Release of the Report by the Council of Eminent Persons

30th March 2019

URGENT Press Release – by CSOs Platform for Reform together with other NGOs on the Release of the Report by the Council of Eminent Persons

We, the undersigned civil societies view with deep concern the statement by Deputy Minister in the Prime Minister’s Department Mohamed Hanipa Maidin that the report by the Council of Eminent Persons has been classified secret under the Official Secrets Act 1972 (OSA).

The bedrock of the Pakatan Harapan government must be reform, as promised in their manifesto and as chanted at all the Pakatan Harapan rallies held before the election.

We need reform of the country’s key institutions such as Parliament, the judiciary and the police. We desperately need reform of the many repressive laws that have been abused time and time again by the previous government.

The OSA is one of those many repressive laws. While we acknowledge that every government needs to be able to keep certain documents confidential in the interest of the nation’s security and wellbeing, we state categorically that the current OSA cannot be the law that is used to do so.

The OSA is a deeply flawed law that has been misused and abused to hide criminal acts and government misconduct. It has been used to classify all manner of documents secret, including highway and water concession agreements, city council minutes and the air pollution index.

The OSA, as it stands, is the ultimate symbol of a government with something to hide, and that has no interest in being held accountable.

The fact that a Pakatan Harapan deputy minister is justifying its use to keep secret a report that was crafted for the very purpose of aiding in the reform process, rings alarm bells for civil society about this government’s commitment to reform.

Pakatan Harapan must not commit another U-turn, especially where the reform is fundamental to a

robust and lasting democracy. The OSA must be reviewed to limit and restrict the scope in which can be invoked. Also, a Freedom of Information Act must be enacted, as promised in the Pakatan Harapan manifesto, to counterbalance the OSA.

In line with civil societies stand that information of interest to the nation must be freely available and accessible to all, civil societies and individuals who have contributed to the Institutional Reform Committee shall provide our individual submissions for public consumption.

Furthermore, we call on the Pakatan Harapan administration and politicians from both side of the political divide to commit to:

1) Conduct a comprehensive review of the Official Secrets Act 1972 to bring it in line with international standards on freedom of information and to limit its applicability to matters pertaining to national security, defence, international relations and other narrowly defined criteria;

2) Enact a Freedom of Information Act without delay;

3) Release the Institutional Reforms Committee report, that was prepared under the auspices of the CEP, to the public;

4) Release the CEP report to the public, with sensitive financial and other confidential information redacted, if necessary.

Endorsed by:
1 Agora Society
2 Aliran Kesedaran Negara (ALIRAN)
3 All Women's Action Siciety
4 Association of Women Lawyers
5 BERSIH 2.0
6 Beyond Borders
7 Centre for Independent Journalism (CIJ)
8 Centre to Combat Corruption and Cronyism ( C4)
9 Childline Malaysia
10 Eliminating Deaths and Abuse In Custody Together (EDICT)
11 ENGAGE
12 Foreign Spouses Support Group
13 Friends of Kota Damansara
14 Gabungan Pembebasan Akademik IPT
15 Galen Centre for Health & Social Policy
16 Gerakan media Merdeka (Geramm)
17 Global Bersih
18 Green Friends Sabah
19 Health Equity Initiatives (HEI)
20 Health Equity Initiatives.
21 IDEAS
22 Jaringan Kampung Orang Asli Semenanjung Malaysia (JKOASM)
23 KL & Sel Chinese Assembly Hall
24 Knowledge and Rights with Young people through Safer Spaces
25 KRYSS
26 LLG Cultural Development Centre
27 Malaysia Muda
28 Malaysian CARE
29 Monsoons Malaysia
30 Muslim Professionals Forum (MPF)
31 My Pj
32 National Human Rights Society (HAKAM)
33 PACOS Trust, Sabah
34 Penang Heritage Trust
35 Pergerakan Tenaga Akademik Malaysia (GERAK)
36 Persatuan Kesedaran Komuniti Selangor (EMPOWER)
37 Persatuan sahabat wanita selangor (psws)
38 Project Liber8
39 Pusat KOMAS
40 Sahabat Rakyat
41 SAVE Rivers
42 Saya Anak Bangsa Malaysia (SABM)
43 Sinar Project
44 Sisters in Islam
45 SM Muthu Kota Kinabalu
46 Suaram
47 Tanjung Bungah Residents Association (TBRA)
48 Tenaganita
49 Teoh Beng Hock Trust for Democracy
50 The Society for the Promotion of Human Rights (PROHAM)
51 Toy Libraries Malaysia
52 UMANY
53 Women' Center for Change
54 Women Development Organisation Malaysia
55 Women’s Aid Organisation