ISLAMABAD: Noting that despite its advanced legal provisions, Pakistan’s right of access to information (RTI) regime is stifled by institutional inertia and deep-rooted secrecy norms, the Free and Fair Election Network (Fafen) has called for comprehensive legal reforms to strengthen the implementation of the RTI law.

Fafen’s policy brief, Strengthening the Right to Information (RTI) in Pakistan, released on Sunday, emphasises that while Pakistan’s RTI framework is recognised as one of the most progressive, institutional inertia, ambiguous legal provisions, and weak enforcement mechanisms have disallowed the translation of the law’s objectives into government transparency.

The absence of timely information about the actions, decisions, and spending by public bodies breeds destabilising misinformation and disinformation.

“Fafen strongly believes that strengthening the RTI legal framework will serve as a bulwark in the government’s efforts to counter disinformation, which is deepening political polarisation in the country,” it reads.

As part of its ongoing ‘Countering Disinformation through Information’ campaign, Fafen has already conducted an assessment of the websites of federal ministries and divisions, and found a low level of compliance with the provisions of the RTI Act, 2017. Similar assessments are ongoing for provincial departments.

Says broad exemptions can be misused to withhold information

Fafen opines that greater independence and powers for the Pakistan Information Com­mi­ssion (PIC) will enable it to effectively enforce the provisions of the law on public bodies, which is critical to enhance government transparency and counter disinformation.

In its policy brief, Fafen urges parliament to further strengthen the RTI legal framework by eliminating ambiguities and empowering the PIC to lead enforcement efforts rather than merely serving as an appellate forum.

Proposed amendments include specifying clear deadlines for proactive disclosures and the digitization of records, broadening the scope of public records, reforming the process for the appointment and removal of Information Commissioners, and mandating public bodies to submit compliance reports on the Act’s requirements to the PIC.

Section 5 of the Act requires public bodies to proactively disclose a directory of officers and employees, including their duties, functions, remunerations, perks, and privileges. However, Section 7(g), which exempts records relating to personal privacy, creates a loophole that public officials may exploit to withhold such information.

Similarly, Section 6 lists just a few types of information that must be made public. It would have been more effective if the Act outlined only the clear exemptions while making all other information presumed to be public. Such legal ambiguities can restrict access to information that is essential for public accountability.

It points out that section 7 excludes a wide range of records from the definition of public records, including broad categories such as defense forces’ records and private records furnished to public bodies. In the absence of a harm-test, these broad exemptions can be misused to withhold information that should otherwise be publicly accessible. Moreover, granting ministers the discretionary powers to classify any public record as exempt from the purview of the Act may further weaken transparency.

Information commissioners

Fafen recommends a more consultative approach to the appointment and removal of Information commissioners through a bipartisan parliamentary committee with equal representation from the treasury and opposition. Transferring these responsibilities away from executive control and ensuring the Commission’s financial independence through amendments to Section 21 would enable it to function as a more effective oversight body.

Online tracking

Leveraging technology by developing an online platform for filing and tracking public information requests and complaints will facilitate citizens exercise of RTI.

Fafen’s policy brief also highlights the need for public bodies to move beyond merely posting raw data online. Instead, it recommends the PIC to establish standardised, user-friendly record-keeping formats and practices, including searchable databases, clear summaries, and intuitive indexes to enhance accessibility

Furthermore, it recommends establishing a mechanism for regular exchange and adoption of national best practices to accelerate progress towards the objectives of RTI laws.

Trust deficit

Fafen underscores the foundational role of RTI in promoting an informed citizenry and bridging the trust deficit between the state and society. It acknowledges Pakistan’s legislative advancements since 2002, including constitutional recognition of RTI as a fundamental right in 2010, and subsequent federal and provincial laws. However, a recent assessment by Fafen revealed that federal bodies proactively disclose only 42 per cent of mandated information, highlighting a stark disconnect between legal intent and practical implementation.

Published in Dawn, February 17th, 2025