Comments and observations on Philippines Open Government Partnership report under the 2012 action plan (for Philippine Center for Investigative Journalism)

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Preliminaries

The objectives of the Open Government PartnershipThe Open Government Partnership (OGP) is a multi-stakeholder initiative focused on improving government transparency, ensuring opportunities for citizen participation in public matters, and strengthen... More are noteworthy:  together with their citizens and key agencies,  to fully realize the commitments of governments (the Philippines, in a group of eight founding countries) to promote transparencyAccording to OGP’s Articles of Governance, transparency occurs when “government-held information (including on activities and decisions) is open, comprehensive, timely, freely available to the pub... More, empowering citizens, fight corruption and harness technologies to strengthen governance.

It is significant because it is a tool to implement earnestly the 1987 Philippine Constitution in particular its landmark provisions on accountability and transparency.  Likewise, it is putting to action,  the policies of good governance of the present leadership.

Comments and Observations

It is in the area of “Improving Compliance with Transparency B: Access to Information Initiative” that I want to extend my comments and observations.  In the Independent Reporting Mechanism’s Report,  the Philippines was rated as having “partially fulfilled” of its commitmentOGP commitments are promises for reform co-created by governments and civil society and submitted as part of an action plan. Commitments typically include a description of the problem, concrete action... as of 2012.  The rationale for the rating “partially fulfilled”  may be because of Congress’ failure to pass the Freedom of Information Act (FOI) in the Fifteenth Congress and the absence of the necessary certification that the legislationCreating and passing legislation is one of the most effective ways of ensuring open government reforms have long-lasting effects on government practices. Technical specifications: Act of creating or r... is an urgent measure from the relevant office .

As Chairman of the Senate Committee on Public Information and Mass Media,  it is in this area of the Report that we want to assist in terms of compliance.  And good signs and optimism may be deduced in the actions and progress of the FOI legislation in the Philippine Senate in the last few weeks.

On September 24, 2013, a day before Congress adjourned for a short break,  the Committee has sponsored the legislation in the floor of the Senate.  The day before, on September 23, the Committee Report was routed for signatures and was signed by twenty members.  (The Report was secondarily referred to the Committees on Civil Service and Government Reorganization and Finance.)  Formal debates will resume when Congress re-opens on October 14.

By standard,  the action may be considered as swift and pass.  Complementing the clamor of the people to enact the law to safeguard public funds,  the legislation is seen as a tool of the people to access basic services offered by the government.  In a sense thus,  there is that over-arching intention that this legislation be most meaningful to all sectors, in particular the ordinary citizens. 

I am happy to note further that the new FOI draft has features that may be of importance in this Open Government Partnership Report, as follows:

• The utilization of websites and information technology to fully implement the FOI,  taking into consideration usability,  volunteerism (private sectorGovernments are working to open private sector practices as well — including through beneficial ownership transparency, open contracting, and regulating environmental standards. Technical specificat... More partners are encouraged to help the government), trends in IT to adapt to changing times;
• The integration of good governance, transparency and accountability and exercise of rights and responsibilities including FOI itself in curriculum (in HEKASI or Heograpiya, Kasaysayan at Sibika in Elementary and Makabayan/Social Studies in High School).  The reason is that the issue on corruption is quite systemic that a moral regeneration and educationAccountability within the public education system is key to improving outcomes and attainment, and accountability is nearly impossible without transparent policies and opportunities for participation ... are needed;
• Utilization of Plain Writing in instructions and relevant application of FOI;
• Recognition of the citizen’s Right To Know and the Sunshine Principles of Accountability, Transparency and Open Government as reflected in the titles (both main and short),  declaration of policies, coverage and in the exercise of the right itself.

The Committee Report is a product of two public hearings;  testimonies, position papers, and recommendations from more than twenty five (25) resource persons representing the academe; government; NGOs and peoples’ organizations;  citizens;  business community;  the FOI petition filed via the process of direct initiative,  a constitutional mechanism in which the citizens formally ask the Legislature to enact a law;  and the deliberations on the bill in previous Congresses.

Hopefully,  the next Report on OGP would indicate that the FOI has been enacted and forms part of the  laws of the Republic.

Image source: Philippines – Manila, by Salim Al-Harthy, via Flickr