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The Right to Know PDF Print E-mail
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Sunday, 12 October 2008 21:48

OCT 12 - In almost every major political and social conflict in Malaysia, the protagonists will almost always use "facts" to support their arguments. Case in point: for years many people have been calling on the government to force road concessionaires to revise their toll downwards. It is not uncommon for someone living in Rawang to spend RM15 just on toll alone for a round trip to USJ. (Of course you cynics would argue that it's free on the Federal Highway and other roads but nowadays many of these "free roads" resemble a shopping parking lot during peak hour).

Critics accused the companies of making too much money and some even accused the whole system as a scam. It's a scam since the road concessionaires are guaranteed "traffic flows" i.e. if the number of vehicles using the toll drops below a certain level, the government will pay the difference. The government on their side argues that the companies are making normal profits and that the contracts are not one-sided.

So who do you believe? The truth is Joe Public cannot really make an assessment since the actual concession is top secret. Although this sort of contract has no national security implications, it is considered a secret by both the government and the company.

In many Western countries, any individual can request to see the contract under the Freedom of Information Act (FOI). In fact, the FOI Act is a standard in most European countries, North America, Australia and New Zealand. Most of the requests under FOI deals with individual information held by government departments.

People apply for the FOI to check that the government is holding correct information about them and to make sure there are no mistakes. FOI is also used to make sure that the government does not use improper information to abuse its power.

In Malaysia, almost all government documents are secret. In fact, it is impossible for anyone to check what sort of information is held about you by the government. There is no procedure or mechanism in place.

The worst part is that if the government information about you is wrong, there is no way of correcting the information.

For example, some Chinese and Malay names are very common. There is every reason to think that there can be mistakes in the information held about you.

Imagine if some financial institutions report you as a bad risk and the information found its way into some government departments. The government now thinks you are not credit worthy. What can you do?

The answer is nothing!

Hence, we really do need a FOI Act to be adopted here in Malaysia. The government need not worry about its secrets - many FOI have exclusion clauses which allows the authorities to hold back the information if it damages the country.

What we need essentially is a mechanism for Joe Public to check if the information collected about him is right and proper and gives him a chance to correct any faulty data.

We also need the FOI in order to allow Joe Public access to government documents so that he or she is in a position to make informed decisions.

In this age, the trend is towards transparency and more openness, and not the other way around.

By holding back information, in the long run, it just makes the authorities look bad, creating the impression that they have something to hide or worse, corruption is involved.  If there is one lesson to be learnt in the fight against corruption, it is that more transparency leads to less corruption.

This has been shown to be true in so many other countries. People and institutions become corrupt because they think they can get away with it.

We need the FOI in order to asses for ourselves if all the mud thrown against the government has any authenticity. Are toll operators really scammers? I can't answer that question until I see the contract.

An FOI is a win -win situation for all. The government will gain credibility and the people will have more confidence in the political system.

Comments (11)Add Comment
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written by Old Man, October 12, 2008 22:43:02
James, in one of your remarks you had said, "The answer is nothing!" So it means that the Dye has been cast! So why waste time talking about a win-win situation when it is actual scenario is "Winner takes all, Loser loses all!"
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written by fireduck, October 12, 2008 23:28:57
No need to 'copy' from the western nations if the Malaysian Govt does not feel 'comfortable' with it. Just look at India with its Right To Information Act. http://righttoinformation.gov.in/

Here, the Indian brothers are looked down upon, even by taiko SemiValue, but over in India, their legislature has progressed far beyond ours. And both were former British colonies. And of course they had the grandmaster, Mahatma Gandhi, to help the citizens leapfrog their mental barrier. Maybe for us, it's RPK?

And so James, I too am surprised no one push for this kind of Act, not even in the midst of all those protests against the OSA, the Printing Press Act, the ISA, and the Sedition Act. Is the Bar Council going to take up this challenge?
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written by aiyomanaboleh, October 12, 2008 23:56:14
The government is just like a spoil parent refusing to let its offspring grow up.
By not letting them go out to play and mingle, it hope to always have control over them.
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written by charli88, October 13, 2008 00:13:16
Who dare to open the book ? What's hiding in the contract ? Gomen servants know and company directors know and God also know lah. Usually these so-called politicians-in-position "leverage" on the private company to make themselves filthy rich. No evidence and everyone is safe under OSA. That's why all these big guns lost their seats in PRU12. Let's see how long your self-made God can protect you....crooks of this nation. Few hundreds billions should have been used to fulfill majority of Rakyat basic needs for the past 25 years, but salahguna, scandals, etc etc. Remember if your are crooked politicians and cheated 26 mil Malaysians, you'll be "rewarded" for what you've done at the end of your life. Do you know how many people will curse you ?
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written by Sagaladoola, October 13, 2008 00:36:14
Educate them on what is transparency and right to information...

Whoops.. but...

. if BOCOR already .. imagine what will happen.. 'Helter Skelter'

smilies/cheesy.gif smilies/grin.gif

Regards,
http://sagaladoola.blogspot.com
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written by budakindia, October 13, 2008 00:44:40
In Malaysia, we also have rights what! The rights of going to Kemunting camp and be detained for our protection under the Internal Security Act! That's a right! Uniquely Malaysian! There the mentally retarded botak said so! smilies/grin.gif
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written by ASK4u, October 13, 2008 07:16:15
Dear Mr James
Good thought pondering article. The Home Minister, Mr Syed and his 'henchmen' in the force, without understanding the true meaning of this article, may "jump the gun" and 'ISA' you under sedition and later claim it's for your own safety. He!He!He!
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written by malaysian, October 13, 2008 13:08:23
The day of reckoning is at hand, when the corrupt henchmen of UMNO and it's cronies will have to face the wrath of the Rakyat, for 51 years of abuse of power!
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written by biggun129, October 13, 2008 13:57:12
James, you are given FOI by 'MT', you can ask any questions and made any proposals, I am sure 'MT's Blooger' will provide u with up to date answer,nobody can stop you from doing that and you are free to enter the 'Parliament of MT', a lot of unpaid legislators is waiting for you!
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written by teo siew chin, October 13, 2008 17:14:08
"...OSA, the Printing Press Act, the ISA, and the Sedition Act...."
----------------------------------------------

these are legislature made to cull the total freedom expressed in our master document - The Federal Constitution.
if anything, we should move to abolish all draconian Acts and just revert back to the Federal Constitution.
anybody care to guess when such "dracons" were enacted?
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written by JackWang, October 15, 2008 11:01:54
Fireduck has provided a link to India's RTI act. I have been a frequent visitor to India over the past 1 year and I can attest that the general population is quite happy with this act. People's application which are lost in bureaucracy can go up to the department and demand to know where their application is and the department will have to provide the status. No such answers "masih dalam proses" like what we get here.

Cheers.
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