Good Governance and More: A Point of View

by Ibrahim Yaccob¹
Kuala Lumpur

 

The Malaysian public is curious to know whether Dato Seri Anwar can form a viable alternative government in collaboration with PAS and DAP, given their different political orientations and the personalities involved. There is a lingering doubt that he will not be able to “pull it off”.

My honest answer is yes, he can do it, while recognising that it is going to be a monumental task, given the rot in the state of Malaysia. But Dato Seri Anwar has the experience of being in the Government for 16 years. He has learned from his mistakes and is now determined to lead Malaysia to a better future with justice for all.

Cooperation and collaboration between these political parties, which are at this moment riding on the crest of popular support, are absolutely vital. I am pleased to note that the recent agreement between PKR and DAP over the allocation of seats in Penang, and the ongoing strong collaboration between PKR and PAS are signs of what is possible when their leaders share a common purpose, which is premised on the concept of “justice for all” and on the principles of good governance with democracy as its underpining.

PKR, PAS and DAP leaders are now beginning to hear our calls for responsible and people centered government, not one which has been running our country over the last 50 years only for the benefit of their families, friends and business cronies. They are committed to usher in an era of responsible politics and to put back social justice and economic performance back on the national agenda.

What that means is that all these parties are bound together in the pursuit of what is now in vogue around the world : “democratic governance”. That is high sounding. Indeed it is. But what is means basically is putting democracy to work.

Democracy, according to Massimo Tommasoli² “goes beyond the rule of law and the protection of human rights; and it means more than good governance and the effective management of public resources. Democracy is about the use of power and the management of conflict. It requires a set of political institutions and processes based on the principles of popular control over public decisions and decision makers and equality of respect and voice between citizens in the exercise of that control”.

This task of making democratic governance in Malaysia belongs to Malaysians, our civil society institutions, free media (now very much under UMNO-BN regime control), professional bodies and religious groups as well as our civil service (now too timid to matter), and related institutions and political parties.

My belief that the alternative government led by Dato Seri Anwar Ibrahim will be able to create a climate of participation, representation, accountability and transparency in which government represents, listens and responds to Malaysians. It means an end to a culture of impunity led by a kleptocracy of corrupt and self serving politicians in the Barisan Nasional government dominated by UMNO. This is the challenge which the leaders of PKR, PAS and DAP and their supporters have taken upon themselves. This is the basis of their cooperaton and collaboration. Their mission is to replace the present regime and restore the voice of the people in politics and governance.

The alternative must, therefore, be a Government to serve all Malaysians. As far as “talents” are concerned, Malaysia is not short of very talented people within and outside the political parties. One does not have to be an elected representative to be a Minister. What is needed are dedicated people (including professionals, academician and technocrats) who are the “crème de la crème” of Malaysian society and people who are willing to put their country before self in all aspects to form the next government of our country. Dato Seri Anwar has the network to make this possible.

Malaysia must return to the days when there were distinct and definite boundaries between Parliament, the Executive and the Judiciary with an administrative branch of government to ensure that there are checks and balances in implementing a truly Malaysian Economic and Social Agenda. We cannot perpetuate this idea of a “one man who knows all” rule that had characterised our national administration over the past 2 decades or so.

We must strive for excellence, not just talk about “gemilang, cemerlang dan terbilang”. There is no reason why Malaysia cannot recapture the glory days when our Judiciary and Civil Service were held in high regard as among the best in Asia.

There must be clear separation powers. The Parliament is elected by the people in a free and fair elections—no fraud and gerrymandering—and responsible for passing just laws which will be in accord with our supreme law, the Federal Constitution. It must scrutinize and debate laws and plans put forward by the Executive, not just act as a rubber stamp.The Executive, headed by the Prime Minister, should be responsible for formulating policies and designing programmes and must be held to account by Parliament. In fact, the Prime Minister himself should be mandated to appear before Parliament to from time to time report on the affairs of state.

The Judiciary must be independent and free from political interference. Our judges should be chosen on the basis of merit, their expert understanding of the law, and for their character and integrity. Their credentials and promotion must be subject to scrutiny by a judicial commission.

Last but certainly not least, the Malaysian civil service must cease to function as an subservient appendage of the Executive Branch. It should be open to all Malaysians with the requisite qualifications who are to be selected strictly on merit, and must be protected by a truly independent Public Services Commisssion. The powers of the Chief Secretary to the Government must also be subject to oversight by the said Commission. In this way, the existing cronyism in the civil service will be eliminated, and the morale of hard working, competent and honest civil servants (and they are our unsung heroes who keep the engine of government functioning today) can be restored.

The general landscape of Malaysian politics changed with the start of the Mahathir regime some two and a half decades ago (1981). Tun Dr. Mahathir amended the Federal Constitution and made a mockery of the rule of law so that he can subject our country to his whims and fancies and jaded dreams. He destroyed institutions and removed people who did not dance to his tune. His justification, he once said, was that he needed power to get things done. Yes, but in his own way. With weak leader now in charge, the one man rule structure collapsed.

Under a system of democratic governance, a government which does not perform is voted out of office and corrupt leaders are held to account according to the law. Furthermore, the present climate of fear and intimidation has no place in a truly democratic state.

It is important to remind ourselves as citizens that we cannot stand back and be indifferent observers of what is happening in the way politicians run our country and use of our resources. Otherwise, we deserve all things we are getting now—corruption, abuse of power and sheer incompetence. We must reinvent government.

In order to reinvent government, I wish to suggest firstly that we recognise there is a difference between government and governance. Governance consists of all the processes, rules and institutions that enable the totality of affairs of state to be managed and controlled. At its broadest, govenance includes governmental and non-governmental bodies including the market, NGOs, for profit institutions (private and public listed companies), networks and associations (trade union and chambers of commerce and trade associations) social, advocacy and pressure groups. Only government has legitimate authority, exercise coercive powers and create formal obligations for citizens. But democratic government is of the people, by the people and for the people. But it governs with the consent of the people.

Secondly, governments must shift away from being operational agencies to being regulatory authorities. By this I mean that the state should regulate, facilitate, and create an ennabling government that fosters economic and social development and powers citizenry while not stifling private initiative or entrepreneurship, a point which my colleague, Din Merican, never ceases to emphasize in his discussion with me. Citizens must be allowed to retain the power to manage and shape their own communities. Governments have no business to be in business. Entrepreneurship is the way of the future.

The third point I wish to make is that the government should constantly explore the best feasible means to achieve its social and economic goals, which are, in our country, outlined in successive Malaysian Development Plans—we are now into the 9^th MDP. Orderly governance requires a multi-sectoral approach as in a tripartite and shared endeavour between the government, the market and civil society, each with its own capabilities and capacities. The role of government as a guarantor of social justice, however, remains in a democratic society in the hands of elected representatives.

Finally, given the complexities of managing society, government must learn to build network of capacities. The old style “silo” with its bureaucratic structures no longer fits the needs of societies and is being replaced by an interlinked network of agencies within the government, often connected to civil society institutions and the market. There is, therefore, no such a thing as an “all-smart government”, or a brilliant and all knowing strong man in the Executive Branch. If we ignore this, as we have done in the past 25 years, we do so at our own peril.

I am confident that the coalition of PKR, PAS and DAP can function effectively under the leadership of Dato Seri Anwar Ibrahim. The objectives of all these parties when they form the next government are the same. They all want and will work towards a responsive and people focused democratic governance for Malaysia where we can have strong economic growth and distributive justice. The key is greater transparency and accountability in the running of the affairs of Malaysia.

___________

1 I am grateful to Din Merican, my colleague and PKR’s Program Director, for his critical comments and editorial assistance. The views expressed here are strictly my own and do not implicate him, athough I suspect we have some convergence of views on good democratic governance.

2 “Representative Democracy and Capacity Development for Responsible Politics” by Massimo Tommasoli in Public Administration and Democratic Governance: Governments Serving Citizens (New York: United Nations, 2007)