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Making access to information a right PDF Print E-mail
Thursday, 20 May 2010 09:59am
©The Sun (Used by permission)
by Himanshu Bhatt

IMAGINE a scenario where you wanted details and documentation on a critical decision made by the government, say for example on a move to approve the construction of a high-rise building on a steep hill-slope.

You want to know why the decision was made, how it was arrived at, and what the exact procedures and meetings it went through. You want to know who the people involved in determining the approval were, what they had deliberated on in the process, and what reports – geotechnical, environmental impact assessment, traffic dispersal and so on – they had perused.

In Malaysia, most people would be at a loss over how such information could be derived; and the layman may be forgiven if he ceases to even think of asking for such details.

But in India, obtaining such information is not just seen as a possibility or privilege; it is seen as a right. The country, along with many other nations, particularly from the developed world, recently enacted a Right to Information Act.

Under the Act, every government authority is required to have a Public Information Officer (PIO) who is bound by law to reply to applications from citizens for information within 30 days. In urgent cases, where the issue involves the "life or liberty of any person", the PIO must reply within 48 hours.

For the first time in Malaysia’s history, the country may soon have a similar system, giving our citizens the legal right to demand information on issues that affect their lives – at least at a state level. This is if Selangor goes ahead with a draft plan to provide a channel for the public to access official information about the state’s affairs.

The Selangor government is considering an independent commission to oversee freedom of information; and the plan includes appointing "information officers" in various state bodies and municipal councils. If the policy is implemented, it would set a landmark for Malaysia – in terms of giving citizens the right to know and be aware of how their country is governed.

Interestingly, in the spirit of best policies practised around the world, the Selangor government’s draft plan also includes the possibility of setting up a time frame of 30 days for relevant agencies to respond to applications for information, and 48 hours for urgent cases.

In Penang, where the state government is controlled by Selangor’s Pakatan Rakyat coalition brethren, a plan to look into freedom of information had already been set in motion soon after the new government took power in March 2008. In fact, the administration had enthusiastically gone about getting feedback on what was required to create a landmark "Freedom of Information Policy" – including calling in editors and senior journalists for their opinions. But strangely enough, the idea soon fizzled out.

The Penang government has since maintained that its legal adviser – appointed by the attorney general – has objected, asserting that such a move would be unconstitutional. Information, the legal adviser has apparently stressed, is controlled by the federal authorities.

There is some legitimacy to Penang’s claim. To a certain degree, state agencies and municipal councils have their hands tied from releasing any information that is restricted by federal legislation like the Internal Security Act and the Printing Presses and Publications Act.

There have, however, been some developments for freedom of information in Penang. Most notably, the entire state tender process has been opened up for projects exceeding RM50,000; with the public able to check out biddings and awards online.

But the slow pace in which freedom of information is being institutionalised for matters under state jurisdiction has left many quarters disappointed, especially those who expected more from the Pakatan.

And now a new "Coalition for Good Governance Penang" (CGGP) is piling renewed pressure on Penang, with a campaign to get the state government to table and approve a Right to Information Bill in its state legislative assembly.

Few would be more pleased if such a bill is passed than people like George Aeria, the chairman of the Tanjung Bungah Residents Association. His cries for how a controversial condominium was approved on a steep slope near his home have fallen on deaf ears.

There have been numerous other contentious issues, such as secretive changes under the previous government to zonings of certain areas to allow development projects there, that have been left unanswered.

And so with Selangor taking its bold new step, the pressure will be felt not just by Penang but the whole country to make information freely available to citizens; in the spirit of democracy and transparency observed by numerous governments across the world.

Himanshu is theSun’s Penang bureau chief. Comments: letters@thesundaily.com

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