UP ETC President and UP ALYANSA's AJ Montesa on the Philippine Daily Inquirer: #FOInow!

(Read AJ's original Inquirer column piece entitled "You’ve Got Nothing to Fear if You’ve Got Nothing to Hide" HERE.)

The year 2013 has just ended and we’re barely into the new year. It’s the perfect time to look back at our victories and successes, but it’s also an opportune time to think about the steps we’d like to take moving forward. That’s why the new year is the time when people start making resolutions and renewing promises long forgotten.

A resolution that we’d like to see from our government, if that government does choose to move on the straight road forward, is a commitment to transparency and accountability. For all the talk of reform and the clamor against corruption, there is one great resolution that has yet to be realized: the Freedom of Information Law. It is a resolution, an old promise, that we’ve been trying to keep for more than 20 years now.

Now, more than any other time, we are hopeful. We are hopeful that our Congress will finally decide to take that great step towards reform. We are hopeful that our public servants finally make the change to end all the corruption and abuse of power we are so tired of hearing about. The new year gives us new hope: that our government can finally act out that commitment to a transparent, accountable and democratic standard.

The Senate is making great progress with the FOI bill. But this leaves much to be desired from the House of Representatives which has a great deal of catching-up to do. So to the representatives of the people who are having second thoughts or doubts about the FOI bill, you’ve got nothing to fear if you’ve got nothing to hide.

Hopefully, 2014 will be the year when we can finally fulfill that commitment to the freedom of information.

—AJ MONTESA, President,

UP Economics Towards Consciousness (ETC)

convener, FOI Youth Initiative (FYI)

youth4foi@gmail.com

Pass the People's FOI Act Now!

In 2002, more than half a century after the very first session of the UN General Assembly that pronounced* freedom of information (FOI) as a "fundamental human right" and the "touchstone of all the freedoms to which the United Nations is consecrated," advocates and organizations from around the world, gathered in a conference in Bulgaria, declared the 28th of September as the International Right to Know Day. Since that day, around 65 countries** have adopted their own versions of laws implementing FOI, constituting about two thirds of today's total number of countries with FOI laws.

In the Philippines, the citizens' right to access public information was first nominally recognized under the 1973 Constitution. This was followed by a declaration in the 1987 Constitution of full public disclosure as a policy of the State. However, without a law providing for procedures and penalties for violations, these express constitutional provisions have been nothing more than words on paper. Indeed, without an FOI act, Marcos smoothly facilitated a dictatorship, Estrada and Arroyo freely stole while in power, and Napoles, transcending administrations, schemed for senators and congressmen fake projects and NGOs.

Thus, in the midst of scandals of systemic corruption orchestrated for years and decades beyond the public eye, UP Alyansa ng mga Mag-aaral para sa Panlipunang Katwiran at Kaunlaran (UP ALYANSA), in solidarity with more than a hundred other organizations under the FOI Youth Initiative (FYI) and the Right to Know, Right Now! Coalition, challenges the legislature on this eve of the International Right to Know Day: Legislate the People's FOI Act now.

For a right so basic in any democracy, the struggle for freedom of information in the country has been far too long. 

As years pass by without an FOI act, billions and billions of public funds are lost to secret transactions and unexplained items of expenditures in government. The pork barrel scam today, for example, covers several years of misuse and misappropriation in the past that would have been discovered earlier by the public under the People's FOI Act. If only the measure were already in force, ordinary citizens would have had the right to demand, through appropriate procedures, information on PDAF projects in the past - including reports on disbursements and whether or not the projects were in fact implemented. If officials charged with custody of these documents refused, penalties under the law would have been imposed.

Beyond procedures and penalties, however, the People's FOI Act also represents a crucial element of democratic political life: a culture of participatory governance. If passed, the People's FOI Act will institutionalize people power by providing access to information needed by ordinary citizens to take a more active role in policymaking, administration, and service delivery. Indeed, beyond the obvious benefits of the measure to media institutions, the People's FOI Act will also encourage professionals, academics, volunteers, and legitimate non-profit organizations, with their dynamism and political will, to conduct research initiatives, start visionary projects, and assist government in its various services. The end result is a mature democratic culture wherein both government and civil society serve as key partners in governance.

The struggle for freedom of information in the country must now therefore end. While we laud the recent expression of support from Malacanang and the start of plenary debates over the proposed legislation in the Senate, the real battle now lies in the House of Representatives, where the bill met its fiercest, albeit hushed, opposition in the previous Congress.

Thus, we challenge the President, who promised passage of the bill during his election campaign in 2010, to start walking the talk and certify the People's FOI Act as urgent. Indeed, without an FOI act, the Aquino administration would have practically failed in its anti-corruption drive. Without the passage of the People's FOI Act, the tuwid na daan will be nothing more than a PR campaign and a slogan for impeaching and arresting opponents.

Pass the People's Freedom of Information Act NOW!

NO MORE NAPOLES: Abolish Pork, Pass FOI!

The President was wrong. 

It is not a time to be proud of being Filipino.

The recent controversies surrounding the Napoleses' P10 billion pork barrel scam reveal to us a harsh truth about our times: That, despite all our efforts as a nation, the war against plunder and impunity remains far from over. 

We ousted Merci in 2011, arrested Arroyo after a few months, and impeached Corona in 2012. Yet beneath these well-publicized victories persists an intricate network of corruption meant to re-channel the taxes of the many into the pockets of the few. This is the system that operates beneath our institutions; this is the system of our government. And, as we study and dream today, the wealthy and the powerful have already robbed us of our tomorrow.

The Priority Development Assistance Fund (PDAF) or the congressional pork barrel is, in both appearance and reality, nothing more than an institution of patronage. In appearance, the pork barrel is intended to fund whatever projects for development congressmen and senators wish to undertake. Through this fund, legislators are given the power to prioritize, to choose whether a bridge or a strip of road should be constructed and where. In reality, the representative's constituency is lucky if the bridge or road is ever built. As we see now, the projects can be faked, and the implementing bodies - often fake NGOs - can be merely papers in a cabinet.

In the first place, congressmen should not even be given projects for development, much less the power to prioritize which projects to undertake. We were taught that the job of legislators is to legislate, not to build roads a few months before elections. In fact, such a wide opportunity to execute programs is not just open to abuse but is asking for it, as the abuse clearly shows.

Thus, the pork barrel has created a vicious cycle: The congressman magically summons fake NGOs for his first two years, takes home two years' worth of pork at P200 million or P70 million per year, and then builds roads on an election year only to take home two more years. In the end, the Filipino loses: While prioritized projects are implemented every three years, it took thousands of maternal deaths to legislate an RH law and, when they were criticized online, they criminalized cyber libel. 

The links of patronage does not stop there. Being a lump sum fund in the national budget, the pork barrel is released upon the decision of the executive. The fund has therefore become a carrot and stick that can be used by the President to reward loyal congressmen and senators and to punish the opposition. Indeed, the PDAF is nothing but a euphemism for a legalized corruption.

Yet the pervasive problem of our government goes beyond pork: It is the systemic evasion of the public eye. After nearly 30 years since the Constitution enshrined the State's policy of full public disclosure and after more than a decade of calling for its passage into law, the Freedom of Information (FOI) bill which seeks simply to provide procedures for the enforcement of every citizen's right to know where his/her taxes go has never even reached the session halls. This bill was a campaign promise from President Benigno Aquino III and his slate in 2010, but it has been suppressed by both the majority and the minority in Congress. Their resistance stems from fear - fear of exposés, fear of media scandals like JLN. Who wouldn't be afraid?

What the congressmen do not understand is, by their own arguments, they have admitted their wrongs. Who stands to lose with freedom of information? No one but those who need to hide. Do these congressmen think that government is a private corporation, the dealings of which can rightfully be kept secret from the public? If so, then it is time to teach them a lesson: Public office is a public trust. Without granting the public the right to know, how are we expected to trust?

The opportunity has come to end the system of patronage and the culture of impunity in our country. We want no more pork; we want no more secret deals; we want no more Napoles.

We demand from Congress and President Benigno Aquino III, our mere representatives, our mere agents, to completely abolish pork and pass the FOI bill. Cut the P27 billion pork allocation for 2014 and re-channel the funds to education, health, and other social services. Prioritize the People's FOI Bill and certify its urgency; every day that passes is equivalent to millions of pesos lost.

It is not a time for pride. It is a time for justice.


Iskolar para sa Bayan, ating pagtagumpayan ang isang pamahalaang walang kawatan at walang tinatago!

No more Napoles! Abolish the pork barrel system! Pass the People's FOI Bill now!

Ipasa na ang Freedom of Information Bill!

Isa ang UP ALYANSA sa mga pangunahing pormasyon ng mga kabataan na tumutulak sa agarang pagpasa ng Freedom of Information Billl at ngayong International Right to Know Day, nakikibuklod ang UP ALYANSA sa panawagang mas palakasin ang ating kampanya para sa bukas at malinis na pamahalaan.

Karapatan natin magkaroon ng gobyernong responsable sa pamamahala, sa pamamagitan ng pagsasaalang alang sa ating karapatan sa mahahalgang impormasyon. Ipasa ang ang FREEDOM OF INFORMATION BILL!

THE YOUTH SONA: Our Response to the "Report Kay Boss"

The State of the Nation Address is the annual address delivered by the President of the Philippines to the Congress of the Philippines. It is a tool for democracy, a lens by which we can subject the government to public scrutiny, and a venue for the youth to exercise our participation. This is the Youth SONA’s assessment of President Benigno Aquino’s 3rd State of the Nation address, entitled Report Kay Boss.

Our past is painted bleak. We rose from a period of martial law into a country whose level of corruption was comparable with the worst in the world. PNoy attempted to overhaul the government and steering it toward what he called ang daang matuwid or the straight path, and restore public trust in government. He substantiated his claim with an impressive report, listing victories including the abolition of the abuse of sirens (wang-wang), the investigation of anomalies such as the P1B for coffee in PAGCOR, and the removal of corrupt government officials from office. Among others, he highlighted the success of the Conditional Cash Transfer project, significant increases in the beneficiaries of PhilHealth, the mordernization of the AFP, the strengthening of the rice industry, and the positive credit rating that the Philippines has achieved in his term. Although marked with successes, the youth has assessed that the country and its leaders have a very long way to go before we can claim that we are truly on PNoy’s ‘daang matuwid’.

Land Distribution by 2014

The youth recognizes the importance and immediacy of land distribution under the CARPER law. We recognize the priority that government has placed on this project, but we find that the target of distribution by 2016 is unacceptable. We call for the distribution of land under CARPER by 2014.

Freedom of Information Bill

We celebrate the efforts of government to clean up its act. Our victory in impeaching former Chief Justice Renato Corona is a definite step in the right direction, but the youth demands a more long term solution in the form of the passage of the Freedom of Information Bill. The youth demands no less than true transaprency and accountability in government. Information should be readily accessible while utilizing new, innovative and efficient means of information dissemination such as updated government websites and written manuals.

RH Bill

The youth adamantly calls for the immediate passage of the RH bill. PNoy recognized the problem of a high maternal mortality rate, but failed to mention the RH bill at all. The youth is steadfast in its stand that reproductive health is a right that the government must address. There is a need for accessible contraception, education on family planning methods, and gender sensitive education for the moral and intellectual growth of our nation’s children.

Anti Discrimination Bill

There is no place in a free and democratic country for discrimination, and the passage of the Anti-Discrimination Bill is a key to the protection of our rights, but there was no word from PNoy addressing this issue. The youth supports an act prohibiting discrimination, profiling, violence and all forms of intolerance against persons based on race, ethnicity, language, religion, belief, sex, gender, sexual orientation, gender identity, disability or other status.

Security of Tenure Bill

The youth will not tolerate injustice against our nation’s makers of wealth, the Filipino workforce, and demands the passage of the Security of Tenure Bill. The youth believes that contractualization is a form of precarious work and subjects workers to the whims of corporate greed. We recognize improvements in the labor sector such as the decrease of the unemployment rate from 8%% at the start of PNoy’s term to 6.9% as of April this year, as well as the number of specialists that TESDA trained and employed. What the youth cannot accept is that PNoy expressly defends the current system of contractualization by highlighting the BPO sector as a primary source of employment and and revenue, despite the injustice we know to be rampant when it comes to process outsourcing as was seen by the situation in Philippine Airlines. PNoy relies on job creation to address the needs of the workforce, but fails to appreciate that having a job does not mean having a decent living.

Education

Education is a right, and one of those that are closest to the hearts and minds of the youth. PNoy proudly reported that by the end of the year, we will have completely addressed the problem of 2.5M backlog in chairs and 61.7M in textbooks to the achievement of a one-is-to-one ratio of student to textbook. We also commend the 43.61% increase in the budget for State Universities and Colleges and the increases in the DepEd budget which makes PNoy’s attack on the education problem holistic. Although we see that reforms in education are going in the right direction, our call is clear. UNESCO prescribed a universal standard of education budget allocation to 6% of the Gross National Product, and the youth will not rest until this standard is attained. Furthermore, the reform of the education sector must not rely solely on budget increases and facilities but also the reforms in the quality of instruction which must be addressed with proper training and, and the relevance of curricula which must cater to the country’s long term needs.

Environmental Justice

The youth calls for an administration that prioritizes environmental protection and responsible utilization of resources. Although PNoy failed to address one of the country’s biggest environmental problems, illegal logging, we recognize PNoy’s call for the passage of the Minerals Management Act.

Universal Health

The youth calls for an administration that prioritizes Universal Healthcare especially for women and children. We recognize the improvements during PNoy’s term, namely the 23.31M Filipinos that benefit from PhilHealth, of which 5.2M are the poorest of the poor and need not pay for any service. The youth also calls for better compensation for our country’s healthcare workers.

Although the youth recognizes that under President Noynoy’s leadership, the country has taken a turn for the better, we can see that the number of important issues that he did not tackle shows that we still have a long way to go. What PNoy did want to stress in his address though, was that his SONA was the SONA of the people, and that the triumphs and failures that our country may claim are not exclusively the result of the government, but the cooperation between an administration and its constituents. While participation requires the scrutiny of the government and its actions, it also demands the hard work and responsible citizenship of the people. The government must be held accountable, but it is the youth that is the hope of the nation.

ISKOLAR PARA SA BAYAN, KASAMA KA SA PAGKAMIT NG ATING 8 POINT AGENDA PARA SA TAONG ITO! 

ISKOLAR PARA SA BAYAN, KASAMA KA SA ALYANSA.

Youth SONA 2012 Primer

As PNoy defaults on FOI, Congress must now take the lead

PRESS STATEMENT FROM THE RIGHT TO KNOW, RIGHT NOW! COALITION


Kung talagang gusto, hahanap ng paraan.
Kung talagang ayaw, hahanap ng dahilan.

This is exactly where President Benigno Simeon C. Aquino III stands on the proposed Freedom of Information bill, which seeks only to enforce a constitutionally guaranteed right of the people to know and secure documents in the custody of government agencies.

The President says he supports the bill in principle, but that he has “specific questions and concerns” that he wants to be settled, before he endorses it as his priority legislation. His concerns, the President says, include his fears that FOI could unlock documents that might expose people to kidnappers, cause government losses in right-of-way cases because of property price speculations, and many other unwanted results.

Yet over the last 14 months in office, he has failed to answer and settle these concerns, and for as long a period, the FOI bill has languished in limbo.

A Malacañang study group on the FOI had told us about other, bigger concerns of the President. Through Deputy Speaker and Quezon Rep. Erin Tañada, chief author of the FOI bill in the House of Representatives, we informally and indirectly engaged the study group in constructive dialogue over the last six months.

Two critical concerns on exceptions were addressed over time in three successive drafts of the FOI bill that the Palace study group crafted – “national security” and the President’s deliberative process. These were in addition to existing exceptions in the FOI bill based on national defense and foreign affairs; military or law enforcement operation; privacy; trade, industrial or commercial secrets; drafts of adjudicatory decisions; privileged information in legal proceedings; executive session of Congress; and exceptions recognized in other statutes or the Constitution.

The legislative process practically ground to a halt, precisely because the President and his study group said they were drafting their own FOI bill. We had hoped that by the opening of the second regular session of Congress, the Palace draft would be done, and the President would have certified it as a priority measure.

We had hoped as much because we still remember: As the presumptive winner of the May 2010 elections, the President had promised to assign first priority to the FOI’s passage into law, and in June 2010, as president, he launched his government on the principles of transparency, accountability, and good governance.

This is the first time we are hearing that the President has new concerns about what he says could be the undesirable results of an FOI law.

The President assures us that he supports the FOI bill “in principle” but that because his concerns linger, he could not act on his own study group’s version of the FOI bill.

What seems like a state of principled indecision in Malacañang makes us wonder: Is the President part of the solution, or part of the problem, in assuring the passage of the FOI bill? Or perhaps neither, because he has chosen to pass up a chance to lead on a strategic policy issue that the Constitution has so clearly mandated him and all public officials to uphold and enforce – the people’s right to know.

The fate of the FOI bill was a leadership call on the President. We had not wished he would default. Yet because he has, we now refocus our efforts on the House of Representatives and the Senate, which should, without need for cue or advice from Malacañang, act now and quickly on the FOI bill.

We do so with eyes wide open that as it was in the 14th Congress under then President Gloria Macapagal Arroyo, the FOI bill could face rough, tough sailing in the 15th Congress. While Mrs. Arroyo and her allies vigorously opposed and killed the bill before it could be ratified, Mr. Aquino and his allies now seem to want to let the bill waste away, and fade in time.


THE RIGHT TO KNOW, RIGHT NOW! COALITION/
BANTAY FOI, SULONG FOI! CAMPAIGN
17 AUGUST 2011


(UP ALYANSA is a member of the Right To Know, Right Now! Coalition, and the Bantay FOI! Sulong FOI! Campaign.)