombudsman is expected to take over the committee's duties, and also have the added power to receive tip-offs from whistleblowers and also monitor the outcome of investigations by enforcement agencies. But in their statement yesterday, the 13 partners to the APPGM group said 'the proposed interim committee must not become a permanent workaround', and said an ombudsman must be introduced to replace it. Before the ombudsman is created, they said the interim whistleblower protection committee's members must not only be government insiders, but must include 'independent civil society actors, legal and governance experts' appointed through a transparent and criteria-based process. 'We reiterate our long-standing position: without an independent Ombudsman, the WPA remains structurally weak. 'The absence of this key institution continues to leave whistleblower protection vulnerable to selective enforcement and political interference. The establishment of the Ombudsman must proceed without further delay,' they said. Other amendments good In the same statement, the 13 partners to the APPGM group supported two other major amendments in the WPA (to amend Section 6, to add Section 11(1A)): 1. (Section 6 amendment) The existing WPA does not protect whistleblowers, if there are any written law that prohibits them from disclosing information related to the improper conduct (for example, the Official Secrets Act). The proposed amendment would allow whistleblowers to still be protected in Malaysia even if the information disclosure is prohibited by any law. What the 13 experts and civil society representatives say: They support the Section 6 amendment to ensure that WPA protections would override conflicting laws (including the Official Secrets Act and the Penal Code's Section 203A), as whistleblowers will remain at legal risk and the WPA's purpose would be defeated without this amendment. 2. (Section 11(1A) amendment) This proposed amendment seeks to empower the relevant enforcement agency to use its own discretion to decide that it will continue to protect the whistleblower, if the enforcement agency discovers during investigation that such protection needs to be given. What the 13 experts and civil society representatives say: This amendment is a welcome addition. The amendment gives enforcement agencies the discretionary powers to maintain protection for whistleblowers on a case by case basis. As a whole, the 13 individuals said the WPA amendments are the result of years of multi-stakeholder engagement, and cautioned against any regression to closed-door policymaking. 'The reform process must remain open, inclusive, and guided by evidence and international best practice,' they said, while also offering their support to help the government deliver a permanent and credible framework for whistleblower protection. The statement's 13 signatories are Tan Sri Syed Hamid Albar; Tan Sri Nazir Razak; Datuk Hussamuddin Yaacub (#RasuahBusters); Professor Edmund Terence Gomez; Shah Hakim Zain; Maha Balakrishnan; Anas Zubedy; Nurhayati Nordin (#RasuahBusters secretariat); Cynthia Gabriel (C4); Pushpan Murugiah (C4); Badlishah Sham Baharin (Ikram); Aira Azhari (IDEAS); and Tharma Pillai (Undi 18). The WPA amendments were tabled at the Dewan Rakyat on March 6 and was passed on July 22, and will next be tabled at Dewan Negara. The WPA amendments will only become law if the Dewan Negara also passes those amendments, and after the amendments receive royal assent, are gazetted and take legal effect.
Sinar Daily
7 days ago
- Politics
- Sinar Daily
APPGM urges stronger structural reforms in Whistleblower protection law
SHAH ALAM - Civil society groups and experts working with the All-Party Parliamentary Group Malaysia (APPGM) on Integrity, Governance and Anti-Corruption shared cautious optimism following the recent tabling of amendments to the Whistleblower Protection Act (WPA) 2010. In a joint media statement, the group welcomed the move as both timely and important, but stressed that the proposed revisions remained insufficient and required significant improvements to guarantee meaningful and lasting protection for whistleblowers. The group raised six key points to highlight gaps in the current reform framework. 1. Interim committee cannot replace an ombudsman The partners stressed that the proposed interim committee must not become a permanent solution. 'An ombudsman must be introduced to replace the functions of the interim committee as per the commitment by the Deputy Minister in the Prime Minister's Department (Law and Institutional Reform) 'In the interim period, the committee must include independent civil society actors, legal and governance experts—not just government insiders and that appointments should be transparent and criteria-based,' the statement said. 2. Independent ombudsman is non-negotiable Echoing long-standing calls for institutional reform, the coalition emphasised that without an independent ombudsman, the WPA remains structurally weak. They warned that the absence of this key body leaves whistleblower protections 'vulnerable to selective enforcement and political interference.' The group demanded that the ombudsman be established without further delay. 3. Section 6 amendments must override conflicting laws The partners voiced strong support for proposed amendments to Section 6 of the Act, saying it was essential for the WPA to override conflicting laws such as the Official Secrets Act and Section 203A of the Penal Code. 'Until this is clearly codified, whistleblowers remain at legal risk—defeating the purpose of the Act,' the statement read. 4. Recognition of S11(1A) as positive step They acknowledged the introduction of a new clause, Section 11(1A), as a constructive improvement. 'We welcome the inclusion of S11(1A) which states that notwithstanding S11(1)(a), the protection conferred to the whistleblower may be maintained by the enforcement agency,' they said. The clause grants agencies discretionary powers to maintain protection based on investigation findings, which the group saw as a step in the right direction. 5. Multi-stakeholder process must be preserved The group stressed the importance of maintaining an open and inclusive reform process. 'The WPA amendments are the result of years of multi-stakeholder engagement. The reform process must remain open, inclusive and guided by evidence and international best practice. 'We caution against any regression to closed-door policymaking,' they warned. 6. Bipartisan support is critical In closing, the partners reaffirmed their commitment to upholding integrity and transparency. 'Real reform requires more than technical adjustments—it requires legal clarity, structural safeguards and institutional courage,' they said. They also expressed readiness to work with the government to ensure a robust whistleblower protection framework and praised Members of Parliament who had championed these reforms. 'We also commend the MPs raising these issues in Parliament today and urge continued leadership in seeing these reforms through,' the statement said.
