Resident Coordinator's (a.i) speech: Forum - International Day for Universal Access to Information 2022

Ms. Wathshlah G. Naidu, Executive Director, Centre for Independent Journalism

Colleagues from UNESCO, Centre for Independent Journalism, and the Legal Affairs Division under the Prime Minister’s Department

Distinguished speakers, and participants.

A very good morning and Selamat Pagi to you all.

I would first like to congratulate the co-organizers for holding this important forum in commemoration of the International Day for Universal Access to Information – the Legal Affairs Division under the Prime Minister’s Department, UNESCO, and Centre for Independent Journalism.

Access to information is fundamental in any society, and in recognizing its significance, the 74th UN General Assembly proclaimed 28 September as the International Day for Universal Access to Information at the UN level in 2019. This year’s UNESCOs Global Conference took place in Tashkent, Uzbekistan on the 28th and 29th of September and included around 1,500 in-person and virtual participants.  Today’s forum today is one of hundreds of events taking place around the world .

Ladies and Gentlemen,

To participate effectively in decision making, citizens need to be able to access the information that Governments use to determine policies and make decisions. Respecting the right to information fosters a culture of openness and accountability and encourages responsible use of public resources. It serves to build public trust and ensures accountability in State institutions.  And it gives individuals greater control over their personal information.

International human rights law specifically recognizes the right of access to information. Article 19 of the International Covenant on Civil and Political Rights protects everyone's right to seek, receive and impart information of all kinds.

As public bodies make increasing use of digital solutions, with Artificial Intelligence being used to support the delivery public services and decision making, it is essential that the design and implementation of these tools are transparent, ethical, and accountable. People have the right to know how the algorithms affecting their lives are designed and what kind of data is collected about them. This is true not only for governments, but also for technology companies and platforms.

While virtual spaces offer boundless opportunities, they also come with risks. For example, a recent UNICEF study documented the online harassment of children in Malaysia, causing mental and psychosocial ill-health and stress. We may also need to step up our training so that users are very well familiarized with the complex surrounding new information pathways.

The 2022 edition of the International Day for Universal Access to Information is an opportunity to discuss pressing issues related to e-Governance and Artificial Intelligence with a view to assuring the Right to Access Information. 

We are grateful for UNESCO for taking the lead on this, as a specialized UN agency with the mandate to promote the free flow of information. Apart from the celebration of the International Day, UNESCO provides training  and a platform for all stakeholders to participate in international discussions in the constantly evolving area of access to information.

UNESCO has been mandated by its Member States to monitor and report progress on Sustainable Development Goal (SDG) Indicator 16.10.2 on Public Access to Information. Every year, UNESCO conducts its Survey on Public Access to Information to track progress  and I invite you all to consult the 2022 survey, which gathered responses from 122 countries.

Ladies and Gentlemen,

Human rights are best protected by law based on international standards. Today, more than 135 countries and territories have adopted the right to information legislation. In 1990 we had just fourteen. This is a near ten-fold increase.

The right to information is most fully realized when access to governmental information is guaranteed by legislation. All information held by public bodies should be subject to disclosure and States should seek to disclose information proactively. The core underpinning principle is maximum disclosure with limited exceptions.  This means that legal provisions granting access should be interpreted as broadly as possible, and supported by a general presumption of disclosure,  the right to information should apply broadly.

Of course, this right, just as the right to freedom of expression from which it is derived, is not absolute and governments may legitimately withhold certain information. However, exceptions should be crafted and interpreted as narrowly as possible. Importantly, provisions that allow the public interest to override disclosure should only apply where the harm demonstrably outweighs the overall  interest in disclosure.

In addition to these basic principles, I would highlight three important aspects of the implementation of the right to information framework.

First, it is important to have a clear procedural framework designed to facilitate access in an efficient, user-friendly and affordable manner. If an information request is refused, the public body should be required to contact the requester and provide them with an explanation and information about their options for appeal.

Second, a strong system should include a specialized oversight body, such as an information commission or commissioner, with the power to hear and determine appeals against refusals of access or other infringements of the law. This is as well as wider powers and adequate resources to implement the law.

Third, an effective right to information  laws must include administrative rules to  facilitate effective implementation at state and subnational levels. These should include obligations to appoint specialized officials to receive and process requests, to provide training to their staff, to maintain their records, and to report annually on implementation the law.

Ladies and Gentlemen,

Before I end, I emphasize - and this is particularly important for the digital age – ensuring that all individuals can seek, receive, and relay information. This means providing content in local languages, in different formats as well as fostering media and information literacy skills to enable individuals to critically and effectively engage, to combat disinformation.

On a very final note, I want on behalf the United Nations in Malaysia to express our appreciation to the Legal Affairs Division under the Prime Minister’s Department for spearheading the government’s commitment in moving forward with the legislation of a new federal RTI law.

Consultations with various stakeholders has been ongoing since 2019 and hope that progress will be made in the near future.

I wish all of you a productive workshop ahead.

Thank you.