Allow Ombudsman to probe, take action to avoid being 'toothless', say groups

SHAH ALAM - Experts suggest that ombudsman in Malaysia must be given enforcement powers to investigate and impose sanctions to avoid it being a powerless body.

International human rights lawyer M Ravi further said the body should consist of members from diverse sectors and not just restricted to lawyers and judges.

"Apart from the head of ombudsman being appointed, there should be a number of commissioners from different areas," he told Sinar Daily.

Ravi added there should be an open and transparent process for appointing a committee with clear criteria for suitable candidates to submit their applications.

To gain public trust, Ravi said that there should be clarity on the duties and powers of ombudsman. He also suggested that the ombudsman's role should extend beyond the civil service and involve greater coordination with other stakeholders.

In general, an ombudsman is an independent body to provide a check on government activity in the interests of the citizen and to oversee the investigation of complaints of improper government activity against the citizen.

Ravi also recommended that the Malaysian government should look to neighboring countries such as the Philippines and Indonesia where civil society plays an active role in the appointment and implementation process of the ombudsman office.

"I’m saying this because, Malaysia is part of Asean. It’s helpful to study models of ombudsman in the region as well," he said.

The government will present the Ombudsman Malaysia 2023 Bill in Parliament in October. Minister in the Prime Minister's Department (Law and Institutional Reform) Datuk Azalina Othman Said said Ombudsman Bill functions to handle complaints of misconduct and abuse in public service.

Commenting further, former president of Malaysian Bar Salim Bashir said forming an ombudsman will ensure effective monitoring and greater transparency.

"The Ombudsman Act which are scheduled to be tabled in Parliament soon will ensure credible check and balance of public governance and will provide independent oversights in dealing with public complaints.

"It is important for an ombudsman mechanism not only to deal with public complaints in an impartial manner but also to play a role in recommending best practices to government agencies and departments," he said.

Salim stressed that the ombudsman must be clothed with explicit powers to investigate and make suitable changes based on public complaints.

Therefore, he said the appointments of an ombudsman must be impartial and free from political interference.

"The appointments should possibly exclude serving or retired public servants, but should consider professionals, former judges, members of civil societies and academia that can hold up to the standards of the office of ombudsman," Salim said.

Meanwhile, Senior Partner of Messrs Anton and Chen, Alex Anton Netto said ombudsman, if implemented right, will go a long way in creating a well-run administration.

He also said appointees to the ombudsman office should not come from a civil service background.

"This is a right move as it ought to be someone from outside of the civil service judging the civil service.

"Also ombudsman will help people to restore trust massively. A well oiled administration shall ensure a smooth running nation," he said.