RTI and role of public bodies in fostering transparent governance
Pakistan
RTI and role of public bodies in fostering transparent governance
By Humaira Afzal
Sept 28 marks the International Day for Universal Access to Information. In keeping with the significance of the day, let’s understand what the law is all about and how it can help improve governance and state of affairs in several spheres.
What is RTI?
The concept of Right to Information pertains to the fundamental right of citizens to access information held by public bodies or government organisations. This right is a cornerstone of transparency, accountability, and good governance in civilised states.
Public bodies are responsible for the implementation of government policies, the provision of public services, the allocation of public resources, and the execution of laws and regulations. They encompass a wide range of entities, including ministries, departments, municipalities, educational institutions, healthcare facilities, law-enforcement agencies, and courts.
Public bodies and the Right to Information (RTI) are closely intertwined in the context of democratic governance.
RTI guarantees citizens the right to access information held by public bodies, subject to certain limitations and exceptions defined by law. Public bodies are held accountable for their actions and decisions when citizens can scrutinise their operations through the RTI.
This accountability reduces the likelihood of corruption and abuse of power. RTI enables citizens to actively participate in the democratic process, as informed individuals are better equipped to make decisions and engage with their government.
RTI in various countries
The implementation of the Right to Information is governed by legal frameworks in each country. These frameworks outline the procedures, exemptions, and mechanisms for requesting and accessing information. Many countries have enacted specific RTI laws, while others have integrated RTI provisions into their broader legal systems.
In India, The Right to Information Act, 2005, is a comprehensive legislation. Likewise, The Freedom of Information Act (FOIA) is a federal law in the United States that grants citizens the right to access government records and information. Each state in USA also has its own public records laws.
The Freedom of Information Act 2000 provides citizens with the right to access information held by public authorities in the UK, including government departments, local authorities, and the National Health Service (NHS).
Status in Pakistan
In our country under Article 19A of the Constitution of Islamic Republic of Pakistan a federal law has been promulgated in 2017 while the provinces have already enacted their respective RTI laws.
In Punjab and KP, the right to information and transparency Act 2013 are in field. RTI ACT 2016 has been promulgated in Sindh.
However, The Balochistan Right to Information Act was passed by the provincial assembly on Feb 1, 2021, and received the assent of the governor of Balochistan on Feb 15, 2021. The Act mandates the Balochistan government to appoint members of the Information Commission within 180 days of the commencement of the Act under Section 18(1).
Despite this legal obligation, it has been more than two years since the passage of this Act the members of the Commission have not been appointed. This delay is a violation of the law and undermines the purpose of the Balochistan Right to Information Act.
On the other hand, the Federal, Sindh and KP Information Commissions have been established and functional. In Punjab, a three-member commission is being led by Chief Commissioner Mr Mehboob Qadir Shah and Mr Shoukat Ali is also well performing his duties as Information Commissioner Punjab.
Practical implications
The practical implications of Right to Information (RTI) laws on public bodies are extensive. Public bodies are required to proactively disclose information, maintain updated records, and respond promptly to citizen requests, necessitating efficient resource allocation and personnel training.
RTI encourages transparency in decision-making while recognising exemptions for national security and privacy. Robust recordkeeping systems are essential, encompassing various forms of communication. Compliance involves budgeting for costs, including potential legal expenses.
Effective public relations are crucial too, as RTI fosters accountability and serves as a feedback mechanism, potentially impacting policy and decision-making. It also promotes best practices and legal compliance, ultimately enhancing public trust and perception of public bodies as transparent and accountable entities, vital for a healthy democratic society.
The legal frameworks surrounding RTI vary from country to country, but the core principles remain consistent in ensuring that governments remain responsive to the needs and interests of their constituents.
Impediments to law implementation
However, there are the practical hurdles and complexities public bodies encounter while complying with RTI laws, including resource constraints, privacy concerns, handling of sensitive information, and managing the increasing volume of requests.
It would be the need of the hour to develop strategies and best practices for overcoming these challenges while upholding transparency and accountability in governance.
