The State Council on Tuesday issued what some commentators are
calling a milestone regulation to boost official transparency by
ordering government departments to be more open in reporting
information.
The decree, signed by Premier Wen Jiabao, is likely to become
the country's most specific and progressive set of rules
encouraging the release of government information, when it takes
effect on May 1, 2008.
Governments at various levels are required to release
information which "affects the immediate interests of individuals
and groups" or which "should be known by the masses", within 20
working days, the regulation says.
Listed as priorities by the State Council are details of how
government departments plan to deal with emergencies, government
spending, specific fees for public services and results of
investigations into environmental protection, public health and
food and drugs safety.
Local governments are required to publicize data on land
acquisitions, residence relocations and related compensation.
Village authorities will have to publicize information on land
use, financial accounting, the operation of rural collective
enterprises and the family situations of village residents in order
to ensure the fair enforcement of the family planning policy.
But the regulation also contains a clause saying official
information released "should not cause social instability and
threaten the safety of the state, the public and the economy".
Commentators say it is remarkable progress for China, a country
where announcing the death toll of natural calamities was
considered taboo for decades.
The official death toll of the Tangshan earthquake on July 28,
1976, in north China's Hebei Province was not released for three
years. More than 240,000 people were killed in that disaster.
It was not until the outbreak of Severe Acute Respiratory
Syndrome (SARS) in 2003, did the authority realize the importance
of the timely release of official information.
The new regulation, is seen by the government as a move to
improve efficiency and prevent abuses of power. "It will also
safeguard the public's right to know, the right to participate and
the right to supervise," said Zhang Qiong, deputy director of the
Legislative Office of the State Council.
"The regulation will help curb corruption at its source, largely
reducing its occurrence," Zhang said at a press conference on
Tuesday.
Governments at all levels will be required to compile
information directories, that will include the name, address,
telephone and fax numbers, and e-mail addresses of departments and
people who are responsible for releasing official information.
Government departments will be checked regularly to see whether
they are withholding information and the public is encouraged to
report information blackouts, the decree says.
"In case the government fails to carry out its obligations
defined by this decree, officials responsible should be punished if
the violations are serious," its says. It did not stipulate
specific penalties but noted that serious offenders could be
prosecuted.
The rules also give the public the right to seek information
that has been not included in official announcements through a
written inquiry.
Upon receiving the inquiry, the administrative staff should
respond immediately or within 30 days at the latest.
The regulation also reminds governments to steer clear of
releasing "state secrets, confidential commercial information and
infringing on an individual's privacy".
When in doubt, officials should consult the country's laws to
determine whether or not it is inappropriate to make certain
information public, the regulation says. If they cannot decide,
they should first report to higher authorities," it says.
Confidential business information and private information of
individuals contained in government databases should not be
released without the consent of the person. Administrative staff
can only make public confidential information when they believe not
releasing it would seriously harm the public interest.
Individuals who believe their interests have been harmed by the
release of confidential information can sue for compensation, the
rules say.
Government transparency must strike a balance between keeping
state secrets, making government affairs public and safeguard the
public's right to know, said Qin Hai, head of the task force
charged with promoting government transparency.
State secrets defined by the Law on Guarding State Secrets
include classified information concerning major policy decisions on
state affairs, national defence and the activities of the armed
forces, diplomatic activities, national economic and social
development, and science and technology, state security activities
and the investigation of criminal offences, and other matters that
are classified as state secrets by the state secret protection
department.
(Xinhua News Agency April 24, 2007)
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