International Anti-Corruption Conference Designing 2030: Truth, Trust & Transparency
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TRANSPARENCY INTERNATIONAL MALAYSIA NEWSLETTER A Nation Without Corruption, A Society With Integrity Volume 41 (October-December 2020). KDN Permit No: 11959/03/2019 (025399) PRESIDENT’S MESSAGE As the extraordinary year of 2020 came to an end we need to reflect on some of the major events that happened throughout the year and look forward to the year 2021 with vigour and enthusiasm. In 2020 we saw the collapse of an elected government and the formation of a coalition government which the people did not choose. The Covid-19 pandemic spread across the world at such devastating speed that not only affected the lives of almost everyone on this planet but also caused economic collapse and political instability. While Covid-19 has changed our lives in many ways and how we engage with one another, but this has also opened new opportunities with the acceleration of digital technology in our dealings with everyone including the business community. The year 2020 also witnessed the conviction of the former Prime Minister Datuk Seri Najib Abdul Razak for the SRC case at the High Court. At the same time several high profile cases involving Riza Aziz, Tengku Adnan and Datuk Musa Aman were given discharge not amounting to acquittal (DNAA). On the other hand, Tengku Adnan was convicted in another case at the High Court recently. Both Najib and Tengku Adnan are appealing against their convictions at the Court of Appeal. The agenda for institutional reforms, the implementation of the initiatives in the National Anti- Corruption Plan (NACP), tabling of the political funding bill and the IPCMC (Independent Police Complaints of Misconduct Commission) bill has not seen much progress, and the level of commitment from the Perikatan Nasional (PN) government remains unclear. The recent release of the Global Corruption Barometer 2020 does not augur well for Malaysia as 71% Malaysians think government corruption is a big problem. For Transparency International Malaysia, our 2021 agenda will be on advocacy work on the Corporate Liability and educating the private sector on “Adequate Procedures”; pushing for the incorporation of the Deferred Prosecution Agreement (DPA) in the Section 17A of Corporate Liability Provision; to continue engaging with the PN government to reform the Whistle Blower Protection Act 2010, and to continue to speak up on issues related to governance, transparency, integrity and accountability. Dr Muhammad Mohan President Transparency International-Malaysia EDITORIAL A YEAR OF UNCERTAINTIES Phew! What a year this has been! It was truly a roller coaster ride of uncertainties. Uncertainty as to when the Covid-19 pandemic will end, uncertainty as to when we will have a stable government. Uncertainty as to when our economy will recover and uncertainty as to when we can travel freely. Frankly it’s like looking into a crystal ball and only seeing a cloudy image. These are really difficult times for the people. People are unsure what lies ahead. Businesses are down, jobs are being lost almost daily. Many don’t even have a decent meal a day. These are times when we should have a strong government, a government that will give assurance and make the provisions to care for the people instead of bickering and grabbing power as there is much to be gained for those in positions of power. The politicians and the people have to be united to rebuild this country. It is time we put aside partisan politics and convictions to strategize a path that will lighten the overwhelming burden borne by the people. It’s time that the leaders set aside their personal needs and be selfless in the service of the nation. It is time for them to look into the basic necessities of the people like decent jobs, enough food on the table, basic education and basic amenities like clean water, cheaper power and fuel and well maintained roads. It is time to completely eradicate the culture of corruption in all entities so that every penny is used for the benefit and betterment of the people, to lift them up from the depths of poverty and ignorance and empower them with economic strength so that they may have a better quality of life. We, the citizens of this wonderful country plead with all sincerity for all to work together and be certain as to what lies ahead and not grope blindly without a vision and falling into every pothole on the road to a bleak future. We need visionary and enlightened leaders who feel for the people and the dignity of the nation. In these difficult times we also need strong, transparent and committed leadership that is not afraid of making bold decisions to chart our path to recovery. In a way, the pandemic has distinctively shown us our flaws and weaknesses as well as our strengths and temerity to handle crisis with sense and confidence. We hope that 2021 brings a silver lining to a rather depressing and gloomy past year and pray that the pandemic will pass with the advent of the Covid-19 vaccine. Happy New Year everyone. Sivasangaran Nair 1 INTERNATIONAL ANTI-CORRUPTION CONFERENCE DESIGNING 2030: TRUTH, TRUST & TRANSPARENCY The 19th edition of the International Anti- Corruption Conference (IACC) was held from 30 is created, funded and managed by the private November 2020 to 5 December 2020 virtually in sector as a package that encompasses construction Seoul, South Korea, with the theme ‘Designing management, maintenance and repair works as 2030: Truth, Trust & Transparency’. 2030 is the well as replacement of public amenities comprising year that the Sustainable Development Goals – set buildings, infrastructures, equipment and facilities. by the UN General Assembly in 2015 – are intended to be achieved. Since the introduction of the privatization program from 1983 to 2020, about 647 privatized projects However, COVID-19 has plunged the future into have been implemented throughout the country. uncertainty and corruption has proven to be a The Government has benefited through savings in blight upon global efforts to tackle the pandemic. the form of capital expenditure amounting to RM287 billion. The burden of the Government's Planning the next 10 years will be crucial for administrative expenditure was successfully achieving a corruption-free future and the 19th reduced following the privatization of 58 IACC is the platform to take decisive steps towards Government agencies to the private sector. planning for the future. This savings has enabled the Government to The IACC is the biggest global forum bringing redistribute its limited development resource to together the leading experts in their fields to more needy sectors such as education, health care, collaborate in the fight against corruption. public transportation and poverty eradication Responding to the COVID-19 pandemic, the IACC programme. was held virtually for the very first time. This year’s edition is being hosted and organised by the Missed the IACC 2020? Worry not, re-attend the Korean Anti-Corruption and Civil Rights session here: https://iaccseries.org/ Commission, along with the IACC Council and Transparency International. TI-Malaysia President, Dr Mohan presented the Public Private Partnership (PPP) Initiatives in Malaysia under the Collective Action for Trust and Integrity plenary session. This government initiatives started in 1983 under the ‘Privatization Program’ and PPP was officially launched in 2006. PPP is a form of cooperation between the public and private sector whereby a stand-alone business Dr Muhammad Mohan attended the plenary session as one of the speakers 2 Booming economies, fast modernization and a perception however involved two different continued growth of the middle class are some of governments ruling the country. the key trends that will shape Asia. While the disruptive effect of the COVID-19 pandemic and its The results showed that 71% of the Malaysians feel economic consequences cannot be over-stated, that corruption in government is a big problem. Out many countries in the region are managing to of the 1000 people interviewed, 36% think that recover quickly, while others still suffer the dual Members of Parliament are corrupt, followed by health and economic crises. Despite vast socio- police (30%), government officials (28%), business economic and political differences, corruption executives (27%) and President/Prime Minister remains one of the key challenges across the region. (25%). In another question, 39% believe corruption level has increased over the past 12 months. The Global Corruption Barometer (GCB) – Asia, published by Transparency International, presents When it comes to people’s direct experience with the largest, most detailed set of public opinion data corruption, through bribery, sexual extortion or on citizens’ views on corruption and direct vote-buying, the results are worrying, and call for experiences of bribery in Asia, nearly 20,000 immediate and coordinated action. 13% of the citizens surveyed. respondents who were interviewed said that they paid bribes for public services in the last 12 months The assessment was done on public perception for while 15% Malaysian claimed that they had to use Malaysia from the period July 2019 to June 2020 personnel connections to get public services, such and the survey was carried out from the 16 June to as health care or education in the last 12 months. 28 July 2020. The period of assessment of public Meanwhile, 7% of them were offered bribes in exchange for votes. 3 For the first time, the Global Corruption Barometer Among the key recommendations suggested by TI- – Asia highlights data on sextortion. Sextortion is Malaysia to the Government: the abuse of power to obtain a sexual benefit or 1) Full disclosure on the status of the high profile advantage and often occurs in exchange for public graft cases; such as Sabah Watergate Scandal services, like health care or education.