An Opportunity for Change

The Royal Malaysia Police has a chance to start over. An independent commission of inquiry, formed for the first time in Malaysia in December 2003 to inquire into the police, has forcefully indicted the police for excessive human rights violations and abuse of power. Based on the submissions and complaints received, the “Royal Commission to Enhance the Operation and Management of the Royal Malaysia Police” reported that public dissatisfaction with the police was high, particularly in terms of the police response to complaints lodged at police stations, overcrowding and illtreatment in police lock-ups. The Commission has taken a strong pro-human rights stance in its report, by asserting “upholding human rights needs to become the central pillar of policing and the foundation of their ethical code”.

The findings of the Commission echo long-standing criticisms by international human rights organisations, civil society groups and individuals, of a police force regarded as brutal, corrupt and mired in impunity. The Commission has produced an extensive report (made public in May 2005), containing 125 recommendations aimed at rekindling public faith in the professionalism and integrity of the police force. These valuable suggestions, if implemented, will go a long way in shaping the Royal Malaysia Police into a truly democratic and accountable organisation that is trusted by the public.

The concept of ‘democratic policing’ implies an approach based on norms and values derived from democratic principles. Critical to the success of democratic policing is the principle that the police should be held accountable: not just by government, but by a wider network of agencies and organisations, working on behalf of the interests of the people, within a human rights framework. It prompts the creation of an Independent Police Complaints and Misconduct Commission (IPCMC) and a Parliamentary Select Committee on Police and Public Safety, to build external and parliamentary oversight into a new police accountability framework. A draft bill establishing the IPCMC has already been prepared. The Commission is envisaged as an independent complaints body, with powers to investigate serious misconduct matters and advise the Minister for Internal Security on increasing police integrity, reducing misconduct and building public confidence in the police. The Select Committee would exercise oversight over police functioning and the government’s implementation of the Royal Commission’s recommendations.

As with any reform process, the key questions of political will and implementation will loom large. Prime Minister Badwai has formed a task force (of which he is the chair) comprising of a cross-section of government agencies tasked with directing the implementation of the recommendations, though a prominent Malaysian NGO has expressed concern that the role and scope of the task force has not been clearly defined. The report of the Commission provides the blueprint for reform, but the pace and quality of reform will be set by the Government. There are countless examples across the Commonwealth of inquiry commissions, investigating all kinds of government deficiencies and issues of public interest that produce groundbreaking reports which are simply, and unjustifiably, neglected. Forming a commission of inquiry is only the first important step – clearly the true test of any government’s commitment to reform lies in how effectively it operationalises a commission’s suggestions.

At this time, Malaysia can look to the example set by three Australian states which transformed endemically corrupt police forces into democratic organisations by implementing the recommendations of commissions of inquiry. Today, these three police services enjoy public trust and work under a layered accountability system. The fate of policing in Malaysia is at a crossroads – it is now in the hands of the Government to deliver an improved service, or to perpetuate a substandard status quo. It is hoped that the work of the Commission and the voice of the public will not go unheeded at this opportune time.