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Yellow Pad; Greater Government Transparency - NGOs - Global policy Forum Yellow Pad;
Greater Government TransparencyBy Nelson A. Malaluan
Business World (Philippines)
June 25, 2002A group of nongovernment organizations recently got together to initiate a campaign for the passage of a law on the peoples' right to access official information on matters of public concern. Calling themselves the Access To Information Network, the network is composed of NGOs working on different issues, with different constituencies, and at different locations. The group is committed to expand the network and reach out to other NGOs, people's organizations, government officials, the private sector, and concerned individuals.
It has been noted that, while engaged in their individual spheres of work, the members of the network have the common experience of finding it difficult to access certain important official information from government bodies. This only confirms that despite the Constitutional guarantee giving the people the right to information on matters of public concern, denial of access to information remains widespread. There are two common reasons why many government offices remain resistant to full transparency. One is the tendency to shirk additional administrative responsibility. When the information is not in the processed, readily available form, affording the public access to such information often requires additional work. Providing access is seen not as part of the regular duties, but as a favor subject to the custodian's discretion and convenience. The other is having a vested interest in the non-disclosure of information. We can expect denial of access when the information has some relation to an anomaly or irregularity in the official transactions of an office or its officers and employees. The agency withholds the information to protect the public officers concerned from embarrassment, or from criminal or administrative liability. There are also times when the information is controversial and opens the agency to questions and criticisms. In these instances, the agency often takes an adversarial posture against the requesting public. Especially when the agency believes in the propriety of their actions, bad faith is imputed to the information user, and access to information is denied.
The Access to Information Network hopes to contribute to breaking this resistance to full transparency. A continuing commitment is to help generate a greater public awareness of the right to information. A lot of the requesting public still consider access to information a privilege. Public awareness is crucial so that the public can actively claim the right to information and be on guard against any undue limitation of the right.
For the immediate term, however, the campaign will focus on advocating legislation that will address existing gaps in the law on access to official information. The network is close to finalizing a draft bill that it will lobby the Congress to pass. This bill has the following key features:
* It puts in place a uniform, simple, and speedy procedure in enforcing the right to information
* It provides clear penalties for the unlawful denial of access to official information * It clarifies further the scope of the guarantee
* It introduces mechanisms to compel government bodies to actively inform the public on matters of public concern
While enacting this bill appears non-controversial, its importance in public life cannot be overemphasized. The people's right to official information is an indispensable element of a functioning democracy. The ideal of a "government by the people" presupposes that the people have access to information on matters of public concern in order to effectively exercise its governing power. As observed by the Philippine Supreme Court in one case (Baldoza vs. Dimaano, Adm. Matter No. 1120-MJ, 5 May 1976), "(T)here can be no realistic perception by the public of the nation's problems, nor a meaningful democratic decisionmaking if they are denied access to information of general interest." The free flow of information about the affairs of government paves the way for debate in public policy, and fosters accountability in government.
The people's right to official information is not only a political imperative. It is also essential in economic life. A free flow of official information results in better government policies. It provides the institutional foundation for a more responsive government planning by enhancing the capacity of the public to provide timely feedback to government. The availability of official information widens the base for the generation of more knowledge about key development issues, not only by researchers and academic institutions, but also by the public at large. It promotes constructive and informed debate between and among government and stakeholders, and builds consensus around policy objectives and design. All these promote more informed government interventions supported by a solid and broad-based constituency.
A free flow of official information is also a vital safeguard against corruption and rent seeking in government. The economic costs of corruption and rent seeking are well known. There is loss in consumer surplus arising from higher prices, as well as the wasteful shifting of resources from productive to non-productive activities such as influence peddling and bribery. Secrecy in government makes corruption and rent seeking flourish. It gives government officials and rent seekers alike a wider room for maneuver and a greater cover for any evidence in corruption. In contrast, transparency exposes the vested interests involved, leads to the identification of corrupt officials, and eventually develops a more level playing field among economic actors.
Finally, a free flow of official information enhances economic performance. The availability of information on official rules, policies, programs, and resource allocation enables the private sector to make sound long-term economic decisions. This, in turn, advances economic efficiency and competitiveness.
In sum, there are clear political and economic basis for making the passage of this bill a priority of government. Hopefully the bill will find broad, bipartisan support in Congress, and be certified as urgent by the President.
The author is senior policy analyst and member of the Management Collective of Action for Economic Reforms, an independent policy research and advocacy group focusing on macroeconomic policy and governance issues.
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