Forced into accepting bribes

I FIND the statement by the Congress of Unions of Employees in the Public and Civil Services (Cuepacs) secretary-general that civil servants are being coerced into accepting bribes as disturbing.

If that is true, it certainly has significant implications for the integrity of the public sector.

The very people we trust to uphold law and order are betraying us on the excuse that they are being forced to do so.

It is troubling for many reasons.

The fact that Abdul Rahman Nordin exposed that to the media indicates that the problem is cancerous. Perhaps as secretary-general he has given up on channelling his frustrations via the proper channel, thus highlighting it openly to raise awareness.

Or there are severe loopholes within the system that make it almost impossible for civil servants to report such cases.

It implies that corrupt practices are either tolerated or inevitable and that there is a widespread practice of graft-accepting within the system. So much so that very little can be done. Even Cuepacs is not able to help its members.

But more severe is the implication that the system is incapable of protecting individuals, nor can it provide the air cover for members to report any act of threats or coercion without fear of retaliation.

Frankly, in the years I was chairman of the Consultation and Corruption Prevention Panel (better known by its Bahasa Malaysia acronym, PPPR) of the Malaysian Anti-Corruption Commission (MACC), such matters have never been brought up to us.

There were many horror stories about how corruption has been factored in or civil servants blatantly disregarding rules and regulations to enrich themselves. But I don’t remember anyone having brought up any particular case of a civil servant being threatened to accept bribes. Or instances where anyone was sent a bullet or their families threatened.

I want to believe the current crop of leaders in the civil service is professional and competent.

They are not perfect, but I am sure they are responsible individuals striving to uphold the highest level of integrity and accountability. Corruption is a crime against humanity. In a nation like ours, corruption will have a debilitating effect on the economy and well-being of the people.

It will derail our intention to provide the best for the people. It will enrich a few but impoverish the many.

The battle starts at the highest level – from the top echelon of the civil service to the ones working at the lowest end of the service chain. Everyone has a responsibility not to accept bribes or gratifications.

Old habits, if any, must be discarded. The old ways must be stopped. From tender processes to procurement regimes, the systems must be made transparent and credible.

It is our reputation at stake. The fact that we have not moved up even a notch on the Corruption Perception Index for the previous year should be an eye-opener.

We are at the 57th position among 180 nations surveyed. This despite the clarion call to combat corruption at all costs and the noises emanating from Putrajaya about ensuring a clean administration. The Prime Minister has made it his jihad to fight corruption.

Transparency International Malaysia (TI-M) president Dr Muhammad Mohan is blunt about civil servants’ bribe defence; it will make us a global laughingstock.

Others argue that such an excuse is tantamount to legitimising corruption in the civil service.

Rasuah Busters’ Nurhayati Nordin has suggested large-scale reforms to crush corruption among civil servants. “Simply enforcing rules is not enough,” she argues.

“We need a collective commitment to win the war against graft,” she said.

First and foremost, civil servants are governed by rules and regulations (Perintah-Perintah Am) or General Orders. An “officer of a public body” has his or her fiduciary duty to perform. Dereliction to that is against the grain of the conduct required of them.

The MACC Act 2009 is the primary legislation governing bribery and corruption in the country.

There is, however, another important piece of document to ensure the effectiveness of graft fighting: the Whistleblower Protection Act 2010.

I am not sure if the Act is well understood by all. Or if many are afraid that while the Act is there, the protection is not guaranteed. Or are there loopholes in the current Act? The confession by a Cuepacs bigwig is a wake-up call for the civil service as a whole.

On the other hand, the statement can be misconstrued by many as undermining the credibility and effectiveness of law enforcement agencies, particularly the MACC. But more importantly, Cuepacs must come clean on the matter.

It is about time that Cuepacs helped empower individuals within the system to stand firm against corruption.

I believe a task force involving the highest level of the civil service, the MACC, the police and Cuepacs must be set up to address the issue.

If accepting bribes is normalised and corrupt practices are tolerated for whatever excuse, it will have far-reaching and dire consequences for the nation.

The writer is a veteran journalist. He was formerly chair of the Consultation and Corruption Prevention Panel of the MACC. The views expressed here are his own.