Democracy as a pot of food boiling, burning, half-cooked

A NATION’S JOURNEY from repression to democratic restoration, and on to democratic consolidation, is never a single, straight path nor a simple daang matuwid.

There are, in fact, multiple roads to democratic transition, multiple paths strewn with trials reversals or even a series of missteps.

In truth, democratic transition could also be likened to “a pot of food that has been boiling in the stove, you smell it, it could be good or bad, it is food that someone has already cooked, it could be burning at the bottom or even not yet quite cooked.”

So, what next? “First thing you do is lower the heat, check for the missing ingredients, balance the flavor, see the role of the media, civil society, and all other stakeholders” to help cook it well.

Journalists from various countries who spoke at the keynote session of the Journalism Asia conference that opened today, Feb. 15, 2013, in Chiang Mai, Thailand, agree to the last that democratic transition is never a neat, smooth process.

There are, in truth, “different pathways to democratize,” said one speaker. The process unfolds sometimes as “a sequence of events,” or “sometimes a one-way street,” or sometimes as a combination of “the right boxes.”

One key element must be present though, he said: Greater or more media freedom fosters greater or more democratic rule. A positive development, too, is the emergence of social media
that “tends to have a democratizing effect in restricted democracies.”

Another speaker noted that democratic transition in Southeast Asia has become difficult “because no moral power,” including for instance, “no adherence to universal principles of human rights” nor understanding of the framework of human rights and democracy.

After transition, “discrimination continues” and “new forms of oppression” emerge. And while the situation “is no longer black and white… big swamps of gray, a morass of gray” remains in society.

Despite democratic revival in Thailand, Indonesia, the Philippines, and Burma, the speaker noted “bigger splits have been created along religious lines, ethnic lines, expressed not just by governments but also by public” in some nations.

Yet a third speaker saw a problem with the fact that “no countervailing institution exists to check power, only the power of public opinion mediated by the press” in the post-transition nations of Southeast Asia.

Nonetheless, because politicians exercise power and get elected “mainly with the support and blessings of the media,” the post-transition milieu “amplifies the power of media way beyond its real power in a democratic context.”

As is happening in the former Soviet Union, in most of Southeast Asia today a picture of “old mafias” holds sway, the speaker said. “Mafias” from the military, religious groups “brandishing the bible” or lawyers “brandishing the Constitution,” and even the media, endure.

The hapless result is that “democracy might bring about the restoration of the old elite” in tandem with “the new centers of power.”

But “the most dangerous part” about “the media as a mafia,” according to the speaker, is that it has “its own romantic appeal, its own independent source of legitimacy, a power (drawn from) the glow or the afterglow of the democratic restoration.”

With its “fresh mandate to change things” after the transition to democracy, the media must be “prepared to assume that power” or the results could be “very scary.”

Yet a fourth speaker observed that the most delicate part of democratic transition is the process of consolidation.

“It’s a make-or-break process with no warranties, no guarantees of good results,” the speaker said. “New problems, new conflicts, new players emerge.” The process is assuredly often “messy and bloody.”

The “Journalism in Asia 2013″ forum is being organized by the Center for Media Freedom and Responsibility and the Southeast Asian Press Alliance. Journalists, academics, and civil-society representatives from the Philippines, Indonesia, Thailand, Malaysia, Cambodia, and Myanmar are participants.

PNoy gov’t failure to pass FOI bill on agenda at OGP meeting

THE FAILURE of the Aquino administration to pass the Freedom of Information (FOI) Act in the last three years — contrary to its avowed commitment to the Barack Obama-led Open Government Partnership (OGP) project — is up for discussion this week by an OGP subcommittee.

A report posted Wednesday on the www.freedominfo.org website said an OGP subcommittee “is expected this week to discuss whether the OGP should signal its disappointment with the Philippines government for failing to pass freedom of information legislation.”

The report said the discussion was prompted by a recent request from Atty. Nepomuceno Malaluan, co-director of the Institute for Freedom of Information, and Toby Mendel, executive director of the Centre for Law and Democracy.

The request “poses a challenge to OGP officials, who have said that criticizing governments is not an OGP function,” FreedomInfo.org, the global network of FOI advocates said.

A similar situation had arisen in late 2011 when the OGP was asked to comment on the pending secrecy bill in South Africa. “The member governments of the OGP Steering Committee decided against making a statement, but the members from civil society wrote a joint letter expressing concerns about the controversial South African bill,” the report said.

The letter of the CSO representatives urged the South African government to listen to the civil society concerns and said passage would cast “a shadow” over South Africa’s participation in OGP.

“A broad South African civil society coalition, the Right2Know Coalition, had asked the OGP leadership to object to the bill, maintaining that the bill was inconsistent with South Africa’s participation in OGP, particularly as a founding member and Steering Committee member,” the letter stated.

The secrecy bill has been modified, although not entirely to critics’ satisfaction, and is expected to pass in the near future, FreedomInfo.org said.

In their letter to the OGP dated Feb. 8, 2013, Malaluan and Mendel averred the recent failure of Philippines Congress to pass a freedom of information law and expressed “the widespread view among FOI supporters in the Philippines that President Benigno Aquino failed to deliver on his campaign promise to pass a FOI law by being slow to propose a bill and failing to encourage legislative action.”

FreedomInfo.org cited that the OGP action plan that the Aquino government had submitted calls passage of a FOI bill as a “critical component” of its plan.

The Philippines government is a founding member of the OGP and together with the South African government, serves on the OGP Steering Committee.

“We sincerely hope that the OGP Steering Committee takes decisive action in response to this fact that the Philippines still does not have an RTI law,” said Malaluan. “If it does not, we believe that the credibility of the OGP will be at risk.”

According to Freedominfo.org, the OGP Governance and Leadership Subcommittee is likely to discuss the topic on a scheduled teleconference call this week in advance of an in-person meeting to be held next week in Jakarta, according to OGP officials.

Yet still, the report said “the likelihood of OGP comment is considered slight. Officials from OGP member countries have been reluctant to publicly criticize other countries. In addition, the OGP philosophy is geared toward encouraging participation and voluntary action.”

“Progress on action plans is to be self-assessed by governments and examined through an Independent Review Mechanism,” the report said.”The self-assessments by the Philippines government and the other seven founding members are due by the end of March. The selection of an independent reviewer for the Philippines and the other founding members is under way, with those reports due in October.”

Malaluan and Mendel noted in their letter that the OGP Article of Governance says that Steering Committee members should show “leadership by example for OGP in terms of domestic commitments.” They asked that the OGP “signal to the Government of the Philippines that its actions are not in accordance with the norms and expectations of the OGP.”

“The OGP has addressed what to do if countries consistently fail to fulfill their pledges over time, adopting a rule that subpar performance over three consecutive years could lead to suspension, FreedomInfo.org said.

The key provision of the Articles of Governance states:

“Should the IRM process find that a participating government repeatedly (for three consequent years) acts contrary to the OGP process and to its Action Plan commitments (Addenda B and C), fails to adequately address issues raised by the IRM, or is taking actions that undermine the values and principles of the OGP, the Steering Committee may upon recommendation of the Criteria and Standards (CS) Sub-committee review the participation of said government in OGP>”

FreedomInfo.org said another “unresolved internal OGP controversy” involves the Philippines: Which three member-countries should step off the Steering Committee to make room for new members.”

Norway has agreed to drop off, and both the Philippines and South Africa seemed the likely other two candidates, the report said.

However, it added that South Africa has balked and expressed “concerns about being it asked to volunteer to rotate off while the Philippines was being encouraged to remain on.”

“The Philippines had originally indicated a willingness to rotate off, but later changed its mind,” FreedomInfo said, citing sources.

The lead co-chair of the OGP, the United Kingdom, was said to be trying to resolve the situation.

OGP officials said the recent request to send a “signal” to the Philippines would likely come up at meeting of the Governance and Leadership Subcommittee.

The four members of the subcommittee are the representatives of the governments of Indonesia and the United Kingdom (chair), and of the International Budget Partnership and Twaweza.

Minutes of OGP subcommittee meetings are prepared and released. The most recent posted subcommittee minutes date to last September. Some can be found on the “Meeting & Minutes” page and others can be found under “related files” on the “Governance Staff and Donors” page.

The next OGP Steering Committee meeting is scheduled late April in London, FreedomInfo.org said.

Death watch for FOI: Belmonte surrenders, PNoy chief obstacle

IT’S THE EVE of the last session day of the House of Representatives, and the death watch for the Freedom of Information (FOI) bill has begun.

By all indications, the election campaign — not the FOI nor any other reform bills — is on top of mind of a majority of lawmakers seeking re-election or higher office on May 13, 2013.

But first, let’s do a wrap of differently pegged stories about the gasping-for-life FOI bill.

First, the story of surrender by Speaker Feliciano Belmonte Jr. and Rep. Ben Evardone, House committee on public information chairman. In a repot on Monday by GMANews Online, Belmonte pronounced the FOI bill “technically” dead.

He dashed all hopes that the FOI bill could still pass, with the House holding its last three session days this week. The lack of time, he said, would not allow for vigorous debate on the bill. “We cannot just curtail interpellation. May mga gustong mag-interpellate.”

Days earlier, Evardone himself had said he was waiving the white flag of surrender, then proclaimed the FOI bill dead. Yet just as quickly, Evardone was named as a co-spokesperson of the ruling Liberal Party coalition and its official candidates in the May 2013 elections.

The outlook for FOIbill’s passage is grim yet Belmonte said there was still a “slim chance” to pass it, if President Benigno Aquino will only certify it as urgent. “If the President certifies it, we can meet beyond Wednesday and Thursday. In that sense, there’s still that slim chance. Hanggang alas-dose ng gabi, basta huwag lang mawala ang quorum,” Belmonte said.

But Aquino has been tagged as the main stumbling block to the quick passage of the bill in a second story that an international group of freedom of information advocates ran days ago.

Titled “Lack of Aquino Support Seen Dooming Philippines FOI Bill,” the story was posted online at www.freedominfo.org, a global network of FOI advocates.

The story lamented the President’s position, as relayed by Presidential spokesman Edwin Lacierda on Jan. 31: “Our position is let’s have a debate, a healthy debate on this issue and we’ll take it from there.”

Freedominfo.org cited reports quoting House members saying that Aquino does not want the bill passed.

Atty. Nepomuceno Malaluan was quoted in the story as saying that Lacierda’s “healthy debate” proposition is “an insult,” adding that Aquino and Lacierda knew full well “that the House leadership had used every parliamentary trick in the books to prevent any debate from happening.”

Freedominfo.org took notice of interviews in the Philippines press by various lawmakers who categorically said Aquino himself did not like the FOI bill passed.

For instance, Isabela Rep. Rodolfo Albano, a member of the minority bloc, had told the Inquirer that, “I heard that the Malacañang is not for it.”

The Manila Standard also quoted Albano as saying that Aquino
“does not like the FOI bill. That’s what I gathered from Palace sources.”

in addition, House Minority Leader Danilo Suarez had said, “If they want the FOI they can just ram it through our throat.” Speaking at a news conference, he added: “But obviously, the Palace itself is not interested in passing the bill.”

Meanwhile, CIBAC Party-list Rep. Sherwin Tugna was quoted to have said in a Jan. 29 news report that, “FOI is not supported by Malacañang.”

Freedominfo.org also cited remarks made by FOI bill co-author Rep. Walden Bello. “I don’t really know what Malacañang priorities are at this point. In fact, I am not sure if the House leadership wants this bill to get through.”

Yet still a third story to the last raised a challenge to House lawmakers and Aquino: Pass the FOI bill.

In a statement, youth leaders of the University of the Philippines (UP) DARE Movement said: “Higit kailan, napapanahon na ang pagpasa ng Freedom of Information Bill na matagal nang iniwan sa lugmok na sitwasyon ng ating mga mambabatas.”

“Bilang mga Iskolar ng Bayan at progresibong mamamayan, nanawagan kami kay Pangulong Aquino na iwaksi na ang pagpapabaya at bagkus unahin ang interes ng sambayanan,” the student leaders said.

Men in black fire upon 4 cars of Thai TV station in Bangkok

A SHOOTING ATTACK on four cars belonging to television station ASTV in Thailand that was carried out by unidentified people early morning of Jan. 26, 2013 has raised serious concern from the Reporters Without Borders (Reporters Sans Frontieres or RSF).

“Spraying a news organization’s vehicles with bullets is a serious act,” RSF, a press freedom organization based in France, said in a statement. “The attack is a reflection of the current hostile climate for journalists and those who work in news and information in the country.”

RSF said the investigation being carried out by the authorities “must be concluded quickly so that those behind the crime are held to account for their actions.”

“The authorities must also take action to stem the tide of violence and threats against the media and to protect the right to information,” it added.

According to RSF, the attack took place at the head office of ASTV at the Baan Chao Phraya building, on Phra Athit Road in Bangkok. It was only when ASTV journalists arrived at the site
the following morning that the attack was discovered. Four cars were riddled with bullets, believed to be from a .22 calibre gun, RSF reported.

After checking video surveillance footage, the police police said a man dressed in black was seen approaching the scene about 3:25 a.m. on Jan. 26.

General Kamronwit Thoopkrachang, chief of the Metropolitan Police Bureau, said the motive for the attack was not known, RSF said.

The ASTV group is close to the People’s Alliance for Democracy (PAD), which consists of opponents of the current government who are popularly known as the “yellow shirts”.

A few days earlier, RSF said soldiers held a demonstration outside the PAD’s headquarters to protest its criticism of the head of the armed forces, General Prayuth Chan-ocha.

RSF said Gen. Prayuth has denied that any soldiers were involved in the attack on ASTV.

PH slips 7 pts again in 2013 World Press Freedom Index

The PHILIPPINES did it again — slipped 7 points but this time, in a global index of media freedom and freedom of information.

The country’s ranking in the 2013 World Press Freedom Index dropped in rank from 140 in 2012 to 147 in the latest report that covers 179 nations of the world.

Released today, Wednesday, by Reporters Without Borders (Reporters Sans Frontieres) the Index placed the Philippines in the “red” zone of nations where the state of media freedom and freedom of information stand significant improvement.

The Philippines came ahead of countries that all, except for Burma, scored lower in the 2013 Index. These are Russia, Singapore, Iraq, Burma, Gambia, Mexico, Turkey, Swaziland, and Azerbaijan that were ranked No. 148 to 156.

However, the Philippines just trailed nations, some newer and weaker democracies, in the latest Index, notably India, Oman, DR Congo, Cambodia, Bangladesh Malaysia, and Palestine that were ranked No. 141 to 146 in the latest Index.

Thailand landed at No. 138, and Indonesia, No. 141, although both had launched their reformasi and democratization movements years after the EDSA people power revolt of 1986 in the Philippines.

In the 2013 Press Freedom Index, Reporters Without Borders said it was publishing for the first time an annual global “indicator” of worldwide media freedom.

“This new analytic tool measures the overall level of freedom of information in the world and the performance of the world’s governments in their entirety as regards this key freedom,” it said.
“In view of the emergence of new technologies and the interdependence of governments and peoples, the freedom to produce and circulate news and information needs to be evaluated at the planetary as well as national level. Today, in 2013, the media freedom “indicator” stands at 3395, a point of reference for the years to come.”

The indicator can also be broken down by region and, it added, “by means of weighting based on the population of each region, can be used to produce a score from zero to 100 in which zero represents total respect for media freedom. This produces a score of 17.5 for Europe, 30.0 for the Americas, 34.3 for Africa, 42.2 for Asia-Pacific and 45.3 for the former Soviet republics.”

However, “despite the Arab springs, the Middle East and North Africa region comes last with 48.5.”

The year 2012 was “the deadliest year ever registered by Reporters Without Borders in its annual roundup,” citing “the high number of journalists and netizens killed in the course of their work.” This factor “naturally had a significant impact on the ranking of the countries where these murders took place, above all Somalia (175th, -11), Syria (176th, 0), Mexico (153rd, -4) and Pakistan (159th, -8).”

Founded in France in 1985 by four journalists, and registered in 1995 as a non-profit organization, Reporters Without Borders has correspondents in 150 countries of the world today.

Its statement of purpose declares that, “freedom of expression and of information will always be the world’s most important freedom.”

On its official website, the group says: “If journalists were not free to report the facts, denounce abuses and alert the public, how would we resist the problem of children-soldiers, defend women’s rights, or preserve our environment? In some countries, torturers stop their atrocious deeds as soon as they are mentioned in the media. In others, corrupt politicians abandon their illegal habits when investigative journalists publish compromising details about their activities. Still elsewhere, massacres are prevented when the international media focuses its attention and cameras on events.”

“Freedom of information is the foundation of any democracy. Yet almost half of the world’s population is still denied it,” it adds.

The 2013 Index did not offer a specific section on the state of media freedom in the Philippines. However, in its 2011-12 Index, Reporters Without Borders ranked the Philippines No. 140 (out of 179 countries surveyed), noting that, “the (Aquino) government that took over in July 2010 has not yet responded effectively to the media’s problems.”

Last year’s Index averred that, “threats and violence against local radio station hosts (including physical attacks and murders) and the culture of impunity represent the biggest obstacles to media freedom.”

Paramilitary groups and privately-owned militias, which were included in the 2011 list of Predators of Press Freedom, “have been implicated in most of the attacks on journalists since democracy was restored in 1986,” the group said. “Corruption facilitates the impunity enjoyed by those responsible for violence against journalists. Politicians maintain links with criminal networks. The judicial system is not sufficiently independent.”

According to the 2012 Index, “difficulty accessing information, self-censorship and journalists’ low pay also pose serious problems for the independence of newspapers, which are often influenced or controlled by powerful business and political interests.”

The group had lamented that, “the trial of 96 people accused of planning and carrying out the 23 November 2009 massacre in Maguindanao province, in which 32 journalists were killed, has been under way for more than a year without anyone being convicted yet.”

Reporters Without Borders also noted the opposition to the right of reply bill pending in Congress that media organizations have called an “act of terrorism against the media,” as well as “the revised criminal code and the witness protection program constitute obstacles to media freedom and give the authorities the power to silence undesired voices.”

In the Philippines, “the environment for journalists is marked by fear and violence,” the 2011-12 report said. “The prevailing impunity, particularly on the island of Mindanao, one of the world’s most dangerous regions for journalists, is holding back the process of improving the media freedom situation and the right to information.”

Last year’s Index stressed that President Aquino had promised during a meeting in August 2010 with the Freedom Fund for Filipino Journalists the National Union of Journalists of the Philippines to take the “necessary concrete measures” to stop the killings.