Rti resoucebook for cs os workers & media

1

TABLE OF CONTENTS

I. List of Acronyms 2

II. Glossary 3

III. Background 4

IV. Introduction to Right to Information 4

V. Principles of Freedom of Information 5

VI. Legislative Framework of RTI in Pakistan 6

VII. RTI Legislation in Khyber Pakhtunkhwa 7

VIII. Salient Features of KP Right to Information Law 8

IX. Right to “Blow the Whistle” 10

X. Role of Media in Promoting and Protecting the Right to Information 10

XI. Empowerment through Investigative Journalism 14

XII. RTI in the South Asian Regional Context 15

XIII. RTI International Trend 15

XIV. RTI - Success Stories and Lessons Learning For Civil Society 16

XV. Annexures Annex-1 Findings & Recommendations of the RTI Index 2012-13 Report Annex-2 Advocacy Campaign for RTI – A Case Study Annex-3 RTI - Newspaper Clipping Annex-4 Bibliography

23 23 25 27 29

2 The Right to Information – Resource-book

I. LIST OF ACRONYMS ACHR Asian Centre for Human Rights

ANSA SAR Affiliated Network for Social Accountability, South Asia Region

BPL Below Poverty Line

CHRI Commonwealth Human Rights Initiatives

CPDI Centre for Peace and Development Initiative

CSOs Civil Society Organization

DSO District Supply Officer

FOI Freedom of Information

FOIA Freedom of Information Act

FOIAnet Freedom of Information Advocates Network

FOIO Freedom of Information Ordinance

GCHQ General Communications Headquarters

IC Information Commission

KP Khyber Pakhtunkhwa

MDGs Millennium Development Goals

MKSS Mazdoor Kisan Shakti Sangathan

MoNGOs My Own NGO

NCPRI National Campaign for People’s Right to Information

NGOs Non-Governmental Organizations

OAS Organization of American States

OGP Open Government Partnership

PVCHR People's Vigilance Committee on Human Rights

SARTIAN South Asia Right to Information Advocates Network


II. GLOSSARY

Access to information The policies, practice, laws and procedures that help guarantee

openness in the conduct of affairs.

Freedom of expression The human right to express and exchange opinions, beliefs and

information with others.

Freedom of information The human right to secure access to publicly held information and

the corresponding duty upon a public body to make information

available.

Horizontal right A right exercised by a private legal person against another private

legal person e.g. by an individual against a corporation, as

opposed to a vertical right which is exercised against a public

body of some kind.

Official information Information held by a public body.

Ombudsman An administrative body established to receive and adjudicate

upon complaints against public bodies - these can be local,

national or service based, for example a health Service

Ombudsman.

Principle of maximum disclosure The assumption that all documents held by a public body should

be open to the public.

Public body A ‘public body’ is defined by the type of service provided and

includes all branches and levels of government including local

government, elected bodies, bodies which operate under a

statutory mandate, nationalized industries and public

corporations, non-departmental bodies, judicial bodies, and

private bodies which carry out public functions (such as

maintaining roads or operating rail lines).

Right to information legislation Legislation that gives effect to the right to secure access to

publicly held information and the corresponding duty upon a

public body to make information available.

Whistleblowers Individuals who release information on wrongdoing are

whistleblowers; they must be protected under the law.

Wrongdoing ‘Wrongdoing’ in this context includes the commission of a

criminal offence, failure to comply with a legal obligation, a

miscarriage of justice, corruption or dishonesty, or serious

maladministration regarding a public body. It also includes a

serious threat to health, safety or the environment, whether

linked to individual wrongdoing or not.


III. BACKGROUND

itizens of Pakistan and its civil society have not benefited from the prevailing legislation on

freedom of information and right to information (Freedom of Information Ordinance 2002 at the

federal level, Sindh Freedom of Information Act at provincial level, and Local Government

Ordinance 2001 at the district level) to make political elite and bureaucracy accountable to people by

having access to the public documents under these laws. KP Right to Information Act 2013 is another

significant milestone in this regard. Relative lack of understanding of the legislation is one of the key

factors that citizens have not been able to employ FOI tool to have access to the public records that may

lead to critical and verifiable information about corruption and make public officials and political

representatives accountable which ultimately would contribute to transparent systems and open

governance. This document is based on compilation from a number of global related literature as a

resource for citizens and civil society organizations who want to create awareness and advocate for

implementation of RTI legislation. The work of authors and institutions are acknowledged whose

documents have been consulted and/or extracted to made part of this resource-book.

IV. INTRODUCTION TO RIGHT TO INFORMATION

The right to information, defined as the right to access information held by public authorities, is

widely recognized as a fundamental human right. It derives from the right of freedom of expression to

“seek and receive information,” and is recognized worldwide as a human right. Under this right, any

person may make a request to a public body; the body is legally required to respond and provide the

information, unless there is a legally compelling reason to refuse the request. It is also a foundational

building block for democracy and participation, as well as a key tool for holding government to account

and rooting out corruption. It is recognized in international law, as well as the laws and constitutions of

more than ninety countries world‐wide.

The RTI is “a requisite for the very exercise of democracy” (OAS 2003). Democracy is based on

the consent of the citizens, and that consent turns on the government informing citizens about its

activities and recognizing their right to participate. The collection of information by governments is done

on behalf of its citizens, and the public is only truly able to participate in the democratic process when it

has information about the activities and policies of the government.

The RTI is also an important tool for countering abuses, mismanagement, and corruption and for

enforcing essential economic and social rights. Civic activists in Rajasthan, India, have used it to ensure

that the poor get the food they are entitled to receive from corrupt food distributors (Calland and Tilley

2002), and an angry mother in Thailand used it in her efforts to learn why her daughter was not allowed

into a top-quality school (Coronel 2001). It also is commonly used by environment-focused

nongovernmental organizations to reveal pollution dangers in communities.

The right is typically recognized at the national level through constitutional provisions and

national laws. Some of this legislation has existed for more than 200 years. Section 6 of the Swedish

C


Information & Human Rights

Protecting a child’s right to education in Thailand In Thailand children’s rights to education and fair and

equal treatment was challenged when a child was refused

entry at one of the country’s best public schools. In asking

about the results of enrolment tests for children, the case

exposed all manner of corruption and discrimination that

had been part of the selection process, favouring children

from rich and prominent families. That action prompted a

country wide overhaul of the system of selection and

enrolments in public schools. The Thai public school case

shows how FOI was used to protect and promote both

civil rights (fair and equal treatment and prevention of

unfair discrimination) and socio-economic rights (the right

to education). Source: Freedom of Information: Training Manual for Public

Officials

Freedom of the Press Act (adopted in

1766) set the principle that government

records were open to the public by

default and granted citizens the right to

demand documents from government

bodies. The 1789 French Declaration of

the Rights of Man called for information

about the budget to be made freely

available: “All the citizens have a right to

decide, either personally or by their

representatives, as to the necessity of

the public contribution; to grant this

freely; to know to what uses it is put.”

Most nations have adopted laws in the

past 20 years.

Today, nearly 90 countries

around the world have adopted a national law or regulation that sets out specific rights and duties for

facilitating access to information. The following elements are typically found in national RTI laws:

• A right of an individual, organization, or legal entity to demand information from public bodies,

without having to show a legal interest in that information.

• A duty of the relevant body to respond and provide the information. This includes mechanisms

for handling requests and time limits for responding to requests.

• Exemptions to allow the withholding of certain categories of information. These exemptions

include the protection of national security and international relations, personal privacy,

commercial confidentiality, law enforcement and public order, information received in

confidence, and internal discussions. Exemptions typically require that some harm to the

interest must be shown before the material can be withheld.

• Internal appeals mechanisms for requestors to challenge the withholding information.

• Mechanisms for external review of the withholding of information. This includes setting up an

external body or referring cases to an existing ombudsman or to the court system.

• Requirement for government bodies to affirmatively publish some types of information about

their structures, rules, and activities. This is often done using information and communications

technologies.


V. PRINCIPLES OF FREEDOM OF INFORMATION1

Many countries have enacted freedom of information laws. During this process of formulating

laws on freedom of information, some basic principles have emerged. These principles serve as a

yardstick to test the effectiveness of freedom of information legislation. This list comes from Article 19’s

Principles on Freedom of Information Legislation.

1. Freedom of information legislation should be guided by the principle of maximum disclosure 2. Public bodies should be under an obligation to publish key information 3. Public bodies must actively promote open government 4. Exceptions should be clearly and narrowly drawn 5. Requests for information should be processed rapidly and fairly and an independent review of

any refusals should be available 6. Individuals should not be deterred from making requests for information by excessive costs 7. Meetings of public bodies should be open to the public 8. Laws which are inconsistent with the principle of maximum disclosure should be amended or

repealed 9. Individuals who release information on wrongdoing – whistleblowers – must be protected.

VI. LEGISLATIVE FRAMEWORK OF RTI IN PAKISTAN2

A Freedom of Information Ordinance was introduced in 1997 in Pakistan, but it was drifted in a

short time. A similar Ordinance was circulated in 2000, but failed to become law. However, upon the

pressure inserted by the international financial institutions, on October 27, 2002, the President of

Pakistan promulgated an ordinance called, “Freedom of Information Ordinance 2002”. The objective of

the ordinance was to give way to transparency by ensuring people’s access to government-held

information. The text of the ordinance stated that it shall come to force at once and was to be extended

to the entire country. The ordinance claimed to acknowledge the ordinary citizens’ right to demand

information for establishing good governance, eliminating corruption and holding the government

accountable for delivering services effectively. Besides allowing the people to monitor the government

offices’ workings, the law also provided with a grievance redressal mechanism for the citizens who had

been denied information earlier by stating, “In case the designated officer of a public body fails to

provide the requested information/record within 21 days, the requester may, in terms of Section 19 of

the Ordinance, file a complaint with the head of the public body, who shall dispose of the complaint

within 30 days of its receipt”.

This, indeed, was a major step in acknowledging the people’s right to access information,

however, as the ordinance was not thoroughly promulgated and was required to have interpretations in

context of a number of aspects. It was later discovered that even the competent bodies in federal offices

had little knowhow of the ordinance in practice or had little knowledge about how to interpret the law

in a specific situations), it is yet to be formally acknowledged and practiced in the government offices of

1 Extracted from: ‘Manual on Using Right to Information (RTI) Tools by CPDI Islamabad’. 2 Based on: ‘A Briefing paper on Right to Information Legislation in Khyber Pakhtunkhwa, Prepared by Citizen Engagement for Social Service Delivery. Peshawar, November 2013’


the country. Under 18th amendment, devolution of powers has taken place as the legal granting of

powers from central government of a sovereign state to governance at a regional or sub-national level.

The 18th amendment is a brief document of transfer of powers. Under this historic legislation in the

country, it grants a right to every citizen to have access to public information and records bestowed

under the Article 19-A. In follow up to this legislation, provincial governments have to develop laws,

rules and regulations for its effective implementation for easy access to public information. The progress

till date has shown that the KP government enacted RTI law through an ordinance and consultations for

Punjab law is going on despite promises made by the then provincial government for its early enactment

through assembly. Discussions on Sindh and Baluchistan laws are premature and inconclusive.

VII. RTI LEGISLATION IN KHYBER PAKHTUNKHWA 3

After thorough consultations and deliberations by the Govt of Khyber Pakhtunkhwa, a RTI law

was enacted on August 13, 2013. The PTI led coalition in the province initiated steps in promoting

transparency and accountability; it is in process of developing citizen friendly good governance laws and

RTI is one of those off shoots. On August 15, 2013, PTI Chairman launched the law in a packed seminar

in the provincial capital and briefed on the salient features of the law and its relevance to promoting

good governance in KP. The launch was attended by a large number of government officials, common

citizens, activists, media and CSOs. Majority of the stakeholders applauded the efforts of the provincial

government for broad based consultations for development of RTI law in the province.

VIII. SALIENT FEATURES OF KP RIGHT TO INFORMATION LAW 4

A. What is Right to Information?

The law bestows the right to access to any

information or record held by a body. It also

states that it facilitates and encourages the

disclosure of information, promptly and at

the lowest reasonable cost.

B. What kind of information is

available?

It encourages public bodies to

explicitly publish information for common

people to be accessible in an easy manner,

both on printable and internet formats. This focuses on the use of pro-active disclosure of information

3 Based on article ‘My right to know by Gulbaz Ali Khan, 15.09.2013 from http://www.cssforum.com.pk/general/news-articles/41513-news-political-economy-opinion-analysis-25.html, 4 Based on: ‘A Briefing paper on Right to Information Legislation in Khyber Pakhtunkhwa, by CESSD Peshawar, November 2013’.

http://www.cssforum.com.pk/general/news-articles/41513-news-political-economy-opinion-analysis-25.html


which has never been the focus in previous legislations in Pakistan. An unpublished study conducted by

an Islamabad think tank on RTI status on Pakistan reveals that proactive disclosure has remained non-

existent in most of the public bodies in all provinces including KP. This law binds public bodies to publish

information on:

a) acts, rules, regulations, by-laws, manuals, and orders,

b) organizational information including structure, function, powers, duties and services,

c) information on all employees including their remuneration, perks, privileges, powers &

duties

d) standard operating procedures,

e) decision making processes and opportunities for citizen engagement,

f) important information on the organization policies and decisions being made or in process,

g) budget including proposed and actual and

h) details on benefit programmes including subsidy including details about the amount and

beneficiaries.

C. What is process of disposal of information request?

Every citizen is eligible to lodge a request for information through the designated officer. This

law provides all means of submitting written information request including in person, by fax or by email.

Previous legislations (some still in invoke) in the country do not provide more flexible ways of submitting

information requests. It binds the public body to issue a receipt to the requester containing date and

name of the designated official. The public body will also provide assistance to the requester who is

having problems in describing required information or needs help due to any disability. The designated

officer shall intimate the requester through a notice indicating:

a) Information has been provided upon the payment of a reasonable fee,

b) request has been rejected but dealt upon provision of assistance,

c) request has been rejected based on the information which is already available in printable and

internet format, d) repeat request for same information and

d) request has been rejected, part and/or partial on the basis that information exist in exempt list.

In case of third

party information

request, the public body

will forward the request

to concerned

organization and inform

the requester

accordingly. The public

body will also inform the

requester about the

information which does

not hold. Figure 1: Process of disposal of information request


Figure 2: information Commission

The law assures requester information provision within maximum of ten working days from the

receipt of the information request and grants further 10 working days in case of longer search through

the records and/or place at disparate places and consultation with third party and/or public bodies.

However, it clearly states that information pertaining to protect life and/or liberty of the any individual

will be provided within two working days. A reasonable fee will be applicable for reproducing

information, however, first 20 pages will be provided free of charge.

D. What citizens cannot access?

It is an international practice to exempt certain limited information to be placed in the public

domain. This law also restricts access to information on:

1. international relations and security,

2. disclosure harmful to law enforcement,

3. public economic affairs,

4. policy making,

5. privacy,

6. legal privilege, and

7. commercial and confidential information.

E. What if information is denied?

Any denial to the information request may be challenged and the requester has the right to

lodge a complaint with the information commission. It will be binding upon the public body to prove its

order of non-submission of information to the requester. The information commission will decide on the

complaint within 60 days. If the concerned officer is found guilty of denying information to the

requester and destroying/mutilating the public records, he/she will be punished to the maximum of 2-

years imprisonment and/or fine @ 250 per delayed day to the maximum of Rs: 25,000.

F. What Information Commission is

all about?

This is an independent statutory

body enjoying administrative and

operational autonomy. This commission is

comprised of three members and will be

headed by a senior retired government

officer. Other members include retired

judge, an advocate of High or Supreme

Court and one representative of civil


society. The chief information commissioner and commissioners will hold offices for a term of four years

and shall not hold office after the age of 66 years.

G. How Information Commission can be instrumental?

The primary responsibility of the Information Commission is to address the requester

complaints. However, in addition to this; it will also set rules and minimum standards, adoption of

schedule of charges, user manual, compiling comprehensive report on law implementation and audited

accounts. The commission has powers to:

a) monitor and report the compliance,

b) make recommendations on reforms and comments on legislations,

c) facilitate and/or support training activities for public officials and d) publicize the

requirements and rights of the citizens.

H. Is there any protection for whistleblowers?

For the first time in the legislative

history of the country, law provides protection

to the whistle blowers who bring forward the

wrongdoings and act in favor of larger public

interest.

IX. RIGHT TO “BLOW THE WHISTLE”

The people who know best what is

going on inside any large institution are the

people who work there. The information that

a government chooses to release to the public

may not be the whole truth - it may not even

be the truth at all. This is particularly the case

where wrongdoing or serious mismanagement

is taking place. That is why it is important that

the right to freedom of information includes

the right of officials to make public

information about wrongdoing in the

institution that they work for.

Here are some of the examples of

where it would be justified for a whistleblower

to reveal information to the public:

An example of whistleblowing by a public official

Katherine Gun worked as an analyst for the General

Communications Headquarters (GCHQ), the British

government’s electronic eavesdropping organisation. In early

2003 she received a copy of an email from a US official

detailing plans to eavesdrop on diplomats of member countries

of the United Nations Security Council. Britain and the US were

desperate to win a Security Council resolution authorising their

planned invasion of Iraq.

Gun was shocked by what she read and gave a copy of the email

to a newspaper. The resulting story was a considerable

embarrassment to both governments. Gun admitted that she had

leaked the email and was charged with espionage. In February

2004 charges against her were dropped. Speculation was that the

British government might face more embarrassment if it was

obliged to produce in court the confidential legal advice that it

had used to support the Iraq invasion. In any event, in a country

where half the population opposed the Iraq war, it seemed

unlikely that a jury would have found Gun guilty.

Katherine Gun was not protected under English law. She lost

her job and escaped criminal conviction because the government

was afraid to proceed with her prosecution.

Source: Freedom of information: TRAINING MANUAL FOR PUBLIC OFFICIALS


• Committing a criminal offence

• Ignoring a legal obligation

• Corruption

• Maladministration in a public body

• Risk to public health

• Threat to the environment

Legal protection for whistleblowers

means that they are protected even if they

have breached their legal or contractual

obligations by revealing information, provided

that they did so in good faith, believing that

the information was true and about a serious

matter of public interest, such as the examples

we have given.

X. ROLE OF MEDIA IN PROMOTING AND PROTECTING THE RIGHT TO INFORMATION

Article 19 of the Universal Declaration of

Human Rights adopted by the United Nations

states:

“Everyone has the right to freedom of

opinion and expression; this right includes

freedom to hold opinions without interference

and to seek, receive and impart information

and ideas through any media and regardless of

frontiers.” The short section on media in the

Plan of Action (C.9) states that “The media …..

has an essential role in the development of

the Information Society and are recognized as

an important contributor to freedom of

expression and plurality of information.” In

fact, mass media is the most important vehicle

for information, knowledge and

communication in a democratic polity:

a) They are pervasive and play a

significant role in shaping societies;

Campaigning for RTI in the Philippines

In the Philippines, one of the campaigning successes has been

the creation of a very broad-based movement, currently

boasting over 150 members, the Right to Know. Right Now!

Coalition. The campaign overcame some initial resistance

from key sectors, including the media, which originally feared

that the adoption of an RTI law would undermine their

traditional sources of information. In addition to recognising

the importance of RTI and supporting the adoption of a law,

the campaign has been able to build a good level of

appreciation of the nuances regarding RTI, which has helped

with advocacy around specific issues with government. This

has been developed through a series of outreach and

awareness-raising activities, initially organised by the central

campaign but then spreading outwards and downwards

through the activity of member organisations.

Another success factor in the Philippines has been the

utilisation of a good combination of activist forms of

campaigning on the one hand, and high level direct

engagement in/access to formal processes –such as legislative

processes and formal dialogues with the executive– on the

other. Thus, the campaign has worked directly with

Congressmen and Senators to develop and improve RTI

legislation, and with the office of the President to build support

for the law, while also fostering direct action, for example in

the form of demonstrations and popular campaigns.

Finally, the campaign has been able to engage in a positive

way with the international RTI community, while maintaining

its independence. This led, among other things, to the

presentation of a letter with nearly 90 signatures from groups

and individuals from around the world to the Philippine

President and Congress in July 2012, urging them to adopt an

RTI law urgently (available at: http://www.law-democracy.

org/live/wp-content/uploads/2012/08/12.07.19.Phil_.

FOI_.let_.final_.pdf).

Unfortunately, despite the strength of the campaign and its

high level of international support, the government of the

Philippines has failed to take the necessary steps to see an RTI

law adopted in the country.

Source: “Global Right to Information Update published by

Freedom of Information Advocates Network, Page 51/91)


they provide the public sphere of information and debate that enables social and cultural

discourse, participation and accountability.

b) They are the most accessible, cost-effective and widespread source of information and

platform for expression.

Information is power. The media can play a crucial role in building an inclusive Information

Society based on knowledge power and its distribution.

Actions are required in three key areas for media to fulfill its potential:

1. To protect and extend media freedom and independence, and rights of access to information;

2. To actively develop the potential of media to provide information, a forum for debate on topics of

public interest, cultural expression and opportunity to communicate, especially to the poor and

marginalised;

3. To strengthen the capacity of media to promote and help build an Information Society -

raising awareness, channeling civil society concerns, debating policies and holding government,

private sector and civil society accountable.

Traditional systems of information access in India have made journalists dependent on sources

they must cultivate. Whether bureaucrats or politicians, much depends on the privilege and patronage of

the individual source. Such relationships of patronage not only make journalists depend on very feudal

relationships, it often makes them use the information regardless of its veracity.

An RTI regime can enable credible, evidence-based and factual reporting on key issues of public

interest. It can enable the media to expose mal-administration, corruption and inefficiency and to

propagate stories and instances relating to accountability, transparency, effective administration and

good governance. By using the RTI Act, the media can play an important role in highlighting issues

related to public service delivery and the efficacy and accountability of public officials.

Under the RTI Act, the journalists and reporters, like citizens, can:

i. Demand from the Government information pertaining to any of its departments

ii. Demand photocopies of Government contracts, payment, estimates,

measurements of engineering works etc.

iii. Demand from the Government certified samples of material used in the construction of

roads, drains, buildings etc.

iv. Demand to inspect any public development work that may be still under construction or

completed

v. Demand to inspect Government documents - construction drawings, records books, registers,

quality control reports etc.

vi. Demand status of requests or complaints, details of time delays, action taken on Information

Commission’s decisions etc.


vii. The media can play a constructive role in the governance process by:

a. Catalyzing Effective Implementation of the Act:

As the ‘fourth pillar of democracy’, the media not only has an important stake in what the RTI

Act purports to provide and achieve, but also in catalyzing and entrenching the implementation and

enforcement of this significant piece of legislation.

b. Providing Information to the Citizens and Building Awareness on the Act:

Despite the provisions that have been made to access information, citizens resort to media like

newspapers, radio, television etc. for day to day information about public authorities and their activities.

The media provides a link between the citizens and their government. The media’s right to information

or right to tell is not a special privilege but rather, an aspect of the public’s right to know. The media

should fulfill this obligation.

c. Giving Voice to the Citizens:

As part of the civil society, the media has an obligation to articulate the needs and aspirations of

the people. Using the Act, the media can highlight key issues faced by the citizens, particularly those

faced by the poor and voiceless.

d. Acting as a Watchdog on behalf of the Citizens:

The best service that the media can provide to the public, whether in a mature or emerging

democracy, is that of a community watchdog. Journalists should see and perform their role keeping in

mind public interest. Using RTI, the media can expose corruption and inefficiency. However, in

performing a watchdog role and digging out the truth, journalists should be careful in interpreting facts

and evidence.

It is important that the media plays the role of an honest broker of information for its readers

without deliberate bias or favouritism. The media must consider its independence to be its most

valuable commercial, editorial and moral asset. Maintaining its independence through professional

behaviour and a code of conduct that is subscribed to by all journalists, the media can be a powerful

user of the RTI Act and an agent for the empowerment of people through an Information Society. The

objective of the Act to usher in a practical regime of right to information cannot be attained without a

proactive role played by the media.

e. Suggested Areas for Action by the Media

Media can use the RTI Act in discharging the following roles:

i. In monitoring implementation of the Act


ii. In reporting on the effectiveness & efficiency of public service delivery

iii. In highlighting corruption and fraud related issues

iv. In highlighting citizen grievances

v. In highlighting significant cases or efforts made by organisations /individuals on RTI.

However, it needs to be noted that the suggested areas are selective and are provided only to

guide the media to effectively use the RTI Act provisions.

XI. EMPOWERMENT THROUGH INVESTIGATIVE JOURNALISM5

The exercise of right to information brings about qualitative change in the lives of people. It is

clear that these are matters of public interest. The question arises as to how public accountability in

matters pertaining to public interest be ensured? For this, we will have to understand the role of the

media as a fourth estate in democratic system of governance. The fourth estate model dictates the

media to make government accountable by publishing information about matters of public interest even

if such information reveals abuses or crimes perpetrated by those in authority. From this perspective,

investigative reporting is one of the most important contributions that the press makes to democracy

and, resultantly, to the citizens. Investigative journalism also contributes to democracy by nurturing an

informed citizenry. Information is a vital resource to empower public that ultimately holds government

accountable through voting and participation.

Furthermore, citizen activism helps media to monitor the performance of public institutions and

share the findings with the citizens. When we take into the consideration the fact that most people do

not exercise their right to freedom of information in a direct and personal way, the significance of

investigative reporting becomes all the more important. People rely heavily on mass media –

newspapers, radio, television and, increasingly, the Internet-in order to have access to information.

Therefore, it is the responsibility of the journalists to empower the citizens by exercising the right to

information on their behalf, in matters pertaining to public interest, through investigative reporting.

That is why journalists are not only supposed to use access to information laws, firstly, to inform

themselves, but also, to better inform the public. This brings us to the sources used by the journalists to

access information.

XII. RTI IN THE SOUTH ASIAN REGIONAL CONTEXT

Four countries have right to information laws within the South Asian region: Pakistan (2002),

India (2005), Nepal (2007) and Bangladesh (2008). Implementation in both Pakistan and Bangladesh

remains weak, while in India, implementation has been extremely strong at a number of levels. There is,

in particular, a very powerful grass‐roots narrative around the right to information as a tool for

combating corruption, for extracting accountability and for ensuring the delivery of entitlements and

5 Based on: ‘Manual on Using Right to Information (RTI) Tools by CPDI Islamabad’.


services.

The Indian experience represents huge potential for other regional counterparts in a number of

ways, including as a source of inspiration, examples and expertise. At the same time, there are potential

drawbacks if they attempt to follow the Indian course too closely, as it lacks the much more robust

structures and popular base of support that pertains in India. Such as, the Indian influence can be seen

in some of the appeal cases in Nepal – for example relating to access to exam answer sheets and judicial

records – which parallel high‐profile cases in India. Unfortunately, these examples relate to elite

requesters while the powerful grass‐roots experiences from India do not seem to have translated to

other countries.

XIII. RTI INTERNATIONAL TREND6

The first RTI law was enacted by Sweden in 1766, largely motivated by the parliament’s interest

in access to information held by the King. The Swedish example was later followed by the US, which

enacted its first law in 1966 and then by Norway in 1970. The interest in Freedom of Information (FOI)

laws took a leap forward when the US, reeling from the 1974 Watergate scandal, passed a strong FOI

law in 1976, followed by several western democracies enacting their own laws (France and Netherlands

1978, Australia, New Zealand and Canada 1982, Denmark 1985, Greece 1986, Austria 1987, Italy 1990).

By 1990, the number of countries with FOI laws climbed to 13. A big step forward was the EU Charter of

Fundamental Rights in 2000, which included both freedom of expression and the right of access to

documents.

By 2010, more than 85 countries have national-level RTI laws or regulations in force including

the major developing countries like China and India. Of all these, Mexico has taken the lead with one of

the best examples of a well-functioning FOIA in the world. The law passed in 2002 represents a vital

element of Mexico’s democratic transition and became a model worldwide. A well competent

governmental body (Instituto Federal de Acceso a la Información) is entrusted with the responsibility of

implementation and overseeing the law. Handling over 200,000 requests in its first five years, have

resulted in Mexico setting a new international standard for transparency legislation.

In Asia so far almost 20 nations have adopted FOI laws including Kazakhstan (FOI Act, 1993),

South Korea (Act on Disclosure of Information by Public Agencies, 1996 adopted in 1998 and amended

in 2004), Japan (Law concerning Access to information, 1999 came into power in 2001 and amended in

2003), China (Open Government Information Regulation, 2008 which came into effect in 2009) and

Indonesia (FOI Law, 2008 which came into force in 2010). In South Asia, countries such as Afghanistan,

Bhutan, Maldives and Sri Lanka, have not adopted any related legislations. Only Nepal (2007),

Bangladesh (2009), Pakistan (2002) and India (2005) have such laws.

In Pakistan, the FOI Ordinance passed in 2002 has provision for fine up to Rs. 10,000 when

6 Extracted from: ‘Analyzing the Right to Information Act in India, by Simi T.B., Madhu Sudan Sharma & George Cheriyan of and for CUTS International, 2010’.


complaints are deemed to be frivolous, vexatious or malicious by the Ombudsmen. In Nepal, the law

requires public agencies to update and publish 12 different kinds of information(s) by themselves on a

periodic basis. Likewise, in Bangladesh, request for information cannot be rejected on the ground of

national security. Jordan is the only Arab country to have enacted a RTI law.

In Africa, the progress on the enactment of RTI laws has been more modest. The South Africa’s

Promotion of Access to Information Act, 2000 came into force in 2001 remains unique in Africa being

the only such law that permits access to records held by private as well as public authorities. Followed

by South Africa, Zimbabwe adopted the ‘Access to Information and Privacy Protection Act, 2002,’ though

it is very weak. In three other African nations: Angola (Access to Administrative Documents Act, 2002

which was further amended in 2006); Uganda (Access to Information Act, 2005 which came into power

in 2006); and in Ethiopia (Law on Mass Media and FOI, 2008 amended in 2010) FOI Acts were adopted

which have been constrained by poor implementation.

Kenya’s efforts to enact an FOI law dates back several years but in recent times has been

most apparent through the publishing of draft FOI Policy and FOI Bill 2007 by the Government of Kenya

in April 2007. The published bill has very progressive provisions, but its enactment is still awaited. In

Zambia, a FOI Bill 2002 was placed in the Parliament but withdrawn in 2002 itself, with the government

justifying the withdrawal on the basis that it wanted to consult widely on the Bill. The new Bill has yet to

be reintroduced in the Parliament. The Constitution of Ghana guarantees the people, freedom of

information. In Ghana, the FOI Bill has been drafted but not yet passed by the Parliament.

XIV. RTI - SUCCESS STORIES AND LESSONS LEARNING FOR CIVIL SOCIETY 7

a) South Asia

Constitutional protection accorded to the right to information in Pakistan and Nepal,

and the enactment of RTI laws in Pakistan, India, Nepal and Bangladesh, are some of the major

achievements to which civil society groups working on the right to information have contributed in

South Asia.

In India, when encountering problems in exercising their rights, or with the functioning

of the administrative system, instead of paying bribes, which had become almost a norm in the past,

people are submitting information requests. In other words, people are submitting information requests

in order to obtain access to basic services like the issuance of official documents (such as passports or

ration cards), installation of electricity and gas meters, or obtaining their pensions, which in the past was

often difficult without offering bribes. Many requests are successful and a recent study by Yale

university students showed that submitting information requests to get ration cards was almost as

7 Based on: Global Right to Information Update, An Analysis by Region by Freedom of Information Advocates

Network, July 2013.


effective as offering bribes.

The effectiveness of the Indian RTI Act is serving as a beacon of light for other South

Asian countries. This can be gauged, for example, from the fact that recently the Chief Minister of

Punjab stated in an official meeting that he wanted to enact in Punjab an RTI law which was as effective

as the Indian one. However, the Indian success story of connecting RTI with the issues of the common

people has not yet been replicated in other countries in South Asian.

Initiatives by civil society groups have greatly contributed to RTI being given explicit

constitutional protection in Article 50 of the Constitution of Afghanistan, 2004, Article 27 of the 2007

Interim Constitution of Nepal, Article 7 of the Constitution of the Kingdom of Bhutan, 2008 and through

the insertion of Article 19-A in the Constitution of Pakistan, through the 18th Amendment in 2011.

In addition to constitutional developments, civil society efforts have led to the recent

enactment of RTI laws in different countries in the region, in the shape of the Indian Right to

Information Act, 2005, the Nepal Right to Information Act 2007 and the Bangladesh Right to Information

Act 2010.

In Bhutan, Sri Lanka, the Maldives and Afghanistan, RTI laws have been drafted but not

yet enacted. In Sri Lanka, the Justice and Legal Reforms Minister announced on 5 April 2010 that the

draft Freedom of Information Act had been finalised, but this law has still not been enacted. The same is

the case in the Maldives, where a draft Freedom of Information law was prepared as far back as 2005.

but has not yet been enacted (there is, however, a 2008 regulation on RTI). In Bhutan, a draft RTI law

was sent to the Legislative Committee for comment on 16 March 2012. In Afghanistan, after

consultations with civil society organisations, the government prepared a draft RTI law in 2000, but it

has not yet been enacted.

Civil society groups work on RTI in South Asia

Civil society groups started working on RTI in the mid-1990s in South Asia. With the exception of

India, where Mazdoor Kisan Shakti Sangathan (MKSS), an organisation established in 1990 that works

with workers and peasants in the villages of Central Rajasthan) and the National Campaign for People’s

Right to Information (NCPRI, established in 1996) have played a significant role in the right to

information movement, the contribution of civil society groups in other countries of the region is far

more muted.

In most countries in South Asia, civil society groups working on RTI are largely dependent on

institutional funding from western donors, and there are few civil society groups or individuals in the

region working on RTI that are not dependent on Western funding. If this source of funding were to be

cut off, it would deal a severe blow to RTI movements in these countries.

Lack of transparency in their operations and poor governance structures are two major


weaknesses that some civil society groups working in the area of RTI in South Asia suffer from. Some

civil society groups have been founded mainly to promote personal interests, and, in these cases, one

common practice is the appointing of friends and relatives onto largely ineffective governing boards.

These groups have therefore become commonly referred to as MoNGOs (My Own NGO). These groups

reflect negatively upon other groups. This has led to a realisation within the civil society groups working

in the area of RTI that they should set an example to governments by becoming more transparent and

open in their functioning.

This is consistent with provisions in the Nepali and Bangladeshi RTI laws which include NGOs

within their scope. The inclusion of NGO’s alongside public bodies within the scope of RTI laws has also

been proposed in a private member’s RTI bill in Pakistan, as well as in the model right to information law

put forward by the Centre for Peace and Development Initiatives (CPDI). At the same time, these rules

have created problems in implementation of the RTI laws in Nepal and Bangladesh, as they have meant

that an important potential demand side presence, namely civil society, has been reluctant to engage

with the law.

Networking, institutional memory and high levels of motivation of some RTI activists are some

of the major strengths of civil society groups in South Asia. Most of these belong to national, regional

and/or international RTI networks. As a result, not only do these groups benefit from in-depth

discussions and information sharing about latest developments on RTI, but these networks also

generate a sense of camaraderie. Most of the civil society groups working on RTI in South Asia are

members of Freedom of Information Advocates Network (FOIAnet). Recently, in collaboration with the

Affiliated Network for Social Accountability, South Asia Region (ANSA SAR), the Commonwealth Human

Rights Initiatives (CHRI) launched the South Asia Right to Information Advocates Network (SARTIAN).

Some groups in the region have now been working for a decade on RTI issues and, as a result,

have long institutional memories about the various developments that have taken place not only in their

own countries, but also at the regional level. Finally, a core strength of civil society groups are highly

dedicated and motivated RTI activists, some of them well known at the national, regional and

international level, who not only take their work on RTI as a profession but as a personal commitment.

The disconnect between citizens and the state, while an important weakness, can also be seen

as a great opportunity for civil society groups working on RTI issues. This disconnect is one of the

legacies of the colonial era which is prevalent, in varying degrees, in India, Pakistan, Bangladesh and Sri

Lanka. Owing to this colonial legacy, the relationship between officials and citizens is not one of ‘public

servants’ and ‘citizens’ but one of ‘the rulers’ and ‘the ruled’, which is strengthened and nurtured

through secretive ways of functioning and denial of RTI. This relationship needs to be changed, which is

possible only if transparent functioning of public bodies and greater access to information is ensured. To

achieve this, a lot needs to be done. There is a recognised need for higher transparency standards and

further work by groups specialising on RTI.


b) Use of the Right to Information Act by CSOs in India8

The EU currently provides financial support to almost 80 Indian civil society organisations (CSOs)

working in a different sectors ranging across human rights, health and environment, livelihoods and

vocational education and training.

The RTI Act is proving to be a powerful tool for CSOs across India. They are using and raising

awareness about the RTI Act in a variety of ways, some of which have received funding from the EU. For

example, the Asian Centre for Human Rights (ACHR) - an organisation dedicated to the promotion and

protection of human rights and fundamental freedoms in the Asian region - recently used the RTI Act to

assess how much government funding is going to NGOs through the different Ministries. There are

numerous schemes for NGOs, but little analysis on who benefits, how much they receive and what the

impact of their work is.

Collecting the necessary data was not an easy task, but the RTI Act proved crucial in accessing

the information: ACHR used RTI applications to obtain information regarding financial grants to NGOs

and so-called voluntary organisations (VOs) through different government and state ministries and

departments. They found that the Indian government annually provides at least € 140 million to

NGOs/VOs through various government schemes, most of which is not adequately monitored after it

has been disbursed.

The organisation also uses RTI applications in its EU-funded project to reduce violence against

children in conflict with Indian law. Most of the reports produced under this project, covering different

aspects of violence within the juvenile justice system, are based on previously unavailable information

obtained through the RTI Act. "These are government data and as a result, there is little room for the

government to dismiss it. This is one reason for the reports having the impact [they have]." says Tejang

Chakma, Research Coordinator at ACHR. The reports are being used to raise awareness on violations, to

promote accountability and to incentivise stakeholders to carry out their respective responsibilities.

The People's Vigilance Committee on Human Rights (PVCHR) - a human rights organisation

based in Northern India fighting for the rights of marginalised people - is using the RTI ACT in a different

way. As part of its EU-funded project 'Reducing police torture against Muslim minority at the grassroots

level by engaging and strengthening human rights institutions in India', PVCHR is supporting victims of

human rights violations in making RTI applications. The organisation is raising awareness about the RTI

Act and showing people how they can use it for their benefit.

In 2012 alone, the organisation supported over 204 people in submitting RTI applications. The

RTI applications are used, for example, to check if disciplinary action was taken against police personnel

involved in torture, to ask for progress reports of investigations or to get the reasoning behind a

8Based on article retrieved from: http://capacity4dev.ec.europa.eu/article/csos-india-use-right-information-act-

accountability-and-transparency#sthash.RAyVAWnz.dpuf

http://capacity4dev.ec.europa.eu/article/csos-india-use-right-information-act-accountability-and-transparency#sthash.RAyVAWnz.dpuf



decision (not) to provide compensation for cases of police violence. In many cases, the RTI applications

have helped victims get ahead in their struggle for justice.

Parmarth, an Indian organisation working in some of the most deprived areas of Uttar Pradesh

in Northern India, is implementing a project to reduce the vulnerability of the community by securing

water management through women’s participation. With EU support, the organisation is mobilising and

supporting collectives of women organised into so-called Pani Panchayats (water councils) on a

community level. These Pani Panchayats are voluntary councils in charge of equitable water distribution

at the community level.

Pani Panchayat members have received training on the RTI Act and on how to use it to obtain

the information that they need. Subsequently a number of Pani Panchayats have succeeded in filing RTI

applications and obtaining lists of those in their communities who live Below the Poverty Line (BPL).

People with BPL status are eligible for a number of special benefits and support schemes, such as ration

cards or subsidized reproductive and child health services. Through the obtained list, they managed to

link the poorest members of their communities to these schemes so that they could access these

benefits. For example, following its RTI application the Pani Panchayat in the village of Kalothara

received the BPL list within 15 days, which allowed it to identify those households eligible for special

schemes. As a result, several of the poorest households in the community benefitted from toilet

constructions in their homes.

This last example also highlights one of the main challenges in implementing the RTI Act: the

lack of awareness, particularly in rural areas. Many people remain unaware of the very existence of the

RTI Act, or of the process of making a RTI application. ACHR, PVCHR and Parmarth are doing their share

of educating citizens so that they can use the RTI Act as a tool for change in their own lives and in their

wider communities.

c) Implementation of RTI in Nepal – Prospects for Civil Society 9

In most countries, civil society plays a central role in promoting respect for the right to

information, in addition to any responsibilities these organisations may have as public bodies. One of

the main roles of civil society in many countries is to build the demand side of the right to information

system. It is perhaps useful to distinguish between NGOs which focus directly on promoting the right to

information as part of their work and other civil society organisations, which may use the right to

information to facilitate their work. It would appear that neither group is making much use of the RTI

Act at present and that, in particular, the rate of requests for information remains very low. There is

thus an urgent need to build demand.

In most countries, civil society also plays an important role in raising public awareness about the

right to information, thereby creating a different sort of demand, as individuals request information for

9Source: Implementation of the Right to Information in Nepal: Status Report and Recommendations, The World Bank January 31, 2011

http://www.parmarthindia.org/


personal reasons. The media clearly play an important role here, but other civil society organisations can

also disseminate important messages about the right to information. There is an almost unlimited

variety of ways in which civil society can create demand and build awareness. Local groups need to

design programmes which fit with their capacities, human and financial, and other programmatic

activities. However, a few general success factors may be identified:

• Use existing networks: There are 1000s of NGOs in Nepal and many belong to networks of one

sort or another. These networks can play an important role in spreading information about the

right to information to their members. Regional NGO centres and existing meetings can, for

example, be used to host awareness sessions and to provide practical advice about how to use

this right.

• Work at the local level: NGOs which work at the local level can be particularly important in

raising awareness among sectors of the public that can be hard to reach in other ways.

Furthermore, secretive practices and culture are often more entrenched at the local level,

making the right to information all the more important.

• Generate evocative success stories: Success stories are always useful, but some are more useful

than others. So far, in Nepal, many of the more high‐profile stories around the right to

information involve elites rather than grass roots requesters (medical students, judges, civil

servants). In contrast, in India, powerful stories about the right to information being used to

redress corruption against the poorest of the poor have created a massive groundswell of

support for the right. Civil society groups in Nepal need to generate more stories along those

lines.

• Use innovative tools: Linking the right to information to modern tools to promote good

governance can create powerful synergies and facilitate vertical accountability. Tools such as

citizen report cards and social audits, for example, have been used to great effect in conjunction

with the right to information in many countries. Linking the right to information to participatory

opportunities can also be very effective.

d) Access to Information and Access to Food – case study from India

This case study is about access to food and is based on the efforts of an 18-year-old boy from

India, utilising the power of RTI to assist his villagers gain access to their rightful food rations and, more

importantly, to stimulate the state government to take a policy decision on this issue. India has the

largest number of people living in poverty of any country. One government measure to ensure that

people escape the harshest affects of severe poverty is the granting of ration cards, granting people

subsidized food supplies. In 2008, the state of Gujarat issued nearly 8.95 million Above Poverty Line

(APL) food ration cards and 3.55 million Below Poverty Line (BPL) cards. The latter category included

some 0.81 million cards for those in the Antyodaya Anna Yojna (AAY) category, which caters to the

poorest of the poor. In all, nearly 13.3 million ration cards were issued to ensure the availability of

wheat, rice, sugar and kerosene to the poorer sections of society at highly subsidised rates.


Bhadresh Wamja of Saldi village, around 225 km from Gandinagar, Gujrat’s state capital, was a

Bachelor of Commerce student. Falling into the APL category, Bahdresh’s family was entitled to receive

10kg wheat at Rs10 per kg, 2kg rice at Rs7.25 a kg and 2 litre of kerosene per person at Rs12.53 to

Rs13.43 a litre20. On hearing his friends’ complaint that they never got their rations, Bahadresh visited

the fair price shop to try out his own ration card. The shopkeeper informed him that he had not received

stocks from the government for many months. In February 2011, Wamja filed an application with the

tehsildar (tax collection officer), but before an inspection could be conducted, the shopkeeper had

already moved the stock out of the shop. Therefore, normal controls were not able to verify what the

problem was with food supplies in the shop.

Wamja phoned a local NGO in Ahmedabad, Mahit Adhikar Gujarat Pahel, which advised him to

file an RTI request with the deputy tehsildar and make a police complaint. Wamja also visited the office

of the district supply officer (DSO), where he found out to his great surprise that the shopkeeper was

supplied with 8,306 kg of wheat on a regular basis and 1,599 kg extra wheat between August 2010 and

January 2011. According to the documents which Wamja received from his RTI request, the shopkeeper

had supplied the entire stock to ration card holders. This indicated that the shopkeeper was lying to the

villagers when he had stated that the government had not provided him with any stock.

Due to these efforts, the tehsildar was forced to investigate again, and he found that nine out of

10 villagers had received nothing. Clearly, rations had been diverted, indicating corruption. A report was

filed and an inquiry was held. Both found that corrupt practices had taken place. The shopkeeper was,

however, not prevented from distributing the food rations but was given a strict warning to mend his

ways.

Following other similar cases, the Food, Civil Supplies and Consumer Affairs Department issued

an order, dated 4 March 2011, to all tehsildars and fair price shop licensees in Gujarat, directing them to

disclose on a proactive basis ration supply information on the walls of fair price shops as well as at the

tehsil level.


Annex-1

FINDINGS AND RECOMMENDATIONS OF THE RTI INDEX 2012-13 REPORT10

FINDINGS OF THE RIGHT INFORMATION INDEX 2012-13:

Following are key findings of Right Information Index 2012-13.

Ineffectiveness of RTI Legal Regime:

The existing right to information laws in the field are largely ineffective. The right to information

laws in the country do not meet the international standards of an effective law and the regional best

practices. Especially, these laws have weak implementation mechanism. Unlike Indian Right to

Information Act 2005, the laws do not impose penalty on the public official when information request is

unlawfully denied.

Lack of Responsiveness of Public Bodies:

Public bodies do not respond to information request even when simple information about the

allocated budget and its utilization for a quarter of a financial year is requested under the right to

information laws of the land. Only 6 out of total 70 public bodies provided the requested information

signifying the low priority of public bodies in terms of responding to information requests.

Ombudsman-A Toothless Appellate Body:

The office of Ombudsman is a toothless appellate body with regard to taking action on

complaints lodged against public bodies for not providing requested information under the right to

information laws. Only 11 public bodies out of total 64 public bodies at all three tiers of government

provided information on the intervention of Ombudsman. It should be kept into consideration that

these information requests pertained to allocated budgets and its utilization. In more serious cases,

perhaps public bodies might have ignored the intervention of Ombudsman altogether as Ombudsman

cannot impose any penalties and its decisions are only recommendatory in nature. Furthermore, instead

of writing to public bodies to provide the requested information, the person lodging complaint is asked

to appear for hearing.

RECOMMENDATIONS OF THE RIGHT INFORMATION INDEX 2012-13:

Need for Repealing Existing Right to Information laws:

The existing right to information laws are inadequate and ineffective. The Freedom of

Information Ordinance 2002 and its replicas in Sindh and Balochistan in the shape of Sindh Freedom of

10 Source: Pakistan Right to Information Index 2012-13, Unpublished Report of CPDI Islamabad, June 24, 2013


Information Ordinance 2006 and Balochistan Freedom of Information 2005 need to be repealed and

new laws should be enacted. The Provinces of Punjab and Khyber Pakhtunkhwa where there is no

legislation on right to information need to enact right to information laws. The new right to information

laws should be enacted only after consultation with right to information experts and civil society groups

working in the area of right to information.

Replacing Ombudsman with Independent and Autonomous Information Commissions:

Any law is as good as its implementation mechanism. There is need for independent and

powerful information commissions at federal and provincial levels. These information commissions

should be given budgetary and administrative autonomy. It should be ensured that there is equal

representation of civil society, bureaucracy and judiciary in the composition of these information

commissions. Taking decisions on contentious matters pertaining to the right to information is a

specialised job which should only be entrusted to an independent and autonomous information

commission. Furthermore, the role of the appellant body pertaining to the right to information is not

just to decide disputes regarding access to information which often involves vested interests and

powerful mafias, and requires certain skills and competencies. Its functions also include ensuring the

proactive disclosure of information, issuing guidelines in this regard to the government and presenting

an annual ‘state of right to information’ in the country to the legislative body. The argument that the

establishment of a new entity will incur extra expenditures does not really hold water. The benefits of

an accountable and transparent government resulting from the efforts of a powerful information

commission will far outweigh the costs of establishing such an institution.


Annex-2 Advocacy Campaign for RTI – a case study11

11 Reproduced from a case study by CPDI Islamabad



Annex-3 RTI - NEWSPAPER CLIPPING

My right to know12

A lot remains to be done to make people aware about the right to information law in KP by Gulbaz Ali Khan

It is the right of the general public to seek information. But it is really a challenging task when a

government department is not willing to share. As we know, easy access to information is not only

helpful in empowering the poor and the vulnerable groups in society but also reduces incidence of

corruption and injustice. It is time that all democratic governments take a step towards openness and

transparency.

The elections in 2013 have brought four major parties in power in four provinces of Pakistan. It has

started healthy competition among all the ruling parties to take lead in showing performance, especially in

governance and local service delivery. In this regard, legislations on the Right to Information (RTI) and

local governments are underway. In few provinces, it has been presented and passed by the provincial

assemblies. KP has taken lead in developing a comprehensive RTI law ahead of all provinces.

Through broad-based consultations and deliberations by the government of Khyber Pakhtunkhwa, a

law was enacted on August 13, 2013 in this regard. The leadership of PTI-led coalition in the province

has initiated steps in promoting transparency and accountability and is in the process of developing

citizen-friendly good governance laws and RTI is one of them.

On August 15, 2013, PTI Chairman Imran Khan announced the law in a packed seminar in Peshawar

and gave a briefing on the salient features of the law and its relevance to promoting good governance in

KP. The ceremony was attended by a large number of government officials, common citizens, activists,

media and civil society organisations. A majority of the stakeholders applauded the efforts of the

provincial government for a broad-based consultation for development of RTI law in province.

What makes this law different from the earlier toothless versions is its easy citizen-friendly process of

getting access to a wide range of pro-active and on-demand information in the public interest. It

encourages a pro-active disclosure of information, which must be placed in a printable format in the

public domain for wider use.

The procedure would be something like this. An information request, subject to payment of

reasonable fee, will be dealt by the Information Officer. A receipt will also be issued to the requester upon

submission of a request.

Under the law, the relevant department is bound to provide information within 10 days, extendable to

another 10 days in case information is not properly stacked and requires search. It ensures quick provision

of information in only two days in case it is deemed necessary to save human life.

It is argued that the literacy level in Khyber Pakhtunkhwa differs in different areas and the gender

divide is clear, restricting a majority of the population to make use of this law. But, this binds an

12 Source ‘My right to know’ The News article by Gulbaz Ali Khan, published on 15.09.2013, Retrieved from http://www.cssforum.com.pk/general/news-articles/41513-news-political-economy-opinion-analysis-25.html

http://www.cssforum.com.pk/general/news-articles/41513-news-political-economy-opinion-analysis-25.html


information officer to provide assistance to the requester in submitting the request and also elaborating

the required information.

Any delay or holding of information request can be challenged. A requester has the right to lodge a

complaint with the information commission. It will be binding on the public body to prove its position.

The information commission will decide about the compliant within 60 days. If the concerned officer is

found guilty of denying information to the requester and destroying/mutilating the public records, he/she

can be awarded punishment of a maximum of 2-years imprisonment and or fine of Rs250 per delayed day

to the maximum of Rs25,000.

Unlike an Ombudsman as an appellant body, the Information Commission will be established within

120 days, headed by Chief Information Commissioner and supported by three Commissioners from

retired government officers and members from the judiciary, bar council and civil society. This

commission’s prime responsibility is to dispose off the requester complaints, however, it will also

develop rules and standards, publicise RTI, conduct awareness and training activities, etc.

The law also provides protection to whistleblowers who bring wrongdoings in limelight in the larger

public interest. Though the government has shown its commitment of promoting good governance and

transparency through inclusion of citizens into government functions, it seems a gigantic task to fully

implement the law in such a debilitating socio-economic and fragile security conditions.

While speaking during a seminar on RTI, Secretary Information asked the civil society and media to

give support in ensuring proper use of this law by the common citizen. This is something already being

practised in India where a peanut vender in a small town can hold an Assistant Commissioner accountable

for misuse of government vehicles by having access to information through RTI. Citizens in Khyber

Pakhtunkhwa can also avail the offer only if they know about the law.

KP is lucky as it houses institutions where common citizens are engaged in management and

oversight. Parent Teachers Councils (PTCs) in the education sector, Primary Care Management

Committees (PCMC) in the health sector and Water User Committees (WUC) in the water sector have

been instrumental in transforming decision-making into a more inclusive and participatory exercise,

resulting in improved service delivery.

The social service committees have their workforce engaged constructively both with the community

and administration to provide an opportunity to the government for wider RTI promotion and awareness.

Once this huge social workforce knows about the RTI, its use and effectiveness in holding local

administration accountable, it will add to a faster social change at the grassroots level. An effective

strategy, engaging these committees, will transform their members into local RTI activists.

The writer is a social accountability expert based at CESSD, Peshawar and can be reached at [email protected]

mailto:[email protected]


Annex-4

BIBLIOGRAPHY

1. A Briefing paper on Right to Information Legislation in Khyber Pakhtunkhwa, Prepared by Citizen

Engagement for Social Service Delivery. Peshawar, November 2013

2. Briefing Paper Analyzing the Right to Information Act in India, by Simi T.B., Madhu Sudan

Sharma & George Cheriyan of and for CUTS International, 2010.

3. Daniel Metcalfe, Faculty Fellow in Law and Government of the American University’s

Washington College of Law

4. Global Right to Information Update, An Analysis by Region by Freedom of Information

Advocates Network, July 2013.

5. http://capacity4dev.ec.europa.eu/article/csos-india-use-right-information-act-accountability-

and-transparency#sthash.RAyVAWnz.dpuf

6. Implementation of Right to Information in Nepal: Status Report & Recommendations, The World

Bank, January 31, 2011.

7. Implementation of the Right to Information in Nepal: Status Report and Recommendations, The World Bank January 31, 2011

8. Manual on Using Right to Information (RTI) Tools by CPDI Islamabad.

9. Pakistan Right to Information Index 2012-13, Report by Gulbaz Ali Khan, CPDI Islamabad, June

24, 2013

10. Right to Information Practical Guidance Note by Andrew Puddephatt (Executive Director Article

19) in collaboration with the Oslo Governance Centre, United Nations Development Programme

Bureau of Development Policy Democratic Governance Group, July 2004.



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