Azam's proposed laws must be backed with stronger accountability measures - group

 

Any expansion of anti-corruption laws must be equally matched by strong safeguards to ensure accountability is consistently applied across the board, said Institute for Democracy and Economic Affairs (Ideas) chief executive officer Aira Azhari.

She said this is because public confidence depends not only on the existence of the law but also on the enforcement institutions’ credibility, independence, and fairness.

“Without this balance, there is a real risk that new measures will be perceived as biased and conflicted in their application,” Aira (above) said in a statement today.

Aira was responding to MACC chief commissioner Azam Baki’s proposal for three new laws aimed at addressing loopholes in public funding to prevent misappropriation of funds and corruption.

The first law proposed would cover misconduct in public office, aimed at preventing improper conduct among government employees, which paves the way for more serious offences.

The second proposal would be a Welfare Act to hinder NGOs from misusing public funds, while the third proposal concerns political funding, which Azam described as essential to prevent conflicts of interest, corruption, and undue influence in politics.

Improve accountability first

While acknowledging that Azam’s proposals could strengthen the country’s anti-corruption framework, Aira said additional laws risk adding complexity without improving accountability.

This is especially so when the laws are enacted without clear implementation, strong safeguards, and consistent enforcement, she added.

MACC chief commissioner Azam Baki

“(We) emphasise that regulatory reforms affecting civil society, governance and public finance will have a direct impact on the broader policy ecosystem in Malaysia.

“Strengthening oversight must not come at the expense of an open and enabling environment for civic engagement. In any process involving new legislation, it must include inclusive consultation with stakeholders, including civil society organisations, legal practitioners, and policymakers.

“The public cannot be kept in the dark regarding laws that will impact them directly or indirectly,” she stressed.

No draft made public

Aira highlighted that at present, there is no draft legislation on Azam’s proposals that has been made public, which limits stakeholders’ ability to meaningfully assess the scope, safeguards and potential implications of the proposed laws.

“Greater transparency and consultation will therefore be critical to ensure that any new framework is both effective and balanced.

“Malaysia already has an extensive legal framework addressing corruption and abuse of power. So, the introduction of additional legislation must therefore go beyond expanding regulatory scope.

“(It should instead) focus on strengthening institutional coherence, enforcement consistency and public trust.

“In areas such as political financing and public fundraising, where legislation is either non-existent or regulatory gaps remain, reforms must be carefully designed to ensure clarity and balance.”

Aira further said the proposed regulation of public fundraising requires particular care, as any new framework must be carefully calibrated to avoid imposing disproportionate burdens on legitimate civil society organisations.

“Regulatory measures must be clear, proportionate and applied consistently to prevent unintended constraints on civic participation.

“Public confidence in anti-corruption efforts depends not only on enforcement, but on the perception that such powers are exercised fairly and without overreach,” she said, adding that political financing reform remains a critical and long-overdue priority. - Mkini