PETALING JAYA: Transparency International Malaysia (TI-M) has welcomed the government’s plan to introduce a Freedom of Information (FOI) law but warned it will only be effective if paired with an independent ombudsman empowered to enforce disclosure and investigate maladministration.
TI-M president Raymon Ram said independent oversight is crucial to prevent public access to information from being left to the discretion of the very agencies expected to release it.
“An independent ombudsman is essential to the success and credibility of the FOI law.
“TI-M has consistently called for an autonomous federal ombudsman with real investigative authority to address maladministration and uphold the right to information.
“This body must be a strong and impartial watchdog, capable of receiving complaints, reviewing agency decisions and compelling disclosure when information is unjustifiably withheld.
“Without such oversight, the government risks being both gatekeeper and judge of its own transparency – a fundamental conflict of interest,” Raymon told theSun yesterday.
His remarks followed Prime Minister Datuk Seri Anwar Ibrahim’s announcement during his New Year address at the Prime Minister’s Department monthly assembly yesterday.
Anwar had said the government planned to table both an Ombudsman Bill and an FOI law later this year.
The former would enable the setting up of an independent watchdog to investigate complaints against agencies and officials, while the latter would allow the public to request government documents such as tenders, contracts and public projects to prevent abuse of power, while safeguarding matters related to national security and intelligence.
Raymon said TI-M strongly supports both an independent information commission to oversee the FOI regime and a separate federal ombudsman to investigate maladministration, including cases where information is withheld.
“At minimum, if a public agency refuses requested information, citizens should have a clear right to report it to the ombudsman for investigation and redress.
“Both oversight bodies must be independent, report directly to Parliament, and be shielded from political interference.
“Without enforceable powers, the FOI law risks being hollow and ineffective.”
Raymon, however, cautioned that limiting the FOI law to tenders, contracts and public projects would leave transparency gaps.
“A robust FOI Act must guarantee the rakyat’s right to know across all areas of public governance to prevent corruption and ensure meaningful accountability.
“If the law applies only to selected sectors, significant abuses may remain hidden elsewhere. Exemptions for national security or official secrecy must be tightly defined, not blanket exclusions,” he said, citing TI-M’s endorsement of Article 19, the Principles on Freedom of Information Legislation.
Raymon also urged Parliament to examine how the FOI law would interact with existing secrecy provisions, particularly the Official Secrets Act.
