Because the public have the right to know

Gita Widya Laksmini Jakarta

The information people have about a particular person enables them to develop certain attitudes toward him or her. This does not apply to favorable information only. The more the people know, the more they are able to understand their feeling about the subject. The "I think, therefore I exist" quote is no longer sufficient, what works now is "we know you, therefore you exist."

The recent election shows us that the reluctance of the Megawati administration to deliver information in a timely fashion on public matters likely led to her recent election disaster. Ill-timed information, in abundance, during the campaign flooded the people with cynicism. Open access to information, not only on the achievements Susilo Bambang Yudhoyono, but also of his less spectacular actions, proved beneficial in the his recent election victory.

In the coming years, similar occurrence will take place all over Indonesia as this country launches its direct regional elections. As the legislative and presidential elections have shown, the people need information to be involved, to establish engagement and make critical choices. It is clear that information is the oxygen of democracy, without it democracy suffocates. Therefore, it is essential for democratic nations to secure legal protection on freedom of information, because without open access to public information, the democratic nature disappears.

On Sept. 28, the international community commemorated the World's Right to Know Day. It was a day when numerous organizations from various countries around the globe met in Sofia, Bulgaria, to launch a global movement for the promotion of the right to information as a basic human right, to access government-held information and to establish open and transparent governance. The hope is that there will come a day when all governments in the world recognize their obligation to guarantee the right of each individual to access to information on what the governments are doing. And this applies to the Susilo Bambang Yudhoyono administration as well.

To secure full guarantees on the right to information, all public bodies must realize that they are obliged to provide information to all individuals. Access to public information is not limited to House of Representative member or police officers or those with press ID cards, it must be open to everybody from all walks of life. Why? Because every person has the right to ensure accountability about the work of the public administration, the powers of the State in general and of public service agencies so people can see if they are carrying out their various tasks effectively. People require access to information held by the authorities. The authorities then must be legally required to make the information available to people in a timely and complete manner. It is the government's responsibility to create and maintain public records in a serious and professional manner so that the right to information can be effectively exercised. (Article XIX The Lima Principle: International Principles on Freedom of Information London 2000).

On a national level, the advocacy to enact the Freedom of Information (FOI) Act to provide full legal guarantees to the public's right to know is led by the Coalition for Freedom of Information, which consists of around 40 NGOs and concerned individuals. The Coalition has submitted its legal draft to the DPR in March 2002 and its Special Committee (Pansus) finished their analysis on the proposed Freedom ofInformation draft (RUU Kebebasan Memperoleh Informasi Publik or RUU KMIP) in July 2004. More progressive measures have come at the local level as Gorontalo, Kendari and Lebak have ratifed Regional Regulation (Peraturan Daerah or Perda) on Transparency and Participation, which guarantee information as a basic human right. And soon Malang and Tangerang seem set to follow. In Gorontalo, according to Perda no. 3/2002, if a public official fails to carry out the Commission on Transparency's decision to provide information, he or she might end up in prison for 3-6 months and/or be fined up to Rp 100 million.

The next step to enact the FOI Act will be determined within meetings between House members and the government, where they will discuss the legal provisions in the FOI draft. This forum is pivotal to fully guarantee the right of each individual, without any discrimination, access to government-held information. It is important for all public officials involved in this upcoming forum to remember that they are obliged to provide information to all individuals, for example, by granting access to attend the meetings and to access available documentation, including the minutes of meetings.

Ironically, it seems this upcoming forum is likely to be held in secret. Even democratic governments prefer to conduct the bulk of their business away from the eyes of the public, as in Swahili one of the words for government means "fierce secret" (A. Puddephat The Public's Right to Know: Principles on Freedom of Information Legislation Article XIX London 1999). It is also safe to assume that perhaps typical restrictions, such as national security, would be thoroughly elaborated upon in this forum.

The right to know is indeed not an absolute right, it recognizes some limitations and restrictions. However, to be legitimate, restrictions on the grounds of national security has to have a genuine purpose and demonstrable effect in protecting a country's existence or its territorial integrity against the use of threat of force or its capacity to respond to the use or threat of force, whether from an external source, such as a military threat, or an internal source, such as incitement to violent overthrow of the government (Article XIX Johannesburg Principles: National Security, Freedom of Expression and Access to Information London 1996). And this has already been covered thoroughly in the FOI draft proposed by the Coalition.

The right to know, without a doubt, concerns us all. On Sept. 28 we hailed the global movement that supports the promotion of the right to information as a basic human right. To fully acknowledge this spirit, let us join hands in scrutinizing the upcoming discussion and forums on the FOI draft. Let us monitor the performance of the newly elected House members and representatives of Susilo's administration in securing legal guarantees to freedom of information. Let us ensure that they fully recognize that we, the public, have the right to know.

The writer (gwidyal@yahoo.com) is the Network Coordinator of the Coalition for Freedom of Information Act and Program Manager of Human Rights Education in Institute for Press and Development Studies (LSPP).