RTI in South Asia: An Overview

1. RTI in South Asia: An Overview By Mukhtar Ahmad Ali “Where secrecy and mystery begins, vice or roguery is not far off.” Dr. Samuel Johnson

2. RTI in South Asia • Pakistan - Freedom of Information Ordinance 2002; • India – Right to Information Act 2005; • Bangladesh – Right to Information Ordinance, 2008.

3. Pakistani Context (1) • Article 19 of Constitution of Pakistan: • “Right to Information is concomitant and prerequisite to Freedom of Speech.” Supreme Court of Pakistan • Freedom of Information Ordinance 1997: • Introduced by the caretaker government; lapsed after 4 months as Mr. Nawaz Sharif’s government did not own it. • Local Government Ordinance 2001: • (Introduced by Gen. Musharraf; included significant provisions about RTI)

4. Pakistani Context (2) • Freedom of Information Ordinance 2002: • (Introduced by military government; As a policy action agreed with ADB) • Provincial Laws: Sindh and Balochistan; • No FOI legislation yet in Punjab or NWFP; • Commitment by the PPP led coalition government to introduce new FOI law.

5. FOI Ordinance 2002 (1) • Covers the Federal public bodies including courts and the Parliament; • Classifies info/ records in 3 categories i.e. public records, excluded and exempted; • Each public body to designate officers to deal with info requests; • Disposal of info request within 21 days; • Complaints to be made to Ombudsman;

6. FOI Ordinance 2002 (2) • Exemptions: • Noting on files; • Minutes of meetings; • Intermediary opinions; • Records declared as classified; • Private/ personal information.

7. Local Govt. Ordinance, 2001 Section 42(7) The meeting of Zila Council shall be open to public unless the Council by resolution decides to hold any meeting in camera. Section 54 (1) The functions and powers of the Tehsil Municipal Administration shall be to -- (b) seek approval of the Tehsil Council to the plans prepared after due process of dissemination and public inquiry (k) maintain, with the assistance of District Government, Union and Village Councils, a comprehensive data base and information system for Tehsil Municipal Administration and provide public access to it on nominal charges. (u) maintain municipal records and archives.

8. Section 54 (2) The Tehsil Municipal Administration may,-- • assign or contract out any of its functions to any public-private, public or private organization but after inviting public objections Section 57 The functions of Tehsil Nazim shall be:-- • to present a report in person on the performance to • the Tehsil Council at least once in six months. Section 76 The functions Union Administration shall be:-- • to collect and maintain statistical information for socio-economic survey. (i) to disseminate information on the matters of public interest. Section 114 (4) A statement of monthly and annual accounts and such other necessary statements shall be placed at a conspicuous place by the local government concerned for public information.

9. Section 137 • Every citizen shall have the right to information about any office of the District Government, Tehsil Muncipal Administration and Union Administration. • Every office shall provide requisite information, if not restricted • under any law for the time being in force, on the prescribed forms and on payment of such fee as may be prescribed. • Information about the staffing and the performance of the office of a local • government during the preceding month shall be displayed at a prominent place for access by citizens.

10. Experience So Far • No political party ownership; • Limited use of laws – although proved successful in many cases; • Little confidence that the existing laws can help; • Limited civil society capacity/ focus on RTI/ FOI; • Overall distrust in laws/ courts ability to deliver. • All provinces not covered yet; • Rules to implement RTI provisions of LGO 2001 not notified yet; • Information request procedure under FOI 2002 is difficult; • Limited role of Ombudsman office; • Use of informal sources considered more efficient.

11. Thank You