We, the undersigned 18 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 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 Strategic Lawsuit Against Public Participation, known as Slapps, 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 everyone in Malaysia.
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 that the composition of the board of directors – all appointed by the minister – includes representatives from employers, the government, the Ministry of Human Resources, the Ministry of Finance and the chief executive.
The investment panel, as stipulated by the Act, must include representatives from these same ministries and the central bank, Bank Negara.
Since 2017, however, there has been no representative from Bank Negara 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.
- Sign up for Aliran's free daily email updates or weekly newsletters or both
- Make a one-off donation to Persatuan Aliran Kesedaran Negara, CIMB a/c 8004240948
- Make a regular pledge or periodic auto-donation to Aliran
- Become an Aliran member
The human resources minister and finance minister, 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 arise from reports that the PAC revealed misuse of funds, such as the Gerak Insan Gemilang (GIG) scheme under HRD Corp, which cost RM51.7m 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. 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 the PAC, however, should take precedence unless officially revised.
The minister referred the matter to the Malaysian Anti-Corruption Commission, 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 the PAC should fall under the ministry’s 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.
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, Steven Sim, the minister responsible for HRD Corp, on 17 July was reported as saying that he has instructed the withdrawal of the threat of legal action against The Edge Communications Sdn Bhd 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 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 the courts and potential threats of a lawsuit to intimidate people who are exercising their rights.
Charles Hector and Ng Yap Hwa issued this statement on behalf of the 18 groups listed below:
- Aliran
- Malaysians Against Death Penalty and Torture (Madpet)
- Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
- Centre for Orang Asli Concerns (COAC)
- Cambodian League for the Promotion & Defense of Human Rights (Licadho)
- Haiti Action Committee
- 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)
- Tegakkan maruah serta kualiti kehidupan rakyat
- Galakkan pembangunan saksama, lestari serta tangani krisis alam sekitar
- Raikan kerencaman dan keterangkuman
- Selamatkan demokrasi dan angkatkan keluhuran undang-undang
- Lawan rasuah dan kronisme
