The group said the establishment of such a commission, which reports directly to Parliament, would form the backbone of a strong framework that upholds the right to information.
“It must act as a watchdog to ensure that the public’s right to know is upheld and that public bodies cannot arbitrarily deny access to information,” it said in a statement.
Signatories to the statement comprise more than 50 organisations, including the Centre for Independent Journalism, Article 19, Sinar Project, SIS Forum (Malaysia), the North South Initiative, along with over 20 activists and individuals.
The group stressed that the commission, whose functions and powers are vital to make the right to information enforceable, must be well-resourced and empowered to resolve appeals, order disclosure, and enforce standards for proactive publication.
“The commission should also play a crucial role in raising public awareness, promoting the right to access information and ensuring that government agencies uphold their obligations.”
The group highlighted that the effectiveness of the commission’s powers, functions and responsibilities relies heavily on the appointment of its members, or commissioners.
It added that these individuals must possess integrity and have expertise in law, human rights, or the right to information.
“The commissioners must be appointed through an open and transparent parliamentary process, with equal gender representation and inclusive of various stakeholders,” it said.
The group also said to maintain its independence and impartiality, the commission must not include civil servants and members of political parties.
Without an independent oversight mechanism with binding and enforceable powers, the group said the government would remain both the gatekeeper and arbiter over access to information.
“This would be a direct conflict of interest that undermines the proposed law’s credibility and effectiveness.”
The group said the effective implementation of the proposed FOI law, which is expected to be tabled in the Dewan Rakyat next month, also requires cohesive reforms to ensure that no existing legislation hinders its impact, including the Official Secrets Act, the Penal Code, the Whistleblower Protection Act, and the Personal Data Protection Act.
“In the longer term, the government must also commit to reviewing and removing the broadly worded ‘obligation of secrecy’ provisions under other laws, which unjustifiably impose a blanket ban on disclosure of information held by entire agencies/bodies.”
The group also called for public bodies to establish clear guidelines for managing and disclosing information, provide training on transparency obligations, and create accessible channels for the public to request information.