Categories
Politics & government

[2788] It isn’t about Mahathir or Muhyiddin. It’s about government corruption

It is true. The 1MDB corruption scandal brings together strange bedfellows against the Najib government.

Mahathir Mohamad, Muhyiddin Yassin, Gani Patail and the likes are not exactly role models for liberals. These men have their own faults and sins. Their comments and their actions in other matters can be criticized easily. After 22 years in power while actively weakening Malaysian institutions, there are enough material to talk about Mahathir. Just the other day, a friend of mine jokingly said Muhyiddin was the enemy of the internet for all his nonsensical opinion about the Malaysian education system.

Yet, they have become, to their own followers at least, the leading voices against 1MDB. The Anti-Corruption Commission, much reviled by the federal opposition in particular for the mishandling of Teoh Beng Hock case, are now gathering sympathy for investigating the government and being intimidated by the police and suspicious men of conflicted interests.

As these new allies of sort band together, we hear and read the cynical remarks pointing out that suddenly these men, women and institutions are heroes and angels. Their past sins are forgotten and forgiven.

That is nonsense and utterly beside the point.

We are not in the business of appealing to authority. We are interested in answering questions and uncovering the truth, regardless who asked the questions. We are interested in removing the conflict of interest currently preventing a proper earnest investigation from being carried out.

Whether it is Mahathir or Muhyiddin or whoever your favorite man to hate, their questions are the same as asked by others. If they share the same concerns as many others, good for them.

What must be stressed is that those similarities of concerns say nothing of the legitimacy of the demand for truth and justice.

This is why when Najib Razak and his men began attacking Mahathir trying to wean credibility off the former Prime Minister, that did little to stop the advancing criticism against 1MDB, Najib and the government. It did nothing because this is never about Mahathir or Muhyiddin or Gani Patail or anybody else who are attacking 1MDB and the government.

We who want justice could not care less for the credibility of Mahathir, Muhyiddin and others.

What we care is the issue of corruption — both pecuniary and institutional wise — involving the 1MDB and the highest office in the land. Others are sideshows.

Categories
Politics & government

[2787] The Bukit Aman fire

When I first learned Bukit Aman was on fire, I had a shot of adrenaline rush. I sincerely thought, finally, an uprising. Najib has been pushing everybody to the brink and I felt something drastic was bound to happen. In the air, with everything else failing, I could almost smell a revolution.

John F. Kennedy said “those who make peaceful revolution impossible will make violent revolution inevitable.” We Malaysians are close to that point.

This is a government that has preposterously threatened various individuals of attempting to overthrow the government only for wanting the truth out of the 1MDB corruption scandal. This is also a government which thinks democratic mandate gives them a free-reign on everything and that they are free from criminal charges. With all the outrageous hyperboles and disregard for rules, we might as well have a self-fulling prophecy.

And I think I am not the only one in this country frustrated at the current turns of event. Looking around my social media network and talking to friends, I feel a lot of people would be willing to go down to the streets to register their outrage beyond typing angrily on the internet. Bersih is planning a protest next month. I dare say it will be big beyond anything I have ever seen before in Malaysia and I have been to all of Bersih protests and they were a huge collection of Malaysians regardless of the lying government media and other paid hacks lacking moral fiber said.

Alas, how disappointing it was when I found out the fire was probably just an accident. Conspiracy theories are making rounds but at the moment, I think it is safe to say it was not caused by an angry mob who had had enough. It could be as innocent as short circuit and probably not nearly as close as men and women singing ”do you hear the people sing”¦”

But the fire does symbolize something bigger than a mere short-circuit fire burning various investigation papers.

It symbolizes the failures of our institutions. Our institutions are playing the old sleepy dogs that would just look on as the robbers entered the vault. The dogs lifted up their head, and went back to sleep.

Sadly, these institutions were created to serve us the public. To protect us. But they are now protecting the groups abusing us.

So let it burn. Let the police headquarters burn to the ground. They, their farcical crime index and their transformation labs are no use to us.

Categories
Politics & government

[2783] Public officials do not deserve privacy

Privacy very is important to me. It is important not just in the practical sense but also as a matter of principle with the context that I am a libertarian. Even in the internet age when doxing and hacking are almost normal and easily done, surveillance and privacy breaches are still a concern.

Now, the 1Malaysia Development Berhad scandal involves a lot of violations of individual privacy. Details of individuals’ bank accounts have been leaked out. Yet, I do not take it as violation in the libertarian sense.

Does this mean I am applying double standard in this case?

No.

So, why does the privacy for these individuals weigh less than that of others’?

These individuals — public official and their close relatives — do not deserve the typical privacy protection granted to the common men and women because they are in power. They are public officials. The higher up they are on the echelon of power, the less protection they deserve and the greater scrutiny the they should come under.

If they were accorded the same protection, it would create great opportunity for corruption and makes it harder to detect actual cases of corruption. For a clean government to exist, power must always survive skepticism. And so too for men and women holding public offices.

In fact, it should be the practice for public officials to declare their income and wealth to the public in the first place to reduce the opportunity for corruption. That very practice refuses them the right to privacy as far as income and wealth are concerned.

But in Malaysia, we do not have that declaration system and the public cannot access existing incomplete, inadequate asset declaration records. And this doubly means that these individuals of power do not deserve privacy that they are demanding.

Truly, leaks targeting 1MDB and others in power are now the only means for the public to ascertain the various allegations of corruption. These allegations are no more about sensationalist tabloid gossips. They are a matter of state administration and corruption.

Worse, sadly, the leaks have more credibility than most Malaysian institutions. I hold that it is these leaks that are forcing our institutions to investigate 1MDB finally. Without the leaks, these institutions compromised as they are, would have done nothing. The leakers, whoever they are, are providing public service.

This leads to another point. Our institutions suffer from trust deficit. Years of abuse by the government have robbed our institutions from the neutrality and the credibility they need to do their job.

And on top that, there is also conflict of interest just by the way our institutions are designed. In the case of 1MDB specifically, the attorney general who is leading the investigation suffers from conflict of interest. The AG office is both the public prosecutor and the legal counsel for the government. Since the AG office itself is under the Prime Minister’s Department, I fear the political reality means the AG will act more of a legal counsel to the government than as a reliable public prosecutor.

If the lack of very public asset declaration practice, trust deficit and conflict of interest has yet to convince you why individuals of power (public officials and their close relatives) do not deserve the typical privacy protection, then perhaps the awkwardness of them using the privacy laws to prosecute the leakers and prevent the public from finding out if there is indeed has been any wrongdoing.

At the very least, there is a very strong suspicion of abuse in 1MDB, a government-linked company. Any individual benefiting from the abuse deserves no privacy protection. They, instead of the leakers, should face the full force of the law instead.

Categories
Politics & government Society

[2398] Bersih and the wider trust deficit

Somewhere in Streatham, south of London earlier this year, I found myself slouching lazily on a couch watching the BBC with a friend and his still lazier cat. On television was the Egyptian revolution ”live”, with protesters and government supporters throwing rocks at each other. Such was the lamentable state of Egypt that used to be the apex of human civilization not once, but twice. Its deeply flawed institutions had reduced Egypt into a state of anarchy.

”Don’t you find this impossible?” I think I asked my friend. ”We know these protesters want Mubarak out but what about his supporters? Are their wishes less legitimate than those protesting on the streets?”

The reply came promptly, ”The importance of a credible election. Credible elections are important in determining popular opinion. Nothing in Egypt has enough credibility or the competence to ascertain the popular opinion right now.”

The Arab Spring is an extreme example but it does highlight the importance of a working electoral system. It highlights the importance of individuals trusting a system to aggregate popular opinion fairly and peacefully.

For this reason, the effort at electoral reforms by Bersih is important. Some of its demands add transparency in the electoral process and transparency goes a long way in creating credibility.

Bersih, of course, is about electoral reforms but the question of confidence in institutions is really part of the larger trust deficit problem in Malaysia. The problem of trust deficit is this: a considerable portion of Malaysians distrusts the government. And they are not libertarians. Rather, they are part of the everyday people.

It does not matter whether that portion makes up the majority of Malaysian society or not. The point is that they are big enough that they cannot be ignored, or banned just like that. There is no place for an ostrich if the country plans to solve the deficit.

For Malaysia, distrust in public institutions will not degenerate to the deplorable level seen in the Arab world recently anytime soon. It is an exaggeration to say otherwise. That is a long way down the canyon. Yet, various other not-so-ideal things can happen with the lack of confidence in public institutions.

When the public distrusts the courts, the police and everything that is commonly understood as the typical uncontroversial functions of the state, the government will have a hard time doing its job.

Take distrust in the police, for example. Crime cannot be the responsibility of the police alone. Crime fighting requires co-operation from the public. In an overly distrusting environment, is there a reason for a person to aid the police? Be a witness for the police? Is there a reason for the person to report the occurrence of crime to the police? Is there a reason for the person to believe the police will protect them?

All that will see individuals investing in their security, taking resources away from more productive activities. They make redundant activities typically funded by taxes.

This is already happening. Drive around Petaling Jaya and other neighborhoods and one can see what effectively are gated communities. Residents are pooling their resources to hire private firms to secure their property.

It shows they are distrustful of the police. Or at least how they do not believe that the police are competent enough to serve them, the taxpayers. What, one might ask, is the point of paying taxes to support the police force when one has to employ private security firms to keep one’s house safe?

And just to be naughty, if there was enough trust between the public and the government, the government would not have to spend millions of public funds for public relations exercises. That money can better be spent elsewhere. Yet, in times of great skepticism, what would be wasteful during normal times could become a necessity to keep the government running.

It is good to keep a healthy dose of skepticism against the government and the state in general. Yet, there is some optimum level of skepticism before destructive cynicism sets in.

Quite unfortunately, the current government of Malaysia — the Abdullah and the Najib administrations alike — is too good at inculcating public cynicism against itself. Given how the government tries hard to erode the independence of public institutions, the government is undermining public confidence in public institutions.

Bersih is a modest effort at trying to ultimately restore credibility to public institutions. In its little way, it is an effort to tackle the wider trust deficit.

The Najib administration, however, disagrees and demonizes Bersih instead. Maybe that is not at all surprising. The flawed institutions of status quo benefit the incumbent. The administration and its fiercest supporters are happy with the status quo. In jargon-speak, they have captured the public institutions.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved
First published in The Malaysian Insider on July 16 2011.

Categories
Economics

[2110] Of flawed institutions may be holding Malaysia back

Growth of six per cent of gross domestic product  per capita per year for the next eleven years. That, according to the Prime Minister, is the rate of growth that Malaysia requires in order for the country to achieve the much coveted developed status. There is no doubt economic growth is very much needed. Whether that rate is achievable is dependent on a number of factors and of them involves public institutions.[Erratum]

In the realm of growth, mainstream economic theory suggests that poorer countries can be expected to grow faster than richer countries and at some point, join the club of the rich. This phenomenon is called convergence and this is achieved through, largely technological progress and capital accumulation.

This theory has its shares of successes and failures. Japan, South Korean, Taiwan, Hong Kong and Singapore are proofs of the validity of this theory. To some extent, Malaysia and other so-called tiger economies that grew at magnificent rate in the 1980s and 1990s are proofs of how this growth theory may be true. Growth of China and India further lends credence to the theory.

Failure of this model comes in its incapability to explain why a majority of African countries and some others have yet to grow as fast as predicted by the model.

A number of explanations on why the theory fails to describe lack of further convergence and in fact, divergence among countries, have been put forth to supplement it. The one that I think is relevant for Malaysia at the moment is the stress on public institutions as one of the factors of growth.

When looking at countries that are failing to converge with richer countries, one of the noticeable factors is the lack of trustworthy institutions in these poor countries. The judiciary suffers from manipulation and is powerless to ensure application of rule of laws with equal weight to all of its citizens. With powerless judiciary and even meaningless enforcement system, abuse of power runs rampart. Individual rights, including rights to private property, meanwhile are frequently violated. A system that ensures smooth and peaceful transition of political power — which typically means free and fair elections — is largely absent.

Without trustworthy institutions, technological progress and capital accumulation are likely not to happen. Furthermore, the only likely source of economic growth — on aggregate and not in terms of per capita of course — is population growth.

None of such woefully inadequate institutions describes Malaysia thankfully. This Southeast Asian country certainly has much better institutions than countries that are still battling mass famine, witnessing extreme poverty and experiencing very unstable political environment that includes gunfights. Yet, it is not hard to hypothesize how the imperfection that scars public institutions in Malaysia is relevant in discussions involving economic growth.

While perhaps things have gotten slightly better, the general feeling in the past few years is that public institutions in Malaysia, be it the police, the courts or the civil service, do not command the confidence of many people. The separation of powers between the executive and the legislative arms of government, as seen in Perak for instance, is really non-existence. The V.K. Lingam case suggests that the separation between the executive and the judiciary is blurry. Even if that case is considered as a case of a lawyer that sounded like somebody, looked like somebody but it is not that somebody boasting and speaking only to himself and thus, of no consequence, the issues relating to the 1988 constitutional crisis still haunt Malaysia.

The flaws in Malaysian institutions put a natural limit in how much economic growth is possible. It would take more and more effort to maintain a certain rate of GDP per capita growth the higher the level of development of the country, given the level of institutional capacity of Malaysia. At some point, it becomes really expensive and hard to maintain that rate regardless how forceful the free market or the state runs the economic engine of growth, if the country’s institutions remain at a level not befitting of a developed country.

I suspect that this is the main reason why Malaysia is stuck in the so-called middle-income trap. Institutions matter. It may be imperfect institutions that prevent Malaysia from converging with richer countries like Singapore and South Korea or even western European countries, just as how really bad institutions prevent poor countries from moving forward at all.

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

A version of this article was first published in The Malaysian Insider on November 10 2009

Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved Mohd Hafiz Noor Shams. Some rights reserved

Erratum — I made a mistake by stating the Prime Minister said six per cent growth of GDP, instead of six per cent growth GDP per capita in the original article. I should not have relied on Bernama, which was sloppy in its reporting. It used growth of GDP and growth of GDP per capita as if the two concepts are synonymous and I simply relied on Bernama without corroborating it with the primary source, or by diversifying my sources:

PUTRAJAYA, Nov 9 (Bernama) — The government needs to redouble its efforts, identify new growth areas and ensure the nation maintains a six per cent annual Gross Domestic Product (GDP) growth from now to 2020 in order to achieve a developed status in 11 years, Datuk Seri Najib Tun Razak said here Monday. [Najib: Six Pct Annual GDP Growth Needed To Achieve Developed Nation Status. Bernama. November 9 2009]

Yet another article by Bernama

PUTRAJAYA: The government must redouble its efforts, identify new growth areas and ensure the nation maintains 6% annual GDP growth from now to 2020 in order to achieve a developed status in 11 years, said Datuk Seri Najib Razak.

The Prime Minister said on Monday, Nov 9 that measures to redouble the government’s efforts and identify new growth areas would be spelled out in the new economic model, expected to be launched by end of the year.

“The new economic model would provide a clear guideline on what needs to be done and obviously information, communications and TECHNOLOGY [] [ICT] would play a greater role in this,” he said after chairing the 21st Multimedia Super Corridor (MSC) Malaysia Implementation Council Meeting. This was the first meeting to be chaired by Najib after becoming the prime minister. [Najib: GDP must grow 6% yearly to be developed nation in 2020. Bernama via The Edge. November 9 2009]

My apologies.

Nevertheless, the idea on institutions is still valid. Hence, the removal of the following paragraphs. They were originally placed between the first and the second paragraph of the corrected version:

Yet, as a measurement of success, growth of six per cent of GDP per year and the application of industrial policy to achieve that in many ways are unsatisfying.

First off, the proper metric should be growth of GDP per capita. Malaysians who care for their own welfare should be more interested in improving their average standard of living rather than seeing the economy simply growing on aggregate. While it is true that having a large economy on aggregate makes a country more influential in terms of international diplomacy even when the wide population themselves in generally is poor — observe China and India — GDP growth alone is not particularly meaningful in measuring average well-being of individual Malaysians. To make concrete out of words, consider the following simple example: growth rate of GDP on aggregate could grow at a rate lower than population growth rate to make change of rate of GDP per capita negative; in even simpler terms, the economy could grow on aggregate but each person on average could be worse-off.

If aggregate GDP growth rate is the measure of success, and if I were the Prime Minister, my industrial policy would include encouraging Malaysians to multiply like rabbits by any means necessary and adopt a very, very liberal immigration policy, one which would solve the problem illegal immigrants that the Rudd government in Australia faces. Never mind the Malthusian scenario that may come, this policy would hit six percent growth of aggregate GDP sooner rather than later and then boldly go where no man has gone.

But I am no prime minister and I am not that crazy. I do not accept the aggregate GDP growth rate as a good metric. On top of that, I am a libertarian: I do not like industrial policy because it calls upon central planning policy that essentially runs on the assumption that government knows best.

Notwithstanding criticism leveled at the concept of GDP itself…