The State Government of the Malaysian State of Selangor is
proposing the introduction of a Law that will guarantee the freedom
of information to Citizens.
This is to encourage transparency and fight corruption.
Why has this Singapore Government not taken any decisive leap in
the same direction but had instead played second fiddle to the
Malaysians ?
Other countries that dare to call itself First World has
legislations that require the Official Government Archives to
reveal State Secrets and Confidential documents; and should allow
the interested citizenry to make teir information.
PETALING JAYA: Selangor will be the first
state to table a Freedom of Information (FOI) Enactment bill in its
legislative assembly by the end of this year.
Mentri Besar Tan Sri Khalid Ibrahim said the Pakatan Rakyat
government in Selangor had decided on this because it believed that
all citizens had the right to have and know as much information as
they needed.
“Only a well-informed citizenry can make good decisions on matters
involving public interest.
“Freedom of information and media freedom stand shoulder to
shoulder.
“Without access to information, how can journalists be effective in
their jobs?” Khalid said at the state government’s belated
observance of World Press Freedom Day and the launch of its
Communications and Media Network -- a monthly newspaper and online
portal both calledselangor kini, and the webTV channel TV
Selangor -- at the Petaling Jaya Civic Centre Tuesday.
He said Pakatan component parties had proposed to the Federal
Government that amendments be made to secrecy laws but there had
been no response thus far.
“That did not mean Pakatan state governments did not have do
anything; as such, we set up a Freedom of Information Taskforce
last year to ensure an FOI Bill is tabled at the Legislature before
the end of the year,” he said.
Khalid said the taskforce was chaired by assemblyman Elizabeth Wong
and comprised assemblymen and members of the public.
Later at a press conference, he said the FOI Bill would fulfil the
state government’s promise to the people to give them access to
information so that the administration would be accountable for its
activities.
He cited the shock of the British people to a news article
revealing, as a result of a request under that nation’s FOI law,
the expenses claimed for by their Members of Parliament.
To another question, he said a few assemblymen had been called up
by the Malaysian Anti-Corruption Commission in relation to the
Official Secrets Act (OSA) over certain documents that were
discussed in the Legislature and mentioned in Parliament.
“Assemblymen have protection when they speak in the Legislature but
the fact that the MACC felt the need to speak to them shows that
there is a need for clarity (on the classification of secret
documents),” he said.
On what would happen if the state government declared a document
public under its proposed FOI enactment but the Federal Government
deemed it a secret under the OSA, Khalid said that the federal law
would supersede the state legislation.
“When it comes to state documents, the state has the right to
contest the decision of the Federal Government,” he added.
Meanwhile, for extra check and balance, Wong said the taskforce she
chairs was proposing the establishment of an independent
information commission to which the public could appeal if they
wanted some information and the state government refused to give
it.
“The common view is that everything is under the OSA but our view
is that all information should be made public, apart from some
exceptions,” she added.
Asked whether the draft enactment would be made public before it
was tabled, Wong said yes.
“I am trying to have it ready for the July meeting, if not then the
October/ November meeting. And once it has been tabled for first
and second readings, the bill will then be referred to a Select
Committee.
“The Select Committee will have six months to gather feedback and
hold consultations with members of the public and public bodies,
and to study FOI laws in other countries, before it goes to the
third reading.
“This is a common process in advanced, mature democracies and we
intend to introduce it in the Selangor State Assembly,” she
said.
Later, at a public consultation and forum themed “Freedom of
Information: The Right to Reclaim,” Wong reminded attendees that a
government holds information on the public’s behalf.
She said a government was not mandated to hide information but
noted there were exceptions when it came to over-riding public
interest, legal privilege, health and safety.
At the same forum, Centre for Policy Initiatives director Dr Lim
Teck Ghee said the state played a major role in nurturing freedom
of information.
“It has been argued by the Federal Government and its supporters
that the right to speech does not mean the right to
information.
“But the two go hand-in-hand because our fundamental right to
speech can be effectuated only if we -- all citizens -- have the
effective right to access information that is available with the
government.”
Centre for Independent Journalism programme director Sevan
Doraisamy said an FOI law was just as important for public servants
as it was for the public.
“During the SARS (severe acute respiratory syndrome) scare (in
2005), the Health Ministry gave out good and quick information to
the public but this was questioned online.
“It’s a question of trust -- an FOI law would be the first step
towards building trust in the authorities,” he said.
Dipendra Harshad Rai, head of the Media Defence and Freedom of
Expression Working Group in the Bar Council’s Human Rights
Committee, cautioned that the proposed state enactment would not
overturn the OSA but would provide a framework for how the public
could get information.
He added it was important to come up with a solution to declassify
information within the OSA.
Freelance journalist Padmaja Padman said the state government need
not worry because an FOI law is passed to provide information based
on the principles of maximum disclosure and routine publication,
among others.
Transparency International-Malaysia member Ngooi Chiu-ing said
greater access to information could help curb corruption.