EYE ON ETHICS

When a door closes, a window opens.

However, the window for the Freedom of Information (FOI) bill is about to shut as well.

The FOI bill can only be ratified until Friday, June 4, right before the House of Representatives adjourns sine die. But the 14th Congress still needs to canvass the votes for the President and the Vice President.

If Congress fails to ratify FOI bill within that period, the bill goes back to square one. Its advocates will have to lobby again, this time the 15th congress.

The FOI bill, if enacted into law, guarantees access to data held by the state in all its affairs, and provides penalties for officials who fail to disclose or release the requested information. This bill is supported by Article 3 Section 7 of the Bill of Rights which recognizes the people’s right to know on matters of public concern.

Fourteen years after the bill was first submitted to the legislative department, the FOI bill was finally approved by the bicameral conference committee and ratified by the Senate February of this year, just before it adjourned for the elections.

According to reports, however, the members of the House of Representatives failed to ratify it because of the lack of quorum. This is the nearest the FOI bill has reached prior to passing.

The failure of leadership

Meanwhile, advocacy groups, lobbyists and even legislators who support FOI are gathering support for the “final blow” of their “Right to Know! Right Now! Campaign.”

Right to Know, Right Now (R2KRN) is a coalition of organizations that want the bill passed in behalf of the people’s right to information.

In a forum titled “Freedom of Information: National Demand, Global Lessons,” held at the School of Economics, University of the Philippines Diliman last May 25, representatives from different sectors including the media, labor, public and business discussed the implications of the passing of the bill and what else could be done to urge the congress to ratify it.

Lawyer Nepomuceno Malaluan, spokesperson of R2KRN said, “It is not a matter of the rules but a matter of the political leadership of Congress.”

House Speaker Prospero Nograles said in a press briefing last May 24 that no bill can be taken up until the next Congress.

An anti-corruption tool

Toby Mendel, executive director of the Canadian-based human rights non-governmental organization Center for Law and Democracy, said in the forum that the FOI can be viewed as part of governance reforms which may include a decrease in corruption as one of its effects.

Meanwhile, Aruna Roy, an Indian-based activist for the right to information, believes that the most important thing in a democracy is the right to information as it guarantees the people’s right for transparency and demand for the officials’ accountability.

On the media

National Union of Journalists of the Philippines (NUJP) director Rowena Paraan said the lack of access to information leads to lack of transparency in governance resulting in systemic corruption and a culture of impunity.

Paraan added that an FOI law is essential in journalism practice as it comes hand in hand with freedom of speech and of the press. Salient issues like governance and human rights could not be resolved without the freedom to access pertinent information from the government.

The lack of a law protecting the right to information could mean delayed or even restrained access to data on government affairs, making journalism practice more difficult.

From the people

Even the public could benefit from this FOI Act.

In India, the citizens of a village called Rajasthan took three years in constant fighting for the right to obtain photocopies of muster rolls, development expenditure vouchers and other documents allegedly used for fraudulent activities, shared Roy.

She said, in her country, people believe that, “Our money, our accounts.” This means that the officials are accountable to the citizens for every rupee they spend.

In the same forum, representatives from the public sector also called for the passage of the bill.

Yuen Abana of the Partido ng Manggagawa (Labor Party) said, “Kung walang kalayaan sa impormasyon, hungkag ang ibang kalayaan (If there is no freedom of information, other freedoms are hollow).”Other organizations from the public sector such as the Public Service Labor Independent Confederation concurred with Abana.

The last push

For now, R2KRN has to up the ante to make sure that the bill will be passed before the 14th congress adjourns.

The last resort for this campaign to succeed is to pray, said Malaluan. This is in relation to the Mass offered for the passing of the FOI Act at St. Peter’s Cathedral yesterday, May 30 at 4PM. Bishop Broderick Pabillo, Auxillary Bishop of Manila, and National Director of Catholic Bishops Conference of the Philippines offered the Mass “for the enlightenment of lawmakers.”

According to reports, Pabillo also asked presidential frontrunner Benigno Simeon “Noynoy” Aquino III to push for the ratification of the bill.

According to R2KRN, the FOI Act is consistent with Aquino’s anti-corruption platform.

Similar Masses were also held in Cebu and Cagayan de Oro, reports said.

Meanwhile, Senate passed a resolution pushing the House of Representatives to ratify the bill.

Waiting in vain(?)

Advocates of FOI bill, including Access to Information Network (ATIN), an alliance of public service and media organization, talked with Nograles last May 31 to push the House of Representatives to pass the bill.

However, the House Speaker suspended the session supposedly scheduled for the ratification of the bill.

Nograles then promised to ratify the bill on Friday, before the Congress adjourns.