Over coffee in one of Manila's many vibrant cafes, the day before, I asked my Filipino hosts if the much awaited Freedom of Information Bill would be ratified by Congress on June 3. The media, in the week I was in Manila, gave wide coverage to the possible ratification of the Freedom of Information Act.

The Bill had been proposed 14 years ago. The Right to Know, Right Now coalition of 130 media and civil society groups had been pushing very hard to have the FOI Bill ratified since it was passed by the Congress on May 12, 2008.

Said Malou Mangahas of the Philippine Center for Investigative journalism that "it would take only two minutes to ratify the FOI Act," as long as there was a quorum in the final session of Congress before the new government of Aquino took charge of the country.

My host, a former judge, was not optimistic. "It will not be ratified. This is a graveyard Bill as it could be used to review and audit the past actions of lawmakers and public officials retrospectively..."

The FOI Act was not ratified as many Filipinos had feared, due to a lack of quorum in Congress on June 3, 2010.

Many commentators and activists pointed out that the lack of quorum was a convenient reason to kill the FOI Act.

The recipient of the prestigious Ramon Magsaysay Award for Community Leadership in 2000 was Aruna Roy, leader of India's Right to Information Movement. Aruna Roy told Filipinos in a public talk that "Democracy is about making truth powerful and making power truthful. If the Philippines is a democracy, then the government has to give the FOI Act to you."

Shroud of secrecy

The right to information gives the public the right to know, to have access to government records and data.

How can any government claim to be transparent, honest and clean if it is cloaked in a shroud of secrecy?

What do governments have to hide? Perhaps midnight deals and closed tenders?

Interestingly, the Philippine media in the last few weeks have highlighted the midnight appointments to government positions and awards of contracts by the Arroyo Administration which hands over power to a new administration on June 30, 2010.

Who will benefit from this midnight madness asked several editorials.

An editorial in The Philippine Star on June 1, 2010 highlighted the flurry of appointments such as the appointment of judges, a new military chief and others by the incumbent leadership. The editorial in bold type, added that a personal manicurist and gardener had secured government positions.

Press freedom is certainly alive in the Philippines as the media is courageous enough to highlight the midnight appointments and deals.

Will we Malaysians ever get a hint of the appointments, procurement deals and cheques signed during the last days of incumbent prime ministers?

Without a Freedom of Information Act, it will not be possible to have access to information on the midnight deals and appointments. With political parties owning most of the mainstream media, midnight deals signed by outgoing leaders will remain in the Official Secrets Act files.

Environment for corruption

The absence of FOI legislation creates a fertile environment for corruption.

Politicians and public officials, in such an environment, may release information on the basis of discretion. The temptation to withhold information that may highlight corrupt practices, fraud or that which is embarrassing is irresistible.

A great deal of information that affects the daily lives of citizens are kept under wraps by governments. Many countries have realised a better informed public can participate effectively in the democratic process.

The right to information is also the right to survival and livelihood, emphasises Aruna Roy who also led workers and farmers in the campaign for right to information legislation in India.

The Magsaysay awardee has learnt through her involvement in democratic struggles that many rights such as access to land, employment, housing, education, food and medicine could be enabled by law.

People must have the legal right access to government records as their livelihood is linked to these records.

James Madison, one of America's constitutional fathers in advocating for the public's right to know said, "A popular government without popular information or the means of acquiring it is but a prologue to a farce or tragedy, or perhaps both."

Sweden, one of the least corrupt countries globally, instituted a freedom of information legislation in 1766.

Some examples of countries who have taken the path of legislation for the right to information are USA 1966, Denmark 1970, New Zealand 1992, Thailand 1997, Japan 1999, South Africa 2000, India 2005, Indonesia 2008.

In many countries the right to freedom of information is enshrined in the constitution.

In some countries the Freedom of Information Act applies not only to the Executive but also to local authorities and even to the records of private companies that are involved in government contracts including state owned entities.

Both the BN and Pakatan Rakyat must demonstrate their real commitment to openness and increased accountability at all levels of government federal, state and local. The culture of secrecy that prevails within the public service must be replaced with a culture of openness.

Our leaders who have nothing to fear or bury, must stand up for that graveyard Bill - the Freedom of Information Act which the Filipino advocates of the right to information have vowed to resurrect.

JOSIE M FERNANDEZ is currently an Asian Public Intellectual Fellow, director of Philanthropy Asia, researcher and engages with Transparency International Malaysia in anti-corruption measures. She holds a masters degree in development management from the Asian Institute of Management, Philippines. Working on sustainability, philanthropy and anti-corruption actions are some of her current passions besides writing.