Only corrupt govts defend anti-whistleblower loopholes

It is clear to Malaysians that defending anti-whistleblower loopholes is a hallmark of a corrupted regime.

Genuine whistleblowers do not go to the media for attention nor slander: seeking media support is a final – and often only –recourse because corrupt politicians and senior public servants continue to treat Malaysia‘s enforcement agencies as their lackeys.

Today, as senior enforcement officers have abdicated their duties against mega-corruption in Sabah and ministers have protected themselves while sacrificing the nation, whistleblowers have been proven right.

To those forgetful in Parliament, including government, opposition, and independent MPs:

In 2015, then MACC deputy chief commissioner Shukri Abdull was investigating the SRC and 1MDB mega-scandals.

A key suspect was Umno’s then-prime minister Najib Abdul Razak.

In a tell-all press conference in 2018, three years later, Shukri exposed the truth:

Shukri completed two investigation papers on the RM2.6 billion and on SRC International. He said more than 100 witnesses had their statements recorded in the course of the investigation.

“My experience in investigating the SRC and 1MDB cases were frightening; I almost died.”

Ex-MACC deputy chief Shukri Abdull

Shukri said he was threatened with the sack, forced into early retirement and even received a live bullet.

“My intelligence sources told me that I would be arrested and jailed for attempting to overthrow the government. I then decided to leave for Washington,” he said.

If some political warlords can force even senior MACC investigators to flee the country while investigating corruption, what chance do ordinary whistleblowers have?

Cheap political theatre

Our whistleblower “protection” laws are cheap political theatre and insincere in eradicating corruption.

Thus the Tiada Guru Campaign, as public servant whistleblowers, condemns the deplorable rhetoric of Minister in the Prime Minister’s Department (Law and Institutional Reforms) Azalina Othman Said and Prime Minister Anwar Ibrahim against some whistleblowers forced to report to the media.

In reality, whistleblowers are acting in the interest of a country that dangerously corrupt politicians and public servants make a mockery of.

In verified whistleblower cases like teacher Nurhaizah Ejab’s, Malaysians witnessed that she - at great personal risk - photocopied critical evidence; authored whistleblower reports; braved death threats, intimidation, and humiliation from her Education Ministry colleagues; installed a hidden GoPro camera to record months of ministry misconduct against young girls; and was the only credible teacher witness, per High Court.

Where were our last five education ministers since this scandal began? According to the judgment, these defendants were instead busy violating the Federal Constitution and Education Act.

Nurhaizah acted quickly to save hundreds of rural children for no personal benefit to herself: not fame, position, or wealth. She sacrificed her and her family’s safety, while most senior public servants and politicians zipped their lips.

It is through conviction and courage that whistleblowers risk everything to protect their beloved communities.

Tiada Guru whistleblowers spoke up as education ministers emboldened lawbreakers; as law ministers wasted decades; as prime ministers fled every principle and the rule of law; as Parliaments quickly lost their appetite to speak.

Malaysians have paid a staggering price when the cabinets of 2013 (Najib), 2018 (Dr Mahathir Mohamad), 2020 (Muhyiddin Yassin), 2021 (Ismail Sabri Yaakob), and now 2022 (Anwar) have persistently and dangerously refused the public and public service’s pleas for independent and comprehensive whistleblower protection.

Zero corruption

Tiada Guru urges Malaysians to stand with our youth on the streets and at the ballot box - to expose the warlords’ deception of “no tolerance against corruption”, which only distracts and divides the nation while protecting the corrupt and demoralising whistleblowers.

Eliminating corruption is only possible with zero tolerance for thieves and warlords that protect thieves.

Tiada Guru stands with whistleblowers like Nurhaizah, who until today remains unacknowledged and vulnerable by this government after risking her life going on record to expose the corruption that threatens hundreds of rural students.

Malaysians question what kind of heartless, corrupt government would stay silent on Nurhaizah’s service for transparency and justice in the High Court - but find the time to demonise whistleblowers in the media, legitimise the Taliban, and bring disrepute to the judiciary?

We as Malaysians demand better. Without politicians able to abandon their ego, it is clear Malaysia’s future is dead to duty, dead to shame.

Reform demands

The Tiada Guru Campaign reiterates our key reforms:

• Amend to remove contradictory, ambiguous anti-whistleblower provisions in federal laws that silence disclosures of Government crime:

  - Public Officers Regulations & Discipline 1993 – Section 19;

  - Penal Code 203A;

  - Sedition Act 1948 almost in its entirety;

  - Official Secrets Act 1972 almost in its entirety

• Allow whistleblowers to obtain legal advice without losing protection.

• Allow whistleblowers to report to entities beyond the executive branch without losing protection, including in legal cases, Suhakam, public ombudsman and the media.

• Create a powerful, independent public ombudsman outside the executive branch with zero loopholes for politicians and senior public servants:

  - A proper public ombudsman receives, investigates, offers whistleblower protection, and takes legal or disciplinary action in severe public service misconduct cases.

  - Its budget is to be a set percentange of the federal budget; its commissioners should be drawn from legal societies, good governance CSOs and research institutions, and subject-matter experts (eg, health, children, environment). Former and current public servants and politicians are not to be considered due to a perceived or real conflict of interest with investigations into the public service. - Mkini

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TIADA GURU CAMPAIGN is led by whistleblowers of Education Ministry teachers.

The views expressed here are those of the author/contributor and do not necessarily represent the views of MMKtT.