Update > Transparency

Transparency

2022-09-03

Transparency means that information about government decisions and actions should be freely available. It should be directly accessible to those who will be affected by the government’s policies and practices.

Political parties lay an important role in promoting transparency in government. Opposition parties in the legislature are often the main driver behind scrutiny and monitoring of the executive. Outside of the government, opposition parties play an important role in raising awareness about waste, mismanagement, and corruption in government.

Parties can also work together to promote transparency in elections. For example, in Malawi, political parties engaged in dialogue to agree on an electoral code of conduct and an amendment of the electoral law, which led to improved transparency in the elections.

Some examples of specific measures that political parties can advocate for to promote transparency include:

  • Advocating for increased or enhanced Freedom of Information policies.
  • Advocating for increased or enhanced whistleblower legislation
  • Advocating for increased or enhanced independent auditory bodies or reviews by external experts and evaluators to monitor the executive and/or bureaucracy.

People’s Right to Information in the Philippines

The constitution of the Philippines includes in the Bill of Rights a distinct guarantee for people to have access to government information. Section 7 of the Bill of Rights reads:


The right of the people to information on matters of public concern shall be recognized. Access to official records, and to documents and papers pertaining to official acts, transactions, or decisions, as well as to government research data used as basis for policy development, shall be afforded the citizen, subject to limitations as may be provided by law.

Source: Philippine Democracy Assessment: Rule of Law and Access to Justice

Examples of Transparency as an Aspect of Good Governance

Thailand
The 1997 Thai Constitution introduced new party, political finance, and election laws, under the Organic Law on Political Parties and the Organic Law on Elections, and empowered an independent Election Commission of Thailand (ECT) with oversight authority.

The new party and election laws impose stringent regulations and checks on parties. According to the law, all party officials, including branch chairpersons, must declare their assets and liabilities to the ECT, regardless of whether or not they hold public office. The new laws mandate annual party audits and financial reports that detail all expenditures and donations, including the sources of all contributions, and these reports must be made available to the public.

The ECT is responsible for managing and enforcing the political party regulations and has demonstrated its authority. In July 2001, the ECT sent dissolution requests for 17 parties to the Constitutional Court because the parties failed to abide by the new regulations. The ECT has also fined parties for accepting donations from illegal sources and submitted to the Constitutional Court over 380 cases of party officials who have failed to declare their assets and liabilities.

Malaysia
In Malaysia, there are no freedom of information laws (FOI). However, two of the state governments (Selangor and Penang) ruled by opposition coalitions have recently enacted FOI laws. The Selangor State Assembly passed the Selangor Freedom of Information Enactment, which allows public access to certain state documents. In Penang, access to information is recognized as a ‘right’ and the applicant does not have to justify asking for information.

The Parliamentary Right of Inquiry in the Netherlands

The right of inquiry (the right to investigate a matter fully) is a far-reaching power. The chamber appoints a parliamentary committee of inquiry from among its members. The committee can summon anyone it wishes to interrogate for the purpose of the investigation – politicians, civil servants and citizens. They are required to appear before the committee and answer questions on oath. The committee of inquiry makes a detailed report of its findings to the chamber. It can draw conclusions and make recommendations, but it cannot impose penalties. Various parliamentary inquiries have been held in recent years: into the bungling that went on when a new passport was introduced, into the methods of investigation used by the police and judicial authorities, into the way the plane crash at Bijlmermeer in Amsterdam was handled and more recently into massive fraud and illegal cartel agreements by construction companies.

Source: The Dutch Political System in a Nutshell