A right denied
DESPITE citizens possessing the constitutional and legal right to access it, federal ministries are failing to disclose public information. This was revealed by Fafen recently in a report that paints a troubling picture of governmental opacity. Fafen’s analysis of 40 divisions across 33 federal ministries reveals that none fully comply with the mandatory disclosures outlined in the Right to Information Act. Even the best-performing divisions, such as the Cabinet and Inter-Provincial Coordination Divisions, achieved only 42pc compliance. Several divisions — including those responsible for Housing and Works, Information and Broadcasting, and National Health Services — registered compliance rates as low as eight to 19pc. Compounding this issue is the widespread non-responsiveness to RTI requests. Fafen says nearly half of the ministries ignored information requests, while only 27pc responded within the mandated timeframe. Ministries like Climate Change and Commerce adhered to the law’s timeline, but many others, including Finance and Interior, failed to respond altogether.
Adding to the dysfunction are the five right to information commissions — one at the Centre and four provincial ones — each staffed with three commissioners. These commissions, instead of ensuring compliance, appear to just be sitting pretty, earning hefty salaries while neglecting their duties. Fafen, as an NGO, may have managed to secure some responses, but what hope does the common citizen have in accessing information? The situation demands urgent reform. First off, these commissions must be streamlined — a single commissioner per jurisdiction would suffice, provided they are empowered with clear performance metrics and accountability mechanisms. The resultant savings could fund implementation and monitoring systems. Secondly, an independent citizens’ commission comprising civil society representatives, journalists, and legal experts should be established to audit the performance of RTI bodies. This commission could publish quarterly scorecards rating ministerial compliance and highlighting cases where citizens accessed information. Without such reforms, the RTI Act will remain what it currently is — a paper tiger.
Published in Dawn, January 9th, 2025