Transparency of GOVT, COM. and NGO in China

Yu Xiaogang

Green Watershed, China

Mekong Forum on Water, Food and Energy Dec 7-9, Phnom Penh, Cambodia

SARS(2003)

Minister of health :Zhang WenkangMayor of Beijing: Meng XuenongWere dismissed for no transparency

Songhua river pollution case

Xie zhenghua, minister resigned

Regulation on disclosure

• May 1, 2008

• the Regulations on Government Information Disclosure. came into effect

• The regulations stipulate that government offices have an obligation to publish all information regarding the institution and its operation, with the exception of properly defined "secrets".

• town and township levels disclose implementation of relevant state policies , revenue and expenditure

• county or city levels publicize plans about local development, the examination and approval of major projects Provincial governments publicize policies and overall plans for local economic and social development, fiscal budget reports and final account reports

• State release information on natural disasters, emergencies and production safety accidents …

• Source :e- government plan

Results：

• China Administration Transparency Report Lauched

（ 2011.9.30）by Peking University

• evaluated 30 provincial governments and 43 institutions set up by China's State Council.

• “over 60 percent of 30 provincial governments have passed information transparency requirements.”

• “about 80 percent of State Council institutions failed the transparency requirements.”

• The Chinese Academy of Social Science released a survey report, 2011-02-28

• The survey investigated 59 departments, of which 43 departments released information for review.

• A full mark of 100 points equates to a “transparent government”. Only 8 departments received a satisfactory score.

Complaints on government transparency

•

1. Too hard to get information.

• 2. Too much information needed from applicant.

3. Information is not useful.

• 4. State secrets, commercial secrets, privacy are often excuses for rejection.

China's Supreme People's Court (SPC) issued a judicial explanation

• August 13,2011

• China's Supreme People's Court (SPC) issued a judicial explanation to regulate and standardize trial procedures for government information disclosure cases.

• citizens may file lawsuits against governments if their requests for information disclosures are rejected or if they do not receive a response from the government before a specified deadline.

• Secrets protection, but If the secrets concern to damaging public interests, should be disclosed.

Zijin co., pollution case

• Zijin Mining Co. case

• List in stock marked, the biggest gold production company, was stopped transaction for several days for not disclose environment information. The toxic material polluted the local rivers.

• It refuse to disclose info to public:

• NGO use internet to publish the info on Zijinpollution case.

• The turn point of public require information from companies.

• NGOs later find, include Zijin co., there 175 companies listed in HK stock market have pollution record insied China, the listing companies must be check and disclose environment information to public and investers.

•

• In year 2009-10

• Information disclosure regulations issued

for

• Companies list in stock market

• State owned central level Companies

• Bank and financial sector

And for

their regulation commissions (government).

l

• NGO, foundation requiremen

• 三天毁掉一百年

• Guo meimei, 20year gird English name Baby.

• Destroy 100 year reputation of Red Cross within 3 days.

• She show her luxurious live and her relationship with top leader of RC was uncovered

• The public donation for ordinary year decrease sharply

• 2008, 24 billion • 2009, 50 billion • 2010, 60 billion

• 2011, 20 billion

• RC impact whole charity sector and NGOs.

• 2011, “The year for NGO transparency “

• Many NGO disclose their finance and implementation report.

• The NGO transparency has been discussed for 20 years, various guides produced, however only a few NGO seriously followed.

• Gou Meimei force NGOs to be more transparent, if NGO want survival.

• The regulation of information disclosure for social organization have been consulted and discussed, and will be issues earlier next year.

• Thank you