THE CSO Platform for Reform expresses deep concern over the recent announcement by Home Minister Saifuddin Nasution Ismail regarding the appointment of new members to the Independent Police Conduct Commission (IPCC). While recognising the importance of an independent body to monitor police integrity, we find certain aspects of the appointment process troubling.
Firstly, the lack of diversity among the appointed commission members is disconcerting. A national body overlooking police conduct cannot solely include former officers of the government, as it presents a clear pattern of conflict or perceived conflict – as we have seen with other purportedly independent bodies such as MACC, SPR, Suhakam, etc.
The appointment of individuals with a background in law enforcement or government agencies raises questions about the commission’s independence. While such expertise can be valuable, achieving a balance by including members from diverse professional backgrounds – such as legal experts, civil society representatives, and human rights advocates – is essential to ensuring a more unbiased and inclusive approach.
As police misconduct is ultimately a matter of public safety and confidence, the appointment process for the committee overseeing it should be governed with transparency as a guiding principle.
As such, we call for a comprehensive disclosure of the criteria used in member selection, including their qualifications and the rationale behind each appointment. Such transparency is vital to dispel any perception of favouritism or bias in the selection process and to assure the public of the commission’s integrity.
Best practices are observed in other countries, such as the United Kingdom, which adopted the Independent Office for Police Conduct and Canada’s Independent Investigations Office, which includes independent watchdogs to oversee the matter.
This will highlight the significance of diversity and transparency in similar oversight bodies. Many successful models incorporate a broad range of expertise and backgrounds, fostering public trust and confidence in the institution’s ability to address complaints fairly.
Additionally, involving civil society organisations in the appointment process is paramount to providing public accountability through open discourse. This will ultimately provide an extra layer of scrutiny and ensure a more balanced representation.
The CSO Platform for Reform strongly recommends a thorough and inclusive consultation process with relevant stakeholders, including civil society organisations, to guarantee that the commission genuinely reflects the interests of the public it serves.
We urge the authorities to adopt a more inclusive approach in future appointments, ensuring that the commission represents the diverse perspectives and experiences within our society. This not only enhances the commission’s credibility but also strengthens public trust in its ability to impartially address complaints.
In March 2023, CSO Platform for Reform released the 100 Days of the Unity Government report, and concerns have been raised that the IPCC does not have sufficient investigative and enforcement powers; hence, it is already a lower standard than the Independent Police Complaint and Misconduct Commission that the civil society has been advocating for.
The government must also conduct due diligence and effort in making IPCC compliant with international standards, all the more so when the appointment of commissioners must be at the very highest levels.
We believe that incorporating these best practices will enhance the Independent Police Conduct Commission’s effectiveness in fulfilling its mandate and upholding the principles of justice and accountability. – January 16, 2024
The CSO Platform for Reform is a coalition of more than 60 CSOs based in Malaysia, focusing on institutional reforms