Freedom on Information relations to Human Rights and Development Advocacy

Lecture delivered by Violeta M. Gloria to civil society organization 
in Iligan and Lanao initiated by MPPM & LAHRA at Palao, Iligan city; 
October 8, 2013; 1-5pm.

What is freedom? What is information?  Depending on socio-political context and philosophical perspective, freedom can be defined in many ways. Is freedom a necessity? As peoples are subject of social contract, don’t we like that our freedom be controlled and managed by government?

Do you really need information? Is your sense of freedom dependent on the kind of information that you gain from the academe? From community? From government? From international organizations?

Why do you think media workers and non-government organizations are/should be in the front line in advocating for Freedom on Information? These are just essential preliminary questions that can be raised as advocacy on FOI and frustration over corruption or public disservice are mounted nowadays.

Two hours ago, I overheard you discussing about the human rights issues, specifically relating to summary execution cases in the city that have already victimized more than 30 persons; some legal concerns relating to gambling; and the unpeace brought about the increasing complexity of the structural and community-based peace processes. All of you, on the same note, recognized the need for empirical information to support your advocacy and the educational imperative to improve the awareness of the community on these matters.

Re-examining Social Contexts

Before we will explore the consolidated bill of the House of Senate on FOI, let us examine or review first some of the social facts that could add as political context to our thematic discussion this afternoon. Some of the issues will serve as our backdrops:

1. There is an issue of massive corruption and illegal realignment of public fund in the Philippine bureaucracy. The PDAF and the Disbursement Acceleration Program (DAP) matters are classical examples. Aside from alleged graft, there are also issues on political patronage, bribery, backdoor deals and the like.

2. There are practices in the local government when projects are poorly implemented or not implemented at all. There are alleged controversies on “porsyento sa opisyales” and “porsyento when the fund is accessed.”

3. While the government reported that the GDP of the country is scaling up these recent years and though the country is considered as a rising star in East Asia in the recently concluded APEC summit in Indonesia, still the report of the World Bank in 2008, which considered Philippines as poor in managing economic reforms[1], citing e.g. rising politicalization of the bureaucracy and fiscal mismanagement[2], have serious correlation and implication to the exacerbation of human rights violations at all fronts, of extrajudicial killings, and of major political scandals that have happened in the recent past.

4. The Transparency International scored Philippines as 34^th in the Corruption Perception Index (using the scale of 0 as highly corrupt and 100 as very clean). We are near to zero and we ranked at par with Algeria, Almenia, Gambia, Kosovo, Mali, and Mexico.[3] These countries are also plagued with socio-political problems, including concerns on narco-politics.

Figure 1. Printscreen photo of Transparency International's 2012 Corruption Perception Index showing the rank and score of Philippines (Transparency International, 2012).

5. The allegations on massive corruption has serious implication to the waning trust of the taxpayers on our bureaucracy, seriously noting the fact that public fund are allegedly and apparently diverted to some pockets in a most systematic way. The distrust is evidently demonstrated by those that have joined in the national campaign for the abolition of pork barrel fund which all of you have read and viewed on our national and local media reports.

6. That massive corruption in the government has also serious implications on the deteriorating trust of foreign’ investors[4]. There were allegations too about bribery happening in the mining, industrial, real estates, and commercial industries that are yet subject for investigations, if authorities would seriously take the quest of finding evidences or proofs.

7. Corruptions have serious implication to the country’s national defense, public health, public morals and our enterprise too.

8. We have a very rich literature on corruption and cronyism since Marcos administration.

Motivation of public movements

The corruption that plagued within our system inspired the peoples’ movements to demand fiscal transparency. Everyone rages. The most massive coalition of organizations nowadays that enthused investigation is the Anti-Pork Movement[5], which also motivated the Supreme Court to issue Temporary Restraining Order (TRO) to suspend the use and disbursement of the remaining Malampaya fund. As we are discussing this matter this afternoon, the Supreme Court en banc is also investigating/probing into the arguments of petitioners on PDAF/DAP to determine the latter's constitutionality or unconstitutionality (while the executive office simultaneously ranted that it also wanted to scrap the PDAF.)

But before these issues scaled up and gained the full attention of the judiciary, there was already that Ehem Movement[6] started by the Jesuits in the Philippines which is aimed at improving the credibility and integrity of the country in fiscal management. This is part of their commitment for social changes and transformation. The Mindanao Commission on Women also launched “Walang Hihingi” campaign. Other NGOs or multisectoral groups are also taking part too in diverse campaigns by investigating issues in their respective localities and filing charges to the Office of Ombudsman or are simply involved in the exposition of cases, like what happened last year here in Iligan city.

Corruption and HR 

The advocacy against corruption, human rights, and the initiative to nurture a country with integrity require extensive research and investigation too. This cannot be solely done by truth-driven media workers and those who remained committed for transparency. Thus, indeed, the need for access to information. Research is part of the investigative processes to gather facts, opinions and to determine the possible alternatives that should be undertaken collectively. Leaders, like you, are also dependent on empirical data for reasonable decision-makings.

What was difficult to understand is that those involved in the quest for transparency in governance and for social transformation have become easy targets of assassins (of course, except those who are fortunate to have accessed protection from DOJ). They were silenced in unjust and gory ways. This is the saddest part because those who remained committed in upholding the values of honesty, truth, and transparency are prey of those who wanted to cover up other's wrongdoings.

Legal Mandates

But before I will detail the bill (again), let me cite some legal principles that support this freedom to access information.

Under the state’s principles[7], the 1987 Philippine Constitution uphold the most relevant provisions:

Section 27. The State shall maintain honesty and integrity in the public service and take positive and effective measures against graft and corruption.

Section 28. Subject to reasonable conditions prescribed by law, the State adopts and implements a policy of full public disclosure of all its transactions involving public interest.

Other relevant principles indirectly supporting of the advocacy for freedom of information and anti-corruption are as follows:

Section 17. The State shall give priority to education, science and technology, arts, culture, and sports to foster patriotism and nationalism, accelerate social progress, and promote total human liberation and development.

Section 23. The State shall encourage non-governmental, community-based, or sectoral organizations that promote the welfare of the nation.

Section 26. The State shall guarantee equal access to opportunities for public service, and prohibit political dynasties as may be defined by law.

I am emphasizing Section 26 here because anent to the campaign against pork barrel fund is also the advocates' dream of eradicating political dynasties in our bureaucracy.

The Bill of Rights also accords us the freedom of the press, right to information, and freedom of expression. 

Part of the Accountability of Public officials under the Local Government Code as well as in public administration policy, is disclosure of Statement of Assets and Liabilities Networth (SALN) and the mandatory requirement of upholding transparency in their budgetary appropriation and disbursement. Such include reporting of expenditures and accounting. This is essential to maintain public trust and to prevent corruption.

Why FOI?

The consolidated House Bill sponsored by different legislators compel the government/authorities to disclose information held by administrative agencies to the public, subject to exemptions[8]. It prevents officials to disabuse the power of discretion.  If passed and approved, it will vest right to the people to learn the internal and external dynamics of the bureaucracy and government.[9] It will hold officials administratively liable for non-disclosure and criminally liable in case publicly relevant information are destroyed.[10]

The bill also provided system on how to access information subject to limitations or prohibitions. For instance, SALN of government officials can be accessed online these days (or via formal request) and can be demanded from officials when unsubmitted or undisclosed. Omission will be cause of legal action. Former Chief Justice Renato Corona was impeached for omitting salient details of his SALN.

FOI is basically patterned from laws of other countries too, e.g. United States and Australia. Some of the general restrictions for public information include documents or records relating to national security, trade secrets, medical records of patients (subject to further exceptions), and when request (for information) tantamount to violation of person's right to privacy.[11] The exemption on intelligence records are consistent to policy on national security and operational concerns, especially if it will affect public interest, diplomatic relations, some investigations to support or corroborate judicial proceedings, law enforcement, or military operations in times of war or conflict. The information relating to these can be accessed probably when authorities decide that it necessitates disclosure especially when national interest and public trust become paramount concerns. But this latter is sourced from other country’s experiences. Ours is yet a bill and would remain subject to revision by legislators until finalized for approval. 

Other significant details of the Bill

[Please access copy of the revised bill online. Details were discussed during the forum.]

Conclusion

The right to access information and the human rights advocacy are guarantees mandated under the 1987 Philippine Constitution. These are fundamental rights. If the bill on FOI will not be passed, the Philippine Constitution, the Local Government Code and other laws relating to transparency and accountability of governance accord individuals, organizations and institutions the right to access information, provided this will not contravene the limitations expressly construed by policies.

Just as we have affirmed earlier, research and studies will help advocates to advance its campaign on human rights and developments. Let me also say, that even if the FOI becomes a law, the sustainability of improving transparency of governance and in pressing forward community-based developments (and participation), especially in economically-challenged areas, remained dependent on the capacity, motivation, and strength of all advocates to act collectively on specific issues. Your creativity in sourcing empirical information and conducting research or studies will help facilitate attain goals and provide you right direction in your respective endeavors.

Daghang salamat for the opportunity to be with you.

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[1] Dumlao, D. (2008). WB: Corruption in RP Worst in East Asia, Philippines: Philippine Daily Inquirer, p. 1. Retrieved: http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080625-144628/WB%3A_Corruption_in_RP_worst_in_East_Asia Accessed: 8 Oct. 2013.

[2] Matthew, S. (2013). Country Focus: Philippines, East Asia Pacific, US: World Bank, p. 1, Retrieved: http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/EASTASIAPACIFICEXT/0,,contentMDK:22427109~pagePK:146736~piPK:146830~theSitePK:226301,00.html Accessed: 8 October 2013.

[3] Transparency International (2012). Corruption Perception Index 2012, US: Cpi.transparency.org, p. 1, http://cpi.transparency.org/cpi2012/results/ 8 Oct. 2013.

[4] US Department of State (2013). Investment Climate Statement—The Philippines, US: State.gov, p. 1 Retrieved: http://www.state.gov/e/eb/rls/othr/ics/2013/204715.htm  8 Oct. 2013.

[5] The Economist, Scratching Pork, US:Economist.org, p. 1 http://www.economist.com/blogs/banyan/2013/08/corruption-philippines Accessed: 8 October  2013.

[6] Ehem!, Management Association in the Philippines & iPro (2013). Integrity Philippines- Pinoy;s Solution to Corruption, Web. http://www.jimwes.com/integrity/id36.html 8 Oct. 2013.

[7] 1987 Philippine Constitution. Web. http://www.gov.ph/the-philippine-constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-ii/ Accesed: 8 Oct. 2013.

[8] House of Representatives (2013). Revised Consolidated Version of House Bill 53, 11, 22, 59, 86, 133, 301, 830, 1713, 1968, 2128 and 2969 (An Act To Strengthen The Right Of Citizens To Information Held By The Government, Philippines: Quezon city, pp. 1-15. Retrieved: http://www.scribd.com/doc/84673810/Revised-Consolidated-FOI-Committee-Transmittal-5-March-2012 8 October 2013.

[9] HB (2013).

[10] HB (2013).

[11] HB (2013). See also 5 U.S.C.A. § 552(b).

References

Dumlao, D. (2008). WB: Corruption in RP Worst in East Asia, Philippines: Philippine Daily Inquirer, p. 1. Retrieved: http://newsinfo.inquirer.net/inquirerheadlines/nation/view/20080625-144628/WB%3A_Corruption_in_RP_worst_in_East_Asia Accessed: 8 Oct. 2013.

Ehem!, Management Association in the Philippines & iPro (2013). Integrity Philippines- Pinoy's Solution to Corruption, Web. http://www.jimwes.com/integrity/id36.html 8 Oct. 2013.

Gov.ph (2013). 1987 Philippine Constitution. Web. http://www.gov.ph/the-philippine-constitutions/the-1987-constitution-of-the-republic-of-the-philippines/the-1987-constitution-of-the-republic-of-the-philippines-article-ii/ Accesed: 8 Oct. 2013.

House of Representatives (2013). Revised Consolidated Version of House Bill 53, 11, 22, 59, 86, 133, 301, 830, 1713, 1968, 2128 and 2969 (An Act To Strengthen The Right Of Citizens To Information Held By The Government, Philippines: Quezon city, pp. 1-15. Retrieved: http://www.scribd.com/doc/84673810/Revised-Consolidated-FOI-Committee-Transmittal-5-March-2012 8 October 2013.

Matthew, S. (2013). Country Focus: Philippines, East Asia Pacific, US: World Bank, p. 1, Retrieved: http://web.worldbank.org/WBSITE/EXTERNAL/COUNTRIES/EASTASIAPACIFICEXT/0,,contentMDK:22427109~pagePK:146736~piPK:146830~theSitePK:226301,00.html Accessed: 8 October 2013.

The Economist, Scratching Pork, US:Economist.org, p. 1 http://www.economist.com/blogs/banyan/2013/08/corruption-philippines Accessed: 8 October  2013.

Transparency International (2012). Corruption Perception Index 2012, US: Cpi.transparency.org, p. 1, http://cpi.transparency.org/cpi2012/results/ 8 Oct. 2013.

US Department of State (2013). Investment Climate Statement—The Philippines, US: State.gov, p. 1 Retrieved: http://www.state.gov/e/eb/rls/othr/ics/2013/204715.htm  8 Oct. 2013.