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We need to catch up to the global standards!

Here are 3 hard numbers about RTI that could convince you:

90

World's population live in countries with RTI law or policy!

140

Countries with RTI/ FOI laws

3

Thailand, Indonesia, Philippines have RTI laws

For those who need some examples!

What happens when we don’t have the Right to Information? What happens when we do?

Without RTI Legislation

☒ Despite public outcry, the public received no information on former Prime Minister, Najib Razak’s pardon
Najib Razak

After his conviction for charges of abuse of power, money laundering and criminal breach of trust in the SRC International trial, former Prime Minister Najib Razak was sentenced to 12 years’ imprisonment and a fine of RM210 million. But on 2 February 2024, the Pardons Board reduced Najib Razak’s sentence  to only six years, and his fine was reduced to RM50 million. 

Despite public outcry, the public has been left in the dark, as the Pardons Board has not disclosed the rationale behind its decision. 

☒ When Haris Ibrahim, steering committee member of Bersih tried to get information on the redelineation process of for electoral constituencies, he was denied that information in court
Redelineation process of for electoral constituencies

Part of the Election Commission’s (EC) constitutional duty is to present proposed boundary changes to constituents affected by these changes, displaying the relevant map and the boundaries. Affected constituents then have the right, within 30 days, to file objections to the EC’s proposed changes. However, the EC did not provide this information to the residents of Johor. Haris Ibrahim, a steering committee member of Bersih 2.0, filed a legal suit against the EC over the redelineation exercise and petitioned for more information about the decision-making process. Ultimately, the courts dismissed Haris’ lawsuit, citing that it had no merit and that he had no cause of action against the EC. Haris’ lawyer, Malik Imtiaz, even raised the concern that voters could not exercise their freedom of expression without the right to information to accompany it.

☒ No information was made available on the open tender littoral combat ship (LCS) procurement issue which has cost the government RM2.098 billion. Only after a report from the PAC was released did we get any information on this public interest issue!

LCS

Until 2020, the Malaysian government has paid RM6.08 billion to Boustead Naval Shipyard Sdn. Bhd. (BNS) for the purchase of six combat ships. However in 2022, the Public Accounts Committee (PAC) released a report stating that not a single ship had been completed even though the first ship was due to be delivered in April 2019. Instead, the BNS’ subsidiaries used RM400 million of the payments received for the LCS project to settle the bad debts of the old NGPV (New Generation Patrol Vessel) project.

The Defense Minister then, Datuk Seri Ahmad Zahid Hamid approved the project and denied any fraud in terms of his involvement. This delay incurred an additional cost of RM2.098 billion from the original cost of RM9.128 billion.

Though PAC released said report, and two other reports from 2018 and 2020 were later declassified, given the project was open tender, information on this should have been publicly available from the beginning for accountability and the public interest!

☒ CodeBlue were investigated by the police for publishing a declassified report of the independent inquiry into the 2016 Sultanah Aminah Hospital fire in Johor

Sultanah Aminah Hospital fire in Johor

When the team at CodeBlue received the report of the independent Inquiry into the  2016 Sultanah Aminah Hospital fire in Johor – the worst hospital fire in Malaysia’s history – it was ascertained, from the look of it, that the document had been declassified.  A  journalist from Code Blue had even called Health Minister Dr. Dzulkefly Ahmad, who confirmed that the report was indeed declassified. The document, however, did not have upon it the dates of when it was classified or declassified. Even so, after the report was published, there was a police investigation against the CodeBlue team under Section 203A of the Penal Code as well as under the OSA. Public interest issues must be made available to the public to prevent these things from happening again!

With RTI Legislation

PENANG

☑ Malaysiakini journalist successfully obtains information on bicycle lanes in Penang with the help of an Information Officer!

Penang Bike Lane

A Malaysiakini journalist successfully obtained information on bicycle lanes in Penang when the Penang FOIE was first enforced in 2015, with the assistance of a helpful information officer (IO). The role of an IO is crucial to ensure smooth procedures so that the information could also be a reference for bikers to plan their route safely through Penang. Without proper documentation, bikers who use lanes that are not categorised as safe zones will suffer a series of accidents or even death.

☑ Buyers obtain information about the development plan of Tree Sparina @ Ideal Vision Park project in Bayan Lepas helping buyers and future residents makes better decision about their new homes

Tree Sparina

On 17 October 2022, the applicant via Messrs Ong and Manecksha requested a copy of the blueprint regarding the development plan from the Penang Town and Country Planning Development on Tree Sparina @ Ideal Vision Park project in Bayan Lepas. The request was made to review the purchase agreement, including the approved layout plan and building plan. The firm succeeded in getting information which was crucial for the buyers to know about the population density of the building, the use of the land and building, and the provision of open and green spaces in the building. It helped inform the buyers about their rights as a resident, like at what level the place should be maintained and the rent payment schedule, ensuring the resident has the agency to negotiate disputes and the contract is adhered to by both parties.

☑ Sungai Ara residents filed a Penang FOIE request for document vetting the project to build bungalows on a steep hill in Sungai Ara which was environmentally sensitive but this document was deemed confidential. However, after appealing to the Penang Appeals Board, they got to see these documents

Sg Ara, Penang

Sunway City’s plan to build bungalows on a steep hill in Sungai Ara was approved by the Penang state government despite the residents considering the hill environmentally sensitive. It was alleged that there were guidelines to vet special projects of this nature, but the document’s contents and the department responsible for this were unknown. The residents filed a Penang FOIE request to see this document and the state EXCO’s meeting minutes but were rejected as these were deemed confidential. They filed an appeal, but when the appeal board convened, they tried to evict all attendees except for the complainant representing the residents, not realising that it was an open court and anyone could attend. Only after arguing that the members of the Penang Appeals Board allowed the viewing of the documents initially requested. 

◑ Gerakan Youth Chief Jason Loo failed to obtain information on the Penang Undersea Tunnel Project despite spending RM1,500 in the process*

Penang Undersea Tunnel

Gerakan Youth Chief Jason Loo tried to obtain documents and information on the Penang Undersea Tunnel Project, which was the subject of alleged corruption and abuse of power. Loo spent approximately RM1,500 in the process. He was even made to produce statutory declarations to the state that he would not abuse said information. Ultimately, he failed to receive the requested information and eventually ceased trying.*

*However, in the end, the State Legislative Assembly published the information, and the Parliament Public Accounts Committee looked into it. The state assembly representatives were also given all the information without having to pay any fees or go through the FOI regime in Penang.

SELANGOR

☑ Sinar Project successfully obtains information from Ampang Jaya Municipal Council after filing a request on the plan to avoid MORE landslides in Taman Bukit Permai, Ampang

Taman Bukit Permai, Ampang

On 21 April 2022, Sinar Project filed a request to the Ampang Jaya Municipal Council (MPAJ) under the Selangor FOIE on the report of the land maintenance and its long-term contingency plan to avoid landslides in Taman Bukit Permai, Ampang. The case was severe since there were deaths and loss of private property due to the incident. The information officer from MPAJ provided that the maintenance will be over by the end of May 2022, along with a study on the land design and slope stabilisation. The information was essential for the residents to decide whether to stay in the area or move to another area to ensure their safety. 

☒ Environmental Group failed to get information on the report on the degazettement of the Kuala Langat Northern Forest Reserve (KLNFR) on the grounds that it was classified

Kuala Langat

In 2021, environmental group PEKA (Pertubuhan Pelindung Khazanah Alam) submitted an official request for a copy of the Forestry Department’s report on the KLNFR, but it was rejected on the grounds that it is classified and affects the policy and development of the state. KLNFR is one of the last peat swamp forests in southern Selangor and the failure to get any information further disempowers PEKA from protecting the swamp forests. 

Selangor State Executive Councillor for the environment, Hee Loy Sian, revealed that there were no objections to degazettement of the KLNFR by destroying 536.7 hectares (equivalent to 865 football fields) by multiple government departments and the Dean of Faculty of Forestry and Environment of Universiti Putra Malaysia during technical meetings.

However, even though the request was rejected, you or anyone can still appeal them!