The Centre of Independent Journalism (CIJ) in Malaysia has urged adoption of a national Freedom of Information law and also has criticized a proposed state law for Selangor.
Centre Executive Director Gayathry Venkiteswaran, speaking at a forum Aug. 12 in Kuala Lumpur, said that a Freedom of Information Act would allow Malaysian citizens to keep a check on people in power, while adding that it could make public services by more efficient.
“When people have information, they have the power to make better decisions,” said Gayathry, according to a report by James Chow in The Epoch Times.
She also recently published a critique of the law proposed in Selangor, saying, “Even as the Selangor government is being lauded for introducing freedom of information (FOI) legislation in the state, much is lacking in the Pakatan Rakyat-led government’s enactment. Indeed, the Selangor government may be shortchanging citizens in the state with its version of FOI.”
National Law Urged
“We hope the federal government can follow the footsteps of Selangor state government to enact the FOI Act,” said Gayathry, according to the newspaper account. “We can’t be effective voters and citizens without information.”
She gave examples of information of the kinds of information hat could be obtained, noted that many other Asian countries have adopted such laws, called it “our fundamental right.” She was one of several speakers at the: “Do we really need an FOI Act?” forum which was jointly organized by The Civil Rights Committee, KL & Selangor Chinese Assembly Hall and the CIJ.
For another report on the meeting, see a posting by Selangor Assemblyman Nik Nazmi Nik Ahmad.
Selangor Proposal Reviewed
In an article that first appeared in The Nut Graph, Gayathry wrote that “too much is missing from the Selangor legislation, including six key points – based on international best practices.
First, she said: “Everything the state knows, the people should know, unless there’s a really good reason against it. In contrast, the current draft from the Selangor government, published online, says that information officers ‘may’ give out information. That’s a long way from their being obligated by law to release information. There is no right to know, just the chance that a citizen might be told what she or he wants to know. This leaves the field wide open to personal interpretation and hence, abuse.”
Second, the exemptions are too broad, she said, explaining: “Unfortunately, in the Selangor enactment, instead of a clear section on ‘exemptions,’ the enactment defines `information’ that excludes certain types of information. Worse, it leaves it open for more information to be added to this exemption list without legislative change. What this means is that anything the state wants to hide can be added into the exemptions, with little transparency.” She also called for a public interest test for these exemptions.
A third problem is the lack in the Selangor law of protections for whistleblowers, according to Gayathry.
Fourth, she said, “The Selangor law could have included an obligation on state departments to review its output and see what could be easily and cheaply published, for instance, online, on a routine basis. “
Fifth, the bill indicates that requesters will pay a fee, but “doesn’t say how much.” She also pointed out procedural weaknesses, particularly the requirement that the Selangor government wants people to give a reason for accessing information and threatens to fine them up to RM50,000 if they use it for anything else.
Finally, “the trickiest bit of all,” according the CIJ director, the Board of Appeals needs to be both independent and be seen to be independent.
Other commentaries
A report by Yow Hong Chieh in The Insider July 19 quotes legal experts as refuting claims by the Barisan Nasional party that claim that the Selangor state government’s attempt to enact a FOI law goes against the Federal Constitution. The article explained:
Ismail Sani and Sulaiman Abdul Razak — BN assemblymen for Dusun Tua and Permatang, respectively — both said last week that the Freedom of Information Enactment (Selangor State) enactment 2010 contravened the Federal Constitution through the Official Secrets Act (OSA) 1972.
Selangor Menteri Besar Tan Sri Khalid Ibrahim’s administration is the first in the country to try enacting such a law.
“It (the FOI draft) does say that things classified under the OSA does not fall under the bill,” University of Malaya law professor Dr Azmi Sharom told The Malaysian Insider.
“The Selangor law doesn’t actually contradict the OSA or give the menteri besar powers to override the OSA. If the bill doesn’t actually give them powers over the OSA I don’t see how it’s a problem.”
Calling the BN assemblymen’s objections “ignorant” and “banal”, Azmi said that the main thrust of the FOI was to provide the public access to information rather than declassify documents.
A recent overview of the Selangor situation, written by Zac Hill, quotes Gayathry as saying, “We hope to use this to pressure other states under the Federal Opposition like Penang, Kedah and Kelantan to follow suit, as well as eventually the Federal Government.”
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