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Freedom of Information Act soon
Published on: Thursday, November 28, 2019
By: David Thien
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Freedom of Information Act soon
PUTRAJAYA: The Federal Government is committed to replacing the Official Secrets Act (OSA) with a Freedom of Information Act (FOIA) to fulfil a promise made in the Pakatan Harapan election manifesto.

Minister in the Prime Minister’s Department for Legal Affairs Datuk Liew Vui Keong (pic) said he had been mandated by the Cabinet to work with the Minister of Communication and Multimedia to develop this Act.

“The Prime Minister in July, 2019 announced that a Freedom of Information Act will be drawn up to replace the OSA in 2020. However, this is subject to ‘sufficient engagement undertaken throughout the policy and drafting process’.

“In other words, the formulation of the Act requires an in-depth and holistic study to ensure it will not contravene any existing laws,” Liew said when officiating the National Stakeholders Consultation on the Right to Information Legislation, Wednesday.

He said creating an enabling environment that upholds and promotes the right to information of every individual…will also enable constructive participation through debates and discussions that would benefit the decision-making process of specific issues pertaining to public interest.

“Ultimately this will enhance participatory democracy, good governance and strengthen the rule of law.” 

Liew said the Legal Affairs Division of the Prime Minister’s Department had several discussions as early as January 2019, with stakeholders, including Selangor and Penang, that have their own state-level Freedom of Information Enactment.

Continuous discussions were held with the Ministry of Communication and Multimedia, Malaysia Administrative

Modernisation and Management Planning Unit (Mampu), and the Office of the Chief Government Security Officer (CGSO) to better understand the scope and challenges of this legislation. 

“I would like to stress the importance of the right to information for the new Malaysia. There shall be no other reason than to promote transparency and accountability as well as to strengthen the public’s right to be informed.”

He said that was in line with the National Anti-Corruption Plan 2019-2023 (NACP), which aims to fully address governance, integrity and anti-corruption issues, with the vision of creating a corrupt-free nation by improving government efficiency, transparency and accountability based on good governance.

“Accountability and transparency are two important elements of good governance in New Malaysia to ensure Malaysia is put on the right path again. It is a collective responsibility that involves both the public and private sector,” Liew said.

He said the National Stakeholders Consultation session would pave the way for continual collaboration with different stakeholders in achieving the Government’s reform agenda.

“This is important in all areas of law reform and particularly in this instance where the impact is felt by many in our society,” he said, and was confident that the FOIA would be realised during his tenure in office.

The Centre for Independent Journalism (CIJ) and the CSO Coalition on Freedom of Expression, in collaboration with the Legal Affairs Division of the Prime Minister’s Department organised the event.

Meanwhile, Liew considers realising the change of voter eligibility age to 18 as one of his crowning achievements.

“This changes the political landscape of the country forever,” he said. As for Sabah in particular, Liew said 13 new State constituencies will be up for contest in the next general election.

“The principle of transparency in government could be traced back to the 18th century. Enlightened philosophers such as Immanuel Kant and Jean Jacques Rousseau had paired government secrecy with corruption.

“Certainly, this is not new to Malaysia’s political scene where the corrupted and kleptocrats hide behind the veils of official secret to extend their personal wealth and political powers, at the expense of the people,” Liew said.

Other than for national defence and security matters, legal structures should never be used to hide stolen assets and building blocks of hidden money trails. 





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