15.09.2013 My right to know
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 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 grassroot 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 gulbazali@gmail.com