Governance, transparency and rule of law

Transparency and rule of law are the guiding principles of good governance. Organisations such as World Bank, Asian Development Bank, and International Federation of Accountancy have placed transparency and rule of law at the highest pedestal in their definitions of good governance. Therefore, all civilised governments around the world adhere to these principles.

The governments in Pakistan have also been assessed with the same yardstick. Political parties accord the highest priority to these principles in their manifestoes. PTI was the loudest in its claims of restoring transparency and rule of law and promised the state of Medina.

In its promises of a new Pakistan, PTI asserted that all citizens will be able to question the government like the citizens of Medina who had the freedom to ask Caliph Umar (RA) for an explanation on different state affairs and matters of governance. Similarly, the law will be equally applied to all, whether high or low. Impressed with these ideals, a large segment of the society with dreams of good governance, responded to the call of PTI and voted them to power.

As the party’s chairman, Imran Khan had been most vociferous on the issue of rule of law when he was in opposition. He would often quote the Prophet (peace be upon him): “O people, those who have gone before you were destroyed because if any one of high rank committed theft amongst them, they spared him; and if anyone of low rank committed theft, they inflicted the prescribed punishment upon him. By Allah, if Fatima, daughter of Muhammad, were to steal, I would have her hand cut off.” Even now as the Prime Minister of Pakistan, he harps on the same theme and considers the absence of rule of law as the basic malaise of the society. All his speeches revolve around the theme of transparency and rule of law. Naturally, no sane person can disagree with him on these concepts. However, more needs to be done than mere lip service.

Under this concept, it is the public’s right to know everything that is done by the public functionaries. This right has been guaranteed under Article 19-A of the Constitution of Pakistan, which says: “Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law.”

Soon after assuming power in Khyber-Pakhtunkhwa (K-P), the PTI promulgated the Right to Information Act 2013 with full fanfare in a function chaired by the party’s chairman Imran Khan. This was crucial for meeting the conditions of World Bank and Asian Development Bank as well as image building.

The PTI promulgated the Khyber Pakhtunkhwa Information Act, 2013 and termed it one of the greatest pieces of legislation that lays the foundation of democracy and good governance. The law received both national and international praise because it was deemed as one of the most progressive laws for recognising the people’s right to know and access information. However, the unfortunate aspect is that while we are adept at framing Constitution and laws with beautiful phrases, we fail in implementation.

To quote my own experience, I sought information on account of releases of shares in the National Finance Commission award, the net hydel profit from the Finance Department, and the Planning and Development Department regarding the number of projects sent to the National Economic Council (Ecnec) for approval and those given approvals so far. Similarly, I requested the Home Department to provide information about the deputation policy, personnel working outside the cadre from the parent department, and beyond the period of deputation. Despite being a former colleague, I did not receive the requisite information for reasons best known to them. Even, the Chief Commissioner for Right to Information could not be of any help. The same is the case with KPEZDMC. The reluctance to provide information could either be due to inefficiency or hide skeletons in the closet.

The refusal to share the information without due cause or excuse not only negates the very concept of good governance but also frustrates the researchers. Without authentic data, neither proper research can be carried out nor can the public be kept informed of the real situation.

Those at the helm of affairs must know that access to information is the bedrock of strong and efficient representative democracy and good governance, which acts as an effective instrument against corruption. Under the law, they are under an obligation to provide the information within the stipulated time. Therefore, withholding information is against the rule of law and amounts to misconduct.

The lessons drawn from the discussion are that the essence of the rule of law is in the implementation and uniform application of laws and not mere promulgation.

Published in The Express Tribune, February 24^th, 2022.

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