GOVERNANCE: RIGHT OF REFUSAL

The right to information (RTI) in Pakistan is enshrined as a fundamental right under Article 19-A of the Constitution, designed to empower citizens with access to government-held information. But like many other fundamental rights in the country, it remains largely unfulfilled.
Despite the legal framework in place, the enforcement of RTI laws is hampered by inadequate implementation, under-resourced commissions and a lack of public awareness, leaving citizens in the dark.
The journey of RTI in Pakistan began with the Freedom of Information Ordinance in 2002, marking the country’s first attempt to legislate transparency. Although a step in the right direction, this law was widely criticised for its ineffectiveness.
Over the years, Pakistan made strides in strengthening its RTI laws. The 18th Amendment in 2010 was a turning point, introducing Article 19-A. This was followed by significant legislative efforts at both the federal and provincial levels.
In 2013, Punjab and Khyber Pakhtunkhwa (KP) passed robust RTI laws, setting a new standard for transparency. Sindh followed suit in 2017 and Balochistan in 2021, each adopting stronger laws to replace their earlier, weaker versions. This included the establishment of information commissions in each province, except Balochistan, and at the federal level, to decide on complaints over RTI and to expedite the process.
EMPTY SLOTS
While the legislation paints a promising picture, the reality on the ground is starkly different.
The Khyber Pakhtunkhwa Information Commission has been operating with only one commissioner since July 2022, and the posts of two information commissioners remain vacant. Similarly, the federal Pakistan Information Commission (PIC) has been without a civil society representative since January.
The situation in Sindh is equally grim, where a key position has been vacant since one of the two information commissioners was elected to the Sindh Assembly. Punjab is no exception; the position of chief information commissioner has been vacant since the retirement of Mahboob Qadir Shah in May.
For Mukhtar Ahmed Ali, who has previously served as an information commissioner in Punjab and is currently the executive director of the Centre for Peace and Development Studies in Islamabad, the lack of timely and merit-based appointments in the commission is a major issue.
“This not only undermines the law, but also erodes public confidence in the system,” Ali tells Eos.
ENTER THE LABYRINTH
The process of attempting to obtain information through an RTI request can be frustrating.
Weeks after the general election of 2024, I filed an RTI request with the Pakistan Telecommunication Authority (PTA). The request sought details on who gave the order to shut down mobile networks on February 8, the day of the election.
In response, the PTA redirected me to the Ministry of Interior, claiming the matter fell under their jurisdiction. On March 8, the same information request was sent to the interior ministry, but it went unanswered.
As a result, I filed an appeal with the PIC. On July 10, the commission dismissed the appeal, saying that the requested information had been classified as “sensitive”, due to “national security concerns.” The commission’s decision failed to provide any reference to relevant legal sections for turning down the request. Furthermore, no notification from the interior minister declaring the information as sensitive was shared.
On July 23, I submitted written objections to the PIC, requesting a review of the decision or issuance of a detailed order, explaining the legal sections. To date, the commission has neither issued a detailed decision nor responded to the objections raised.
Under Section 7(f) of the RTI Act, 2017, the federal minister must provide reasons for exempting information and explain how it could pose a threat to national security rather than serving the public interest. This provision clarifies that information cannot be exempted merely by issuing a notification.
NO RECOURSE AGAINST REFUSAL
Muhammad Awais, a resident of Islamabad, also faced similar challenges. Awais had filed a request with the Senate Secretariat, seeking copies of the minutes of a meeting of the Senate standing committee on energy. However, the PIC dismissed his appeal as well, declaring the requested information as classified.
“Like other laws in Pakistan, RTI laws also lack implementation, and practising these laws for public interest matters or research is just a waste of time,” a frustrated Awais tells Eos. He says that three further appeals he filed to the PIC were also dismissed “without any solid legal grounds.”
Another critical issue is the lack of an effective appeals process. Citizens dissatisfied with the decisions of the information commissions have no choice but to take their cases to the high courts, further burdening an already overstretched judiciary.
Aftab Alam, a prominent RTI advocate, stresses that, for RTI to work, citizens must actively use the law. “Currently, the number of appeals filed annually in the four commissions do not exceed 50,000 — a minuscule figure compared to neighbouring countries,” he tells Eos.
Alam also highlights the role of civil society in holding the commissions accountable. “Citizens must challenge restrictive interpretations of RTI laws by the commissions and courts,” he continues. “Without public pressure, the commissions will continue to operate in a state of paralysis, and the fundamental right to information will remain a distant dream.”
A CRIPPLED AND COMPROMISED SYSTEM
But the challenges facing the information commissions are not just about vacant positions.
Saddat Jahan, the spokesperson for the KP Information Commission, outlines several structural issues: “The budget allocated in 2021 has not been increased despite rising operational costs, and we lack adequate manpower to handle the influx of complaints,” he tells Eos.
The KP commission’s complaints statistics tell a troubling story. In January 2024 alone, over 3,700 complaints were filed, with around 500 still pending. The flood of complaints, often filed by just a few individuals, has overwhelmed the commission’s limited staff, leading to delays in resolving cases.
Fawad Malik, a former information commissioner at the PIC, tells Eos that the commission faced numerous challenges initially, primarily related to resource constraints. However, as the commission began its work, it grew stronger and made several landmark decisions, including the Tosha Khana case and a ruling against the Islamabad Club.
“Despite these achievements, government attempts to influence the commission persist,” he says. He says public bodies often fail to comply with the commission’s orders. “Even Supreme Court decisions are often not implemented, leaving other departments in a similarly difficult position,” he points out.
Last year, information requests were filed to more than 15 provincial departments in Sindh, with no response from 13 departments. Complaints were lodged to the Sindh Information Commission (SIC), which issued detailed decisions on all complaints within 15 days, ordering the departments to provide the requested information within 10 days. Despite this, no department has complied, and the SIC has taken no action to enforce its decisions.
On January 29 of this year, I requested the SIC, via email, to take action to implement its decisions, but like the PIC, the commission in Sindh has remained silent. These incidents highlight the growing challenges in enforcing the RTI Act, 2017, and ensuring transparency and accountability in Pakistan’s public bodies.
The promise of RTI in Pakistan is being stifled by the very institutions meant to uphold it. The information commissions, which should be the pillars of transparency, are instead becoming obstacles due to mismanagement, underfunding and political neglect.
The writer is an investigative journalist and RTI activist.
X: @saddiamazhar
Published in Dawn, EOS, September 29th, 2024