State of Access to Information and Related Challenges in Pakistan

The unfortunate state of governance in Pakistan, especially with regard to protection of rights and delivery of public services, can be significantly attributed to lack of citizens’ access to information and transparency. Lack of access to information gravely undermines the ability of citizens, civil society groups and public representatives to efficiently monitor the performance of government functionaries and departments, and hold them accountable.

It is noteworthy that right of access to information is recognised in no less than seventy four countries as the first step towards opening government institutions for public accountability at various levels; while its absence or lack of it often results in arbitrary and non-participatory decision-making, weak monitoring, inefficient project execution, human rights violations and rampant financial corruption in public bodies. Contrary to the spirit of public participation in a democratic society, the hurdles to provide information to the masses continuously contribute toward sustaining excessive bureaucratic controls and weakening of democratic institutions. Thus access to information is decisive for establishment of a pluralistic culture that ensures transparency, accountability and equal opportunities for all.

At present, in Pakistan, almost all government activity in the country takes place in a culture of official secrecy, which is manifested in both official attitudes and various pieces of legislation (e.g. Official Secrets Act 1923). Any disclosure or sharing of information, if and when it takes place, is on a ‘need to know’ basis, as determined by official authorities, and not in recognition of the ‘right to know’ as one of the fundamental human rights. As a result, what information is made accessible or not and at what time or in what manner it is disclosed is determined by the government. Citizens have hardly any say or control of it, even though the information and records held by various government departments may have direct implications for their environment, health, safety and well-being as well as their ability to make political or economic choices. This particularly affects the weaker sections, as the powerful people find it easier to access the required information by using their contacts and influence.

The culture of secrecy is so predominant in this country that it has failed or seriously undermined almost all mechanisms created for providing access to government information. Official statements and press releases often provide one-sided information and lack credibility. Annual reports are either not published or lack details and appropriate analysis, which could help in determining the credibility of data presented and assessing the year-wise performance of related departments. Parliamentary questions lead to disclosure of some information but complaints about delayed or misleading replies and summary dismissal of many questions, especially the ones relating to any aspect of security establishment, are common.

One may argue that court proceedings take place in the open and, therefore, can result in the disclosure of useful official information, especially when the case involves one or more government departments. However, the amount of information thus disclosed is very small and may not automatically become available to a large number of people unless a particular case attracted substantial media attention. Information could also be made accessible through websites but most government websites provide very little useful information. Similarly, the archives are not properly maintained and updated and, hence, it is difficult to even access old records. All of this is, partly or wholly, because of the absence of a comprehensive policy that recognises the right to information as a fundamental human right and provides an efficient legislative and institutional framework for its implementation.

The Constitution of Pakistan does not explicitly talk of right to information. However, the Supreme Court of Pakistan has interpreted Article 19 of the Constitution, which is about freedom of speech and expression, to be inclusive of right to information as well.4 Despite this, the Government of Pakistan preferred not to refer to it as a constitutional right in the Freedom of Information Ordinance (FOIO) 2002 which is currently in force. The Government of Pakistan has notified the required rules (i.e. Freedom of Information Rules 2004) for its implementation. Following this, about forty ministries have designated officers, who are responsible to deal with information requests. However, the FOIO 2002 is extremely flawed, and offers little help in changing the culture of secrecy in government.

The Government of Pakistan needs to take urgent steps to provide a compressive legislative and institutional framework for maximum access to information. This must conform to the international best practices including: maximum disclosure; obligation to publish; promotion of open government; limited scope of exceptions; minimum costs; processes that facilitate access; open meetings; precedence of disclosure; and protection of whistleblowers. The FOIO 2002 does not conform to any of these best practices. It is applicable only to the federal departments and, hence, leaves out of its scope the provincial and local departments as well as private organisations including the ones funded by the government. It does not provide a comprehensive definition of information or records; nor does it provide an efficient mechanism for its implementation and handling complaints. It puts very limited demands on the government departments to proactively disclose maximum information through publications, notice boards and websites. Most importantly, it includes too many exceptions and restrictions, which leaves only a few records as accessible.

The decades’ old culture of secrecy, as practised by government officials, combined with repeated military interventions that caused the weakening of civil society movements from student unions to trade and labour associations have had a multiplier effect to frustrate and downcast public. Consequently, people in Pakistan are suffering from an acute indifference and apathy, and believe that their voice and participation makes little impact on the way government functions. This is evident from the absence of any vibrant social movements as well as the weak membership base of civil society organisations and political parties. Against this background, people are neither substantially aware, nor are involved in the law-making processes that have direct implications for their rights. Not many people are even aware of the FOIO 2002, and even fewer have used it to address the problems they are often faced with. Since it came as an Ordinance, it has never been debated in the Parliament, which partly explains its lack of ownership by any political party.

The FOI Rules 2004 have imposed further restrictions on public access to information by prescribing an inappropriate information request format and higher fee and photocopying charges. The designated officers, who have been assigned responsibility of processing publics’ information requests, are insensitive to the importance of the same due to decades long legacy of a secretive culture as inherited from the colonial rule. In this context, civil society organisations, like the Centre for Peace and Development Initiatives, Pakistan (CPDI-Pakistan), are working hard to sensitise civil society about the importance of this law and advocating with the Government to bring about changes in the FOI Rules that would help facilitate access. These efforts have contributed to a number of parliamentary initiatives aimed at improving the existing legislation in line with international best practices, as well as the positive response of the Cabinet Division for revising the FOI Rules and capacity building of designated officials. Most importantly, more and more people are gradually becoming aware of its importance, and are joining hands to benefit from the existing laws and demand its improvement.

A comprehensive policy on right to access information is a pre-requisite for transparent and accountable governance. It is also crucial for creating an ‘information-endowed’ society in Pakistan, which is a hallmark of established democracies and developed economies. In such an endeavor, information technologies can help as an enabling tool but it is possible only when the Government is willing and able to make a critical shift from the culture of secrecy to proactive information disclosure and maximum access to government information as a matter of fundamental human right. Such a shift, however, is unlikely to become a reality in the absence of a more strengthened civil society initiatives aimed at public awareness, advocacy and lobbying with all stakeholders.