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Landscape Architects Professional Code of Ethics

Assoc Professor Dr Kamarul Bahrain Shuib, ILAM

kamarulshuib@yahoo.com

Introduction

This paper traces the historical development of landscape architecture and its professional body
named ILAM in Malaysia. It also covers the code of ethics for professional landscape architects. It
concludes with a discussion to guide Landscape Architects on how to ethically conduct their
professional practices and services.

History of ILAM

At the end of the 70s and early 80s Malaysia has witnessed an economic expansion in development
planning where there had been a tremendous spatial growth especially in new towns and regions with
the implementation of the Town and Country Planning Act 1976 (Malaysian Government, 2012a).
Under the Act, landscape planning is given greater emphasis where town and country must be planned
according to the principles of sustainable development.

The profession of landscape architecture achieved formal grouping status on 24th of September 1981
through a registration that was approved under section 7 of the Societys Act 1966 (Malaysian
Government, 2012b). The person who was responsible for the establishment of a local landscape
society is Pak Darwin Chaniago, an Indonesian landscape architect employed by the Federal Town
and Country Planning Department, Peninsular Malaysia. Apart from designing the landscape for the
Department he was also consulted to plan and design the landscape of DARA in Pahang, one of the
regional development authorities in the country. His book written with Mohd Saufi Hj Abdullah
called the Popular Roadside Trees of Malaysia (1980) had probably been one of the reasons that had
influenced him to form a Malaysian landscape association.

The society he help established was originally called the Angkatan Landskap Arkitek Malaysia or
ALAM. It consisted of just 9 pioneer members in its founding year. It was said that membership of
the association included planning officers, students and even a gardener! In 1982 it has increased to
13 and by the middle of 1985 it had reached to 26. The idea for the establishment of ALAM was
probably just to get like-minded persons into a common cause that was to discuss central issues
affecting landscape design in the planning field.

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When Darwin left after his contract had expired in 1985, Yang Berbahagia Dato' (Dr) Haji Mohamed
Ishak bin Haji Mohamed Ariff, the newly appointed Director General of the Department of Town and
County Planning assumed the leadership role of ALAM. He was trained as a town planner and
landscape architect both of which were obtained in England. Driven by a strong believe that landscape
architecture has a role to play in the national physical planning development, Dato Mohamed Ishak
had taken notice of the importance of having a good professional body representing landscape
architecture in Malaysia.

He did plan for several changes to the landscape society. One of them was to freeze the membership
application process because he wanted to focus on making the association a full-fledged landscape
professional body. Another was aimed at looking into formulating a university landscape curriculum
in the country. It was also during this early period of ALAM foundation that Malaysia had witnessed
the changed in the political leadership when YAB Tun Dr Mahathir bin Mohamad became the third
Prime Minister of Malaysia in 1982.

Between the period of 1985 and 1992 of his presidency, Dato Mohamed Ishak had made a significant
progress in making changes to the association. First, by 1986, ALAM had managed to increase its
membership to 34. People who had joined ALAM at the time were Malaysians that were trained
overseas. There were no local university that offered a degree in landscape architecture. The author
for example had to spend three years in the US to study the Bachelor degree in landscape architecture
between 1983 and 1985. The same year also saw the Vice-President of ALAM Assoc Prof Kamariyah
Kamsah had successfully convinced ITM (now UiTM) to run the countrys first diploma-level
program named the Diploma in Landscape Design (Diploma Seni Rupabumi).

Second, the president had proposed for a name change in 1987. The reason for this was because he
thought that the name ALAM did not reflect a professional body due to its similarity with a local
maritime agency and other organisation. On 14 December 1987 the Angkatan Landskap Arkitek
Malaysia (ALAM) was officially changed to Institut Landskap Arkitek Malaysia or ILAM under the
Selangor Registrar of Society of the Society Act 1966, Rules of Societies 1984 (Suhardi, 2011).

Third, according to ILAM records (Suhardi, 2011) the president had made changes to its constitution
on membership to tighten the terms and conditions of its membership qualification. This amendment
to the constitution was approved by the Selangor Registrar of Society on 18 December 1987. The
objective of this amendament was to bring professionalism to the Institute. During the process of
cleaning the Institute to instil qualified membership and good ethics, application for membership had
been defered. Again the author himself had experienced this situation where his application for
membership was on hold from 1987 to 1989.

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With this approval on the changes, ILAM had made a dramatic but constitutional move during its
1989/1990 Annual General Meeting (AGM) to remove 15 members off its membership list. Those
who were taken off the list were members who did not pay dues for many years, non-degree holders
of landscape architecture and members who were no longer interested to attend meetings that was
organised by ILAM. Even though this decision would affect the numbers of the current membership,
the General Meetings decision was made to uphold the aim and integrity of the Institute. The author
had attended this meeting immediately after he was granted approval of membership. This AGM was
also the time where he had received the corporate membership certificate by the president, YBhg
Dato Mohamed Ishak at the Federal Town and Country Planning Departments Office.

Fourth, in 1992, ILAM had made a small amendment to its constitution. The acronym name of ILAM
had been changed to I.L.A Malaysia. During the period of 1992-1993 there was a competition for a
new I.L.A. Malaysia logo. The winner logo is the current one with the green letter ILA and the word
MALAYSIA in black and had a red dot on top of the word ila. That year also saw an addition to the
membership categories through an Extraordinary General Meeting (EGM) on 29th February 1992.

Through the years of leading I.L.A. Malaysia Y.Bhg Dato Mohamed Ishak had always put the
profession first above his job as the Director General of the Town and Country Planning Department.
Despite his multiple positions in various capacities like the President of BIM, he had managed to
spearhead I.L.A. Malaysia through his great leadership skills in government and administration. His
influential and charasmatic qualities had brought benefits to I.L.A.Malaysia even after his post-
president period such as the appointment of Prime Minister Tun Dr Mahathir Mohamad as the first
honorary member of the Institute. It must be pointed out that Tun Dr Mahathir is the proponent of
landscape architecture in Malaysia where he had launched his idea of landscaping the nation on the
3th of March 1997 (Shuib, 1997).

Activities and Achievement

I.L.A. Malaysias track record can be traced back as early as its establishment. During the helm of Pak
Darwin, I.L.A Malaysia had been accepted as a member of the Balai Ikhtisas Malaysia (BIM) on the
22nd of April 1982 (Landskap Buletin, 2011). At the international front, the society had joined the
International Federation of Landscape Architects (IFLA) in 1984. During the same period, the
Institute has been accepted into the International Union for the Conservation of Nature (IUCN).

Much of the success of ILAM could be seen during the leadership of YBhg Dato Mohamed Ishak.
The cooperation with other allied professionals was initiated for example with the Malaysian Institute
of Planners (MIP). I.L.A Malaysia had also successfully organised important seminars like "An Urban
Landscape Architecture" in 1989, and an involvement with and attending to national and international
conferences and exhibitions.

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In 1990, the landscape architect profession had achieved government recognition where the Public
Services Department (JPA) had finally approved the formation of the scheme of service for landscape
architect in the government sector. The year also witnessed the formation of a new Division in the
Federal Department of Town and Country Planning. This Division is called The Public Parks
Research and Coordination Division. It was specially created by the Prime Minister of Malaysia Tun
Dr Mahathir Mohamad with the proposal by ILAM President, Dato Mohamed Ishak.

There are many more activities where ILAM had been involved with either working with the
government or with other NGOs. Members of the Institute had for many years helped shaped the
National Landscape Policy, the Draft Landscape Architect Bill and the Accreditation of universities
curriculum.

ILAM Current and Past Presidents

In 2011, ILAM is 30 years old. The Institute had celebrated its 30th Anniversary. For the past 30
years, all of the presidents have played an important role to inspire members and to find ways to bring
ILAM at par with other design professionals in Malaysia and beyond. Below are the list of presidents
and a brief description about them:

Darwin Chaniago (1981-1985)

A landscape architect from Indonesia and a graduate of Harvard MLA. Contracted by the government
to help plan and design the landscape in new towns and regions. Formed ALAM in what would later
become the landscape architects professional body in Malaysia.

Dato (Dr) Mohamed Ishak Mohamed Ariff (1985-1992)

A government officer who was trained at the University of Newcastle Upon Tyne in England. Has
many years of experience in government and corporate sectors. A landscape architect that became the
Director General of the Town and Country Planning Department. Has a good sense of humour with
leadership qualities.

Tuan Haji Fauzi Abu Bakar (1992-1996)

He owned a landscape design firm. Graduated with a degree from Arizona State University. He has a
good communication skills.

Dato Ismail Ngah (1996-2000)

A government officer under Dato Mohamed Ishak while in the Town and Country Planning
Department. Has held the posts of the Sec Gen and Vice President. Graduated from Sheffield
University with a Master in Landscape Design.
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Datuk Shahoran Johan Ariffin (2000-2004)

A government officer also under Dato Mohamed Ishak while in the Town and Country Planning
Department. Has held the posts of the Sec Gen and Vice President. Graduated from Australias
Queensland University of Technology. A thoughtful speaker and has a wisdom.

Prof Dr Mustapa Kamal Mohd Shariff (2004-2006)

The first academician to hold the highest post in ILAM. A graduate of Colorado State University,
very good in writing his thoughts. The former dean of UPMs Faculty of Design and Architecture.

Dato Ismail Ngah (2006-2010)

He was again elected to hold the top post of ILAM. A very humble person and has his heart in the
profession.

Mohd Fadrillah Hj Mohd Taib (2010-2012) current term.

Owner of Morphosis Design Sdn Bhd. A graduate of UiTM and has a Degree in Landscape
Architecture. Very active in ILAM.

ILAM Objective

According to I.L.A.Malaysia official website (2012), the Institute has outlined the following
objectives:

To promote the development of landscape architecture in Malaysia in all aspect of its planning,
design, implementation and management.

To seek the enlistment of all local landscape architecture so as to fully develop their
professionalism.

To uphold and direct the privileges of all members as well as to protect their rights and
responsibilities.

To provide for the advancement of landscape architectural education and to assist institutes of
higher learning

To develop and improve the universities curricula

To assist government agencies to meet the needs for the service of qualified landscape architects
that are registered as members.

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To acknowledge and accredit landscape architectural works which are of high quality for the
benefits of society at large especially in the efforts to develop and improve urban spaces, children
playgrounds and environmental projects in general.

To create and develop social awareness and understanding towards functional and the paramount
needs of planning for the betterment of the quality of human life especially in congested urban
areas so that the people can experience environmental beauty and aesthetics and the ameliorate
and tension.

To protect, develop and uphold the privileges, status and integrity of all aspect of members of
good standing.

and to assist and guide members in their professional tasks and responsibilities so as to satisfy
both the clients and the employers who use their services in all development and so that the
results of their works can be experienced and enjoyed by society hence the quality of Malaysian
society can be improved.

Definition of Code of Ethics

According to wisegeek.com the code of ethics is a set of guidelines which are designed to set out
acceptable behaviors for members of a particular group, association, or profession.

Many organizations govern themselves with a code of ethics, especially when they handle sensitive
issues like investments, health care, or interactions with other cultures. In addition to setting a
professional standard, a code of ethics can also increase confidence in an organization by showing
outsiders that members of the organization are committed to following basic ethical guidelines in the
course of doing their work (www.wisegeek.com).

Faithful Discharge of Responsibility

A. Code of Professional Conduct

A member shall at all times, further the welfare and advancement of the profession by striving to
the highest level of professional services.

A member shall avoid even the appearance of improper professional conduct.

A member shall exert every effort towards the preservation and protection of our natural resources
and towards the understanding the interaction of the economic all social system with these
resources.

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A member shall upward his/her social and environmental responsibility to reconcile the public
needs and the natural environment with minimal disruption to the natural system.

A member shall serve the client or employer with integrity, understanding, knowledge and
creative ability.

A member shall encourage educational research and the development and dissemination of useful
technical information relating to planning, design and construction of the physical environment.

A member shall respond morally to social, political, economic and technological influences.

B. Guidelines for the Professional Conduct

A member shall truthfully and clearly inform the client or employer of his/her qualifications
and capabilities to perform the services or projects.

A member shall not make exaggerated, misleading, deceptive or false statements or claims to
the public about his/her professional qualifications, experience or performance.

A member shall make full disclosure to the client or employer any financial interest, which
even remotely bears upon the services or project.

A member shall not give, lend, or promise anything of value to any public official in order to
influence or attempt to influence the official's judgement or actions in the letting of contracts.

A member shall be free of any constraint from his/her fellow members if he/she wishes to
participate in a price or competitive bidding selection when such method is selected by a
client, but the member is encouraged to advocate to the client the public benefit to be derived
from selection processes that establish as their primary consideration in the selection of
landscape architects, the ability and competence of the landscape architect to provide the
required services.

A member shall recognize the contribution of others engaged in the planning, design and
construction of the physical environment and shall not knowingly make false statements
about their work or maliciously injure or attempt to injure the prospects, practice or
employment position of those so engaged.

Advertising and Soliciting (is Prohibited)

A member shall not advertise for or solicit business or allow any member of his/her staff to do
so, otherwise than on behalf and for the benefit of his/her client. He/she shall not give or offer
remuneration or other consideration for the introduction of clients or business.
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A member may publish or consent to the publication of a series of illustrations, whether in the
form of circular, brochure or book, with or without factual information of any project or
projects for which he/she has been responsible and containing the factual composition and
personal of his/her firm. However, he/she shall not distribute such publication with an
intention to solicit.

A member may advertise for a professional appointment and the change of practice provided
always that the advertisement so inserted by him/her agency shall comply with the following
conditions:

a) that the said advertisement is not an intentional attempt to bring the activities of the
landscape architect or him/her firm to the notice of the public;

b) that the said advertisement shall contain no illustration or logos;

c) that the said advertisement shall contain no comparative or superlative descriptions of


his/her practice;

d) that the published information must be factual; and

e) that the name of the advertiser is not printed with undue prominence.

Position of Conflict

A member shall not assume or consciously accept a position in which his/her interest is in conflict
with his/he professional duty and responsibility

A member shall declare his/her interest to his/her client in writing.

Fairness between Parties

A member shall at all times apply the conditions of a contract with the entire fairness between
his/her client, employer client or employer and a contractor, and in all questions arising between
his/her client or his/her employer and a contractor, and all cases in which he/she is acting between
parties, he/she shall act in an impartial manner.

Loyalty towards Colleagues

A member shall at all times, with regard to the interests of his/her client or employer, act loyally
towards other members:

i. A member shall not pass unfavorable comments against another member.

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ii. When accepting a commission on which another member has already been involved, the
member shall ensure that his/her services have been properly terminated and all
outstanding fees have been settled.

iii. A member shall not attempt to supplant another member nor shall he/she compete with
another member by means of reduction of fees or by inducements.

Partnership with other Persons

No member shall enter into a partnership with a member of any other allied registered profession
who does not abide by the ILAM Code of Conduct. Any breach of the Code by any member of
the partnership shall be deemed a breach by the ILAM member.

A member may enter into a partnership with a foreign landscape architect or consultant or he/she
can also employ foreign landscape architects to assist his/her works, provided that he/she remains
statutorily responsible for such works and provided such a partnership or employment does not
contravene the provision of any other law.

A member either on his/her own or joint-venture ship with a foreign landscape architect working
overseas shall abide by the Code of Conduct of the Professional Institute of the country in which
he/she is practicing.

Conditions of Engagement and Scale of Charges

Before concluding a contract with a client, a member shall inform the client of the Conditions of the
Engagement of, and the Scale of Charges to be applied. (Conditions of Engagement and Scale of Fees
endorsed by ILAM on 2010).

Remuneration

A member in private practice is remunerated solely by his professional fees payable by his client.

A member employed by any government department, statutory body or private company or firm
may be paid by salary and given other benefits by his/her employer.

A member shall not accept payment or other consideration from any source other than his/her
client or employer in connection with the works and duties entrusted to him/her and shall not
permit any member of his/her staff to receive such payment or other considerations.

A member shall not receive any work which involves the giving to or receiving from his/her of
discounts or commissions. A member shall not accept any discount, gift or commission from
constructors or tradesmen, whether employed upon his/her work or not.

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A member shall not receive documentation costs. Such costs shall be borne by his/her client or
employer.

A member may not be paid professional fees for consultancy services on the works of another
member or members firm, provided that a client engages himself for the purpose of rendering
such services and he/she assumes responsibility for those services.

A member shall not levy indemnity payment on the contractor for delays in project
implementation; such payments shall form part of his/her conditions of engagement with his/her
client.

Involvement with Other Trades

A member shall not, while practicing his/her profession, carry on or engages in any trade or
businesses which are inconsistent with the fittings and proper discharges of his/her professional
duties. He/she must not hold, assume or consciously accept a position in such trade or business in
which his/her interest is in conflict with his/her professional duty.

A member, while practicing his/her profession, may also be a development or a director or a


shareholder of a property development company, a landscape contractor or a director or
shareholder of a manufacturing company, an agent for any building materials, components or
system, a director or shareholder of a property management company, provided that:

a) he/she declares his/her interest to his/her client and potential clients in writing at the
time of his/her appointment as a landscape architect;

b) he/she avoids being in a position of conflict in discharging his/her professional duties;

c) he/she complies with the Code whilst serving as a landscape architect; and

d) he/she uses his/her name and affix in the letterheads, sales brochures, catalogues and
similar documents of his/her firm/company used in connection with his/her professional
services.

A member cannot be an arbitrator if he/she is also the developer or the builder for that contract.

A member is permitted to be a turnkey operator or other package provided that in carrying out
such activities, he/she must not contravene this Code.

A member shall not be involved in the promotion of any services or products.

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Key Issues

Get proper training

Members need to be prepared for updating their knowledge in order to practice. In the process of
liberating the service sector especially of landscape architecture the government wants members to
face reality when the time comes. We in ILAM have undertaken various measures to prepare
members for that. One of the measures is the implementation of the Continuing Professional
Development (CPD) point. If you have the time and resources, further your studies for a Master or
even a PhD. The former ITM Director Datuk Ir Dr Ahmad Zaidee Laidin once said that the rate of
obsolesce of knowledge is five years.

Liberalisation

This thing is very real. The government has no choice but to open up the service for foreign landscape
architects to come here to practice. We must prepare ourselves to look into other areas where we have
not yet ventured. For example waste management, natural resources and heritage landscape. We must
venture into areas that they have not yet done. The Blue Ocean Strategy says that you go to where
there is uncontested market.

National Landscape Policy

With the coming into force of the national landscape policy, many agencies will be involved in the
implementation of landscape issues. Are we ready to engage with them? Do we really understand the
meaning of landscape?

Small firms/large firms

There are many landscape architects who still practice with less than 5 technical staff (This does not
include the administrative workers). Those that have members of between 5 and 10 are considered
medium-sized consultancy firms. Practices that have more than 10 members are called large firms
which are multi-disciplinary. Being a small company may have its advantages but given the scenario
that we are facing with like the Competitions Act, high cost of living, pay rise and retirement age,
members will have to consider whether to merge their practices to compete with other practices.

Suing another LA.

Landscape Architects should work for a living. However, there are cases where an LA had sued
another fellow LA for reasons that can be settled between them. Case like this does happen and ILAM
has to be prepared to tackle complaints made by members.

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Conclusions

ILAM just turns 30. There are many things which it has to learn especially from the other allied
professions. But ILAM is happy because despite its 30 years of existence, it has achieved and proved
that landscape architecture has a role to play in nation building.

References

Chaniago, Darwin and Mohd Saufi Hj Abdullah (1980) Popular Roadside Trees of Malaysia, Kuala
Lumpur: Dewan Bahasa dan Pustaka.

ILAM (2012), official website www.ilam.org

Landskap Buletin (2011) The glorious 30 years of landscape architecture in Malaysia, Institut
Landskap Arkitek Malaysia (ILAM), Shah Alam.

Malaysian Government (2012a) Town and Country Planning Act 1976, JPBD, Government of
Malaysia, Kuala Lumpur, http://www.townplan.gov.my/<accessed on 15 February 2012>.

Malaysian Government (2012b) Societies Act 1966, Registrar of Societies, Government of Malaysia,
Kuala Lumpur, www.ros.gov.my <accessed on 1 February 2012>.

Shuib, K.B (1997) Landskap terancang imbangi pembangunan, Berita Harian, Kuala Lumpur pg 10.

Suhardi Maulan (2011) Professional Practice and Act, KAIAL 2011.

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