24
speak up!
Foggy on the right to know front
by Sonia Randhawa
ANNUALLY on Sept 28, activists
internationally celebrate
Right to Know Day. Almost 70
countries across the world have
enacted meaningful Freedom
of Information Laws. Alongside
the national laws, in federations
across the world, regional
assemblies have passed laws.
Sadly in Malaysia, there is still
nothing to celebrate. Despite the
fanfare on March 8 of greater
accessibility, no state has passed
Freedom of Information legislation. Not
one has even enacted weaker guidelines
on accessibility and accountability. Not
one has made a pledge to publish cabinet
meeting minutes.
Why is it important? Access to
information is, literally, vital – in part
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because corruption can kill.
A building doesn’t meet
safety regulations, but a small
“donation” helps it get planning
approval. A traffic policeman
ignores a violation, contributing
to our overall lack of safety on
the roads. But it isn’t just in
matters of life and death where
corruption has an impact,
and where transparency and
accountability can help ensure
Freespace better decision-making. It is
Where young views rule in almost every area where
government dabbles.
We have seen this in the problems with
the alienation of state land – decisions
made that were both legally suspect and
not in the interests of the community.
Lack of transparency means we cannot
be certain about our health, about our
entitlements, about the education of our
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children, or even how our money – that
part of it we pay in taxes – is being spent.
The results of freedom of information
are good for everyone – except those
benefiting from corruption or similar
practices. Government can work more
efficiently, as it’s easier for all to see and
monitor how tax money is being spent,
and stop waste. It means that people
are more likely to respect government
decisions, if they can see the process
leading up to decisions being made. If
there is an emergency, if the government
needs to rapidly mobilise the population
for a health or safety risk, there is a
greater chance of response – and if
the data on which these decisions are
made public, it’s more likely that this
information will be spotted sooner.
There are areas where freedom
of information is counter-productive
– information about ongoing police
investigations, for example. But case
files should be opened once a case is
closed. Watch In the Name of the Father
if you need proof. Police are not always
motivated by the public interest – and
even if there isn’t overt corruption,
political pressure, public outcry or
prejudice can sway investigations. Public
scrutiny can provide an antidote, and help
rectify miscarriages of justice. (It also
makes arbitrary arrest a lot harder).
The Barisan Nasional governments
have argued that freedom of information
legislation is “not necessary” – that it
could compromise national security. Yet,
a number of countries engaged in conflict
(the United States, Britain, India, Thailand
and the Philippines) have some provisions
for freedom of information.
The position of Pakatan Rakyat
governments is even harder to
comprehend. They universally
acknowledge the need for freedom of
information. They have been pushing
for the laws at a federal level. Yet, within
their own constituencies they claim that
Sharing the economic cake
I APPLAUD MCA vice-president Datuk Liow
Tiong Lai for moving away from questioning the
30% bumiputra equity in the NEP to refocusing
on what is more expedient and crucial to the
nation’s well-being ie economic growth.
For as long as politicians and political enthu-
siasts indulge in regressive and unproductive
debates, Malaysia’s real development will not
move forward. The nation will be seen as being
trapped in a time warp, its citizenry embroiled
in ethno-racial insecurities which stagnate
growth and development.
It is only when the economic cake is
expanded with pragmatic policies that are
implemented fairly that Malaysians of all ethnic
compositions will be able to enjoy a fair and
equitable distribution of the nation’s wealth.
Only then can Malaysians hold their heads
high and say that the spirit of Article 153 of the
Federal Constitution has been rightly translated
into dynamic policies for the people.
It is only when the Malays and non-Malays
feel that their special position and needs as
well as their legitimate rights are given due
consideration that they will be able to rid them-
Tourists at ease with English
I READ the Deputy Tourism Minister’s com-
ment that Malaysia has an advantage over
other nearby countries because most people
can speak English.
I agree with this and it has been a major
factor for me and my husband. We first came
as tourists and now have a second home here.
Both then and now as more permanent resi-
dents we chat to people just about every day.
On the other hand I remember that in
Thailand it was unusual to meet someone with
whom we could have a proper conversation.
As do-it-yourself tourists we often have to ask
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We believe that the young
should have a say in how things
are run, because they have eve-
rything at stake in our future.
This column creates that space
for our panel of bright young
sparks to debate a whole range
of issues that they feel strongly
about.
passing
such legislation would
cause a constitutional conflict and be
unenforceable.
This is pure sophistry. First, it hasn’t
stopped PAS governments passing
legislation in the past. Second, state-level
legislation, as in the proposed Freedom
of Information law drafted by NGOs, does
not have to conflict with federal-level
legislation. It would not mean a repeal of
the Official Secrets Act – but as in Japan,
it would mean that the state governments
would be bound not to use the OSA on
information that they produce. They
would have to publish their decisions,
they would have to account for their
spending. There is nothing in the Official
Secrets Act that says that if states choose to
bind themselves to publish, and be praised
or damned for their actions, that they
cannot do it – for most of the information
they produce.
The sooner they live up to their
promises, and pass some form of right to
know legislation, the more faith the rakyat
will have in their administrations – and
their ability to keep their word.
Sonia Randhawa was one of the authors
of the Draft Freedom of Information law
published by the Freedom of Information
coalition. Right to Know Day falls on Sept
28 each year. Sonia is just a little late!
Feedback: letters@thesundaily.com.
selves of their suspicions and prejudices, ie the
destructive elements threatening the nation’s
peace and prosperity.
Considering the success of the Chinese
community in holding a share of the country’s
wealth which is proportionately greater than
their racial representation, one wonders why
they are still complaining. A better approach
would be to show greater magnanimity in
opening the doors to their Malay and Indian
compatriots to fully participate in shared busi-
ness activities. Old community networks which
have sustained Chinese business interests
since their forefathers first arrived in Malaya
must reflect the multiracial nation that Malaysia
has become.
Because of their economic prowess Malay-
sian Chinese must lead the way in educating
and training the other communities to acquire
skills and knowhow which will raise productiv-
ity. Instead of regressing into old arguments it’s
time to move forward and establish new ones.
Halimah Mohd Said
Kuala Lumpur
people in the street for directions and it can
be difficult to make oneself understood. In the
neighbouring countries it is all right when deal-
ing with people in the tourism business but with
others we are reduced to basic greetings and
sign language.
The downside is that we have made very
little progress in learning Bahasa Malaysia but
as the country uses the Roman alphabet we
can at least read everything.
Valerie Black
Penang