As part of its ‘Countering Disinformation through Information’ campaign, the Free and Fair Election Network (Fafen) has called for reforms to address gaps in the implementation of the Punjab Transparency and Right to Information Act (PTRIA) 2013 and urged close collaboration among the provincial assembly of Punjab, Punjab Information Commission and civil society to transform the PTRIA’s promise into practice. According to Fafen, despite its progressive provisions and steady progress in right-to-information implementation in Punjab, the PTRIA still faces implementation challenges, forcing judicial interventions to enforce citizens’ right to information. Some of the main gaps identified in the policy brief include limited awareness among public bodies of their obligations under the PTRIA, unclear legal provisions about digital disclosures, lack of safety and privacy provisions for RTI applicants and discretionary governmental controls on the Punjab Information Commission, the main body tasked with implementing the PTRIA. What all this means is that progress in advancing citizens’ right to information and transparency in governance is not what it could be were the law being implemented according to the letter. The Fafen assessment covered over 250 Punjab government websites and revealed that public bodies proactively disclosed only around 52 per cent of legally mandated information. The other 48 per cent remains in the dark despite being legally mandated.
Even more worryingly, over 80 per cent of the 250 public bodies covered by FAFEN were not even aware of the fact that they had to come up with annual reports about their compliance with the requirements of PTRIA. The selection of information commissioners is also completely controlled by the provincial government, the same government the PTRIA is supposed to hold accountable. Also, how are so many public bodies still unaware of their responsibilities under the act? And while Fafen acknowledges that the PTRIA 2013 is generally considered a strong law, with provisions matching the globally recognised RTI standards, the act itself might require some refining. The PTRIA falls short of mandating or prioritising the dissemination of information through official websites, even though this is how most people now access information about what public authorities are doing. The Punjab Transparency and Right to Information Rules of 2014 also do little to clarify the mode of proactive disclosure, leaving public bodies uncertain about what information must be made public and how.
This is not an attempt to castigate the Punjab government which deserves full credit for taking on the challenge of implementing such a progressive law. And, considering that this is the province that usually sets the standard when it comes to provincial administration, it is highly likely that other provinces and the federal government are facing similar challenges when bridging RTI theory and practice. The Fafen report has a list of improvements that goes into great detail about what ought to be done. However, it is quite unlikely that these suggestions have not been considered in the 12 years the act has been around. How could something as blindingly obvious as the lack of independence of the Punjab Information Commission or the ambiguity surrounding digital disclosures be ignored for over a decade? Sometimes, the greatest implementation challenge in Pakistan can be the lack of will to do what was promised and what the law requires.