The forum consists of all in-service information commissioners from federal, Khyber Pakhtunkhwa, Punjab and Sindh. With regular meetings and learning from each other, the forum will make a joint effort for a transparent and accountable regime in Pakistan

The Centre for Peace and Development Initiatives (CPDI), a not-for-profit civil society organization, laid foundation of the national forum in Islamabad- a move that is being described as a historic achievement in the RTI (right to information) history of the country.

The two-day inaugural meeting of NFIC concluded on Friday, here in Islamabad. The meeting was attended by the information commissioners from Pakistan Information Commission (Federal), Punjab Information Commission, KP RTI Commission and Sindh Information Commission.

All the commissioners welcomed the idea of a joint forum of information commissioners in Pakistan and pledged to learn from each other’s experiences. The commissions shared their progress, success stories, issues, challenges faced while implementing RTI laws in their jurisdictions.

Several issues were also discussed including non-allocation of financial resources, lack of administrative support from government, delay in finalizing the working rules and subsequent shortage of staff, resistance in disclosing information and colonial mindset of public bodies etc.

At the end, all information commissioners agreed that culture of secrecy and colonial mindset was prevalent in Pakistan. Transparency, good governance with maximum disclosure and better service delivery can only achieved with the bona fide implementation of RTI laws in Pakistan.

A declaration was also signed by the commissioners where they pledged to ensure access to information in the service of people without any fear of favour.

Published in The Nation

A press release said the forum consists of all in-service information commissioners from federal, KP, Punjab and Sindh. With regular meetings and learning from each other, the forum will make a joint effort for a transparent and accountable regime in Pakistan.

The two-day inaugural meeting of the NFIC concluded on Friday, in Islamabad. It was attended by the Information Commissioners from Pakistan Information Commission (Federal), Punjab Information Commission, KP RTI Commission and Sindh Information Commission.

All the commissioners welcomed the idea of a joint forum of the information commissioners and pledged to learn from each other’s experiences.

The CPDI is an independent, non-partisan and a not-for-profit registered civil society organization working on the issues of development and peace in Pakistan.

Published in The News

The PML-N and PTI, both the ruling parties, preferred their own party members while reimbursing their medical bills, reveals the data received through Right of Access to Information Act 2017.

The analysis of the data reveals that during the PML-N regime, the ruling party MNAs were given priority as 23 out of 50 MNAs have been paid their medical bills from January 2017 to May 31, 2018. The PML-N government reimbursed a total of Rs57,682,440 (Rs57.68 million) to 50 MNAs from different parties for their medical treatment out of which Rs51,165,373 (Rs51.16 million) were given to its own 23 MNAs.

Similarly, following in the footstep of its predecessor, the PTI government is also favoring its own MNAs. The analysis of the data shows that from June 2018 till March 2019, the PTI-led government has reimbursed the medical bills of 33 MNAs worth Rs15,451,759 (Rs15.45 million). Out of the total Rs15.45 million, 12 MNAs of PTI have been reimbursed Rs8,767,534 (Rs8.76 million) whereas the remaining Rs6,684,225 had been given to 21 MNAs of different parties. The present government has also reimbursed Rs2,863,822 (Rs2.8 million) to six PML-N MNAs.

As per data, six MNAs of Pakistan Peoples’ Party (PPP) were reimbursed Rs2,155,521 (Rs2.15 million) during the last one and a half years of PML-N regime. Similarly, PTI government has reimbursed Rs103,781 to two PPP MNAs. Similarly, three JUI-F MNAs were reimbursed Rs1,662,774 (Rs1.66 million) during PML-N regime but no one from the party has been given any amount during the PTI government.

The analysis of the data further reveals that the amount spent on the members of the lower house during these two years is much higher than the amount spent on MNAs from 2008 to 2017. A total of 83 MNAs have reimbursed their medical bills from the National Assembly (NA) Secretariat during the last two years, the data reveals.

The data received from NA Secretariat on the RTI request filed by a citizen Moonus Kayinat Zahra reveals that a total of 27 MNAs got their medical bills worth Rs2128,9101 (Rs21.28 million) reimbursed from the NA Secretariat from January 2017 to December 2017. Similarly, 32 parliamentarians received Rs45,209,386 (Rs45.20 million) as medical reimbursement from the lower house secretariat. The data further reveals that 18 MNAs have received Rs6,629,658 (Rs6.62 million) from the NA Secretariat from January 2019 to March 2019.

According to the data, late Najaf Abbas Sial (PML-N) was reimbursed Rs30,086,256 (Rs30.08 million) in 2018 for his medical treatment. Sahibzada Muhammad Nazeer Sultan (PML-N) was the second highest who received Rs11,860,611 (Rs11.86 million) from the NA Secretariat for his medical treatment in 2017.

Third on the list of highest reimbursement is ex-MNA Mian Muhammad Farooq (PML-N) who received Rs5,417,110 (Rs5.41 million) during 2017 and 2018. In 2017, he received Rs3,415,110 and Rs2,002,000 in 2018. Similarly, sitting MNA Dr Haider Ali Khan (PTI) has received Rs4,717,668 (Rs4.71 million) from the NA Secretariat in 2019.

As per data, there are four other MNAs, who received more than one million rupees from the NA Secretariat for their medical bills reimbursement. The data shows that Pir Noor Muhammad Shah Jeelani (PPP) received Rs1,559,309 (Rs1.55 million) in 2018, Sardar Umar Farooq Khan, ex-MNA received Rs1,506,628 (Rs1.5 million) in 2018, Sher Ali Akbar (PTI) received Rs3,315,122 (Rs3.31 million) in 2018 and Ch Muhammad Ashraf (PML-N) received Rs1,360,415 (Rs1.36 million) in 2018. The remaining MNAs’ medical bills reimbursement is less than one million rupees.

Whereas there are a few MNAs whose medical bills amount is in thousands. Earlier, this correspondent had also filed an RTI request in 2017 and received the information from NA Secretariat about the total expenditure incurred on the medical treatment of parliamentarians from 2008 to 2017.

According to the data, this correspondent received in 2017, the NA Secretariat spent Rs64.38 million for the medical treatment of its member from 2008 to 2017. As per the documents provided by the NA Secretariat, out of the total amount spent on parliamentarians during the current and previous regime, a major chunk was spent during 2008 to 2013.

The parliamentarians spent Rs46.54 million for their medical treatment from public money during 2007-08 to 2012-13. Similarly during the 2013 to 2017, Rs17.85 million had been spent for MNA’s medical treatment.

Posted in The News

The FBR was requested to provide certified information under Right of Access to Information Act 2017 about total vacancies in the revenue board against different pay-scales (1-22), total number of daily-wagers, total number of female staff members, total number of persons with disabilities and total number of transgender persons. However, the FBR authorities refused to share the requisite information while invoking the exemption clause of the Act.

Upon refusal from FBR, complainant Mukhtar Ahmed Ali filed an appeal before the Federal Information Commission on May 06, 2019. According to Mr Mukhtar, he submitted an information request to the Chairman, Federal Board of Revenue, vide letter number RTI/info Req/2019/114 under the Right of Access to Information Act 2017 on April 10, 2019. However, on April 29, 2019, the FBR denied access to the requested information by quoting Section 16 (b) (iii) of the Act.

The Commission after hearing both sides, concluded that even a plain reading of the requested information shows that it belongs to the category of information which public bodies are legally bound to proactively disclose under Section 5 (a) of the Right of Access to Information Act 2017. The information which should have been proactively disclosed by the public body is being protected from sharing with a citizen in the name of ‘not revealing the identity of a confidential source of information’.

The Commission in its decision says, “The points under the consideration of the commission are, firstly, the request of access to information which should have been proactively disclosed through web site and the application of an exemption clause which is entirely irrelevant and misplaced for the denial of the access to the requested information. Secondly, the lack of preparation on the part of the Respondent as he did not submit before the commission record pertaining to the correspondence with his seniors seeking approval for providing requested information and the response of the officers in this regard.”

“Federal Board of Revenue, other than merely invoking an exemption clause of the Act, has not provided any arguments for withholding requested information from the citizen. The requested information can only be withheld from a citizen by invoking an exemption clause on justifiable grounds. The commission is of the view that mere referral to an exemption clause does not mean that a public body has acted in accordance with the provisions of the Right of Access to Information Act 2017”, reads the Commission’s decision.

The Commission further says, “While FBR has failed to provide any cogent arguments for withholding the requested information, benefits of bringing this information in the public domain are too obvious to be missed. The requested information may reveal whether or not FBR is properly staffed to carry out its functions and responsibilities. Whether or not job quota in a federal public body for persons with disabilities, minorities and residents of different provinces is being observed in letter and spirit, to mention just a couple of examples”.

“Public participation in the affairs of the government is key to good governance and citizens can have greater participation in the affairs of the government through the exercise of their right to information. Instead of denying access to the requested information by referring to an exemption clause without providing sound arguments, FBR is legally obligated to proactively share this information through its web site to ensure greater public participation in its functioning”, says the decision.

“It is incumbent upon the designated Public Information Officers to submit all the record before the commission at the time of hearing. Any correspondence seeking approval for sharing the requested information and the response thereof is important to determine the role played by officers in the process of deciding on the information requests and fixing responsibility in delaying or denying access to the requested information. As the buck needs to stop somewhere, the commission will fix responsibility on the Public Information Officer in case no communication pertaining to seeking approval is submitted before the commission”, reads the Commission’s decision.

The information sought by the complainant, through application dated 19/02/2019, is as follows:

a) Total sanctioned strength of staff members in your organization (category-wise) against different positions/ pay-scales i.e. from pay scale 1 to 22 (category-wise).

b) Total vacancies in your organization against different pay-scales/ positions (category-wise); and dates since which these positions have been lying vacant.

c) Number of staff members who are not regular but have been engaged on daily-wage basis or through short-term or long-term contracts against various positions/ pay-scales (category-wise).

d) Number and types of positions created anew since January 1, 2017.

e) Total number of female staff members (category-wise) against various positions/ pay-scales. The response may distinguish between the short-term/ temporary staff members and regular ones.

f) Total number of persons with disabilities working in your organization against various positions/ pay-scales (category-wise). The response may distinguish between the short-term/ temporary staff members and regular ones.

g) Total number of transgender persons working in your organization against various positions/ pay-scales (category-wise). The response may distinguish between the short-term/ temporary staff members and regular ones.

h) A certified copy of the latest approved Service Rules of your organization.

However, in response to the application, the FBR vide letter dated 29/04/2019 denied access to the requested information by stating as under: “I am directed to convey that your application has been examined by the competent authority and is of the view that the right to information under the Right of Access to Information Act 2017 is subject to regulation and reasonable restrictions imposed by law, whereas, the requisite information is exempt from disclosure under Section 16 (b) (iii) of the Right of Access to Information Act 2017 which states that: The information may be exempt if its disclosure is likely to -Reveal the identity of a confidential source of information”.

After hearing both the sides, the Commission directed the respondent (FBR) to provide the requested information to the Appellant at the earliest, but in any case, not later than 20 working days of the receipt of this order. Furthermore, the Respondent is directed to take immediate steps to proactively share through the web site all categories of information mentioned in Section 5 of the Right of Access to Information Act 2017 and submit the compliance report to the commission by 10/09/2019.

Posted in The News

Mr. Amer Ejaz, Executive Director CPDI said that KP, Punjab, Sindh and federal government has repealed weak RTI laws and replaced it with progressive RTI laws. The Government of Balochistan should now follow the suit and expedite legislation of effective RTI law. Citizens and journalists face innumerable problems in having access to government held information related to public matters. He added that Balochistan FOIA 2005 is not effective and doesn’t provide legitimate access to information held by public bodies.

Currently, Balochistan has the weakest RTI law in Pakistan because it has many flaws e.g. scope is restrictive, process of getting information under RTI is neither free nor easy, list of exempted information is longer than the disclose able information. Most importantly, citizens of Balochistan do not have an independent appellate forum like Punjab Information Commission and KP RTI Commission.  He further said that RTI Law is an instrument of change for bringing much needed transparency and accountability in the provincial governmental sphere.

Published in Balochistan Express

 Mr. Amer Ejaz, Executive Director CPDI said that KP, Punjab, Sindh and federal government has repealed weak RTI laws and replaced it with progressive RTI laws. The Government of Balochistan should now follow the suit and expedite legislation of effective RTI law. Citizens and journalists face innumerable problems in having access to government held information related to public matters. He added that Balochistan FOIA 2005 is not effective and doesn’t provide legitimate access to information held by public bodies.

 Currently, Balochistan has the weakest RTI law in Pakistan because it has many flaws e.g. scope is restrictive, process of getting information under RTI is neither free nor easy, list of exempted information is longer than the disclose able information. Most importantly, citizens of Balochistan do not have an independent appellate forum like Punjab Information Commission and KP RTI Commission.  He further said that RTI Law is an instrument of change for bringing much needed transparency and accountability in the provincial governmental sphere.

Published in The Balochistan Point

The study conducted by the Centre for Peace and Development Initiatives (CPDI) on the status of online proactive disclosure in federal ministries and institutions show poor web presence with insignificant proactive disclosure of the information related to public matters.

The previous PML-N-led federal government seemed to be least bothered to implement the RAI Act. It did not establish the Federal Information Commission even though it had enacted the law in the final month of its five-year term.

The PTI government has established the Federal Information Commission and also appointed an able team of commissioners to make it functional.

However, the culture of secrecy is still prevailed at all the federal departments and institutions, which are not adequately facilitating the information seekers.

The common set of missing information is related to budget and expenditures, perks and privileges of officers, decision-making processes and investigation or inquiry reports.

The finding of the CPDI study shows that the compliance with proactive disclosure as laid down in the RAI Act, 2017 is very low in the public sector departments and institutions.

Moonus Zahra, programme coordinator of the CPDI, told The News that they had evaluated the online presence of federal ministries and institutions against the criteria set under Section 5 of RAI Act 2017.

Section 5 provides a set of information and documents that every government body is bound to disclose proactively in the larger public interest.

“We considered 30 websites as a sample and ranked them out of 90 points. Additionally, we also evaluated the status of online proactive disclosure in Punjab, Khyber Pakhtunkhwa and Sindh; whereas the Balochistan Freedom of Information Act 2005 lacks provisions on proactive disclosure of information by government departments,” she informed.

Mentioning major findings of the study, the CPDI official stated that the Ministry of Finance was at the top with 61 percent of online proactive disclosure. She said the second, third and fourth positions were secured by the National Accountability Bureau (NAB) with 57 percent, Cabinet Division 56 percent, Ministry of Inter-Provincial Coordination 54 percent and Ministry of National Food Security 52 percent, respectively.

On the scale of online proactive disclosure, Ministry of Information and Broadcasting was at 46 percent and proactive disclosure of the information by the Ministry of Human Rights came to 32 percent. The National Assembly is also reported to have only 33 percent of proactive disclosures.

The lowest ranking websites on proactive disclosure measure include Ministry of Communication with three percent and Prime Minister Secretariat with eight percent. The Ministry of Railways has disclosed 10 percent of its data online.

The common set of missing information is related to budget and expenditures, perks and privileges of officers, decision-making processes and investigation or inquiry reports.

In entirety, the federal ministries and institutions have performed poorly in complying with the proactive disclosure clause of RAI Act, 2017.

Amer Ejaz, Executive Director, CPDI, hoped with the Federal Information Commission in place the operative measures would be ensured for the implementation of the RAI Act and proactive disclosure of information. He said that institutional transparency and proactive disclosure was the final frontier of the Right to Information movement.

Published in The News