STRATEGIC SPEAKER INITIATIVE - EMBASSY MANILA

UNCLAS SECTION 01 OF 02 MANILA 000625 SIPDIS SIPDIS STATE FOR IIP/G/EA - EKENEALY; INFO EAP/PD - AGRIMES, DFIRESTEIN; EAP/MTS - NDEAN, PINGENERI E.O. 12958: N/A TAGS: KPAO SCUL OIIP RP SUBJECT: STRATEGIC SPEAKER INITIATIVE - EMBASSY MANILA REQUEST FOR SPEAKER: HOW LAW ENFORCEMENT AGENCIES AND CIVIL SOCIETY ACTIVISTS HAVE A COMMON INTEREST IN ACCESS TO INFORMATION ¶1. In the framework of the Strategic Speaker Initiative, Embassy Manila requests a speaker who will be able to argue effectively that law enforcement agencies and civil society activists have a common interest in modifying laws and administrative procedures that block access to information and sometimes inadvertently shield those who engage in corruption and other criminal activity such as the financing of terrorism. We propose that this program take place in the fourth quarter of FY 2007, preferably in September. ¶2. Justification and Objective: Good governance, economic development, and the fight against terrorism are all undercut by overly strict laws blocking access to information. The Philippines currently has stringent banking secrecy laws as well as laws and administrative barriers that make it very difficult for law enforcement agencies to engage in wiretapping or other forms of surveillance. Those laws and regulations are intended to protect the law-abiding public, but in practice they shield those involved in corruption and other illegal activity such as the financing of terrorism. "Sunshine" laws such as the U.S. Freedom of Information Act and well-regulated law enforcement powers to wiretap and conduct surveillance are not at odds with civil liberties but rather act complementarily to deter crime, corruption and terrorism - all of which corrode civil society. However, many civil society activists here regard the possibility of loosening privacy laws with deep suspicion. It would be very helpful to have a speaker who could demonstrate convincingly to them that in fact their interests and the interests of law enforcement agencies overlap to a significant degree and that legitimate law enforcement needs can be met without trampling on the rights of the innocent. ¶3. The core ideas we want the speaker to communicate are: -- Freedom of Information laws are powerful tools useful to both civil society advocates and law enforcement agencies, whose interests converge in fighting corruption and other forms of criminal activity. -- Responsibly administered access to information creates both a freer and a safer society by exposing corruption and criminality and 
enabling effective prosecution of the perpetrators. -- Access to information by law enforcement and "watchdog" groups not only assists in prosecution of criminals and corrupt parties, it deters corruption and criminality. -- Protection of civil liberties can be compatible with well regulated access by law enforcement and regulatory bodies to the information they need to do their jobs. ¶4. Purpose of the Program: This program directly supports three of our top-priority MPP goals: Prevention and Response to Terrorism, Economic Growth and Development, and Support for Democratic Systems and Practices. It also directly addresses major aspects of the following Strategic Speaker's Initiative criteria: Meeting the Challenge of Terrorism, Democracy and Rule of Law, Trade and Investment. ¶5. Audience: The speaker's program will include venues in Manila, Cebu and possibly Davao. Audiences will include government and law enforcement officials, financial professionals, civil society activists, and students studying government, finance and law. We will arrange print and electronic media interviews in order to maximize the "reach" of the program. ¶6. Proposed Topic: "Reasonable and Well-Regulated Access to Information Is Good for Law Enforcement and for Society." We propose that the speaker focus on showing how carefully crafted Freedom of Information laws and well-regulated law enforcement powers to wiretap and conduct surveillance are can be compatible with civil liberties and deter crime, corruption and terrorism - all of which corrode society. Currently, Philippine law is overly rigorous in protecting bank secrecy, and laws and administrative procedures make it very difficult for law enforcement agencies to use wiretaps and other forms of surveillance to obtain evidence. Philippine law protects civil liberties to such an extent that many criminals are never brought to trial because law enforcement agencies cannot collect evidence that can be used to make arrests and get convictions. As a result, it is difficult to uncover crime and/or obtain convictions against those who engage in corruption and other criminal activities such as violation of intellectual property rights and even the financing of terrorism. ¶7. Type of Specialist: We suggest Judge Richard Posner, author of "Not a Suicide Pact: The Constitution in a Time of National Emergency." His contact information follows: Richard A. Posner, Senior Lecturer in Law, 1111 East 60th Street, Chicago, IL 60637; phone: 773-702-9608; email: hkafra@uchicago.edu. If Judge Posner is not available, his son, Eric Posner, who also writes on this subject, would be an excellent substitute. His contact information follows: Eric A. Posner, Professor of Law, University of Chicago Law School, 1111 E. 60th Street, Chicago, IL 60637 USA; Phone: 773-702-0425; Fax: 773-702-0730; E-mail: MANILA 00000625 002 OF 002 eric_posner@law.uchicago.edu. Post would appreciate IIP's assistance in identifying other alternatives should both suggested specialists not be available. ¶8. Language Requirement: English is widely spoken in the Philippines. ¶9. Materials Required: Mission requests the speakers' CVs as well as an abstract of the presentation. We would also appreciate an advance copy of visual aids (e.g., PowerPoint presentation),and any other materials, such as a bibliography and reprints of any articles written by the speakers. ¶10. Control officer will be ACAO Stephen Ashby; office phone (63-2) 525-0426; home phone (63-2) 833-9176, fax (63-2) 525-0427; email: AshbySM@state.gov. Assisting Mr. Ashby will be Cultural Affairs Specialist Jomar Ascano; office phone (63-2) 523-1001 ext 2524; fax (63-2) 522-1608; email:AscanoJA@state.gov. ¶11. Funding specifics: We request that this program be funded through the Strategic Speakers Initiative. Post welcomes other missions in the region co-programming the speaker. KENNEY