Transparency and accountability...For the last 50 plus years, Malaysian people have been kept in the dark by the BN government. But today we have 4 States that are being governed by Pakatan Rakyat, and it is time for greater transparency and accountability. We need to look at other countries where there is greater transparency and accountability..
In neighbouring Thailand, decisions of the cabinet, i.e. cabinet resolutions are publicized immediately... it is also the same in Bhutan. I say that this should also be done in Malaysia - if not by the BN Federal Cabinet, at least by the Pakatan Rakyat State Excos.
In Penang, the Pakatan Rakyat government has decided to make public some official minutes on the controversial sea front land conversion in Georgetown's heritage zone. But Malaysiakini points out that the same was not done with regard to the Kg Buah Pala issue. Why?
Pakatan Rakyat came in promising greater transparency and accountability - so it is time for all State Exco (maybe even State Committee) minutes to be made public. It surely will also give the rakyat information about what was being discussed, what were the arguemens made, a brief background, and what was the final decision of the State Excos. At the very least, the main decisions should be made public.
In this age of the internet, the best place to place these minutes and decisions are the websites. Press should also be given copies of these minutes and decisions, and maybe the Party's own publications can also carry it in full.
Access to the full minutes will be important for the people. It will also clearly allow for comments to later be made if some necessary factors have not been considered. And, it will certainly keep people in the know - and their right to information will become a reality.
Selective disclosure of certain minutes is not acceptable - we need full disclosure...and no more secrets...
Unfounded and reckless - that's the charge Penang Chief Minister Lim Guan Eng hurled against the accusation of double standards in declassifying the official minutes on the controversial seafront land conversion in Georgetown's heritage zone.
His response came in the wake of the Gerakan and Umno's attacks aimed at the state's declassification move.
The state exco had unanimously agreed yesterday to declassify the minutes detailing the seafront land conversion from leasehold to freehold.
Lim (left) said in a statement that it was the unanimous decision of the state executive council to release the minutes which include minutes of the state Land Committee and Penang Development Corporation (PDC) meetings pertaining to the conversion of 3.5 acres of seafront land in Lebuh Farquhar.
The seafront land, adjacent to the E & O Hotel, has been earmarked a for a luxurious condominiums project by PHH Heritage Hotel Sdn Bhd.
PHH is jointly owned by PDC (49 percent) and YTL Hotels & Properties Sdn Bhd (51 percent).
However, only parts of the minutes would be disclosed with the focus on the decision taken to approve the conversion and reasons to justify it.
The minutes on comments, discussions and deliberations among the state executive council, land committee and PDC board members during the decision-making process however, will not be revealed, Lim had said.
"PHH is a joint venture between the PDC and YTL Hotels & Properties Sdn Bhd... all decisions (on the declassification) of the minutes of executive meetings and the Land Committee was decided and agreed upon unanimously without objection," he said.
According to Lim, former chief minister Koh Tsu Koon had agreed on Jan 18, 2007 in principal to change the plot of land from leasehold and to freehold for PHH on condition that it is developed for "residential and business purposes only".
Lim had come under attack from various quarters for decision, perceiving it to be contradictory to the earlier decision to declassify minutes of the Kampung Buah Pala controversial land deal.
In that declassification, the state government had released minutes of the previous BN administration, disclosing publicly held discussions and deliberations among then state exco members, reasons and decisions made to alienate the village land to the civil society cooperative society - Koperasi Pegawai Pegawai Kerajaan Negeri Pulau Pinang Bhd.
However, Lim's did not reveal minutes of his administration on Kampung Buah Pala' land deal and said that it was because his government did not have any hand in the matter and all decisions were made by the previous BN government.
Kampung Buah Pala, once known as Tamil High Chaparral, was demolished and flattened in September to pave way for a lucrative condominium project undertaken jointly by the cooperative and Nusmetro Venture (P) Sdn Bhd.
Three additional conditions set by PR
According to Lim, the controversial seafront project had been abandoned since YTL presented its development plans in August last year.
"This has attracted the attention of Unesco (United Nations Educational, Scientific and Cultural Organisation) and they asked about the circumstances of this project as it's located in the buffer zone of the heritage site.
"By restoring the project (we are able to) restore the progress and to increase returns for the local government and MPPP (Penang Island Municipal Council).
"(And) I had held several consultations with all parties, including the developer, so the interest of the people and the state government will not be jeopardised," said Lim.
As for the agreement, Lim said three additional conditions have been set which are:
- The height of buildings should follow the guidelines of Unesco's heritage and not exceed five floors;
- All conditions for the change of the leasehold and premium payments for the freehold on the property must be borne by the YTL H & P; and,
Lim said Penang Umno and the BN are still operating within the old-fashioned mentality of the former to measure the performance of the Pakatan government.
- Increase the equity held by PDC by one percent from 49 percent to 50 percent, where costs would be borne by YTL H & P.
He added that the former government's rampant abuse of power is why it is assumed that the Pakatan government will behave in a similar mode.
"Penang state government practices CAT (Competency, Accountability and Transparency) to produce a clean and honest administration, unlike BN which still does not understand the differences that separate the truth from falsehood, right from wrong and dishonesty," he said.- Malaysiakini,21/11/2009, Lim: Allegations against seafront project unfounded
Thailand - as an example the Cabinet decisions for their November 3 meeting [Note that these decisions are in Thai language, and can be easily found in their websites, etc..]
Cabinet Meeting Synopsis -- November 3, 2009
Cabinet Meeting Synopsis (English) -- Mon 9 Nov 2009 16:47:58The cabinet meeting On Tuesday 3, November 2009 has come to the following decision:
The Signing of BIMSTEC Convention on Combating International Terrorism, Transnational Organized Crime and Illicit Drug Trafficking DraftThe Cabinet approved the draft treaty of BIMSTEC Convention on Combating International Terrorism, Transnational Organized Crime and Illicit Drug Trafficking to be signed in the BIMSTEC Ministerial Meeting in Burma and assigned the Ministry of Foreign Affairs to be Thai representative in the draft treaty as proposed by the National Security Council.
Background of the draft treaty
1. At the 1st BIMSTEC Senior Officials’ Meeting during 30-31 July, 2004 in Bangkok, “the working committee of combating international terrorism and transnational organized crime” was established to cooperatively combat international terrorism and transnational organized crime. And in the 4th meeting of the working committee during 22-23 October, 2008 in India, the meeting approved the draft treaty of BIMSTEC Convention on Cooperation in Combating International Terrorism, Transnational Organized Crime and Illicit Drug Trafficking that was drafted by India. Thai representatives were successful in bringing the word “UN Convention” in the preface of the draft treaty and specify international terrorism instead of terrorism in the scope of the convention to be clear and align with Thai’s obligation under the treaty or resolution related to the UN. Nevertheless, the 2nd BIMSTEC Senior Officials’ Meeting on 13 November, 2008 in India could not get the draft treaty signed due to the contradiction with the internal laws of Thailand.
2. The main body of the draft treaty consists of preface and 15 initiatives that the treaty limitation is under the laws and domestic regulation of each member country and defining that the agreement is under related international obligation the member country associated with. Other compositions are the concrete cooperation in combating international terrorism, transnational organized crime and illicit drug trafficking. Furthermore, the draft treaty specifies the mechanism and process of execution under the treaty including the coordination between the laws enforcing agencies, the reporting of coordinating agencies, the confidentiality of the information, the denial of request, the restraining of conflict, the validation, and the withdrawal from the treaty.
The Re-Application of International Telecommunication Union (ITU) Member Council ElectionThe Cabinet approved the two proposals from the Ministry of Information Technology and Communication as follow:
1. Approval of Thailand’s re-application in the election of the ITU member council
2. Assigned the Ministry of Foreign Affairs to gather supported votes from ITU member countries for Thailand’s election application. The Ministry of Information Technology and Communication reported that Thailand should re-apply for the election of ITU member council, which will be elected in the Plenipotentiary Conference at the State of Veracruz, Mexico during 4-22 October, 2010
The signing of Memorandum of Understanding on ASEAN Co-operation in Agriculture and Forest Products Promotion Scheme
The Cabinet approved the draft Memorandum of Understanding (MOU) on ASEAN Co-operation in Agriculture and Forest Products Promotion Scheme as proposed by the Ministry of Agriculture and Cooperatives. And further to be proposed for the Senate approval with an authorized of the Minister of Agriculture and Cooperatives to sign this MOU at the 31st ASEAN Agriculture and Forest Products Ministerial Conference during 7-12 November, 2009 in Brunei Darussalam. Once the Senate approved this OU and there is a need to amend the document that is not a subject matter or not of Thailand’s interests, the Thai representatives are allowed for the execution without further consideration of the Cabinet.The Proposal for Approval of Draft Senior Officials’ Meeting Outcome between Great Mekong Subregion and Japan
The Cabinet approved the draft of Tokyo Declaration with appendix and for the Prime Minister to certify the document as proposed by the Ministry of Foreign Affairs. And if there is a need to amend the document that is not a subject matter or not of Thailand’s interests, the Ministry of Foreign Affairs is allowed for the execution without further consideration of the Cabinet.
The Subject Matter
According to Japan being a host of Great Mekong Subregion and Japan Senior Officials’ Meeting during 6-7 November, 2009 in Tokyo in which the Prime Minister accepted the meeting attendance. The Ministry of Foreign Affairs stated that there will be a certify of Tokyo Declaration in the meeting, which is an outcome document of Great Mekong Subregion and Japan Senior Officials’ Meeting with a topic of “Establishment of a New Partnership for the Common Flourishing Future”. The vision for the future, the key issues, and the meeting mechanism under the coordination frame can be summarized as follow:
1. Japan promised to cooperate in the development of Great Mekong Subregion and admired how the Great Mekong Subregion countries helping each other especially the assistance from Thailand. Great Mekong Subregion Senior Officials also admired Thailand’s promise in the region’s development.
2. The visions for the future include:
- To be a wide-open region with peace and permanent stability under international values as specified in ASEAN Charter
- To be a region with economic development and supporting role towards ASEAN integration and the establishment of a wide-open East Asian community in the long term and
- To be a region of sustainable development together with environment conservation and capable in handling of dangerous threats to human and human’s dignity.
For the authentication of the above visions for future Great Mekong Subregion, Japan insisted on the attempt to cooperate with the region in which the relationship between Great Mekong Subregion and Japan should follow these directions:
- Building on mutually beneficial relationship based on brotherhood, which is a concept that respects freedom and dignity of an individual while respects freedom and dignity of others.
- Enhancing peace and prosperity of ASEAN and East Asia together with the establishment of a wide-open East Asian community in the long term.
- Being a critical partnership politically and economically.
3. The significant areas include 1) The promotion of a complete development in Great Mekong Subregion e.g. infrastructure development, the partnership between public and private sector, and the common economic regulation in the region. 2) The management of challenging issues includes environment and climate change, the management of risky issues such as natural disaster risk and disease dissemination. 3) The tightening of cooperation and exchange comprise of the enhancing of exchanging and discussing, tourism promotion, the conservation of cultural heritage, and the extending cooperation with the existing cooperative frame in Asia-Pacific region.
4. The meeting between Great Mekong Subregion and Japan cooperative frame must be held regularly and the Senior Officials’ Meeting must be held every three years with an alternated hosting by Japan and Great Mekong Subregion countries.
5. The appendix specified details of the concrete application of various intentions under Tokyo Declaration with a focus on assisting and supporting the execution of each issue appeared in the draft of Tokyo Declaration.
The Ministry of Foreign Affairs made an additional comment of this draft treaty as the intention of all parties politically, socially, and security and the appendix as the declaration application details such that this document is not a treaty and not within the scope of Section 190, 2nd paragraph of the Constitution of the Kingdom of Thailand.
--Cabinet Meeting (Abhisit Vejjajiva) November 3, 2009--ryt9.com,Cabinet Meeting Synopsis -- November 3, 2009
And an example of BHUTAN...
Cabinet decisions this week
15 November 2009
Economic Development Policy 2009The cabinet approved the draft Economic Policy of the Kingdom of Bhutan 2009 which was presented by the Ministry of Economic Affairs.The policy incorporated the concerns of all relevant stakeholders, including the private sector.Double taxation Avoidance Agreement with IndiaThe Ministry of Finance presented the draft Double Taxation Avoidance Agreement (DTAA) to be signed with the government of India.The cabinet directed the ministry to carry out further study and come up with more substantive proposal.The first round of negotiation for entering into a DTAA agreement with the Indian government was held in Delhi between August 3 and 7, and the second round of negotiation is expected to be held in early 2010.Establishment of Civil Society Organization (CSO) SecretariatThe cabinet approved a secretariat for civil society organization of Bhutan comprising two civil servants. The secretariat will monitor the activities of the civil society organizations in Bhutan including their registration and finance.Reinstatement of additional one day holiday during Paro TshechuThe cabinet approved an additional one-day holiday during Paro Tshechu. As of now, the civil servants, schools and institutions of the dzongkhag has only three days break during the tshechu. The additional one day holiday was considered in view of the popularity of the tshechu.It was also to ensure that tourists do not outnumber local attendees during the tshechu.
Economic Development Policy 2009
The cabinet approved the draft Economic Policy of the Kingdom of Bhutan 2009 which was presented by the Ministry of Economic Affairs.
The policy incorporated the concerns of all relevant stakeholders, including the private sector.
Double taxation Avoidance Agreement with India
The Ministry of Finance presented the draft Double Taxation Avoidance Agreement (DTAA) to be signed with the government of India.
The cabinet directed the ministry to carry out further study and come up with more substantive proposal.
The first round of negotiation for entering into a DTAA agreement with the Indian government was held in Delhi between August 3 and 7, and the second round of negotiation is expected to be held in early 2010.
Establishment of Civil Society Organization (CSO) Secretariat
The cabinet approved a secretariat for civil society organization of Bhutan comprising two civil servants. The secretariat will monitor the activities of the civil society organizations in Bhutan including their registration and finance.
Reinstatement of additional one day holiday during Paro Tshechu
The cabinet approved an additional one-day holiday during Paro Tshechu. As of now, the civil servants, schools and institutions of the dzongkhag has only three days break during the tshechu. The additional one day holiday was considered in view of the popularity of the tshechu.
It was also to ensure that tourists do not outnumber local attendees during the tshechu.- Bhutan Observer, 15/11/2009, Cabinet decisions this week
The declassified minutes on the conversion of PDC Heritage Hotel released on Saturday by Lim Guan Eng administration reveal that the PDC Heritage Hotel site is a foreshore land.
ReplyDeleteForeshore is the area that is exposed to the air at low tide and underwater at high tide. For development on coastal zone, a construction setback of 60 m is normally observed. Setback is a guideline to developers on how far to site permanent structures behind the shoreline in order to avoid problems with short-term coastal response and flooding problems during rough weather.
If strictly follow the guidelines from Department of Drainage and Irrigation Circular 1987, no permanent structures should be permitted within this setback zone.Guidelines for the width of the setback zone arise from Department of Drainage and Irrigation Circular 1987, which specifies 60m on the open coast. The 60 m setback create a costal buffer zone that should be remain in public domain. This coastal buffer zone effectively allow public access to the foreshore.
The land of any development site that fail to observe this requirement should be considered as a foreshore land. Or put it in another word, the land of any development site that fall within the 60 m setback from the foreshore line is consider as a foreshore land.
The minutes on the land conversion reveal that the state legal advisers had reminded LGE that the site is a foreshore land that under the National Land Code proviso, it can not be converted from leasehold to freehold status. In converting the land, Lim Guan Eng has referred to section 76(aa)(iii) of the NLC which says land could be converted “where the State Authority is satisfied that there are special circumstances which render it appropriate to do so” . What is the special circumstances that LGE referred to in justifying the land conversion?
The special circumstances that Lim Guan Eng has cited for justifying the conversion is as follows:
1) That the project was neglected and in an “abandoned” state.
2) That the equity held by PDC has been raised from 49% to 50%
3) That the cost of equity conversion is borne by YTL Hotels & Properties Sdn Bhd
Lim Guan Eng failed to address public concern over the sell of our foreshore land to private interests.
On Oct 15,2008, in a press statement, Lim Guan Eng has promised that the state government would not follow the footstep of his predecessor in circumventing the National Land Code proviso that prohibit the conversion of foreshore land from leasehold to freehold status. The sad truth is that the Chief Minister who once fought alleged land scams committed by the previous state government, is now personally involved in a questionable land conversion. This is a treacherous betrayal on the people by Lim Guan Eng.
Lim Guan Eng hoped by releasing the minutes on the land conversion, he can divert the attention of the people on the questionable land conversion. As usual he took the opportunity to blame Koh Tzu Koon for the land conversion. If Guan Eng sincerely believe that what Koh Tzu Koon did is wrong, he should not go ahead with the land conversion. This is probably the most disturbing incident came after Lim Guan Eng openly promised not to cheat Penangites of their foreshore lands. Disturbing because Lim Guan Eng love to continue what Koh Tzu Koon did, but will blame the later when being criticized for whatever decision he made.
It is important for Penangites to understand why he made the decision that he's made, Lim Guan Eng should walk Penangites through the reasoning why that decision was made. The special circumstances that Guan Eng has referred to is hardly special at all.