Refuting the right to information
FOI requires Sindh education ministry to provide information in 21 days. Regrettably, it failed even after 85 days.
The writer is a health, safety and environment consultant
How do ordinary citizens react to the plethora of demoralising and distressing news items found mercilessly splashed across the daily newspapers? Let’s examine one such report which appeared rather inconspicuously in the inner pages of a newspaper three months ago. It described how, since 2011, about 70 teaching and non-teaching staff members of Thatta’s non-functional degree college, Ghorabari, have been drawing salaries amounting to over Rs1.5 million per month along with the yearly development budget of Rs8.1 million while sitting at their residences.
Images of gross corruption, mismanagement and incompetence on the part of those responsible for education in Sindh rapidly start to come together like a jigsaw puzzle.
Going through the laws of Sindh, one can identify a specific law that entitles all citizens to ask for clarifications when faced with such ugly situations. The law is called the Sindh Freedom of Information Act (FOI) of 2006, which makes it mandatory for the department concerned or ministry to provide accurate and certified information within 21 days of receiving a request. Thus, every citizen is given the right to seek any information that relates to the functioning, exercise of authority or use of funds by a public body. This is a critical tool that could enable citizens to participate in the democratic process and to hold the government accountable. Unfortunately, this law exists on paper only. More often than not, the government will simply look the other way and refuse to provide the requested information.
On August 12, 2013, the secretary education of Sindh was sent a formal letter seeking the following information regarding Degree College Ghorabari, under the Sindh Freedom of Information Act of 2006. The letter asked for details of the college staff’s monthly salaries, names and details of all staff members, and details of how the college development budget was spent.
The FOI Act required the education ministry of Sindh to provide this information within 21 days. Regrettably, it failed to do so even after 85 days of receiving the request. How does one deal with a government so utterly irresponsible and delinquent in complying with its own laws? Clearly, such a government has no moral authority to expect its citizens to do any better.
The law provides a window for seeking relief. Complaints may be made against an FOI violator to the provincial ombudsman. Thus, as a last resort, this matter was taken up with the ombudsman. However, considering the ombudsman’s previous FOI responses, there may be little reason to hope for a miracle.
One can draw many conclusions from this and many similar examples. Firstly, that we do not need more laws, as we refuse to follow the ones we already have. Secondly, that the government emerges as the single largest violator of its own laws. It is increasingly becoming apparent that the machinery behind this officious façade is pathetically non-functional.
Can the enlightened and educated citizens of Pakistan come forward to help rebuild and resuscitate the dysfunctional machinery behind the government, considering that it has lost its ability to reform itself? The opportunity to reform must not be allowed to slip away just because our past cynicism makes us believe that it won’t make a difference in future.
Published in The Express Tribune, November 12th, 2013.
Images of gross corruption, mismanagement and incompetence on the part of those responsible for education in Sindh rapidly start to come together like a jigsaw puzzle.
Going through the laws of Sindh, one can identify a specific law that entitles all citizens to ask for clarifications when faced with such ugly situations. The law is called the Sindh Freedom of Information Act (FOI) of 2006, which makes it mandatory for the department concerned or ministry to provide accurate and certified information within 21 days of receiving a request. Thus, every citizen is given the right to seek any information that relates to the functioning, exercise of authority or use of funds by a public body. This is a critical tool that could enable citizens to participate in the democratic process and to hold the government accountable. Unfortunately, this law exists on paper only. More often than not, the government will simply look the other way and refuse to provide the requested information.
On August 12, 2013, the secretary education of Sindh was sent a formal letter seeking the following information regarding Degree College Ghorabari, under the Sindh Freedom of Information Act of 2006. The letter asked for details of the college staff’s monthly salaries, names and details of all staff members, and details of how the college development budget was spent.
The FOI Act required the education ministry of Sindh to provide this information within 21 days. Regrettably, it failed to do so even after 85 days of receiving the request. How does one deal with a government so utterly irresponsible and delinquent in complying with its own laws? Clearly, such a government has no moral authority to expect its citizens to do any better.
The law provides a window for seeking relief. Complaints may be made against an FOI violator to the provincial ombudsman. Thus, as a last resort, this matter was taken up with the ombudsman. However, considering the ombudsman’s previous FOI responses, there may be little reason to hope for a miracle.
One can draw many conclusions from this and many similar examples. Firstly, that we do not need more laws, as we refuse to follow the ones we already have. Secondly, that the government emerges as the single largest violator of its own laws. It is increasingly becoming apparent that the machinery behind this officious façade is pathetically non-functional.
Can the enlightened and educated citizens of Pakistan come forward to help rebuild and resuscitate the dysfunctional machinery behind the government, considering that it has lost its ability to reform itself? The opportunity to reform must not be allowed to slip away just because our past cynicism makes us believe that it won’t make a difference in future.
Published in The Express Tribune, November 12th, 2013.