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Thursday, April 7, 2016

C4: OSA not meant to punish whistleblowers

The Official Secrets Act (OSA) obstructs the participation of society as it shields information from the public by means of criminalizing whistleblowers.
Cynthia Gabriel
KUALA LUMPUR: By limiting the reporting of corruption to authorities, the Official Secrets Act (OSA) promotes an environment that breeds corruption primarily because secrecy allows for cases to be squashed without an explanation, said the Centre to Combat Corruption & Cronyism (C4) in a statement.
On the other hand, added C4 Founding Director Cynthia Gabriel, exposing corruption to the public creates a democratic space which holds the authorities accountable at every stage of the investigation.
As such, she warned that by criminalizing whistleblowers and by perpetuating an atmosphere that accelerates corrupt practices, Malaysia was increasingly losing its credibility as a democratic nation that upholds justice in a transparent and accountable manner. “We call upon the authorities to stop harassing members of the public and politicians alike, who blow the whistle on corrupt practices that can only destroy the health of our democracy.”
The NGO also called upon the authorities concerned to review the OSA. “They should draw up a moratorium on using it against whistleblowers in cases of public interest.”
“This is a pre requisite for any serious endeavour in cutting corruption in this country.”
C4 was expressing shock at the arrest of whistleblower and Pandan MP Rafizi Ramli. “We strongly condemn the authorities’ rash action to remand him for three days to facilitate investigations under Section 8 of the Official Secrets Act (OSA) 1972.”
“It’s shocking that a member of Parliament was taken away like a criminal at the gates of the august House for exposing a document which shows that the controversial 1Malaysia Development Berhad’s (1MDB) finances had interrupted the Lembaga Tabung Angkatan Tentera’s (LTAT) ability to make gratuity payments in a timely manner.”
As a responsible politician, said Gabriel, Rafizi exercised his duty to the public by blowing the whistle on what appears to be mismanagement and maladministration, and it should be the authorities’ duty to investigate the alleged misuse of power.
Instead, she lamented, the whistleblower was arrested and the alleged corruption was ignored. “The OSA obstructs the participation of society as it shields information from the public by means of criminalizing whistleblowers who expose corruption and mismanagement to the media and public.”
Gabriel pointed out that “this undemocratic action” was in violation of the United Nations Convention against Corruption (UNCAC), which Malaysia signed in 2003 and ratified in 2008.

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