Punjab’s Right to Information law
Courtesy:- M Shafiq Anjum
Sunday, May 11, 2014 - Internationally, Right to Information (RTI) is considered as a fundamental right of citizens. It is the best tool to enhance the level of good governance, transparency and accountability in a country. Under Article-19-A of Constitution of Pakistan, RTI is a constitutional right available to all citizens. Accordingly, Punjab Assembly enacted a landmark legislation “The Punjab Transparency and Right to Information Act, 2013”on December 16, 2013 to ensure RTI across the Province. Its preamble clearly defines aim to promote transparency and freedom of information so as to facilitate citizens’ access to government-held records and information. The step is popularly hailed because the enactment of this law is the result of long struggle of civil society including Consumer Rights Commission of Pakistan (CRCP).
Meanwhile, international experts rated and evaluated the Punjab RTI Act, 2013 at 18th place in the world ranking. At present, Serbia’s RTI law leads being at the top, Indian Right to Information Act, 2005 secures 2nd place and Khyber Pakhtunkhwa (KP) Right to Information Act, 2013 stands at 3rd place in the world. However, RTI laws available in Sindh, Balochistan and at Federal level are weak legislations. Due to their weak enforcement mechanisms and procedural deficiencies these laws fail to serve the desired purpose of proactive disclosure of information. In this backdrop, the Punjab RTI Act, 2013 is an effective and well-deliberated legislation in the country. Akin to any strong RTI law, the Punjab RTI Act, 2013 has many distinctions. Similar to KP RTI Act, 2013, the key element of this law is the establishment of an independent and exclusive Information Commission on RTI. Currently, establishment of Information Commission is a popular trend and even Pakistan’s neighbouring countries like India, Bangladesh and Nepal have successfully been utilizing this institution for better transparency and accountability.
The other unique feature of this law is that it allows using of public interest override test. For maximum disclosure of information public interest override test is common practice at international level where a public body cannot decline any exempted information on a simple reason that the particular information is not in public interest. Under Punjab RTI Act, 2013, information commission has the power to decide whether revealing any exempted information is in greater public interest or not. It is viewed that this practice will help open the doors of information and decrease the culture of secrecy in the Province.
Following the precedent set by Indian Act and later by KP RTI Act, 2013, the Punjab RTI Act, 2013 provides a simple and cost effective system for processing information requests where a reasonable time frame is given for the disposal of information request. A Public Information Officer (PIO) is bound to respond an information request within 14 working days which is extendable to another 14 working days. The Commission will decide a complaint within 60 days of its receipt. If an applicant does not file a complaint with the Commission, he may request the head of the public body for internal review that has to respond within 14 days.
The Punjab RTI Act, 2013 also introduces penal actions against those public officers who refuse, delay or destroy requested information. This provision will act as a deterrent and make the officials more efficient and responsive while providing information to requesters. The Act is also applicable on institutions like Lahore High Court (LHC), Provincial legislature, Secretariat of Governor and NGOs substantially financed by the Government or a local government. In fact, with the inclusion of these sacred institutions, horizon of this law has certainly been enhanced. Another good aspect is that this Act has set a deadline i.e. August 31 for the publication of annual report about preceding financial year by Punjab Information Commission (PIC) as well as all public bodies in Province. This will highlight performance of public bodies as well as information commission and further ensures necessary actions to improve implementation of RTI laws.
Among the weaknesses, the Punjab RTI Act, 2013 is silent on providing legal, administrative and employment related protection to whistleblowers for exposing corruption. It conveys the feeling that by doing so government is least interested to get rid of corruption. Actually, risk of corruption is significantly heightened in environments where the reporting of wrongdoing is not protected. Therefore, protection of whistleblower is vital to encourage the reporting of misconduct, fraud and corruption. It is viewed that in the absence of legal protection, government employees will feel fear and not be able to disclose corruption and irregularities in public departments. Australia, Canada, Ghana, Japan, Korea, New Zealand, Romania, South Africa, India, UK and the US are among the countries that have passed comprehensive legislations to protect public sector whistleblowers. Similarly, following the norm, KP RTI Act, 2013 has provided this protection to the whistleblowers. Furthermore, Chief Minister Secretariat is not included in the list of given public bodies’ definition which shows that culture of secrecy still prevails as highest public office at the provincial level has been intentionally kept out of the preview of this law. Moreover, under this law applicant has no right of appeal in civil court against the orders of the Commission, which is against the norms of justice; however, this provision is present in KP RTI Act, 2013 and India’s RTI Act, 2005. Likewise, this law doesn’t lay standards for record management by public bodies. In addition, there is a long list of exceptions in this law which has somewhat limited its scope. As per international best practices list of exception should be short, brief and narrowly defined.
Recent appointment of three-member PIC is a significant step taken by the government towards the timely implementation of the Punjab Transparency and Right to Information Act, 2013.The government appointed Justice (R) Mazhar Hussain Minhas as Chief Information Commissioner whereas Mukhtar Ahmad Ali (RTI Activist and Expert) and Additional IG Police (R) Malik Ahmed Raza as Information Commissioners. Appointment of individuals like these will not only enhance the trust of citizens on the government but also provide them a forum where they can register their complaints and thus get their grievances redressed regarding RTI. At the end it is concluded that the Punjab Transparency and Right to Information Act, 2013 is a reasonably good legislation to ensure RTI; however, its proper operationalization and implementation will prove its strengths in coming years. In this regard, role of information commission, bureaucracy, CSOs and media is central.
Sunday, May 11, 2014 - Internationally, Right to Information (RTI) is considered as a fundamental right of citizens. It is the best tool to enhance the level of good governance, transparency and accountability in a country. Under Article-19-A of Constitution of Pakistan, RTI is a constitutional right available to all citizens. Accordingly, Punjab Assembly enacted a landmark legislation “The Punjab Transparency and Right to Information Act, 2013”on December 16, 2013 to ensure RTI across the Province. Its preamble clearly defines aim to promote transparency and freedom of information so as to facilitate citizens’ access to government-held records and information. The step is popularly hailed because the enactment of this law is the result of long struggle of civil society including Consumer Rights Commission of Pakistan (CRCP).
Meanwhile, international experts rated and evaluated the Punjab RTI Act, 2013 at 18th place in the world ranking. At present, Serbia’s RTI law leads being at the top, Indian Right to Information Act, 2005 secures 2nd place and Khyber Pakhtunkhwa (KP) Right to Information Act, 2013 stands at 3rd place in the world. However, RTI laws available in Sindh, Balochistan and at Federal level are weak legislations. Due to their weak enforcement mechanisms and procedural deficiencies these laws fail to serve the desired purpose of proactive disclosure of information. In this backdrop, the Punjab RTI Act, 2013 is an effective and well-deliberated legislation in the country. Akin to any strong RTI law, the Punjab RTI Act, 2013 has many distinctions. Similar to KP RTI Act, 2013, the key element of this law is the establishment of an independent and exclusive Information Commission on RTI. Currently, establishment of Information Commission is a popular trend and even Pakistan’s neighbouring countries like India, Bangladesh and Nepal have successfully been utilizing this institution for better transparency and accountability.
The other unique feature of this law is that it allows using of public interest override test. For maximum disclosure of information public interest override test is common practice at international level where a public body cannot decline any exempted information on a simple reason that the particular information is not in public interest. Under Punjab RTI Act, 2013, information commission has the power to decide whether revealing any exempted information is in greater public interest or not. It is viewed that this practice will help open the doors of information and decrease the culture of secrecy in the Province.
Following the precedent set by Indian Act and later by KP RTI Act, 2013, the Punjab RTI Act, 2013 provides a simple and cost effective system for processing information requests where a reasonable time frame is given for the disposal of information request. A Public Information Officer (PIO) is bound to respond an information request within 14 working days which is extendable to another 14 working days. The Commission will decide a complaint within 60 days of its receipt. If an applicant does not file a complaint with the Commission, he may request the head of the public body for internal review that has to respond within 14 days.
The Punjab RTI Act, 2013 also introduces penal actions against those public officers who refuse, delay or destroy requested information. This provision will act as a deterrent and make the officials more efficient and responsive while providing information to requesters. The Act is also applicable on institutions like Lahore High Court (LHC), Provincial legislature, Secretariat of Governor and NGOs substantially financed by the Government or a local government. In fact, with the inclusion of these sacred institutions, horizon of this law has certainly been enhanced. Another good aspect is that this Act has set a deadline i.e. August 31 for the publication of annual report about preceding financial year by Punjab Information Commission (PIC) as well as all public bodies in Province. This will highlight performance of public bodies as well as information commission and further ensures necessary actions to improve implementation of RTI laws.
Among the weaknesses, the Punjab RTI Act, 2013 is silent on providing legal, administrative and employment related protection to whistleblowers for exposing corruption. It conveys the feeling that by doing so government is least interested to get rid of corruption. Actually, risk of corruption is significantly heightened in environments where the reporting of wrongdoing is not protected. Therefore, protection of whistleblower is vital to encourage the reporting of misconduct, fraud and corruption. It is viewed that in the absence of legal protection, government employees will feel fear and not be able to disclose corruption and irregularities in public departments. Australia, Canada, Ghana, Japan, Korea, New Zealand, Romania, South Africa, India, UK and the US are among the countries that have passed comprehensive legislations to protect public sector whistleblowers. Similarly, following the norm, KP RTI Act, 2013 has provided this protection to the whistleblowers. Furthermore, Chief Minister Secretariat is not included in the list of given public bodies’ definition which shows that culture of secrecy still prevails as highest public office at the provincial level has been intentionally kept out of the preview of this law. Moreover, under this law applicant has no right of appeal in civil court against the orders of the Commission, which is against the norms of justice; however, this provision is present in KP RTI Act, 2013 and India’s RTI Act, 2005. Likewise, this law doesn’t lay standards for record management by public bodies. In addition, there is a long list of exceptions in this law which has somewhat limited its scope. As per international best practices list of exception should be short, brief and narrowly defined.
Recent appointment of three-member PIC is a significant step taken by the government towards the timely implementation of the Punjab Transparency and Right to Information Act, 2013.The government appointed Justice (R) Mazhar Hussain Minhas as Chief Information Commissioner whereas Mukhtar Ahmad Ali (RTI Activist and Expert) and Additional IG Police (R) Malik Ahmed Raza as Information Commissioners. Appointment of individuals like these will not only enhance the trust of citizens on the government but also provide them a forum where they can register their complaints and thus get their grievances redressed regarding RTI. At the end it is concluded that the Punjab Transparency and Right to Information Act, 2013 is a reasonably good legislation to ensure RTI; however, its proper operationalization and implementation will prove its strengths in coming years. In this regard, role of information commission, bureaucracy, CSOs and media is central.
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ReplyDeleteDo you know the address of Punjab Information Commission Office?
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