PAIL Campaign Pointers

[Pippo B]

Pointers on the Philippine Freedom of Access to Information Act distributed in General Assembly 26-Apr-08. Original PDF file attached. Text follows:

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TEAM RP
CSP Building, Social Development Complex, Ateneo de Manila University, Quezon City
Contact Numbers: 426-5657 Email: [e-mail] Website: teamrp.multiply.com

Pointers on the Petition for Philippine Freedom of Access to Information Act

"Real democracy cannot be worked by men sitting at the top. It has to be worked from below by the people of every village and town. That sovereignty resides in and flows from the people. So said the Father of the Nation in whose name we swear. Therefore, this people's participation at all levels is a must."
Narendra vs. Manikrao, A.I.R. 1977 S.C. 2171 (India)

BASIC PREMISES

1. Control of information in the hands of a powerful few has led to the marginalization of millions of people, who have been bypassed by development
2. If people, especially the poor, are unaware of laws and procedures or the options they can avail, which are supposedly provided by the national government down to their local barangays, then they will always remain poor
3. Right of access to information held within government institutions is usually justified as an instrument for promoting participation
4. Democracy can only flourish when citizens are adequately informed about the operations and policies of their government - our Constitution declares that sovereignty resides in the people and all government powers emanate from them
5. Necessary for the realization of the basic rights to freedom of opinion and expression is reasonably unfettered access to information

FOUNDATION FOR RIGHT TO INFORMATION (1986 Constitution)
1. Section 28 Article II Declaration of State Policy
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.
2. Section 7 Article III Bill of Rights
The right of the people to information on matters of public concern shall be recognized. Access to officials records, and to documents, and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to such limitations as may be provided by law.

PROBLEMS

1. Inconsistent national legislation, obscure state policy and varying judicial pronouncements have blurred the coverage of this right - not clearly defined in our laws nor in practice - thus opening the doors to arbitrary exercise of discretion on the part of our government officials. In most instances, citizens are left at the mercy of the implementing agency because of the absence of clear guidelines for the exercise of the right
2. While the manner of examining public records may be subject to reasonable regulation by government agencies, the duty to disclose the information of public concern and to afford access to public records cannot be discretionary on the part of the agencies
3. No set protocols which can aid people without unduly burdening government officials and causing a hamstring in the daily grind of government work when people do exercise the right
4. Need to balance privacy, due process, corporate social responsibility, immunity, etc. with the people's right to access information
5. Absence of clear standards when access may be denied has rendered the right nugatory

KEY ELEMENTS NEEDED

1. Constitutional or statutory recognition of a right of access to information which is in the possession of the State
2. Right of Access which is broadly defined and extends to all the organs, agencies or departments of the State
3. In order to effectively create a truly participatory and democratic regime of governance, the people should be informed of the workings of the State
4. The law should extend to all branches of government, to all levels and includes private bodies carrying out statutory or public functions
5. There should be no need to justify request for access. The common practice discriminates against persons who intend to avail themselves of the information for their own personal consumption
6. A narrow definition, in precise and specific language, of the exemptions of the right to access
7. A provision that states where only part of a record is subject to an exemption, and that part may be severed from the rest of the record, the part of the record that is not exempt should still be disclosed
8. A provision for a public interest override whereby even legitimate classification is overcome where, on balance, the public interest is served by disclosure
9. Statutory language which makes it clear that access is the general rule and exemptions should only be given in exceptional cases
10. Periodic review of document classification
11. Uniform record-keeping practices as well as a provision on preservation or destruction of records followed by a list of categories of records that must be preserved, the manner and the time
12. Speedy processing and disposition of requests for access to documents
13. Timeframes should be specified as in the Revised Administrative Code
14. Independent review of denials of access to information
15. Minimal or no fees or other charges for the processing of documents requested
16. The creation and training of government officials to assist persons making access requests
17. Wide publicity about the right of access and explanation of the procedures to be followed