Official Secrets Act - The Last Refuge Of Plunderers.

The classification under the Official Secrets Act (OSA) of government documents on subjects of public interest, such as water and toll concession agreements, is perplexing to some rights advocates.

Human rights lawyer Edmund Bon said that unless the documents might prejudice the national interests and security, the government has no reason to hide them from the public.

"Only documents such as defence or military-based information should be kept secret," he said.

Bon pointed out that the government had declassified documents before to better explain a particular issue to the public. He cited an instance last year when confidential letters between Malaysia and Singapore pertaining to the crooked bridge were made public.

"So why (don't) they reveal the toll and water agreements, which are relevant to the allegations of corruption and unjustifiable (toll and water tariff) hikes?" he asked.

Universiti Sains Malaysia communications associate professor Dr Mustafa K. Anuar said the initial intention of the OSA was to cover only documents that 'strictly concern the country's defences and security'. "This was the intention, anyway, of the OSA of 1972, until it was amended in 1987,when the term 'Official Secrets' came to encompass any government document," he said.

On Jan 16, the Coalition Against Privatisation of Water applied for a court order to make public the state's agreement with Syarikat Bekalan Air Selangor Sdn Bhd (Syabas) -- the concessionaire for privatised water supply services in Selangor, Putrajaya and Kuala Lumpur -- and the Auditor-General's report on Syabas' reduction of non-revenue water (NRW).

However, Energy, Water and Communications Minister Datuk Seri Dr Lim Keng Yaik responded that he was prevented by the OSA from making the concession agreement public.

Echoing this last week, Works Minister Datuk Seri S. Samy Vellu said the cabinet had decided not to make public the highway concessionaire agreements.

He was commenting on the call to make public such agreements, after the Coalition Against Toll Hike (Protes) last month revealed the agreement with Lingkaran Trans Kota Sdn Bhd, which operates the Lebuhraya Damansara-Puchong (LDP), and argued that such deals were unfair to the public.

Toll rates on five highways -- LDP, Shah Alam Highway, Cheras-Kajang Highway, KL-Karak Highway and Guthrie Corridor Highway -- were raised by 30% to 70% on Jan 1.

Mustafa said the public rightly expects transparency and accountability in the government's agreements with concessionaires, especially when rising rates affect a large number of people.

"It requires a mental leap to believe that public disclosures of such deals can jeopardise national security or defences. In fact, one is tempted to wonder at this juncture, whose security or interests would really be put at risk by public revelation and scrutiny," he said.

Bon said that not all documents are automatically categorised as official secrets (see graphic) and urged the government to provide evidence to show that the water and toll concession agreements were classified under the OSA. "They were agreements between individual companies and the government. So unless they have been classified under the OSA, they do not fall under the Scheduled Official Secrets."

Bon said Malaysia should emulate India, which recently enacted a Freedom of Information Act (FIA). Under this Act, he said, all matters are accessible to the public, except a small category, which can still be subject to judicial review.

Mustafa deemed the FIA "long overdue" in Malaysia, especially under the present administration that officially espouses the virtues of transparency, accountability and good governance. (Pauline Puah, TheSun)

***** So from the above it is very apparent that the government is cowardly hiding behind an unjustifiable law to cover-up its own misdeeds and more. And from whom is it hiding all the sordid details from? The very people who put these pemimpin in power by voting for them! Is this what real democracy is all about when a couple of hundred politicians aided and abetted by some civil servants officially loot the nation's wealth and hold the country to ransom by citing inappropriate laws? God bless Malaysia and her sorry citizens.
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