THE establishment of the Independent Police Complaints and Misconduct Commission (IPCMC) is attracting concern from certain quarters who believe that it would infringe on the independence and smooth functioning of the police force.

The Retired Senior Police Officers Association of Malaysia is of the view that the police force does not need an outside body to be in charge of disciplinary matters.

The current IGP, however, supports the formation of the IPCMC, a police oversight body first proposed by the Royal Commission of Inquiry (RCI) to improve the police force in 2005, following a spate of deaths in custody.

Having an internal unit, the Integrity and Standard Compliance Department (JIPS), to investigate disciplinary and other infringements will not suffice as transparency will be a challenge. Some may recall the infamous “black eye” incident at Bukit Aman and the results of the internal investigation.

The MACC Act 2009 embodied the setting up of, among others, the Disciplinary Review Committee. It was headed by a retired Court of Appeal judge to, as the name suggests, investigate and act upon complaints from the public on the Malaysian Anti-Corruption Commission (MACC). Like any police force, the MACC is also an institution which is regimented and based on a chain of command and control.

The contention that the IPCMC would jeopardise the powers of the IGP in issuing orders and meting out disciplinary actions is both far-fetched and alarmist. Is the police a force unto itself and cannot be held to accepted standards of accountability?

The current crop and retired top brass should appreciate that the operating landscape has changed and the force has to move with the times. What is of greater magnitude in this episode is that the setting-up of the IPCMC was also one of the pledges in Pakatan Harapan’s manifesto for the 14th General Election.

In late September 2018, Prime Minister Tun Dr Mahathir Mohamad said the IPCMC would replace the Enforcement Agency Integrity Commission (EAIC), and would act as an independent body to look into police complaints more holistically.

Now the tone appears to have shifted to getting the views of, and engagement with, the stakeholders. This is a regressive stance.

Come its first year anniversary, it appears that there has been some backing down on fundamental issues of integrity, accountability and good governance, the core tenets on which the 14th General Election was won.

Surely these do not have a financial parameter (the touted abysmal state of the country’s finances has been provided as the excuse for not living up to certain pledges).

On a number of issues that do not involve a financial element, including the setting-up of the IPCMC, there has been a lot of shameless inaction and lethargy. These include, as noted by observers, the government’s failure to reform repressive laws such as the Sedition Act 1948, Communications and Multimedia Act 1998, Printing Presses and Publication Act 1984 and the Peaceful Assembly Act 2012.

Coupled with the back downs on the International Convention on Elimination of All Forms of Racial Discrimination (Icerd) and Rome Statute of the International Criminal Court, this calls into question the resolve of the administration.

Have we the raykat as “employers” engaged the services of the correct cohort of workers as “employees” to further our agenda on the pledges that were laid bare for all to vote on?

It is incorrect to conclude rather simplistically that the current administration’s efforts to root out corruption have turned some people, including civil servants, against Pakatan. One has to appreciate that the frustration emanates not so much from corruption but the instances as stated.

The setting-up of the IPCMC should be seen in the wider context of good governance. The country will not be financially strained. However, we face the danger of being deemed morally bankrupt if there is another “backing down”.

While the current performance of the Cabinet has been accorded a rating of 5, presumably out of 10, by the Prime Minister, it must be remembered that the rakyat is looking in totality at their performance to date.

At the end of the day, the common man holds the right to replace incompetence and deteriorating moral fibre. On the anniversary of the first year of the Pakatan government, caution and reading the sentiment of the man in the street correctly cannot be overstated.

Source : Thestar

Date : 08/05/2019