Govt Laws Standing In Way Of Fully Free Oversight Body Say Observers

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Tricia Yeoh and Zaharom Nain say the existence of certain laws will continue to be among obstacles to having an independent oversight body.PETALING JAYA: With law enforcement authorities opting to conduct in-house probes on professional misconduct by their staff, there are calls for a fully independent oversight body to be created to keep these agencies in check.
Suggestions include the establishment of an independent commission, an ombudsman and a special parliamentary select committee (PSC).
Currently, the Enforcement Agency Integrity Commission (EAIC) probes complaints of misconduct by enforcement agencies. Critics, however, say it has limited powers and that the current oversight mechanism is anaemic.
Two observers say it won’t be easy to create a fully independent oversight body and, more importantly, ensure that it will be allowed to conduct its duty properly and without hindrance.
Tricia Yeoh, the chief executive officer of the Institute for Democracy and Economic Affairs (IDEAS), said even if an independent oversight body were to be created to oversee these enforcement agencies, the existing laws would make it difficult for them to carry out their duties diligently.
She cited several repressive laws such as the Official Secrets Act 1972 (OSA) and the Printing Presses and Publications Act 1984 (PPPA) which create a suppressive environment as well as a culture of secrecy, which in turn leads to a lack of publicly-available information.
“As long as this culture of secrecy is imbibed in both the public and private sectors, it will be challenging for any independent oversight body to carry out its duties,” she told FMT.
She added that merely doing away with these laws might not necessarily change access to information for these bodies. However, repealing these laws will create a generally more open environment where the media and whistleblowers can have access to information easily.
“With this information, the public, researchers, investigative journalists, and think tanks like ours would be able to uncover potential cases of corruption, which could be reported to the MACC. The latter could then take the necessary action to investigate further.
“And they can do so in an environment that is not based on fear of repercussion should there be any reportage on an item not favourable to any individual or party connected to any particular powers,” she said.
She also stressed the need for data to be open by default, adding that the government should accept the proposal by civil society for a Freedom of Information Act.
“Having an open data policy where government data is open by default is ideal. Only the most sensitive information should be classified, like on defence matters.”
Government with a lot to hide
Zaharom Nain, chair of the Malaysian Academic Movement (Gerak), said the main problem in creating an independent oversight body was a government that had much to hide.
“The main obstacle would be an opaque government that has a lot to hide or that does not want its agencies and the civil service to be disrupted and overhauled. Like the present government.
“Disrupting and overhauling would also make civil servants angry and upset, and the government does not want to upset its vote bank,” he told FMT.
He added that the current government, just like Barisan Nasional (BN) governments of the past, had never been transparent. Therefore, there will be no effort to have an independent oversight body.
“This is a government that would not know the meaning of democratic practices even if it tripped over it.”
Last Dec 6, police announced the creation of a special unit to investigate custodial deaths called the Custodial Death Crime Investigation Unit. The unit started work on Jan 1.
This Jan 5, the MACC formed a special internal affairs committee to detect and investigate its officers suspected of being involved in criminal activities.
The move was made by the anti-graft agency following the arrest of several of its senior officers last year for allegedly stealing seized money and for drug-related offences. - FMT

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