APPGM urges stronger structural reforms in Whistleblower protection law

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Civil society partners and experts working with APPGM on Integrity welcomed the proposed amendments to the Whistleblower Protection Act as timely but stressed they remain inadequate and need major improvements for lasting impact. - BERNAMA FILE PIX

The group stressed the importance of maintaining an open and inclusive reform process.

SHAH ALAM - Civil society groups and experts working with the All-Party Parliamentary Group Malaysia (APPGM) on Integrity, Governance and Anti-Corruption shared cautious optimism following the recent tabling of amendments to the Whistleblower Protection Act (WPA) 2010.

In a joint media statement, the group welcomed the move as both timely and important, but stressed that the proposed revisions remained insufficient and required significant improvements to guarantee meaningful and lasting protection for whistleblowers.

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The group raised six key points to highlight gaps in the current reform framework.

1. Interim committee cannot replace an ombudsman

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The partners stressed that the proposed interim committee must not become a permanent solution.

“An ombudsman must be introduced to replace the functions of the interim committee as per the commitment by the Deputy Minister in the Prime Minister’s Department (Law and Institutional Reform)

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“In the interim period, the committee must include independent civil society actors, legal and governance experts—not just government insiders and that appointments should be transparent and criteria-based,” the statement said.

2. Independent ombudsman is non-negotiable

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Echoing long-standing calls for institutional reform, the coalition emphasised that without an independent ombudsman, the WPA remains structurally weak.

They warned that the absence of this key body leaves whistleblower protections “vulnerable to selective enforcement and political interference.” The group demanded that the ombudsman be established without further delay.

3. Section 6 amendments must override conflicting laws

The partners voiced strong support for proposed amendments to Section 6 of the Act, saying it was essential for the WPA to override conflicting laws such as the Official Secrets Act and Section 203A of the Penal Code.

“Until this is clearly codified, whistleblowers remain at legal risk—defeating the purpose of the Act,” the statement read.

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4. Recognition of S11(1A) as positive step

They acknowledged the introduction of a new clause, Section 11(1A), as a constructive improvement.

“We welcome the inclusion of S11(1A) which states that notwithstanding S11(1)(a), the protection conferred to the whistleblower may be maintained by the enforcement agency,” they said.

The clause grants agencies discretionary powers to maintain protection based on investigation findings, which the group saw as a step in the right direction.

5. Multi-stakeholder process must be preserved

The group stressed the importance of maintaining an open and inclusive reform process.

“The WPA amendments are the result of years of multi-stakeholder engagement. The reform process must remain open, inclusive and guided by evidence and international best practice.

“We caution against any regression to closed-door policymaking,” they warned.

6. Bipartisan support is critical

In closing, the partners reaffirmed their commitment to upholding integrity and transparency.

“Real reform requires more than technical adjustments—it requires legal clarity, structural safeguards and institutional courage,” they said.

They also expressed readiness to work with the government to ensure a robust whistleblower protection framework and praised Members of Parliament who had championed these reforms.

“We also commend the MPs raising these issues in Parliament today and urge continued leadership in seeing these reforms through,” the statement said.