Pass freedom of information law-NGOs
abs-cbnnews.com | 04/14/2008 4:16 PM
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By Carmela Fonbuenaabs-cbnNEWS.com/Newsbreak While Senate’s power to get to the bottom of the controversial NBN-ZTE deal hangs with the Supreme Court (SC), civil society groups have called on Congress to urgently pass a freedom of information law. Lawyer Nepomuceno Malaluan of the Action for
By Carmela Fonbuena
abs-cbnNEWS.com/Newsbreak
While Senate’s power to get to the bottom of the controversial NBN-ZTE deal hangs with the Supreme Court (SC), civil society groups have called on Congress to urgently pass a freedom of information law.
Lawyer Nepomuceno Malaluan of the Action for Economic Reform(AER) said that they used to blame government’s tendency to withhold information to "bureaucratic inertia." But under President Arroyo, "it has turned into an institutional response," he said.
Passing a freedom of information law cannot circumscribe the High Court in the event that it decides to sustain its decision favoring the petition of former National Economic and Development Authority chief Romulo Neri, but Malaluan said that it will assure public access to other government secrets that are not necessarily as big as the ZTE deal.
"The problem that we have is despite constitutional guarantee, access to information advocates continue to find difficulty in accessing information that concerns matters of public interest," said Malaluan of AER, a group which had long been pushing for the passage of such a law.
The High Court’s ruling that the Senate cannot ask Neri several questions because they are covered by executive privilege is said to have "castrated" the Senate’s power to investigate government wrongdoings. The Senate has filed a motion for reconsideration, calling on the court to reverse its ruling. The decision could pave the way for "autocracy in government," the Senate said in its motion.
Access is political
"Access to information has become extremely political," said Vincent Lazatin of the Access to Information Network (ATIN). Apart from the controversial Chinese loans, Malacanang has in the past tried to withhold information on other controversial issues including proposed election reforms recommended by former SC Chief Justice Hilario Davide Jr., and the Melo report on extrajudicial killings.
Seventy countries have enacted a freedom of information law. The Philippines is one of few countries that distinctly recognize the right in its Constitution.
However, the lack of a law to provide uniformity in the "procedure" and "coverage" of public access allows different government agencies to "inconsistently apply" access to information. The lack of a law also limits those who were denied access to what is deemed as public information from imposing "criminal or administrative punishment."
"Implementing legislation is very much needed…. It’s hard to stick admin and criminal liability to serve as a deterrent….," Malaluan said.
