We need to know

If one just looks at Pakistan’s laws and legislation without factoring in how well they are implemented, the country would come across as among the most progressive in the world. Gender equality, protection of minorities, freedom of expression, right to education, health, safety and justice are all enshrined at the legal level. And yet, the country somehow manages to perform appallingly in all these areas due to lax or, in some cases, a total lack of implementation of what is on the books. This includes, of course, the right to information. A Free and Fair Election Network (Fafen) policy brief released a few days back, titled ‘Strengthening the Right to Information (RTI) in Pakistan’, acknowledges Pakistan’s legislative advancements since 2002, including constitutional recognition of RTI as a fundamental right in 2010, and subsequent federal and provincial laws, when it comes to promoting government transparency and the citizenry’s access to information. However, the Fafen brief emphasises that while Pakistan’s RTI framework is recognised as one of the most progressive, institutional inertia, ambiguous legal provisions, and weak enforcement mechanisms have disallowed the translation of the law’s objectives into government transparency.

Fafen has reportedly already conducted an assessment of the websites of federal ministries and divisions, and found a low level of compliance with the provisions of the RTI Act, 2017. Similar assessments are ongoing for provincial departments and the results are likely to be very similar. While the decentralisation of state functions via the 18th Amendment ought to have brought greater transparency along with autonomy, this does not appear to have been the case. Both the federal and provincial governments remain as inscrutable as ever and what information does filter down to the people is often years after-the-fact and that too incomplete. The absence of timely and accurate information about state decisions and actions not only breeds mistrust and lack of awareness among citizens but creates a vacuum that is subsequently filled by lies and conspiracies – breeding destabilising misinformation and disinformation.

In this context, Fafen has urged the government to consider comprehensive legal reforms to strengthen the implementation of the Right of Access to Information Act, 2017. Crucially, Fafen’s assessment sees much to be gained from giving the Pakistan Information Commission (PIC) a more empowered role. That certainly makes sense when it comes to making public bodies more transparent. But, it remains unclear how even a more powerful PIC will avoid the ‘only on paper’ curse that plagues Pakistan. The country’s institutions are not exactly novices when it comes to stalling even powerful and independent accountability bodies and measures – though this is a problem we will likely not have to worry about. Given the state’s current disposition towards freedom of information, which the latest Peca amendments give a very clear illustration of, an empowered and independent PIC seems to remain a distant prospect. This means Pakistan’s lack of transparency and its associated problems will have to do more damage to the country’s well-being before we can expect those in charge to realise that the people knowing exactly what is going on is actually a good thing.