As political parties start afresh and the world celebrates 3^rd International Day of Access to Information on September 28, it is an opportune time to see how political parties can use the available legal instruments to govern the country in an open and transparent manner in next five years. If democracy entails government of the people, by the people and for the people than public departments have to function in a transparent manner so that citizens could see how their resources will be put to use in next five years by political parties in power.

When PTI came into power in Khyber Pakhtunkhwa in 2013, it unleashed a process as a part of its governance reforms agenda that reshaped right to information legislative landscape in the country. Prior to 2013, Punjab and Khyber Pakhtunkhwa did not have any information law that allowed citizens and journalists to seek information as a right from their respective provincial governments.

Similarly, Balochistan and Sindh had enacted Balochistan Freedom of Information Act 2005 and Sindh Freedom of Information Act 2006 which were exact replicas of largely redundant and ineffective federal Freedom of Information Ordinance 2002. Once the PTI government enacted an effective right to information law in Khyber Pakhtunkhwa, it strengthened the demand for the enactment of effective right to information laws at federal and provincial levels.

The PML-N government in Punjab which had left right to information legislation on the back burner from 2008 to 2013 had no option but to follow the suit when the PTI government initiated the process of legislation on this vital fundamental right. For example, PTI promulgated Khyber Pakhtunkhwa Right to Information Ordinance 2013 on August 18, 2013 which was followed by the Punjab Transparency and Right to Information Ordinance 2013 on October 04, 2013. Similarly, when Khyber Pakhtunkhwa Assembly passed Khyber Pakhtunkhwa Right to Information Act 2013 on October 31, 2013, Punjab Assembly passed the Punjab Transparency and Right to Information Act 2013 on December 16, 2013.

Like its predecessor PPP, the PML-N-led federal government kept on dragging its feet on RTI law at the federal level on one pretext or the other but eventually repealed the Freedom of Information Ordinance 2002 and enacted the Right of Access to Information Act 2017 at the fag-end of its tenure on October 02, 2017. The PPP government which had been in the power in the province since 2008 eventually repealed Sindh Freedom of Information Act 2006 and enacted Sindh Transparency and Right to Information Act 2016 on March 13, 2017.

Other than Balochistan where existing law needs to be replaced with an effective one, the question is not that of legislation but that of implementation of right to information laws to ensure open and transparent functioning of federal and provincial governments. Will political parties use these legal instruments to ensure open and transparent functioning of public bodies or will the transparency principle continue to be sacrificed on the altar of parochial political compulsions at the expense of good governance?

Open and transparent functioning of federal and provincial governments, a pre-requisite for good governance, is only possible when there is free flow of information from public bodies to citizens. Such a free flow of information is consequential as it leads to accountability of elected representatives and public officials. That is why political parties find transparency to be an attractive proposition when in opposition and try to control and manage the flow of information when in power and shilly-shally with regard to the implementation of right to information laws.

The question arises whether political parties will take concrete steps to ensure accountability of their own elected representatives and public officials? The extent to which information flows from public bodies to citizens depends on two factors. One, the capacity of public bodies to fulfill their legal obligation of proactively sharing categories of information mentioned in a right to information law through websites. Such information, proactively shared through websites should not only be up-to-date but it has to be accessible for all including persons with disabilities. Obviously, it would require computerisation of public records, availability of computers and internet connectivity for all public bodies at all tiers of government. Two, provision of information to citizens and journalists on-demand on the topic of their own choosing within time-framework as mentioned in right to information law.

As is the case in many South Asian countries like Bangladesh, Sri Lanka, Nepal, India and many countries around the world, information commissions are established under right to information laws to ensure free flow of public information from government departments to citizens. If history is any guide, it is easier to carry out legislation on right to information but difficult to operationalise RTI laws.

For example, in Punjab the previous government did establish Punjab Information Commission, appointed first batch of information commissioners but rendered it virtually ineffective by not providing it requisite staff and required resources and took more than a year to appoint second batch of information commissioners. Similarly, the Sindh government appointed information commissioners closer to elections but has yet to establish Sindh Information Commission though Sindh RTI law was passed on March 13, 2017.

Will the federal government establish Pakistan Commission on Access to Information and commit requisite funds for its proper functioning? Will PTI appoint well-reputed information commissioners through transparent manner or these posts be given to those having political ties with PTI? Will the Punjab government provide requisite staff and resources to Punjab Information Commission or will Punjab information commissioners continue working without staff and resources?

If transparent functioning of federal public bodies is to be ensured, PTI will have to show political will and persistently pull bureaucratic levers to establish information commission at the federal level and to provide staff and resources to Punjab Information Commission. Similarly, PPP in Sindh will have to give primacy to governance reforms and establish effective Sindh Information Commission.

Hopefully, Balochistan Awami Party will understand that open and transparent functioning of Balochistan public bodies is in the best interest of the province and, like previous provincial governments, will not paddle security situation as a reason for not repealing ineffective Balochistan Freedom of Information Act 2005. In short, if government departments are our departments then they have to function in an open and transparent manner.