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The Sun – Secret court of our hearts

July 14, 2011 in Articles, Media, Spotlight

July 14, 2011 | By

Natalie Shobana Ambrose

IN Harper Lee’s famous book To Kill a Mockingbird, one of the main storylines is of Atticus, a lawyer defending Tom Robinson, an innocent black man falsely accused of raping Mayella, a white woman during the Great Depression. Having fought the case with substantial evidence for Tom’s acquittal, they lost because societal norms came before legal obligation. Even though Atticus had convinced a court of law of Tom’s innocence, in reality he had failed to win his case “in the secret courts of men’s hearts”.

It’s amazing how at the end of the day, our personal judgments and convictions are what we hold true to – not what we are told to believe. With everything going on in the past few weeks alone, I wonder what the secret courts of our hearts have decided.

The thing with justice is there’s a benchmark and it doesn’t move. We can tug at it, we can twist and package facts whichever way we want to get the desired verdict, but the bar never moves and the scales of our hearts magnetise towards an accurate equilibrium – it is never neutral because innate human nature causes us to try and put things right – to find justice. We tend to be uncomfortable otherwise. No matter what the popular trend is, ultimately we have to be at peace with the decisions and stand we take. In the words of Atticus, “the one thing that doesn’t abide by majority rule is a person’s conscience”.

That is why it so important that we do our duty. That we live up to the agreements we have made and measure ourselves not by what we do well but what we have failed to do. Only then will we become better. As a country, we share the responsibility of being part of the 47 states that make up the United Nations Human Rights Council. Part of our duty is to strengthen the promotion and protection of human rights around the world – which includes our country.

That bar does not move. Out of the 192 UN member states, Malaysia was chosen as the forerunner in upholding the tenets of human rights. Our duty? To not just be a good example but an outstanding one. But what does our report card have to say? In 2013 when we are up for re-election, how will we fare? Will we be humiliated by our score sheet and give excuses as to why we were not re-elected?

Personally, Malaysia seems caught in a different generational thinking. On one hand, we want to be a traditional society, respectful, obedient, peaceable. On the other hand, these traits have created a social layer of powerful, deaf opportunists who’s skewed perception holds the rest of the nation to ransom.

The problem is that a huge chunk of society has been exposed to something different, another option, and so the traditional traits are traded for what is deemed ungrateful, disrespectful and argumentative – all needing to be taught a lesson. In other words problematic.

However for those who dare to dream for a better country, that burden for change is heavy and cannot be dimmed. It’s not about which party wins – let’s face it, our options are limited. As clichéd as it sounds, it really is about change – positive change, real change, necessary change – and it doesn’t matter who does it, it just needs to be done.

If we have transitioned from a guided democracy to a full-fledged democracy, upholding all fundamental freedoms enshrined in the Universal Declaration of Human Rights along with the absence of intimidation is crucial.

This is what will win points in the court of public opinion – not machinery that on paper raves of improved living standards, but which shows a stark difference in reality. We can close our eyes, put our hands to our ears and scream at the top of our lungs to drown out the noise, but it will only grow louder. Our heads need to come out of the sand to face reality. It’s time to listen and change.

The conflicting reports, heart-tugging photos and strong statements that have followed from either side of the divide continue to fill our newsfeeds and will do so for a long time to come. No matter how much convincing either cause red, blue, yellow, government, opposition, print media or online media has done, in the privacy of our consciousness and the quietness of our convictions, each one of us has decided what happened, what the truth is, who the guilty verdict falls on and where to cast our votes – all in the secret court of our hearts.

Natalie thinks that if you have an opinion and a conscience, you don’t just register to vote, you exercise your right to vote. Comments: letters@thesundaily.com

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The Star – Challenges of good governance

June 16, 2011 in Articles

June 15,  2011 | By Shad Saleem Faruqi

Reflecting in The Law

A COUNTRY does not have to be rich in natural resources to be prosperous. Conversely, a wealth of natural resources does not guarantee prosperity and a high quality of life. Much depends on good governance.

However there is no magical formula of excellence in good administration of a nation and many factors need to coalesce to produce an economically vibrant and a politically just society.

Peace and stability: Life, liberty and property cannot be protected, human dignity cannot be promoted and security of expectations cannot be guaranteed unless the conditions that promote wars, racial or religious riots and internecine conflicts are removed. A further factor is high rates of street crime. It is a failed state if people do not have the freedom to live without fear.

On this score Malaysia has done well. Racial, religious and regional conflicts are contained by a unique power-sharing formula and a moderateness of spirit on cultural and religious issues that divide us. The economy is used to give everyone a stake in the country.

However, dark clouds loom over the horizon. The social fabric is under strain and groups emboldened by media attention and official inaction are trying their best to incite racial and religious hatred. It is a tribute to the Malaysian public that the baits being offered have not been taken.

Tackling poverty: Avoiding famines, preventing starvation and malnutrition, ensuring an abundant supply of essential commodities and controlling prices of basic goods and services are essential for the achievement of the finer graces of civilisation.

Five decades of enlightened economic policies have tackled poverty fairly successfully. The country offers unbelievable opportunities for upward economic and professional mobility.

However, for a host of reasons only a dent has been made on the problem of inequitable distribution of wealth among the races and within each race. The identification of race with function continues in both the public and private sectors.

Checks and balances: The desirability of a strong and determined government clashes with the need to tame naked power and make it conform to the rule of law.

The balance between these two competing aims is sought to be achieved by a host institutions, principles and procedures like the judiciary with power of judicial review, a representative legislature with power to hold the political executive accountable, an ombudsman system, independent intermediaries like the Auditor General, Election Commission, a Human Rights Commission and an Integrity Commission.

Some developments like a whistle-blowers law and the appointment of the Judicial Appointments Commission hold much promise.

Sadly, the check and balance role of constitutional and administrative law in Malaysia is very much in its infancy. Virtually no check and balance mechanism has lived up to its promise.

Taming the bureaucracy: Good governance requires effective public sector management, proper hierarchies and effective delivery of public services. Much has been done, though in patchwork, to improve administrative efficiency.

However, the public sector is in need of structural and psychological overhaul in some areas. It is, too, imbalanced racially. It lacks openness and transparency in its decisions. There are unconscionable delays for some types of applications and this arouses the temptation to grease palms.

The absence of an independent ombudsman and a Freedom of Information Act and the non-representative character of all local authorities do not gel with the ideal of a government that is responsible to the rakyat and responsive to the felt necessities of the times.

Within the higher echelons of government, there is obsession with the “systems approach” – that good systems will produce good results.

Consequently, we keep on spending money to improve our structures and processes. But we pay no heed to the fact that systems are as good as the people who administer them. The human dimension of recruiting the most suitable people is often ignored.

A problem quite peculiar to Malaysia is how statutory bodies are subject to the crippling control of civil servants. In the theory of administrative law, the purpose of setting up statutory bodies, public corporations and GLCs is to give them operational autonomy while enforcing some social responsibility.

Barring a few honourable exceptions, our PTD officers in the Finance Ministry, Public Service Department and Economic Planning Unit treat statutory bodies including universities like a department of the government and resort to micro-management.

Despite what the law says explicitly, and despite ministerial assurance, university autonomy in this country is a two-decades old, unfulfilled dream.

There is no dearth of University Boards and Vice-Chancellors with soaring dreams for their citadels of learning but virtually all top posts, all important financial decisions and academic policies require prior clearance from the bureaucracy.

Civil service control over universities and statutory bodies is both illegal and undesirable in the light of new imperatives of globalised education.

Corruption: In every society, a large percentage of national expenditure is swallowed up by corrupt practices. In Malaysia, combatting corruption, declaration of the assets of all public and political officials, more openness about political donations and a semblance of openness and competitiveness in the tender process are urgent tasks.

Public-private sector partnership: Harnessing the power of the private sector and encouraging private enterprise has been a commendable policy in our country.

People have been allowed to soar to the heights they wish to reach. This use of the economy to give people a stake in the country did much to bring development as well as unite the people.

At the same time, corporate crime must be controlled and the excesses of unbridled capitalism need to be guarded against. Close tabs have to be kept on the quality of services and prices in the private sector.

Democratic political system: An enduring democracy must support majority rule but with minority rights. The Constitution and the laws must contain a substantive dimension of just and fair rules, respect for human rights, the right of citizens to know, a fair and just electoral process, a free but fair media, participatory processes and inexpensive, informal and expeditious remedies for infringement of rights.

Leadership and human capital: Good governments must recognise that a successful knowledge-based economy relies on a large public investment in developing human capital through education. There must also be efforts to create a knowledge-environment to incubate entrepreneurial activities.

Finally, good governance requires leaders who are prepared to take risks, to lead, to inspire, to cajole and to go where even angels fear to tread.

The imposition of unorthodox economic controls after the economic meltdown of the late 90s is a case in point. The 1Malaysia policy is another.

On the role of leaders, Reverend Jesse Jackson once said: “Leaders of substance do not follow opinion polls. They mould opinions, not with guns or dollars or position, but with the power of their souls.”

> Shad Saleem Faruqi is Emeritus Professor of Law at UiTM and a Visiting Professor at USM

Emeritus Professor Datuk Dr. Shad Saleem Faruqi is speaking at the Perdana Leadership Foundation CEO Forum 2011 at the”Public Sector Governance As a Catalyst for National Growth and Progress” Session .

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Chief Secretary to the Government Supports the Establishment of the Code of Public Governance

February 21, 2011 in Articles, Events@PLF, Spotlight

Tan Sri Mohd Sidek Haji Hassan with Tan Sri Nik Mohd Nik Yaacob

“Governments are to serve the needs of the public. Governance in government is to ensure those needs are served efficiently, effectively and fairly by way of clear processes and structures.”

This meaning of governance was defined by Tan Sri Mohd Sidek Haji Hassan, the Chief Secretary to the Government of Malaysia during his keynote address at the Round Table Discussion on the Code of Public Governance, jointly organised by the National Council of Professors and Perdana Leadership Foundation on 17th February 2011 in Putrajaya. The half-day programme was organised to gather ideas from the academic sector civil society on the necessity of a Code of Public Governance for the country’s more than 1 million civil servants.

Professor Dr. Nik Ahmad Kamal Nik Mahmood

The Round Table started with a welcoming speech by the Head, Cluster of Governance, Law and Public Management of the Majlis Profesor Negara, Professor Dr. Nik Ahmad Kamal Nik Mahmood who briefly narrated the background of the National Council of Professors which was established on 1st April 2010.

More than 50 participants comprising of academicians, post-graduate students, members of NGOs and the media listened to the keynote address by Tan Sri Mohd Sidek Haji Hassan, themed, “Not For A few Good Men: The System is Ours”,  who defined the concept of ‘the system’ thus:

“Man is a product of his environment, as is an environment a product of society. The bearer of culture is man and the bearer of civilisation is society. It is then not wrong to conclude that our rights and wrongs, acceptance and reprieve as individuals a society maketh what we deem ‘The System’.”

Tan Sri Sidek agreed that there should be a public governance but emphasised throughout his speech that “The System” was not the responsibility of only a few, or even of the government in power, but is the collective responsibility of the nation.

Following the keynote address was a panel discussion comprising of panelists Emeritus Professor Datuk Dr. Shad Saleem Faruqi, Professor of Law at the Universiti Teknologi MARA (UiTM) and Tan Sri Dato’ Seri Haji Megat Najmuddin bin Datuk Seri Dr. Haji Megat Khas, the President of the Malaysian Institute for Corporate Governance (MICG).

Emeritus Professor Datuk Dr. Shad Saleem Faruqi

Professor Shad began his topic, “The Legal Framework for Public Accountability”, by defining accountability as, “Accountability means having to answer for, or render account of, the way in which one carries out one’s official tasks. The essence of accountability is discharging one’s responsibility at all time in accordance with established ethical norms, values and laws, and being willing to submit oneself to public scrutiny of every aspect of one’s conduct. Good governance is a journey and not a destination and no country has ever reaches it”. He later opined that enforcing accountability in the public sector is a challenge because “no one is willing to submit to public scrutiny” but governance is necessary to prevent “untrammelled exercise of power”.

Professor Shad also highlighted some other interesting points, among them the issue of human rights which he stressed was now gaining universal acceptance. Fundamental human rights, he said, are not endowed or ‘given’ by the government but are the rights that every human being is born with. A code of public governance hence should ensure that the rights of the rakyat are protected and that the government is not infringing on individual rights and freedoms in the exercise of its power.

Tan Sri Dato’ Seri Haji Megat Najmuddin bin Datuk Seri Dr. Haji Megat Khas

The second speaker, Tan Sri Megat Najmuddin spoke on, “The Transformability of the Culture of Corporate Governance in the Public Sector”. He believed that the task to emulate corporate governance culture into the public sector is not an easy task. “Decision makers in the government need to be guided by ideal behaviours and values because people’s perceptions have changed and higher standards of accountability are demanded…but cultural transformation to greater governance is daunting and a long-drawn process.”

During group discussion session

Tan Sri Megat Najmuddin later chaired a group discussion session, Industries Views on the Needs for Code of Public Governance, while the country’s Auditor-General, Tan Sri Dato’ Setia Haji Ambrin Buang chaired the discussion on, Justification for Having the Code of Public Governance; Political scientist and Nanyang Technology University Senior Fellow Dr. Farish Ahmad-Noor chaired the group discussion on  Rakyat’s Perception on Governance in the Public Service, and the Deputy Director-General (Operations) of the Public Service Department Dato’ Dr. Ismail Alias managed the discussion on The Effectiveness of General Order in Ensuring Good Governance in the Public Sector.

The discussion leaders convened again in a panel chaired by Professor Hazman Shah Abdullah, the Tan Sri Dato’ Sri Dr. Teh Hong Piow Resident Fellow for Perdana Leadership Foundation and Head of UiTM’s Institute of Quality and Knowledge Advancement (InQKA) to summarise issues that were highlighted during the Round table discussions.

(from left to right) - Dato’ Dr. Ismail Alias, Tan Sri Dato’ Setia Haji Ambrin Buang, Professor Hazman Shah Abdullah, Tan Sri Dato’ Seri Haji Megat Najmuddin bin Datuk Seri Dr. Haji Megat Khas and Dr. Farish Ahmad-Noor

The first speaker, Dato’ Dr. Ismail Alias, the Deputy Director-General (Operation), Public Service Department summed up that using the General Order (GO) had helped government officers to execute their jobs accordingly and the ‘GO’ culture had also encouraged professionalism in the public sector.  Tan Sri Dato’ Setia Haji Ambrin Buang, the Auditor General of Malaysia, commented that the government was serious about Public Governance but that more discussions on the establishment of a nationwide code need to take place. Tan Sri Megat Najmuddin then pointed out that any Code needs to be adopted by all state governments and stressed that Malaysia’s rewards and punishment system is “awry” in that “the crooks are rewarded and good people are punished”.  Dr. Farish Noor meanwhile believed that Malaysians’ lack of knowledge on the concept of ‘governance’ was the root problem and suggested that more education on the concept of governance needs to be done before discussions of a Code can take place.

The programme ended with panelists and participants agreeing that more discussions and forums should be held to debate further on the importance of establishing the code of governance in the public sector.

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Click here to read Emeritus Professor Datuk Dr. Shad Saleem Faruqi’s paper, entitled, “The Legal Framework for Public Accountability”

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In Brief: Perdana Leadership Foundation’s Resident Fellows

March 4, 2010 in PLF News, Research@PLF, Spotlight

Group photo with PLF Resident Fellows

An analysis of Malays views towards the West, a comparative study of Malaysia’s local councils and the future of Islamic banking in the globalised world are the topics of the Perdana Leadership Foundation’s Resident Fellows research projects. Three professors from our public and private universities have been appointed by the Foundation for the Foundation’s two-year Resident Fellowship programme.

The Resident Fellows during a meeting with Tan Sri Nik Mohamed at PLF on 4th March 2010

The Fellows are progressing well with their respective research: The Perdana Leadership Foundation Honorary President Resident Fellow Professor Dr. Ahmad Murad Merican is completing a sourcebook on Malay Occidentalism alongside his main thesis which will no doubt be useful reference for future researchers; Tan Sri Dato’ Sri Dr. Teh Hong Piow Resident Fellow Professor Dr. Hazman Shah is completing the second part of his interview with local councilors in Johor Bharu and Kota Bharu, while AmBank Group Resident Fellow Professor Abdul Ghafar is refining his work through presentations at seminars and forums, domestic and international. The Fellows will also be organising workshops in their respective areas of research for interested members of the public soon, so watch this space.

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Perdana Focus: Professor Dr. Hazman Shah

December 29, 2009 in Interviews, Research@PLF, Spotlight

Perdana Focus: Interview with Prof. Dr. Hazman Shah Abdullah, the Tan Sri Dato’ Seri Dr. Teh Hong Piow Resident Fellow

Professor Hazman at his PLF office

Professor Hazman at his PLF office

Q. Can you briefly explain what your research is about?

My research stems from the following observation; since 1980’s the improvement focus in the public arena has been more on the service quality and less on governance quality. The basic question has been – how can we make public agencies more efficient and effective in delivering services to the citizens?

The general answers have been to debureaucratise (make flexible), decouple (unlink service provision from policy or regulatory role), performance orientation (measure output, outcome and customer satisfaction) and rationalise (transfer to private and third sector). These outcomes have resulted in dramatic improvements in public services. Despite the service improvements the world over and at home, the public trust in government and elected officials have generally declined.

Hence the paradox, as customers, people are more satisfied now than before but as citizens, they are less trusting of the government that has performed better!

The problem is that the focus has been to improve the service quality dimension of governments with less emphasis on the governance aspects. Admittedly, the governance aspects are much more difficult to transform. This lopsided development has troubling consequences for the future of the nation. Government must not only deliver services, it must do so in way that is based on public participation, subject to the laws, with integrity, and accountability for the results. The danger is that governments are more focused on improving the delivery of services and less aggressive on improving the manner in which these improvements are brought about. Good governance is about both ends and means. This research is to dramatise these dangerous imbalance at the local government level.

In short, my research is about examining the twin arms of public governance i.e. service quality and governance quality. Public governance operates on the basic premise that when governments observe good governance practices, the quality of services and policy making will improve. Unfortunately, we have worked on mainly one front.

Q. Can you elaborate on the relevance of your research?

It is publicly acknowledged by the government that public services must be improved if the overall competitiveness of the nation is to be enhanced. Through the efforts undertaken since the 1980’s, public services have seen notable, and in some cases, remarkable improvements. But the governance dimension has generally suffered through less attention and slow changes.

Corruption is still perceived to be high, integrity of public and elected officials is questioned and trust in politicians and government is low in Malaysia; accountability of public agencies is largely internal and weak externally. These symptoms show the lack of parallel development on the governance front. As consumers, Malaysians like the public service improvements but as citizens they have misgivings about the way the government goes about its business. This paradox or imbalance must be researched and debated for better understanding so that there can be greater traction on the governance related changes.

Q. Can you let us know which local authorities (or states) you have chosen for your research, and why?

The choice of local authority is deliberate. Local authorities is the third tier of government in Malaysia, are unelected and hence, do not have a critical governance mechanism available to the state and federal governments. Local authorities continue to perceive themselves as corporations responsive to the consumers and accountable to the state (like shareholders). They have emphasised (in my mind over-emphasised) service quality and de-emphasised governance quality. This is unhealthy and does not augur well for the development of well governed local authorities. Therefore, local authorities are an excellent setting for this study.

The local authorities chosen for this study are Johor Baru City Council and Kota Baru Municipal Council. Besides being located in the extremities of Peninsula Malaysia, they are under state governments controlled by different political parties. The service-governance paradox can be studied in two different political settings.

Q. What do you hope will be the impact or benefits of your research?

I hope the research will draw attention to the developing imbalance and compel more debate both within and without the government. Research evidence can ensure the debate is serious and not polemical. The more we juxtapose and show the paradox, the more difficult it is to deny the imbalance. Hopefully, with the present resolve to improve the governance quality after the historic 12th national election, the study can be a further catalyst in this direction particularly at the local government level.

The social, economic and political crises that we face require government to act fast and firm. But with the decline in political legitimacy (low perceived governance quality), the government will be reluctant to move forward.

Q. You mention in your research proposal that the government has reformed its service delivery and efficiency but that there are still challenges at local authority level. Can you elaborate on this statement?

Local authorities have improved their services but the improvements have not been uniform. Local authorities have changed little in so far as governance quality is concerned. In fact, some would argue that it has declined!

The growing urbanisation will bring more Malaysians within the ambit of local authorities and yet local authorities are not “open” to their influence and involvement. With growing education, information and knowledge among the people especially n the urban areas, local authorities cannot continue with their arms-length approaches. These challenges are faced in many urban local authorities on an almost daily basis.

Q. Do you believe that elected local councillors will improve governance?

At present, local authorities (LA) are government with no direct accountability to the people who pay taxes. Their role in this level of government are limited and in many cases, rejected. Elected councillors will change this and make LAs more democratic and accountable to the local residents. LAs must learn to govern, not to rule the increasing urban and educated masses.

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