Malaysia highest number of good practices, reveals UN anti-corruption review

Malaysia has one of the highest number of good practices in the world when it comes to its authorities' war on graft, according to a review by the United Nations Convention Against Corruption (UNCAC).

This was revealed by Minister in the Prime Minister’s Department Datuk Paul Low when he announced that the UNCAC 2013 Review Report was being made public for the first time.

“It was highlighted that Malaysia received recommendations for best practices in a total of 23 areas— the highest number out of all countries reviewed!” said Low during a speech at the Malaysian Anti-Corruption Academy here on Friday.

The United Nations Convention against Corruption (UNCAC) is a legally binding international anti-corruption instrument that was adopted by the UN General Assembly in October 2003.

Malaysia signed the document on December 9, 2003 and ratified it on September 24, 2008. As of August 2013, 167 countries have become parties to the UNCAC.

As part of the UNCAC process, countries are subject to a peer review by fellow signatories where their specific anti-corruption initiatives are examined and measured against international standards.

This latest review of Malaysia was conducted by Kenya and the Philippines in February 2013.

Low, who’s portfolio deals with integrity, transparency, governance as well as human rights, said that there were several areas where the reviewers found weaknesses and had recommended improvements.

“Among the key recommendations of the report that we are working on is to have a separate service commission so that MACC can employ not just those from the civil service but any experts,” said Low.

He added that the government wants the MACC chief commissioner’s position elevated to be similar to that of a chief judge, whose position cannot be removed except via a tribunal.

“This requires amendments to the Federal Constitution but I feel this is something that crosses political divide, it is good for MACC and the country.”

Another proposal being looked at, said Low, is amendments to the MACC act, which includes making ‘living beyond one’s means’ an offence, and making corporations liable over their employee’s corrupt acts.

Low pledged that all "actionable recommendations" will be brought up to the Prime Minister and the Cabinet.

Meanwhile, Anti-Corruption Adviser from UN Office of Drugs and Crime Southeast Asia Shervin Majlessi said the reviewers for Malaysia had found that several of Malaysia’s corruption laws can be “refined and broadened”.

"For example on illicit enrichment, now it can only be (probed) if there is an ongoing investigation so the recommendation is to broaden the... investigation on illicit enrichment," he said.

Majlessi added that there are also recommendations to strengthen laws on “obstruction of justice”. He also said that the report found risks in lack of independence because the chief commissioner of the MACC is appointed on the recommendation of the prime minister.

"But we are happy to hear this is being addressed," he said.