'Freedom of information' law seen as key to dev't
By CHARISSA M. LUCI
August 24, 2010, 7:00pm
HAMBURG, Germany – The Freedom of Information Act (FOIA) is not
irrelevant as it still serves as a key to development, especially in
developing nations, according to a German journalist and scholar.
Addressing recently 22 journalists from 17 countries participating in
this year's Summer Academy on Freedom and Responsibility, initiated by
the International Institute for Journalism of InWent-Capacity Building
International, veteran German journalist and scholar Dr. Manfred
Redelfs said he believes that the FOIA still serves as a key to
development in developing countries, including the Philippines.
"The FOIA is holding every government accountable for its action. It
prevents corruption," he said.
He said a well-informed public could help in nation- building,
stressing that the access to information, particularly on government
affairs, is a "prerequisite for effective citizen participation."
"The public has a right to know how public money is being spent," he stressed.
The Philippines is still struggling to ratify the Freedom of
Information (FOI) bill, which has been pending in Congress since 2001.
Although the 1987 Philippine Constitution provides for the right of
the people to information on matters of public concern, human rights
activists, lawmakers, as well as media organizations, have been
pushing for the passage of the long-overdue FOI bill in the 15th
Congress.
Manila's FOI bill was not ratified in the final session day of the
14th Congress due to a lack of quorum in the House of Representatives
last June. There were only 128 out of 268 lawmakers who attended the
session last June 4.
The Philippines is among the first 14 countries which had its law
promoting freedom of information. Sweden had the oldest Freedom of the
Press Act, which was passed in 1766, followed by Colombia in 1888,
Finland, in 1951, and the United States in 1966.
Redelfs, who heads the Greenpeace's research unit and currently serves
as lecturer at the University of Hamburg, also identified the criteria
for a "good FOIA," which include the regular publication of certain
types of information even without a request; all forms of information
are covered such as paper, electronic records, maps; and availability
of information on the Internet.
He said the FOIA should have narrow exemptions, particularly when
dealing with sensitive information concerning one's rights to privacy.
He said the FOIA should also provide for the immediate and possibly,
free access to government documents.
He said several actors have played crucial roles in pushing or
lobbying for a FOIA. He even noted a particular state is pressed on
passing such a law because this is among the conditions set by some
world financial institutions, including the World Bank.
He recalled that Germany's FOIA, which was passed into law in 2005,
but was enforced a year after, received strong opposition from the
bureaucracy, majority of the ruling Social Democratic Party and the
Industry Boards. Those who expressed all-out support for the bill were
the Green Party, some members of the Social Democratic Party; and
non-government organizations, including the Civil Liberties Union and
Transparency International.
Ironically, Redelfs disclosed that several German journalists "did not
care so far" whether or not the law would be passed.
In the Philippines, the new administration of President Benigno Aquino
III already threw its support behind the bill, which the public hopes
will serve as a powerful tool to empower them.
Redelfs also pointed out that the youths of a nation, still aiming for
a FOIA, could contribute and bring in changes in a country which
deprives its citizens of their right to information. This could be
applied to the current situation in Vietnam where media censorship is
high. The young people's access to information through the Internet,
as well as exposure to other cultures, could introduce reforms in
their restricted society.
While, some claimed that FOIAs seem to be useless, he said there is
something to hope for when a nation has its own FOIA.
The FOIA proves to be effective in steering the wheel of public debate
in developed countries, including the US and Germany as well as some
Asian countries, including Thailand, he said.
Redelfs said that if not for the FOIA, daily calendars of top state or
local officials showing their working habits, including that of
President George W. Bush, would not have been disclosed in the US and
Germany, as well as the names of detainees at the Guantanamo prison of
the US in Cuba.
If not for the FOIA, the admission system in public schools in
Thailand would not have been changed and that the people would not
have been informed that the German airline Lufthansa and other
companies such as Philip Morris Holland B.V. have been collecting
agricultural export subsidies from the European Union(EU), he claimed.
Redelfs also recognized that while some developing countries have
struggled to pass their own FOIA, other countries, on the other hand,
have failed to implement the law and as a result, the general public
is deprived of the right to information.
In one of the Summer Academy sessions, Wikileaks editor Daniel Schmitt
said the FOIA is irrelevant nowadays, considering the failure of some
states to "put into practice" the right-to-access-to-information
clause of such law.
--
Urvashi Sharma
RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com
Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )
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