Country: Malaysia
Further insights from Armenia, Guatemala, Malaysia, Niger, and Tunisia illustrate access to information challenges
December 10, 2024 – New research from Transparency International Defence & Security (TI-DS) underscores the need for better access to information in the defence sector to curb corruption, ensure accountability, and improve civic engagement.
Published today, Unlocking Access: Balancing National Security and Transparency in Defence shines a light on opaque defence sectors worldwide at a time of increased geopolitical tensions and global military spending reaching record highs of $2.4 trillion.
The report highlights challenges and good practices of transparency in defence budgets, procurement and policy processes using detailed case studies from Armenia, Guatemala, Malaysia, Niger, and Tunisia. The countries are at varying stages of progress in advancing access to information in their defence sectors and face a range of challenges, including conflict-driven secrecy, democratic backsliding, and stalled reforms.
Our analysis reveals that while international frameworks provide guidelines for transparency, implementation remains weak. Blanket national security exemptions are often used to justify withholding critical information, while public interest tests designed to balance the benefits of disclosing against the potential harm are mostly absent.
This lack of transparency increases the risk of corruption, mismanagement of funds, and fuels public distrust of the very institutions tasked with protecting citizens.
Michael Ofori-Mensah, Head of Research at Transparency International Defence & Security, said:
“The defence sector remains one of the most secretive corners of government, making it a breeding ground for corruption. Striking a balance between national security and the public’s right to know is crucial to ensure accountability, but far too often governments tip the scales towards secrecy. It’s time for transparency to be the rule, not the exception.”
Case study insights
Armenia has kept high levels of defence spending because of its decades-long conflict with Azerbaijan over the Nagorno-Karabakh territory, which recently concluded with major losses for Armenia. Access to information was enshrined in a 2003 national freedom of information law but has been severely curtailed by the 2024 states secrets law, which prohibits the release of information related to most defence spending.
Guatemala has endured a growing corruption crisis for the past decade, as the presidency and the powerful Public Prosecutor’s office stifled anti-corruption efforts, forced anti-corruption officials into exile, and blocked potential reform candidates from elections. As the Secretariat for Access to Public Information is required to work with the Prosecutor’s Office on access to information enforcement, implementation of the law has faltered until now.
Malaysia saw a peaceful power transition in 2018, but governance reforms – including access to information – have stalled, with the Official Secrets Act 1972 (OSA) severely limiting access to information. The OSA functions as the de facto national framework for access to information and overrules any other legislation on information access. There is little knowledge about the defence budget or expenditures, and almost no publicly available information about acquisition planning.
Niger experienced a military coup in July 2023 that has led to increased violence, stark reductions in foreign assistance, and a severe curtailing of access to information and other democratic rights. Even prior to the coup, defence income and military spending were mainly non-transparent, as were defence purchases. But a new far-reaching law was passed in 2024 that excludes all defence matters from public procurement, public accounting, and taxes.
Tunisia has seen democratic backsliding since 2021 which reduced government transparency. Though a strong access to information law exists, defence-related information is often kept confidential. Still, Tunisia has a strong access to information law, with an effective independent oversight body that has helped to implement the law throughout the public sector.
The report offers specific recommendations for each of these five countries to improve access information which broadly fit into these categories:
- Balancing tests: Legal frameworks should require officials to assess the public interest versus potential harm before withholding information.
- Proactive disclosure: Governments should regularly and proactively publish defence budgets, procurement plans, and financial results to enhance accountability.
- Independent oversight: Review bodies should be established to monitor and adjudicate disputes over information access.
- Civil society engagement: Defence planning and policymaking should be open to civil society for broader input and oversight
Notes to editors:
The case studies in Unlocking Access were produced using an updated version of our Government Defence Integrity Index 2020 – the leading global assessment of the governance of and corruption risks in defence sectors. The data was supplemented by interviews with local experts, and the review of policy reports and media investigations.
French and Spanish versions of this press release are available.
Despite widely agreed international standards for access to information in the defence and security sector, transparency remains insufficient to ensure accountability. National security exemptions are frequently applied in vague and undefined ways, limiting the release of precise, timely and detailed information that is crucial for understanding how government is functioning and protecting public interest, especially in areas as fundamental as national security.
Read the launch press release:
Information exchange within government facilitates various types of accountability – from parliamentary scrutiny of executive decisions, to audits of the government’s use of public funds as well as disciplinary sanctions for public officials. More importantly, information disclosure to the public by government bodies also forms the foundation for meaningful citizen engagement and accountability. This is true not just for voting and activism, but for interest in the policies that determine the course of daily life, including whether the security forces are absent, overmilitarised, or well-balanced.
Legitimate national security interests are best safeguarded when the public is well-informed about government activities, including those undertaken to ensure safety and protection. Access to information enables public scrutiny of government action and facilitates public contribution to policymaking and national debate, thus serving as a crucial component of genuine national security, democratic participation, and sound policy formulation. Access to information is also a specific aspect of governance that involves the intentional disclosure of information. These policies require the release of information that is relevant to the public, and is also accessible, accurate and timely.
This report provides an overview of the state of defence transparency and access to information related to defence and security sectors worldwide, drawing on the Government Defence Integrity (GDI) database on institutional integrity and corruption risk. In light
of increasing global military spending (with a new world record of $2.443 trillion recorded in 2023) the overarching focus is on access to defence-related financial information, as transparency and appropriate oversight of defence finances remain critical for public
accountability, among others.
Further, this report also includes a review of global standards for transparency that apply to the defence sector, specifically the UN Convention Against Corruption (UNCAC) and the Global Principles on National Security and the Right to Information (or Tshwane Principles). This is coupled with specific exploration of five country cases (Armenia, Guatemala, Malaysia, Niger, and Tunisia) and insights from their legal frameworks and implementation experiences. It concludes with recommendations for good practice to enhance access to information.
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As members of the Association of Southeast Asian Nations (ASEAN) gather this week in Laos for the 44th and 45th ASEAN Summits, this blog by Yi Kang Choo, our International Programmes Officer, explores the concerning absence of a strong focus on corruption risks – particularly in the region’s defence and security sectors.
Given the steady rise in military spending in the region, the ongoing civil war in Myanmar, and heightened tensions over territorial and maritime disputes in the South China Sea involving ASEAN nations, a discussion about how to root out corruption, and increase resilience to it, in these sectors seems overdue.
Transparency International Defence & Security (TI-DS), alongside national TI Chapters in Indonesia (TI-ID) and Malaysia (TI-M) urge ASEAN states to recognise the pressing threat that corruption in the defence sector poses to regional peace and security. As Malaysia prepares to take on the role of ASEAN Chair in 2025, Transparency International Malaysia specifically highlights the crucial need for Malaysia especially to champion collective anti-corruption initiatives, particularly within defence and security sectors across the region. Malaysia needs to use its leadership by demonstrating that it is executing its national anti-corruption strategies with greater transparency and how such initiatives will help the ASEAN region as a whole.
Recent data from the Stockholm International Peace Research Institute (SIPRI) highlights that global military expenditure reached a record high of $2.443 trillion in 2023, with ASEAN member states seeing an average rise of 2.34% since 2022. As our research shows, increased defence spending without appropriate oversight often correlates with rising corruption risks. In systems already susceptible to corruption, an influx of funds is most likely to benefit corrupt actors, creating a self-perpetuating cycle that prioritises private gains over peace and security outcomes.
Our Government Defence Integrity (GDI) Index shows nearly half of all ASEAN member states face high to critical corruption risks in their defence sectors. This includes Malaysia, the incoming ASEAN Chair in 2025. Corruption can severely undermine the reliability and quality of military infrastructure and equipment, divert critical public resources, and compromise the safety and operational effectiveness of armed forces during potentially critical situations.
Additionally, effective civilian oversight of defence institutions remains limited across the region, especially given the restrictive civic spaces in all ten ASEAN countries, which have been categorised as ‘closed’, ‘repressed’, or ‘obstructed’ according to 2023 CIVICUS Monitor rating.
To address these urgent challenges, TI-DS calls on ASEAN member states to:
- Recognise and respond to corruption as a threat to peace and security – Corruption exacerbates inequalities within and between nations, fuelling conflicts and geopolitical tensions. ASEAN must prioritise strengthening governance systems, embedding corruption safeguards, and building integrity within its armed forces into defence and security decision-making.
- Create mechanisms for meaningful civil society engagement and effective parliamentary and civilian oversight in defence and security sectors – To ensure these sectors operate under effective scrutiny and accountability, civil society must be empowered to fulfil its role as critical observer in an independent, protected and effective manner. This includes the protection of civic space and ensuring public access to information, also in defence and security, with restrictions on the grounds of national security only applied on well-justified, exceptional circumstances. Additionally, whistleblowers and investigative journalists must be protected from retaliation, particularly when transparency serves the public interest over secrecy.
- Implement robust anti-corruption controls for arms transfers – Governments must conduct thorough corruption risk assessments for arms deals and ensure recipient countries uphold strong anti-corruption standards. Measures must be taken to prevent arms from being diverted and misused. (Read our briefing paper to learn more about how arms trade loopholes enabled crimes against humanity in Myanmar.)
Against the backdrop of heightened security risks, we call for ASEAN governments to prevent further risk for conflict and tensions through taking anti-corruption and its risks to defence, peace and security seriously, as well as to fully acknowledge the role of civil society in embarking on this vital endeavour for the region.
Notes to editors:
ASEAN Member States including Indonesia, Malaysia, Thailand, and Myanmar feature in Transparency International Defence & Security’s 2020 Government Defence Integrity Index (GDI).
The Index scores and ranks countries based on the strength of their safeguards against defence and security corruption.
Malaysia and Indonesia appear in band ‘D’, indicating a ‘high’ risk of corruption, whereas Thailand appear in band ‘E’, indicating a ‘very high’ risk of corruption, and Myanmar in band ‘F’, indicating a ‘critical’ risk.
Access to information is a cornerstone of healthy, accountable and transparent societies and essential for democracy.
By improving the public’s ability to obtain and use government-held information, citizens are empowered to participate fully in democratic processes, make informed decisions, and hold their leaders accountable.
Access to information is vital in all public sectors, but particularly so in defence and security where high levels of secrecy combined with substantial public budgets greatly increase the risk of corruption. Transparency and access to information in this sector provides a crucial bulwark against the misuse of funds, ensures accountability, and maintains public trust.
Ahead of Access to Information Day 2024, we’re excited to share details of our upcoming report which provides a comprehensive overview of the state of defence transparency and access to information worldwide.
Our report aims to strengthen accountability by enhancing access to defence information, in line with our broader goal to ensure informed and active citizens drive integrity in defence and security.
Utilising our Government Defence Integrity (GDI) 2020 database, which assesses institutional integrity and corruption risks, the report offers a detailed assessment of global defence transparency and access to information, with a focus on defence finances including budgeting information and spending practices. This is particularly urgent in an era of increasing military spending. The latest defence spending data from the Stockholm International Peace Research Institute (SIPRI) shows world military expenditure rose for the ninth consecutive year to an all-time high of $2.443 trillion in 2023. This represents an increase of 6.8 per cent in real terms from 2022, which is the steepest year-on-year increase since 2009.
Additionally, the report also includes a review of global standards for transparency that apply to the defence sector. This is coupled with insightful case studies from Niger, Tunisia, Malaysia, Armenia and Guatemala and a review of good practices. The report concludes with recommendations to enhance access to information in particular contexts.
We look forward to sharing the full report and the accompanying case studies shortly. Updates on the launch date will be provided via our X/Twitter and LinkedIn accounts.