By Charles Santiago
Santiago is a member of the Malaysian Parliament. This article first appeared Feb. 13 in The Malaysian Chronicle.
After an intense fight of eight years, we lost the battle. The Federal Court dismissed our application for a judicial review of the Court of Appeal’s decision from accessing the concession agreement of water concessionaire Syabas and audit report.
We were fighting to seek disclosure of documents privy to Syabas, the federal government and Selangor state government as the water company’s intention to increase tariff by 15 percent would adversely affect the people.
But the country’s highest court ruled the water agreement and audit report are confidential as it is classified under the Official Secrets Act.
In fact, the apex court did not even consider the various arguments on Freedom of Information put forward by our lawyers.
My fellow litigants, the rakyat and I took a huge whack.
The country took an embarrassing hit when its press freedom index nose-dived to a historical low of 147 out of 180 countries. We are even behind Myanmar, once considered a rogue nation.
The index, compiled by Reporters Without Borders, noted that the ranking highlights “the negative impact of conflicts of freedom of information and its protagonists”.
Wednesday’s Federal Court hearing showed total disregard to the freedom of information and the right to information of the citizens, especially since details of the audit report as well as the hushed dealings directly affect the peoples’ livelihood.
The Malaysian government has an insatiable need when it comes to suppressing information. Ruling UMNO has always used oppressive laws and the authorities, to go after media organizations and journalists who dared divulge information, which poked holes on the government’s rhetoric.
Prime Minister Najib Razak is clearly trying to manufacture a faux reality for the people, or rather “the best democracy” with a fake sunny disposition.
The country’s former premier, Dr Mahathir Mohamad, kept a tight lid on the media and nipped dissent using various preventive laws. Najib has also picked up from where his predecessor left.
Last week, the Home Ministry revoked the publishing license of FZ.com and popular radio station, BFM, has been forced to can an interview with Opposition leader Anwar Ibrahim.
The government witnessed the power of alternative media and social networking sites in 2008, when it lost the two third majority in Parliament at the general election.
But it has difficulties coming to terms with the fact that information would not stay hidden for too long and the truth will reach the people.
Whistleblower WikiLeaks recently leaked information involving commitments made by the Malaysian government in the Trans Pacific Partnership Agreement.
In fact the whistleblower site disclosure shocked and embarrassed the Malaysian government who were negotiating the TPPA agreement secretly.
By trying to prevent access to information, the government will only continue to lose the support of the people. And in this case, also the support of all Malaysians who are left in the dark about the water agreement.
We lost the battle but won the war. The government has lost the plot.
Filed under: Latest Features