A COALITION of 20 civil society organisations (CSOs) and former Batu Kawan MP Kasthuri Patto are urging the unity government of Prime Minister Anwar Ibrahim to implement prescriptive and legal reforms at once to safeguard whistleblowers.

In a joint statement released today, the CSOs emphasised the necessity for the cabinet to pass legislation that effectively protects whistleblowers who prioritise the truth and prosperity of the nation over their personal safety.

The coalition urged the government to establish an ombudsman to investigate cases of severe misconduct among civil servants and provide comprehensive support for whistleblowers, including protection, investigation, and the ability to take disciplinary or legal action.

“The most serious cases require an independent investigation, and only a public ombudsman can ensure such a safety guarantee,” the statement added.

As a preliminary step towards this objective, the CSOs said that each ministry should issue and enforce a circular, effective immediately, which explicitly states that any form of retaliation against a whistleblower, whether informal or formal, constitutes one of the most severe disciplinary offences and will no longer be tolerated.

Additionally, the circular should specify that the protection of alleged disciplinary, civil, or criminal offenders amounts to criminal gratification under the MACC Act 2009, leading to prosecution. Furthermore, it should grant automatic protection against disciplinary retaliation to whistleblowers who provide testimony in civil or criminal court proceedings.

The CSOs stated that parliament must promptly draft, collaborate on, and pass significant amendments to the nation’s laws with retroactive effect. These amendments should aim to eliminate contradictory and intentionally ambiguous anti-whistleblower provisions that stifle disclosures. Specifically, the CSOs identified the following laws for amendment: section 19 of the Public Officers Regulations Act (Conduct and Discipline) 1993; section 203A of the penal code; Sedition Act 1948 (almost in its entirety); and Official Secrets Act 1972 (almost in its entirety).

The CSOs also demanded the extension of civil and criminal protection to victims, families, and witnesses by amending substantial portions of the Whistleblower Protection Act 2010.

They said these comprehensive amendments would allow whistleblowers to seek legal advice without losing protection and enable them to report misconduct to entities beyond the executive branch while still being protected.

The CSOs emphasised the need for lawmakers in parliament to establish an ombudsman independent of the executive branch. This entity would receive and investigate cases, provide whistleblower protection, and take legal or disciplinary action in instances of severe misconduct within the public service. They also recommended excluding former and current public servants and politicians from these investigative roles due to potential conflicts of interest.

“Whistleblowers have paid the price when the cabinets of Najib Razak, Dr Mahathir Mohamad, Muhyiddin Yassin, and Ismail Sabri irresponsibly ignored the pleas of the public service. As a result, future generations are left with immeasurable blind spots, corruptible public institutions, and a deteriorating quality of life that will continue to burden ordinary Malaysians,” the statement said.

“Whistleblowers have the potential to unite the nation rapidly, visibly, and sustainably, thereby rectifying entrenched failures in every district. We create positive reinforcement loops that directly address these issues,” they added.

The CSOs argued that Malaysia’s lack of whistleblower protection is an inherent scandal. They questioned who benefits when thousands of whistleblowers face attacks, while politicians and senior public service officers enjoy insufficient and non-independent legal protection.

“Whistleblowers uniquely unite Malaysians in fulfilling their heroic national duty. We, as whistleblowers, can initiate reform movements in every district, rural or urban. However, this can only be accomplished if the unity cabinet enacts legislation to shield whistleblowers. The unity cabinet has the ability and responsibility to redefine the shared destiny of Malaysians by providing immediate legal protection for the heroes of our country – the whistleblowers,” they said.

Failure to address this matter, the statement warned, could result in the cabinet bearing the consequences of each government scandal that occurs under its tenure.

After enduring decades of suppressed pleas, reports, and scandals, whistleblowers have waited for the delivery of similar promises that were ultimately discarded, it said

“No more excuses. It is time for the lights to be turned on in every corner of Malaysia.” – June 13, 2023.