More to the Point

Right to know. Right now!

By DR. FLORANGEL ROSARIO BRAID
February 9, 2010, 4:39pm

As many know, the Freedom of Information (FOI) act was bypassed together with equally important bills during the last session of the House of Representatives. “It fell by the wayside, a collateral casualty of the little wars among our legislators” is how supporters describe what happened last week. The House Rules explicitly state that a bill that is so far advanced (it has passed all the critical stages, and the Bicameral Conference Committee Report (BCCR) merely awaits ratification by the HR), should not be pushed aside for lack of a quorum.

But the Right to Know. Right Now! Coalition consisting of over a hundred organizations from civil society (farmers, labor, fisherfolk, OFWs, women etc.), government, business and legal groups, and the academe, is not giving up. It is aware that the rule giving privileged status to BCCR is applicable to the FOI Act. It urges Speaker Prospero Nograles to “expressly commit to the people that he will put the ratification of the FOI Act ahead of any business of the House when it resumes session on May 31”. The Right to Know network headed by lawyer Nepomuceno Malaluan and Vince Lazatin, convenors, have issued this statement:

“For two days (February 2 and 3), we hoped in earnest that the FOI law and other legislative matters of equal import would not be held hostage to question over quorum. The House failed us.We had hoped in vain, leading us to raise doubts now about the sincerity of Speaker Nograles’ avowed support to the FOI. The House should have taken up the ratification of the FOI Bicameral Conference Report ahead of all other business, including the privilege speeches that were allowed last February 2. But in total disregard for this rule, leaders of the House majority refused the Bicameral Conference Report on the floor for ratification. We keep our faith. If the House leadership wills it, the FOI can be ratified and transmitted immediately to the President for enactment into law. For such a good law, the House can, and must do it. The Right to Know. Right Now!

Campaign has conducted the advocacy for the passage on the FOI Act in good faith and in the most positive manner. We invite all those who wish to join the struggle to claim our Freedom of Information to be with us when we attend mass to be celebrated by Bishop Broderick Pabillo, Auxiliary Bishop of Manila on 14 February, at 7 AM at the Sto. Nino de Tondo, Parish at 600 L.Chacon St., Tondo Manila. A meeting will be held after the mass to chart the next steps of our struggle. After 23 years since the ratification of the 1987 Constitution, the passage of the FOI will finally come.”

If the bill does not get passed this time, it will have to go back to Step one – file the bill again, and go through the entire legislative process. Imagine the opportunity loss in terms of transparency and accountability in governance. Imagine the millions of Filipinos whose security could be assured with access to information on the environment. In these two cases, access to truth reduces corruption and improves disaster preparedness . Imagine what access to “kaalaman” (knowledge) – on agriculture, health, business practices can do in improving well-being and productivity.

Imagine what an informed citizenry can contribute towards attaining a more vibrant democracy.

In the UNESCO publication on comparative legal survey on freedom of information, the author, Toby Mendel, notes that maximum disclosure and striking a balance between the right to know and the requirements of secrecy and national security are key features of an effective freedom of information legislation. Today, more than 70-countries have adopted a Right to Information law, and bills in 20-30 countries are under consideration. Why do we need a law when the right to information is a fundamental human right? Because we need a process and a machinery in the form of a law through which we can exercise this right. My e-mail is florangel.braid@gmail.com