September 28, 2003

Islamabad: Freedom of information is crucial to achieve the goals of transparency, accountability and public participation in the governmental departments. It is, however, very discouraging that the Government of Pakistan, despite high claims for transparency and good governance, has not shown adequate commitment to promote freedom of information. It is evident from the fact that it has not implemented the Freedom of Information Ordinance 2002, which was promulgated about 11 months back in October 2002. The Cabinet Division is yet to formulate and notify rules of business for the implementation of the Ordinance. It was stated by various speakers at the Candle Vigil that was jointly organized in connection with the “Right to Know” Day by the Consumer Rights Commission of Pakistan (CRCP) and Civil Junction.

It may be pointed out that the Freedom of Information Ordinance 2002 recognizes, although in a limited way, the citizens’ right to access information and records held by the departments and public bodies under the Federal Government. The Ordinance, however, has major lacunae including that, for instance, it does not provide for a citizen to get record held by a public body about him or her corrected, updated or completed.

While underlining that the Freedom of Information Ordinance 2002 is extremely flawed, speakers demanded its earliest implementation because it provides at least some space for citizens to watch the performance of government departments. It is a bad piece of legislation but it is better than no such law at all, stated Mr. Mukhtar Ahmad Ali, Executive Coordinator CRCP.

In the meanwhile, he stressed that the Ordinance must be amended with the aim of promoting citizens’ access to information and records held by the public bodies. In its present form, the Ordinance includes too many exemptions and leaves much to the discretion of public officials. It will be appropriate to declare noting on the files, Cabinet records and intermediary recommendations or opinions as public records, so that citizens could better monitor the performance of public bodies and government.

Mr. Munir Ahmad from the Media Network also spoke on the occasion and highlighted the need of using media to promote the cause of freedom of information.

Mr. Abrar Hafeez, General Secretary CRCP, demanded amendments in the Official Secrets Act 1923 so that unnecessary restrictions on citizens’ right to know are removed.

It may also be highlighted that no province in Pakistan has so far enacted any freedom of information law. It means that at preset citizens of Pakistan have no right to information in respect of information and records held by the provincial departments. Mr. Hafeez demanded the provincial governments to take immediate steps for the promotion of freedom of information to demonstrate their commitment to good governance. It is, however, encouraging to note that under the Local Government Ordinance 2000, district governments are already bound to ensure maximum transparency in their functioning.

Mr. Salman Humayun stated that Freedom of information is an extremely important reform, which empowers citizens to monitor the performance of public departments and, thereby, contributes to promoting efficient public service delivery and good governance. It may be pointed out that over 40 countries around the world have enacted and implemented freedom of information laws. India takes the lead in South Asia because freedom of information laws have been enacted both by the central as well as state governments in India.