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Session 2 NGO and Freedom of Information
Conference on Freedom of Information and Civil Society in Asia
In this session the role of the NGO within each nation’s information disclosure regulation establishment and application was discussed. Each panelist (apart from the representative from Thailand) is a member of the NGO and has acted towards the establishment of information disclosure regulations, and has common interests concerning the problems related to the introduction of regulations. The panelist from Thailand spoke from the standpoint of a government worker.
1 Why Citizens Require the Information Disclosure Act First of all, Ms. Joshi pointed out that the role of the NGO is to act as a bridge to people to access information. He used the slums of Deli as an example to point out problems that arise due to the lack of citizen’s access to correct information. In the cities of India, a large number of the population consists of people who came from the rural area. In Deli, the slum district (where the city’s poor reside) spreads across and over the borders of the city. They are illegal residents as the law bans residency in these districts. Following an eviction plan the government requested the residents to leave the district, but completely unaware of the eviction plan, the residents cannot understand why they are being evicted. The residents obviously have the right to know the government’s eviction plan, but under the current situation, they can neither claim nor demand to know, as they are not protected. In order for these people to gain protection to their basic rights and to lead a proper life, there needs to be system where a legal expert (such as a lawyer) deals with any queries. Although the NGO can assume that role to some extent, there efforts are limited. Thus, a law permitting the poor to their right to know is required, so that anybody can access information when necessary. However, on the other hand, Joshi expressed that the NGO’s role in introduction of information disclosure system is not to become a convenient representative to access information. The role of the NGO is to assist people to exercise their right and apply the information they obtain. Ms. Khatarina commented that citizens require an information disclosure system in order to participate in the government’s process of decision-making. Information is required in order to take part properly, and by having accurate understanding of the problem, citizens can be involved in problem solving. Also, the information disclosure act will lead to the transparency of the government, and as the government becomes more open, citizens will be able to participate in the process of decision making. If citizens have access to necessary information when required, their opinion will become increasingly more valid and meaningful discussions at a public level. Mr. Malaluan pointed out the NGO is an organization of the citizens, and a user of public information. For example, AER analyzes policies related to economical issues, such as finance and budget decisions, stabilization policies of the economy, and public enterprises’ private management movement. In order to make such analysis of policies, the access to basic public information is required, and without such information it is not possible to make an effective analysis. Thus, the NGO must be able to access public information freely as one of its users.
2 The Role of the NGO The topic altered to NGO’s role among countries that already have an information disclosure law. Mr. Serirak pointed out that through NGO’s access to the information disclosure system, significant cases such as the ones explained in the first session by Prokati have taken course. Various citizens, such as the poor, urban and rural residents, who wish to work together, support these activities of the NGO. NGO activities support citizen rights and public benefits. This and the right to information are very closely linked. However, ever since the enactment of an information disclosure system, the government tends to disclose information using the information disclosure law. The NGO ought to stress the fact that their activities to demand information disclosure are meant for the benefit of the people. The government will then begin to disclose information to the people. Ms.Miki referred to the NGO’s role in the enactment of information disclosure system. From the point of view of an NGO member who assumes the role of advocate in the information disclosure system, Japanese citizens are not yet aware of their own right to access information. The NGO assumes the role of spokesman for the public and at times acts as a representative to request information disclosure. However, each NGO member is limited to the field they specialize in to their capability. First of all, one must gather as many citizens who request disclosure of information. The NGO requires information for its own use, but at the same time should act as a means for the public to gain information and promote usage of the information disclosure system; instead, it must play the role of an advocate and a supporter. Japan has a long history concerning information disclosure ? before the information disclosure act, there were information disclosure regulations ? but on the other hand, among the citizens who use the information disclosure act, there are ones whose objective is the act of disclosure itself. The emphasis should be on why such information is necessary, and by using information based on a clear objective; the NGO needs to play an important role in the supporting public activities to reach that goal.
3 The Effect of the Information Disclosure Act on the Citizens Mr. Ha gave a report on the situation in Korea. Ever since the colonization period when Korea was under military dictatorship, citizens were made aware of a society of bureaucracy. In order for the public to realize they are the center of society, the information disclosure movement is considered to play an important role, and the People’s Solidarity and Participartory Democracy (PSPD) is active towards enacting an information disclosure law. Ordinary citizens who come across an information disclosure movement, gradually becomes aware of his/her role as part of the society. It can be said that the information disclosure law plays a major role in changing the former bureaucrat?public relationship. I believe that through the information disclosure movement, important systems such as, human rights, environment, right to information and democracy will be brought to realization. Here are a few cases from the past. For the last 13 years, public prosecutors have been in charge of the investigation to oppress student and public movements, but by demanding information disclosure, this has been called off. Also, a certain government enterprise’s telephone bill was unreasonably expensive, but after requesting disclosure of the cost accounting, the phone bill has been cut down. Ministry of National Tax’s tax collection system has also been altered. Currently, there are demands of information disclosure to explain the release of the former president’s son who had been arrested due to a criminal act. Every spring, universities (especially private universities) and students argue of over the rise of school expenses; the PSPD has requested the disclosure of documents concerning private university’s financial situation. In the future, I wish to work on information disclosure issues in relation to the process of decision-making. Until now, usage of tax has been a main concern, but from now on, I wish to pose questions towards decision-making of how the tax should be used. If the process becomes clear, citizens will be able to play an active role in decision-making and this will eventually lead to a promotion of a democracy with citizen involvement at its core.
4 Relationship and Role of the Media and NGO Mr. Serirak gave an additional comment that the media and NGO must play an important role in order to promote the information disclosure act. The media and NGO can introduce the information disclosure act to citizens, inform them of its system and how to use it. Also, both the media and NGO play the role of a society’s supervisor by requesting information disclosure of public organs as representatives of citizens. The government is responsible to explain its own reason for any act, and the information disclosure act is a valid system that can demand such information. The coordinator corresponded to the above comment concerning the role of the media in information disclosure. Seeing there is a problem in the standard of an entrance exam of a public high school in Kanagawa prefecture (Japan) the NGO demanded disclosure of the examination standards. After a year from this request, a certain TV company broadcasted a report to bring forward the problem, after an investigation on the same matter on schools in the whole of Kanto region (including Tokyo and 6 prefectures). The NGO could only investigate one prefecture, but the media can make a wider investigation, and also make the public aware of problems by broadcasting. This can be done further, if the NGO continues to dispatch information to the media.
5 Information Disclosure In The Future Ms. Joshi commented that although the information disclosure act is a legally valid way to obtain information and guarantees rights, there is a problem that formalities requires too much time. The government must not forget that the information is for the people, and in order for information to be disclosed to the people, the government must do so in good will. Responding to the above, Miki pointed out that even with an information disclosure system, only information allowed to the general public is disclosed. When citizens wish to take part in various government plans and policies, they must first work towards information disclosure and there are times when disclosure does not lead to problem solving. For this reason, it is necessary to prove limitations of the information disclosure system by actually using it, and then to create a new information disclosure system or a citizen-centered system. It is important to have in mind that the information disclosure system does not work in all cases, and it is necessary to examine its faults. Mr. Ha commented that it is possible to continue on with the information disclosure system, but on the other hand, in cases of non-disclosure, civil servants have been prosecuted, and thus PSPD believes it is necessary to enact a law to protect such people. The role of the NGO not only concerns the enactment of the information disclosure act, but also deals with various activities that will lead to the positive disclosure of all kinds of information.
6 Step Forward Towards the Realization of a Dream Finally, each panelist gave a closing comment. Ms. Joshi stated that there is no point in living in India if you don’t have hope, and refuse to give up. The current government’s information disclosure plan is a disappointment but at the same time, many citizens are beginning to take part in the information disclosure activities of the NGO. The involvement of citizens is a reason to have faith. Information disclosure and transparency are very important social values, and nobody opposes to protect these rights. It is important to keep moving forward. Mr. Malaluan is optimistic about the information disclosure movement in the Philippines and holds hope for the future. What the Philippine needs is to keep up the movement and to establish the systems legal role. However, there is no need to hurry in the process to enact a law that is effective and transparent, and proper in the true sense. Ms. Khatarina believes that there is a limit to the government’s role to educate the people of the information disclosure act. For hundreds of years, the government has kept information from the public and that made it what it is now. Now that disclosure is being demanded, the NGO must play an important role. Ms. Miki commented that in Japan, only a limited number of the public have used the information disclosure system, but from now on, various NGOs must use the system based upon each notion of a problem. The government is not an organ that can clean itself up, but instead needs to be given attention from the outside. NGO assumes that role by using the information disclosure system and other methods. Also, Japan’s Information Disclosure Act permits any one person to request information, and not only does this apply to residents of Japan, but people from all over the world can request information from the Japanese government. In the past there were cases in which Japan’s NGO used the United State’s Free Information Act to obtain information in order to pose and solve problems within Japan. Information should circulate across borders, and in order for citizens to solve problems on their own, it is important to obtain information internationally. The NGO serves as a central figure in this movement. Finally, Mr. Ha introduced PSPD’s motto: ‘One person’s dream is just a dream, but everybody’s dream will be reality’. NGO members are people who dream. If more and more people dream, the information disclosure act will be enacting in India, Indonesia and the Philippines, and a transparent government and democratic society will be created.
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