In 2023, Minister in the Prime Minister’s Department (Law and Institutional Reform) Dato’ Sri Azalina Othman Said announced that the government was considering the possibility of establishing an Ombudsman’s office as an independent statutory body tasked with addressing and resolving public complaints against government departments and agencies. This body aims to improve the current system of managing public complaints helmed by the Public Complaints Bureau (PCB), which presently lies under the authority of the Prime Minister’s Office and draws its authority from administrative circulars. This lack of structural independence carries the inherent risk of executive interference in the functions of the PCB. Therefore, it is imperative that the Ombudsman – which is meant to enhance oversight upon the public services – is conferred sufficient power, authority, and autonomy to fulfil its intended purpose.
As part of the drafting process of the Ombudsman Bill, several consultations were held with various stakeholders – including a session with civil society organisations on 8/5/2023. Since that consultation session, C4 Center has conducted an in-depth comparative analysis of Ombudsman institutions across the world through extensive desk research and stakeholder consultations over a 10 month period – culminating in a research report titled “Structuring the Malaysian Ombudsman Office”. The report contains various recommendations on the structure, functions, and powers which should be afforded to a proposed Ombudsman office in Malaysia, taking into account domestic complexities when adopting and adapting best practices from a range of international jurisdictions.
The report was launched on 07/03/2024 at the Hotel Eastin, Petaling Jaya. The event included two panel discussions to stimulate debate and discussion on a relatively foreign concept for Malaysia:
- Panel Discussion 1 on “Fundamental Issues with Public Service Delivery Today”
Speakers:
- Steven Thiru (Managing Partner of Steven Thiru & Sudhar Partnership, former President of the Malaysian Bar)
- Fiqah Roslan (Tiada.Guru Campaign representative, co-founder of Borneo Speaks)
- Dato’ Sutinah Sutan (Board of Directors of C4 Center, former Deputy Commissioner of the MACC)
The panellists discussed the historical context of the Malaysian public service and the development of the current system of integrity and oversight applicable to public servants. This discussion aimed to identify existing gaps in the oversight mechanisms for the public service i.e. the problems which are sought to be addressed by introducing the Ombudsman
- Panel Discussion 2 on “Ombudsman Institutions in Practice”
Speakers:
- Iain Anderson (Commonwealth Ombudsman, Australia)
- Luka Glušac (Assistant Director & Research Fellow, Institute for Philosophy and Social Theory, University of Belgrade)
- Isolina Kinyua (Chief Legal Officer, Office of the Ombudsman/Commission on Administrative Justice, Kenya)
Panellists from various other jurisdictions were invited to explain the tangible benefits which have resulted from the introduction of Ombudsman institutions in their respective nations/states to the improvement of public service delivery, government accountability, and transparency. This discussion aimed to illustrate best practices which should be considered by Malaysia in establishing the Ombudsman, and to show the importance of this particular institutional reform towards upholding good governance in Malaysia.
Attendees of the report launch event included government representatives from the Legal Affairs Division of the Prime Minister’s Department (BHEUU) and the Ministry of Foreign Affairs, diplomatic officials from various embassies and high commissions, members of the media, and other civil society representatives. C4 Center is grateful in particular for the attendance of BHEUU’s Principal Assistant Director of the Policy and Research Section Pn. Nurbani Shuhada, who graciously received a copy of our report at the event; as well as First Secretary and Deputy Head of Mission of the Embassy of Sweden, Mr Robert Lejon who gave the keynote speech tracing the evolution of the concept of the Ombudsman in Sweden to the modern day.
C4 Center hopes that the proposal set out in this report will provide useful guidance for Malaysian lawmakers in the establishment of this new office, and we look forward to continued engagement with relevant stakeholders in this reform area.
