(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release: ARTICLE 19 calls on Indonesian legislators to promote openness and reject secrecy ARTICLE 19 welcomes the initiative by the Indonesian House of Representatives to adopt a freedom of information law recognising the right to access information held by public authorities. However, there is a […]
(ARTICLE 19/IFEX) – The following is an ARTICLE 19 press release:
ARTICLE 19 calls on Indonesian legislators to promote openness and reject secrecy
ARTICLE 19 welcomes the initiative by the Indonesian House of Representatives to adopt a freedom of information law recognising the right to access information held by public authorities. However, there is a risk that this important initiative will seriously be undermined by a State Secrecy Bill currently being drafted by the government.
The need to protect the public’s right to information is widely recognised in Indonesia, including by President Megawati in a recent conference statement. The Indonesian House of Representatives has agreed to consider a draft freedom of information bill proposed by a cross-party group of legislators. According to reports, a special committee will be set up in June 2002 to undertake this task with a view to finalising the bill by the end of this year. At the same time, however, the government is preparing secrecy legislation, a draft of which has yet to be made public.
ARTICLE 19 encourages the House of Representatives to ensure that the public’s right to know is guaranteed by adopting freedom of information legislation as soon as possible. It is important that this legislation be adopted before a secrecy law to combat the prevailing culture of secrecy within government. Furthermore, it is imperative that this fundamental human right is given legal recognition before the government seeks to restrict it. In addition, it should be clear that in case of conflict, the freedom of information law should prevail over any secrecy law. If freedom of information legislation is drafted properly, and the regime of exceptions is comprehensive, this regime should not be extended by secrecy laws.
Toby Mendel, Head of Law Programme at ARTICLE 19, said today:
“In the interests of openness, good governance and combating corruption, it is essential that the House of Representative urgently address the need to pass legislation recognising the right to information. Careful consideration should be given to whether or not secrecy legislation is necessary. In our experience, secrecy laws often seriously undermine freedom of information legislation and appropriate exceptions can protect all legitimate secrecy interests.”