ENACTMENT OF THE RIGHT TO INFORMATION ACT AND
A PROGRESSIVE RIGHT TO INFORMATION REGIME
Dear Sir/Madam,
I urge you to ensure that the Right to Information (RTI) Act in Malaysia is upheld to the highest possible human rights standard and calls for a holistic, progressive right to information regime.
For too long, the people in Malaysia have faced legal and institutional barriers that deter access to information from public authorities in Malaysia, preventing the public from being critical and gaining the agency to logically combat problems such as corruption, environmental degradation, and unsustainable development that affect our lives, environment, economy, and livelihood. Moreover, it has created a political landscape of secrecy that threatens transparency and accountability, leading to distrust between the government and the public.
By instituting an RTI Act – and, by extension, a progressive RTI regime – that adheres to the principles of RTI to the highest standard, we can once again build trust between the public and the government, allowing for more democratic participation of all peoples.
As such, I urge YB as a part of the legislative body to guarantee that the following non-negotiable principles be incorporated into the RTI law, without which a progressive and viable RTI regime cannot exist:
- All government information must be made open by default, and there cannot be requirements imposed upon an applicant to provide reasons for the making of a disclosure application;
- There must be an independent oversight body to guarantee a fair, trusted, and accessible appeals process, with sufficient safeguards to its autonomy and ability to function without interference;
- Clear and limited grounds of exemption for non-disclosure of information must be stipulated under the Act, based on international standards of necessity and proportionality and subject to an overarching public interest test;
- Other laws which may affect the realisation of a holistic RTI framework must be amended/aligned, such as the Official Secrets Act 1972, the Personal Data Protection Act 2010, the Whistleblowers Protection Act 2010, and Section 203A of the Penal Code;
- Further, policies must be crafted and implemented to encourage a cultural shift within the public sector towards transparency and accountability, such as efficient, proactive publication systems and effective utilisation of information and communication technology. This would require the duty to ensure adequate resourcing and training.
As our representative, you have the power and responsibility to push for policies that enhance transparency and accountability, as the public demands. The enactment of the Right to Information Act, as well as the amendment and repeal of specific laws to guarantee alignment, will allow this to happen.
I sincerely hope you heed these demands and bring about the nation promised in the Malaysia Madani framework—trustworthy, compassionate, and sustainable.
With this, we thank you for your service to the Malaysian public.
