RTI: emancipation of information

From the outset, it would appear that the Right to Information Bill was overshadowed by the Elections Bill, 2017 — even though the National Assembly adopted the two pieces of legislation on the same day. Lawmakers as well as political commentators were just more taken up with a few clauses of the latter than the former — notwithstanding its importance.

The RTI Bill is claimed to be unique in several ways; it has bipartisan support of all political parties across the divide, is based on the universally-recognised principles of maximum disclosure, minimum exemptions and right to appeal and seeks to strike a balance, however tenuous, between considerations of ‘national security’ and public interest.

Now it will no longer be possible to withhold information from the public by merely declaring that the disclosure is not in the national security interest or cause. Making use of the Johannesburg principles, the bill seeks to strike a semblance of equilibrium first by making it mandatory for the reasons to be recorded in writing such that it is clearly shown that balance is tilted irrevocably in favour of national security and secondly, the decision itself can be appealed against. More importantly, information relating to corruption or that which involves an imminent threat to human life cannot be declared exempt on the touchstone of so-called ‘national security’. This aspect is potent.

It is significant that the RTI will also apply to courts, parliament and non-governmental organisations partially or fully funded and subsidised by the national exchequer which too has been asked to share information with the public.

It is no small mercy that despite differences and polarisation, given the will, political parties of all shades can join hands on making a reasonably sound legislation on a critical issue. However, as pointed out by the critics, the bill has too many exemptions to enable a reluctant bureaucracy to get away with concealing information. Even after it has finally become law, its provisions cannot be implemented without implementation mechanisms which too lie in the hands of the executive. As pointed out during the debate in the Senate, which was the first to pass it a few weeks ago, there are many a slip between the passage of the bill and its implementation. Thus the proof of the pudding lies in the eating.

Will the powerful security establishment, not particularly known for transparency and accountability, abide by it? Questions asked in parliament about the suo-motu cases have not been replied on the grounds that it was against the independence of the judiciary. Not long ago, the Supreme Court turned down parliament’s call to present its budget before it. Will the judiciary be ready or willing to provide information to the public on asking just because a law passed by parliament says so? Such questions will continue to haunt us as the years go by.

Already Asia has probably the worst implementation record for RTI laws. Until the last few years, only 15 out of 49 Asian countries had such laws — at least Pakistan stands among those countries. Currently, there are more than 60 countries whose constitutions protect the right of access to official information. Among them are also countries that have statutes or laws elaborating on and implementing the right to information. Up to 95 countries have enacted laws that grant citizens the right to information held by public bodies.

The Convention on Access to Official Documents is regarded as the first internationally binding agreement that recognises a general right of access to official government information. Access to information is a key condition for citizen participation, social accountability and good governance. It is edifying to note that such legislation has increased significantly over the last few years. It is also part of the anti-corruption, empowerment or state modernisation agendas of certain countries. Like other states, Pakistan needs procedural structures to operationalise the ideals of freedom and transparency.

Published in The Express Tribune, October 5^th, 2017.

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