FIDH urges the malaysian governement to drop all charges against four opposition leaders and to substantially amend the OSA
| Publisher | International Federation for Human Rights |
| Publication Date | 6 February 2007 |
| Cite as | International Federation for Human Rights, FIDH urges the malaysian governement to drop all charges against four opposition leaders and to substantially amend the OSA, 6 February 2007, available at: https://www.refworld.org/docid/482c5bf0c.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
6/02/2007
The FIDH and SUARAM, its member organisation in Malaysia, express their deep concern about the decision of the Malaysian police, on 30 January 2007, to summon four opposition party leaders under the Official Secrets Act (OSA) for disclosing details concerning a toll concession agreement.
The Official Secrets Act of 1972 prohibits the dissemination of information classified by any public officer as an official secret. Section 2 of the Act defines an 'official secret' as "any document specified in the Schedule to the Act and any information and material relating thereto", as well as any other information, document or material that may be classified by designated Ministerial officials or designated public officials. The Act fails to provide criterion allowing to determine the kind of material that may be classified. Definition is consequently all-catching. Furthermore, by stating that certification of information "shall not be questioned in any court on any grounds whatsoever", the Act excludes any judicial scrutiny on the decision to classify an information.
The four opposition leaders, Dr. Hatta Ramli (Pan-Malaysia Islamic Party – PAS), Ronnie Liu (Democratic Action Party (DAP), Tian Chua and Khalid Ibrahim (People's Justice Party – KeADILan), were required to report to the Bukit Aman police headquarters on 5 February, for questioning. If they are charged with disclosing classified information (Section 8 of the OSA), they will face one to seven years imprisonment.
Furthermore, public protests against the toll hike have been increasingly subjected to violent dispersals by the police – the last demonstration saw 21 persons arrested, while four had to seek medical treatment.
The said 'secret' document, first revealed on 4 January 2007 by the four opposition leaders, is the toll agreement concluded between the government and the highway concessionary for the Lebuhraya Damansara-Puchong (LDP) highway's toll.
FIDH recalls that Article 19 of the Universal Declaration on Human Rights enshrines the right to seek, receive and impart information. This right may be subject to certain restrictions, but these shall only be such as are provided by law and are necessary for respect of the rights or reputations of others or for the protection of national security, public order, public health or morals. The OSA goes far much beyond those very specific circumstances.
Freedom of information on concessions made by the Government is definitely crucial in order to allow citizens to hold their government accountable and to allow a meaningful participatory process, which is a cornerstone of democracy. "Secret should be the exception, and transparency the rule in the field of public policies", said Swee Seng Yap, Executive Director of Suaram.
FIDH and SUARAM consequently urge the Malaysian authorities to drop pending charges against the four members of the opposition for revealing the toll agreement, and to amend the Officials Secrets Act in order to bring it in conformity with the right to freedom of information.
"The Malaysian authorities should recognize the right to freedom of information, especially in matters of public interest", said Sidiki Kaba, President of FIDH. "Adopting a Freedom of Information Act, as required by local human rights NGOs, would be an important step forward in that regard", he concluded.
