Pakistan’s Right to Information Act: A Strong Foundation Hampered by Weak Enforcement
Pakistan’s Right to Information (RTI) Act of 2017, lauded for its progressive framework, has fallen short of its potential due to a combination of institutional inertia, legal ambiguities, and inadequate enforcement mechanisms. The Free and Fair Election Network (FAFEN), a leading election monitoring and advocacy group, has issued a stark warning, highlighting the urgent need for comprehensive legal reforms to bolster the Act’s implementation and unlock its transformative power in promoting government transparency and combating disinformation.
FAFEN’s policy brief, "Strengthening the Right to Information (RTI) in Pakistan," pulls no punches in its assessment of the current state of affairs. While the law promises access to government information, its effectiveness has been severely hampered by a lack of proactive disclosure, inconsistent record-keeping practices, and a weakened Pakistan Information Commission (PIC), the body tasked with overseeing the Act’s implementation. This deficiency, FAFEN argues, fuels the spread of misinformation and disinformation, exacerbating political polarization and undermining public trust.
The organization’s assessment of federal ministries and divisions reveals a concerning lack of compliance with the RTI Act’s provisions. Websites often lack the required information, and proactive disclosure, a cornerstone of transparency, remains largely unfulfilled. This lack of readily accessible information creates an information vacuum, readily filled by speculation, rumors, and deliberately misleading narratives. Similar assessments of provincial departments are currently underway, and preliminary findings suggest a similar pattern of non-compliance.
FAFEN’s proposed reforms center on empowering the PIC, the body responsible for ensuring adherence to the RTI Act. Currently, the PIC serves primarily as an appellate forum, reacting to complaints rather than proactively enforcing compliance. FAFEN recommends transforming the PIC into a robust oversight body with the authority to actively monitor public bodies, investigate violations, and impose penalties. This shift requires granting the PIC greater independence from executive influence and ensuring its financial autonomy.
Central to FAFEN’s recommendations is a call for amendments to the RTI Act to establish clear deadlines for proactive disclosures by public bodies and mandate the digitization of records. This move would not only enhance accessibility but also create a standardized, searchable system that facilitates efficient information retrieval. The organization stresses the need for user-friendly record-keeping practices, including accessible databases, concise summaries, and intuitive indexing, moving beyond the mere posting of raw data online.
Furthermore, FAFEN advocates for a more consultative approach to the appointment and removal of Information Commissioners, suggesting a bipartisan parliamentary committee with equal representation from the government and opposition. This would mitigate political influence and enhance the PIC’s perceived impartiality and credibility. Combined with legislative amendments to guarantee the commission’s financial independence, these reforms would transform the PIC into a truly independent oversight body.
The organization’s recommendations extend to clarifying ambiguous legal provisions within the Act itself. Broadening the scope of public records subject to disclosure and mandating that public bodies submit regular compliance reports to the PIC are crucial steps towards greater transparency. These measures would make the RTI Act a more effective tool for holding government institutions accountable and empowering citizens with the information they need to participate meaningfully in democratic processes.
FAFEN’s call for reform comes at a critical juncture for Pakistan. In an increasingly polarized political landscape, where misinformation and disinformation run rampant, ensuring access to accurate and reliable information is paramount. Strengthening the RTI Act is not merely a matter of bureaucratic efficiency; it is a vital step towards fostering a more informed citizenry, strengthening democratic institutions, and combating the corrosive effects of disinformation. The government’s response to these recommendations will be a crucial test of its commitment to transparency and accountability. The future of informed public discourse and democratic participation in Pakistan hangs in the balance.