CIVIL societies say the Freedom of Information (FOI) Bill must be strengthened into an enforceable right to know act.
In a joint statement coinciding with the International Day for Universal Access to Information, the Centre for Independent Journalism (CIJ), Article 19 and the Center to Combat Corruption and Cronyism (C4 Center) call on the government and Parliament to make the right to access information a meaningful and accessible right, and not merely a promise of reform.
While they welcome the bill's referral to a Parliamentary Special Select Committee (PSSC) following its first reading in the Dewan Rakyat in July, they say the bill, as tabled, falls far short of what should be expected from a landmark transparency legislation.
"The Centre for Law and Democracy's assessment subsequently gave the Bill 47 out of 150 points under its Right to Information Rating methodology, highlighting the extent to which the proposed framework needs improvement," the three groups say.
While Malaysia considers the country's first federal-level FOI law, serious questions remain about the transparency, legal basis and implementation of former prime minister Najib Razak's conditional pardon and house arrest.
"These are not separate transparency failures. They expose the same problem: Malaysians cannot hold institutions accountable when the government makes decisions behind a wall of secrecy.
"Malaysia must end the culture of secrecy that continues to shield the exercise of power from public scrutiny," they say.
The government cannot credibly say they want to strive for transparency while at the same time limiting public access to information about decisions involving public interest, they add.
"The government must demonstrate its political will and commitment to transparency by applying these principles across the board and not letting them remain mere lip service to garner votes."
As such, they say the FOI Bill must be improved to uphold the constitutional guarantee under Article 10(1)(a) of the Federal Constitution, guaranteeing freedom of information as a pre-condition to the freedom of expression and speech. Unnecessary restrictions on who can request information must be removed from the bill, they add.
The Bill should also make disclosure the rule with narrowly defined exemptions based on demonstrable harm and subject to a strong public-interest override, while ensuring that the law cannot be undermined by existing secrecy provisions such as the Official Secrets Act.
An FOI Commission must also be established as an independent oversight body, they say, with the power to review refusals, order disclosure and monitor the implementation of the FOI law.
The Bill should also require proactive disclosure of information and documents of significant public interest and make the parliamentary FOI process transparent and participatory.
In addition, the groups demand an immediate disclosure and publication of the documents necessary for the public to understand the decision regarding Najib's conditional pardon.
These documents include the relevant Pardons Board minutes, the Attorney-General's written submission, the full conditions governing the house arrest arrangement, the legal basis for implementing house arrest, the mechanisms for monitoring and enforcing compliance and the significant public expenditure associated with the arrangement.
"These demands do not challenge the constitutional existence of the power of pardon.
"They demand transparency about the exercise and implementation of authority's power."
While the government has repeatedly committed itself to institutional reform, good governance and restoring public confidence, the groups say the true test of these commitments is whether transparency is upheld when disclosure is difficult, politically sensitive or institutionally consequential.
The right to information is not a concession from the government, they say.
Instead, it is the foundation of an accountable government.
"This legislation is essential to guarantee the public's collective right to be informed by public authorities about important aspects of their functioning, the right to seek or request information, and the right to be informed and to receive information about various aspects of the public sphere."
