Sindh’s proposed Right to Information: A law in the right direction
The post 2013 election period has been promising for the right to access to information movement in Pakistan
The proposed draft stands very close to the RTI laws of K-P and Punjab. PHOTO: STOCK IMAGE
For any society to flourish, it is imperative its people are given the right to hold their rulers accountable. In practical and simple terms, this means there are no restrictions on the kind of questions citizens ask from their government. It has been said time and again that without the free flow of speech and information, a state cannot realistically solve its problems. The argument for the free flow of information is a rational one. Free and transparent information brings out the truth for all to know. Obstruction of information can lead to abuse of power and squashing of citizens’ rights.
Right to information: Bill to be presented in Sindh Assembly
In many ways, the post 2013 election period has been promising for the right to access to information movement in Pakistan. Soon after the elections, Khyber-Pakhtunkhwa (K-P) and Punjab led the way by passing internationally acclaimed Right to Information (RTI) laws and setting up information commissions. Since then many had expected that Sindh, Balochistan and the federation would follow suit in replacing their culture of secrecy with more open and progressive RTI laws. While this has not happened so far in Balochistan and at federal level, Sindh has prepared its ‘Transparency and Right to Information Bill, 2016’, which according to Provincial minister Sharmila Farooqi, will be tabled in the Assembly soon.
The proposed draft stands very close to the RTI laws of K-P and Punjab. However, there are both inherent weaknesses and strengths in Sindh’s drafted Bill, which must be improved before it is finally passed by the Assembly.
First and foremost, the complaint and penalising mechanism is extremely weak. For instance, in the event a complainant decides to lodge an appeal with the commission, the burden of proof of showing the designated official or a public body has not acted in accordance with the provision of the Act lies with the litigant. Instead, the law should oblige the public body to bear the burden of proof because such a provision will not only deter bureaucracy, which is not accustomed with the tradition of proactive dissemination of information, but shall also encourage the majority in Sindh, who are straddled in poverty and illiteracy, to access information without unnecessary hassles. However, the draft is positive on keeping the application process very simple. The requester can even submit an application on a plain paper, not necessitating filling a prescribed application form.
Civil society urges government pass Right to Information Bill
Secondly, the proposed Sindh RTI draft upholds the principle of maximum disclosure. Like many other laws, this bill also bars access to information which is deemed to cause harm to “national interests”. Historically, every institution in Pakistan has sought to exempt itself from the purview of accountability on the vague grounds of national interests. In the present times as well, no provincial or federal government seems willing to take out the veil of secrecy from its decisions. However, a significant step has been made in Sindh draft RTI through the incorporation of “Notwithstanding anything contained in subsection (1), if the Commission determines that the public interest in such disclosure outweighs the harm that shall or is likely to be caused by such disclosure, it may direct the Designated Official to provide the information.” Blanket immunity for any institution is not optimal.
Thirdly, almost all modern RTI laws have a protection clause for people blowing whistle against irregular, illegal and corrupt practices. Importance of effective, robust Whistleblowers Protection law for the elimination of corruption cannot be underscored. In fact, the risk of corruption is significantly intensified in situations where protection is not sheltered in cases of reporting of misconduct, fraud and corruption. In this regard also, K-P is the first province in not only leading the way in carrying out a separate legislation on whistleblowers protection but its RTI law also contains a clause on it. Both Sindh and Punjab also need to protect those who expose corruption.
Right to information: K-P’s law judged ahead of other provinces
Overall, Sindh’s Transparency and Right to Information Bill 2016 is a considerably well drafted law. Given that Sindh has consistently done dismally on various governance indicators, it is hoped effective implementation of RTI will pave the way for an open and transparent governance and help address the menace of corruption in Sindh. It is also now time that Balochistan and the federal government pass similar laws, and allow for greater accountability and transparency.
In today’s information age, hiding data is not easy. People with an appetite for information are getting it from alternate sources. There is a need to institutionalise this dissemination of information through the passage of RTI, Whistleblower Protection and similar laws because keeping information secret only creates distrust among the public.
The writer is a graduate from LUMS, who is currently a DAAD scholar 2014 for Masters in Public Policy and Good Governance in Germany.
Right to information: Bill to be presented in Sindh Assembly
In many ways, the post 2013 election period has been promising for the right to access to information movement in Pakistan. Soon after the elections, Khyber-Pakhtunkhwa (K-P) and Punjab led the way by passing internationally acclaimed Right to Information (RTI) laws and setting up information commissions. Since then many had expected that Sindh, Balochistan and the federation would follow suit in replacing their culture of secrecy with more open and progressive RTI laws. While this has not happened so far in Balochistan and at federal level, Sindh has prepared its ‘Transparency and Right to Information Bill, 2016’, which according to Provincial minister Sharmila Farooqi, will be tabled in the Assembly soon.
The proposed draft stands very close to the RTI laws of K-P and Punjab. However, there are both inherent weaknesses and strengths in Sindh’s drafted Bill, which must be improved before it is finally passed by the Assembly.
First and foremost, the complaint and penalising mechanism is extremely weak. For instance, in the event a complainant decides to lodge an appeal with the commission, the burden of proof of showing the designated official or a public body has not acted in accordance with the provision of the Act lies with the litigant. Instead, the law should oblige the public body to bear the burden of proof because such a provision will not only deter bureaucracy, which is not accustomed with the tradition of proactive dissemination of information, but shall also encourage the majority in Sindh, who are straddled in poverty and illiteracy, to access information without unnecessary hassles. However, the draft is positive on keeping the application process very simple. The requester can even submit an application on a plain paper, not necessitating filling a prescribed application form.
Civil society urges government pass Right to Information Bill
Secondly, the proposed Sindh RTI draft upholds the principle of maximum disclosure. Like many other laws, this bill also bars access to information which is deemed to cause harm to “national interests”. Historically, every institution in Pakistan has sought to exempt itself from the purview of accountability on the vague grounds of national interests. In the present times as well, no provincial or federal government seems willing to take out the veil of secrecy from its decisions. However, a significant step has been made in Sindh draft RTI through the incorporation of “Notwithstanding anything contained in subsection (1), if the Commission determines that the public interest in such disclosure outweighs the harm that shall or is likely to be caused by such disclosure, it may direct the Designated Official to provide the information.” Blanket immunity for any institution is not optimal.
Thirdly, almost all modern RTI laws have a protection clause for people blowing whistle against irregular, illegal and corrupt practices. Importance of effective, robust Whistleblowers Protection law for the elimination of corruption cannot be underscored. In fact, the risk of corruption is significantly intensified in situations where protection is not sheltered in cases of reporting of misconduct, fraud and corruption. In this regard also, K-P is the first province in not only leading the way in carrying out a separate legislation on whistleblowers protection but its RTI law also contains a clause on it. Both Sindh and Punjab also need to protect those who expose corruption.
Right to information: K-P’s law judged ahead of other provinces
Overall, Sindh’s Transparency and Right to Information Bill 2016 is a considerably well drafted law. Given that Sindh has consistently done dismally on various governance indicators, it is hoped effective implementation of RTI will pave the way for an open and transparent governance and help address the menace of corruption in Sindh. It is also now time that Balochistan and the federal government pass similar laws, and allow for greater accountability and transparency.
In today’s information age, hiding data is not easy. People with an appetite for information are getting it from alternate sources. There is a need to institutionalise this dissemination of information through the passage of RTI, Whistleblower Protection and similar laws because keeping information secret only creates distrust among the public.
The writer is a graduate from LUMS, who is currently a DAAD scholar 2014 for Masters in Public Policy and Good Governance in Germany.