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Push for Ombudsperson for justice, equality

What on earth has this country turned to now after our forefathers toiled for this sacred land for equality, diversity, common goals and ambitions? What will happen to the present and future generations when politicians past and present know only how to put up false hopes, plans, and slogans and solidify their positions as to demystify the truth of democracy?

I am sure many Malaysians will be sceptical of this letter when I say, let us set up an independent body like an Ombudsman because most Malaysians will argue that the ruling party is too powerful and the opposition is too weak and engrossed in their battles among themselves.

But wake up, everyone! Are we saying that we are too on dependent on our political masters and are just waiting for that day when changes can be made? A week, a month, a year, 10 years?

Why can't we, dear citizens, petition the lawmakers, the private and public sectors, the NGOs and everyone to go for an open debate and a referendum nationwide to champion the cause of an independent Ombudsman ?

Let us bring forth this idea of an independent Ombudsman sooner or later. The Ombudsman is an official body appointed to address complaints and initiate remedies against public policies considered to be ineffective in meeting the aspirations of the people in meeting the crucial demand for political stability in the country

Today, an Ombudsperson addresses concerns (such as administrative abuse or mal-administration) that citizens or groups have about organisations or bureaucracies. In these situations, the ombudsperson acts as an impartial mediator between the two parties, providing a less threatening type of dispute resolution.

The Ombudsperson reduces friction between citizens and the government. The ombudsperson must be viewed as trustworthy and neutral; the process will not work if one party believes that the ombudsperson is taking sides.

The Ombudsperson is bound by the oath of the Ombudsman's Association which requires neutrality and confidentiality, requirements that are necessary to create a trust between the persons involved in a dispute and the ombudsperson.

The power of the Ombudsperson lies in his ability to investigate complaints of wrongdoing and then notify the public or the relevant government agencies, or both, of the findings. However, an ombudsperson cannot change or make laws, enforce any recommendation, or change administrative actions or decisions unless the Malaysian constitution is changed to enable the ombudsperson to take his/her investigation to the highest level.

At the government level, the ombudsperson is appointed by the legislature of the state in which she serves. The ombudsperson typically has some law training, although a law degree is not required and she must be free of any political loyalties because of the neutrality the job requires.

The goal of the ombudsperson is to assist the communication between the public and the government and help create solutions to problems that arise between the two parties, rather than punishing the wrongdoer. These solutions are aimed at reducing the possibility of similar problems in the future.

Friction between the public and government often can be attributed to the way laws or legislative policies are enforced. In these cases, the ombudsperson can try to reduce the friction by finding a more satisfactory method of carrying out the law.

For example, even though police officers may legally enter a workplace to arrest an employee on charges of a crime, this practice can embarrass the employee and threaten her job, even if the charges are later dropped. In this situation, the ombudsperson would most likely confer with the police department to see if arrests for non-felonies could be made safely outside the workplace.

An ombudsperson works with employees and management by reviewing management decisions and intervening in employee-employee and employee-management disputes. Generally, the methods the ombudsperson may use include responsive listening, investigation, mediation, direct resolution, and upward feedback to management.

Question: How do we make make the Ombudsperson independent, legally binding (it depends on the aspect of the law in the interest for all parties), free from manipulation of all sorts and transparent in making it work for everyone regardless of creed, colour, religion, individual and organization?

Suggested answers:

1. The Ombudsperson, like any other watchdog body, cannot function effectively without the necessary institutional capacity and resources, nor can it deliver without financial and operational independence free from political or administrative interference, influence, fear or favour. This is where the public here can moot ideas to encourage criticism, transparency and involvement.

2. The people employed by the Ombudsperson’s office will have to be neutral in their undertakings and they can be from various layers of societies. They can be Malaysians or eligible foreigners employed in different tasks and management levels.

3. The Ombudsperson will setup a ‘People's Council’ through which the public can raise questions, comments and ideas to the Ombudsperson. Anyone can participate in this council and the Ombudsperson will be answerable to the public in terms of its spending, legal powers, decisions made and problems that arise.

4. The Ombudsperson can only function if politicians, the private sector, the civil servants, the NGOs, the OKUs (the disabled), the SMEs and the Malaysian public are willing to sacrifice something to make Malaysia a true role model for functionality across all aspects of life.

So everyone, let's us move forward to start the ball rolling for an independent Ombudsperson.

Let us mobilise this fruitful idea for an independent Ombudsperson for justice, equality and for the future of this beloved nation.

The writer can be contacted at [email protected].


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