LETTER | We, the undersigned 19 organisations and groups, are appalled that the Human Resource Development Corp (HRD Corp) has threatened legal action against The Edge Communications Sdn Bhd and one of its writers for alleged defamation.
This pertains to their reporting on the findings of the Public Accounts Committee (PAC) and the auditor-general regarding the agency. The articles in question were titled: “PAC flags dubious property deals by HRD Corp” and “Frankly speaking: Total breach of governance at HRD Corp”.
This action can reasonably be considered a Slapp (Strategic Lawsuit Against Public Participation), which aims to intimidate the media and deter them from fulfilling their duty of reporting on issues of public concern.
It also serves as an attempt to stifle public participation and discussion on a matter of national interest affecting all Malaysians.
HRD Corp was established under the Pembangunan Sumber Manusia Berhad Act 2001.
Section 3 of the Act states that the corporation’s primary objective is the imposition and collection of a human resources development levy to promote the training and development of employees, apprentices, and trainees, as well as the establishment and administration of the fund.
The human resources minister, currently Steven Sim, is responsible for HRD Corp.
The Act states the composition of the board of directors, all appointed by the minister, including representatives from employers, the government, the Human Resources Ministry, the Finance Ministry, and the chief executive.
The investment panel, as stipulated by the Act, must include representatives from these same ministries and Bank Negara Malaysia (BNM).
Since 2017, however, there has been no representative from BNM in the investment panel, a violation of the Act. This absence renders all actions and decisions of the investment panel invalid. Consequently, any decisions or actions by the board and/or HRD Corp relying on the investment panel are also invalid.
HR, finance ministers must be accountable
The human resources and finance ministers, who should be aware of this breach, must be held accountable. The Act specifies that the minister appoints the officer-in-charge and other authorised officers responsible for ensuring that HRD Corp operates in accordance with the law.
Further concerns arose from reports in which PAC revealed misuse of funds, such as the Gerak Insan Gemilang (GIG) scheme under HRD Corp, which cost RM51.69 million and was attended multiple times by 3,727 participants, with some attending up to 16 times. This suggests an abuse of funds meant for the benefit of all workers, not just a select few.
While a normal company can act as its shareholders please, a statutory body like HRD Corp must adhere to the Pembangunan Sumber Manusia Berhad Act 2001. It is disconcerting that these issues were not highlighted by the human resources minister but by the auditor-general and the PAC.
Despite the findings, the minister and HRD Corp are disputing the results and suggesting an independent audit. The findings of the auditor-general and PAC, however, should take precedence unless officially revised.
The minister referred the matter to the MACC, but the MACC’s jurisdiction is limited to investigating crimes under its purview. Issues of statutory non-compliance and the distribution of HRD training benefits highlighted by PAC should fall under the ministry or Parliament’s responsibility.
Despite these serious issues, there has been no suspension or removal of the chief executive, board members, or investment panel members of HRD Corp. Their continued presence poses a risk of evidence tampering or destruction.
Unacceptable for HRD Corp to sue media
It is crucial to recognise that the media brought these issues to light. Therefore, it is unacceptable for HRD Corp, with or without the human resources minister’s approval, to threaten the media with defamation suits.
In this case, Minister Sim, responsible for HRD Corp, on July 17 was reported as saying that he had instructed the withdrawal of the threat of legal action against The Edge and its journalist. The withdrawal is good, but victims are entitled to an apology and an appropriate remedy.
We, the undersigned groups, call on all parties, including the government, government agencies and government-linked corporations to never again resort to threats or the use of Slapp suits against the media, journalists, and/or human rights defenders.
Freedom of expression, opinion and the right to fight for one’s rights must never be stifled. Public discourse and scrutiny should never be stifled.
We call on Malaysia to enact anti-Slapp laws to provide a remedy to Slapp suits. Anti-Slapp laws are intended to prevent people from using courts, and potential threats of a lawsuit, to intimidate people who are exercising their rights.
Signed by:
Aliran
Madpet (Malaysians Against Death Penalty and Torture)
Borneo’s Plight in Malaysia Foundation (Bopimafo)
Centre for Orang Asli Concerns (Coac)
Cambodian League for the Promotion & Defence of Human Rights (Licadho)
Haiti Action Committee
The Institute for Democracy and Economic Affairs (Ideas)
Labour Solidarity and Learning Resource Association (LLRC)
Malaysian Action For Justice and Unity (Maju)
North-South Initiative (NSI)
Parti Rakyat Malaysia (PRM)
Payday Men’s Network, UK/US
Persatuan Sahabat Wanita Selangor (PSWS)
Sabah Timber Industry Employees’ Union (STIEU)
Sarawak Dayak Iban Association (Sadia)
Saya Anak Bangsa Malaysia (SABM)
Singapore Anti Death Penalty Committee (SADPC)
Workers Hub For Change (WH4C)
Kuala Lumpur and Selangor Chinese Assembly Hall (KLSCAH) Youth
CHARLES HECTOR is a spokesperson for the group Malaysians Against Death Penalty and Torture (Madpet).
NG YAP HWA is the assistant secretary of the Labour Solidarity and Learning Resource Association (LLRC).
The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.
