1. Freedom Of Information is a collective responsibility but the state plays the major role in nurturing it. Whether FOI is opened up or is shut down is very much dependent on who holds the levers of political power in the state and whether that power is exercised democratically or otherwise..
2. Most state systems, especially authoritarian governments, try their best to restrict freedom of information. Authoritarian governments try to restrict and control all information flows especially public information so that they need not be accountable and their policies and activities are not subject to public scrutiny but remain hidden or kept secret.
Almost always such concealment of public information is justified as protecting the national sovereignty and integrity, or it is said to ensure public safety and order.
Almost always it is a means of manipulating and controlling the public, especially through the mass media, and to ensure the continuation of authoritarian regimes, and together with it, their looting of the state treasury and other resources, and the often illicit accumulation of wealth, power and privilege.
3. In terms of Malaysia’s freedom of information, i.e. specifically, public access to official information and records, we are worse off than many authoritarian systems and states.
4. We should not be in this position. We have a constitution which although it does not explicitly specify the freedom of information, makes it clear that we enjoy key fundamental rights and liberties. Article 10 (1) guarantees the freedom of speech, the right to assemble peacefully and the right to form associations to every Malaysian citizen.
It has been argued by the Government and its supporters that the right to speech does not mean the right to information. However, the two freedoms – freedom of speech and expression and freedom of information - go hand in hand. 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.
5. The Selangor State’s initiative in undertaking a FOI Act is commendable. It will help push the process of democratization forward in an important way as well as help reduce corruption and abuse of public funds and reduce the cost of business.
6. In crafting the FOI Act, there are four key criteria that will determine the strength and effectiveness of the Act. These are
1. The width of application of the Act i.e. the nature of organizations and institutions to which it applies or does not apply
2. The range and kind of information that can be accessed and the kinds of information that are exempted from disclosure
3. The independence of the institutions that are set up to adjudicate disputes between the citizens and the state
4. The sanctions in the law against willful and mala fide refusal to disclose information or against incorrect disclosure of information
7. The State FOI needs to be supplemented by a similar Act at the Federal level of government as well as by similar FOI Acts in the other states. Only in this way will we secure the rights of all Malaysians to information, and bring about a higher degree of transparency and accountability in the functioning of government and its agencies.
[Dr Lim Teck Ghee is a well-known academic and director of think-tank Centre for Policy Initiatives]
19/05/09
2. Most state systems, especially authoritarian governments, try their best to restrict freedom of information. Authoritarian governments try to restrict and control all information flows especially public information so that they need not be accountable and their policies and activities are not subject to public scrutiny but remain hidden or kept secret.
Almost always such concealment of public information is justified as protecting the national sovereignty and integrity, or it is said to ensure public safety and order.
Almost always it is a means of manipulating and controlling the public, especially through the mass media, and to ensure the continuation of authoritarian regimes, and together with it, their looting of the state treasury and other resources, and the often illicit accumulation of wealth, power and privilege.
3. In terms of Malaysia’s freedom of information, i.e. specifically, public access to official information and records, we are worse off than many authoritarian systems and states.
4. We should not be in this position. We have a constitution which although it does not explicitly specify the freedom of information, makes it clear that we enjoy key fundamental rights and liberties. Article 10 (1) guarantees the freedom of speech, the right to assemble peacefully and the right to form associations to every Malaysian citizen.
It has been argued by the Government and its supporters that the right to speech does not mean the right to information. However, the two freedoms – freedom of speech and expression and freedom of information - go hand in hand. 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.
5. The Selangor State’s initiative in undertaking a FOI Act is commendable. It will help push the process of democratization forward in an important way as well as help reduce corruption and abuse of public funds and reduce the cost of business.
6. In crafting the FOI Act, there are four key criteria that will determine the strength and effectiveness of the Act. These are
1. The width of application of the Act i.e. the nature of organizations and institutions to which it applies or does not apply
2. The range and kind of information that can be accessed and the kinds of information that are exempted from disclosure
3. The independence of the institutions that are set up to adjudicate disputes between the citizens and the state
4. The sanctions in the law against willful and mala fide refusal to disclose information or against incorrect disclosure of information
7. The State FOI needs to be supplemented by a similar Act at the Federal level of government as well as by similar FOI Acts in the other states. Only in this way will we secure the rights of all Malaysians to information, and bring about a higher degree of transparency and accountability in the functioning of government and its agencies.
[Dr Lim Teck Ghee is a well-known academic and director of think-tank Centre for Policy Initiatives]
19/05/09
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