AYESHA MALIK FAZAL RAHEEM WHAT ARE RIGHTS? RIGHTS ARE FUNDAMENTAL NORMATIVE RULES RULES ABOUT WHAT IS ALLOWED OR WHAT IS OWED TO PEOPLE
RIGHTS ARE NOT ABSOLUTE !
DOES EVERY CITIZEN HAVE THE RIGHT TO KNOW ?
The Answer: Article 19A in Constitution of Pakistan
WHAT IS RTI? CHRONOLOGICAL BACKGROUND • 1990: FIRST ATTEMPT WAS MADE BY PROFESSOR KHURSHID AHMAD, SENATOR JI. • 1994: SENATOR MALIK QASIM, MADE THE SECOND ATTEMPT IN 1994. • 1997: FIRST FOI LEGISLATION, AN ORDINANCE IS ENACTED BY MALIK MAIRAJ KHALID. • 2000: FEDERAL MINISTER JAVED JABBAR MADE PUBLIC A DRAFT FOI BILL. • 2002: GEN. PERVEZ MUSHARRAF PROMULGATES THE FOI ORDINANCE. • 2004: FEDERAL FOI RULES & REGULATIONS, 2004. • 2005: BALOCHISTAN FREEDOM OF INFORMATION ACT, 2005. • 2006: SINDH FREEDOM OF INFORMATION ACT, 2006. (22-12-2006) • 2007: BALOCHISTAN FOI RULES & REGULATIONS, 2007. • 2008: SHERRY REHMAN’S RTI BILL. • 2010: ARTICLE-19A IS INSERTED IN THE CONSTITUTION, THROUGH THE 18 TH AMENDMENT AND RIGHT TO INFORMATION IS ACKNOWLEGED AS THE FUNDAMENTAL CONSTITUTIONAL RIGHT • 2013: KP RIGHT TO INFORMATION ACT, 2013 AND PUNJAB TRANSPARENCY AND RIGHT TO INFORMATION ACT,2013 • 2013: SAHIBZADA MUHAMMAD KHALID APPOINTED AS THE KP CIC • 2014: J: MAZHAR MINHAS AS PUNJAB CIC, AHMED RAZA & MUKHTAR AHMED AS IC. • 2015: PUNJAB TRANSPARENCY & RIGHT TO INFORMATION RULES, 2014. • 2015: KP RIGHT TO INFORMATION AMENDMENT BILL, 2015. • 2017: RIGHT OF ACCESS TO INFORMATION BILL PASSED BY THE NATIONAL ASSEMBLY LEGISLATIONS IN PAKISTAN • THE FEDERAL FREEDOM OF INFORMATION ORDINANCE, 2002 • FEDERAL FREEDOM OF INFORMATION RULES, 2004 • BALOCHISTAN FREEDOM OF INFORMATION ACT, 2005 • BALOCHISTAN FREEDOM OF INFORMATION RULES, 2007 • SINDH FREEDOM OF INFORMATION ACT, 2006 • ARTICLE 19A OF THE CONSTITUTION OF PAKISTAN (2010) • KP RIGHT TO INFORMATION ACT, 2013 • THE PUNJAB TRANSPARENCY AND RTI ACT, 2013. • THE PUNJAB TRANSPARENCY AND RTI RULES, 2014. • SINDH LOCAL GOVERNMENT ACT, 2013 THE WHO WHOM WHAT AND HOW OF RTI WHO CITIZEN OF PAKISTAN WHOM YOU CAN ASK FOR INFORMATION FROM ANY PUBLIC BODY. A PUBLIC BODY IS
(i) ANY MINISTRY, DIVISION OR DEPARTMENT OF THE FEDERAL
OR PROVINCIAL GOVERNMENT. (ii) ANY FEDERAL OR PROVINCIAL LEGISLATURE. (iii) ANY OFFICE OF ANY BOARD, COMMISSION, COUNCIL, MUNICIPAL OR LOCAL AUTHORITY ESTABLISHED BY OR UNDER A FEDERAL OR PROVINCIAL GOVERNMENT. (iv) ANY FEDERAL OR PROVINCIAL COURT OR TRIBUNAL. WHAT YOU CAN ASK FOR ANY INFORMATION EXCEPT FOR THE CATEGORY DEFINED AS ‘EXEMPT FROM DISCLOSURE’ PUBLIC RECORDS (a) POLICIES AND GUIDELINES; (b) TRANSACTIONS OF A PUBLIC BODY; (c) GRANT OF LICENCES, ALLOTMENT, BENEFIT, PRIVILEGES, CONTRACTS AND AGREEMENTS BY A PUBLIC BODY; (d) FINAL ORDERS AND DECISIONS RELATING TO MEMBERS OF PUBLIC; AND (e) ANY RECORD NOTIFIED BY THE GOVERNMENT AS PUBLIC RECORD. SOME QUESTIONS THAT CAN BE ASKED UNDER RTI • WHAT IS THE BUDGET OF A DEPARTMENT AND HOW AND WHERE IS IT BEING SPENT ? • HOW MANY GOVERNMENT SCHOOLS / HOSPITALS, ETC. ARE CLOSED AND WHY? • WHO ALL RECEIVED GOVERNMENT CONTRACTS, FOR WHAT AMOUNT AND ON WHAT GROUNDS? • PERKS, TRAVEL, CARS, HOUSE RENTS, FOREIGN VISITS, OFFICE, ENTERTAINMENT, ADVERTISEMENTS, ETC ? • WHAT IS THE CRIME RATE FOR EACH POLICE STATION, CASES PENDING IN COURTS, CASES OF VIOLENCE AGAINST WOMEN ETC. ‘EXEMPT FROM DISCLOSURE’ • NOTING ON THE FILES, MINUTES OF MEETINGS. • RECORDS OF BANKING AND FINANCIAL INSTITUTIONS RELATING TO THE ACCOUNTS OF THEIR CUSTOMERS. • PERSONAL PRIVACY OF ANY INDIVIDUAL. • RECORD RELATING TO DEFENCE FORCES, DEFENCE INSTALLATIONS OR CONNECTED OR ANCILLARY TO DEFENCE AND NATIONAL SECURITY. • MAY CAUSE SIGNIFICANT DAMAGE TO THE INTERESTS OF PAKISTAN IN THE CONDUCT OF INTERNATIONAL RELATIONS. • MAY CAUSE HARM TO THE ENFORCEMENT OF LAW. • MAY REVEAL THE IDENTITY OF A CONFIDENTIAL SOURCE OF INFORMATION. • MAY FACILITATE AN ESCAPE FROM LEGAL CUSTODY. • MAY CAUSE DAMAGE TO THE FINANCIAL OR COMMERCIAL INTERESTS OF THE PUBLIC BODY BY GIVING UNREASONABLE ADVANTAGE TO ANY PERSON IN RELATION TO A CONTRACT. • ANY RECORD WHICH THE GOVERNMENT MAY DECLARE AS EXEMPT. • ANY RECORD THAT THE GOVERNMENT MAY DECLARE AS CLASSIFIED UNDER THE OFFICIAL SECRETS ACT, 1923. • HOW? ANY CITIZEN CAN SEEK ANY INFORMATION OR RECORD FROM ANY PUBLIC BODY (EXCEPT FOR INFORMATION CATEGORIZED BY LAW AS ‘EXEMPT FROM DISCLOSURE’). • EVERY PUBLIC BODY WILL DESIGNATE AN OFFICIAL CALLED “PUBLIC INFORMATION OFFICER” OR THE PERSON IN CHARGE TO PROVIDE TRUE AND EASY PUBLIC ACCESS TO INFORMATION OR RECORDS. • THE PUBLIC INFORMATION OFFICER SHALL EITHER PROVIDE THE ATTESTED INFORMATION / RECORD WITHIN 14 DAYS OF THE RECEIPT OF REQUEST, OR IF THE INFORMATION CANNOT BE PROVIDED FOR ANY REASON, THE PUBLIC INFORMATION OFFICER SHALL RECORD HIS/HER DECISION IN WRITING AND THE APPLICANT SHALL BE INFORMED WITHIN 14 DAYS . APPEAL PROCESS • FIRST APPELLATE BODY: IN CASE THE REQUISITE INFORMATION IS NOT PROVIDED BY THE DESIGNATED OFFICIAL WITHIN 14 DAYS, THE APPLICANT MAY FILE A COMPLAINT WITH THE HEAD OF THAT PUBLIC BODY WHO SHALL DISPOSE OF THE COMPLAINT WITHIN 30 DAYS OF ITS RECEIPT. • SECOND APPELLATE BODY: IF THE HEAD OF THE PUBLIC BODY ALSO FAILS TO DECIDE ON THE APPEAL WITHIN 30 DAYS, THE COMPLAINANT CAN FILE AN APPEAL WITH THE FEDERAL / PROVINCIAL / TAX OR BANKING OMBUDSMAN (MOHTASIB) AS THE CASE MAY BE. THE OMBUDSMAN HAS 60 DAYS TO DECIDE ON THE COMPLIANT. • THIRD APPELLATE BODY: IF THE OMBUDSMAN REJECTS THE COMPLAINT, THE APPLICANT CAN APPEAL TO THE PRESIDENT OF PAKISTAN (FEDERAL MATTERS) OR TO THE GOVERNOR (PROVINCIAL MATTERS). THERE IS NO TIME LIMIT FOR THE PRESIDENT / GOVERNOR TO DECIDE THE CASE. HOW TO FILE AN RTI? • SEND YOUR APPLICATION TO DESIGNATED PUBLIC INFORMATION OFFICER OF THE FEDERAL PUBLIC BODY. IF THE FEDERAL PUBLIC BODY HAS NOT DESIGNATED PUBLIC INFORMATION OFFICER, SEND YOUR INFORMATION REQUEST TO THE HEAD OF THE PUBLIC BODY. • SEND YOUR INFORMATION REQUEST THROUGH REGISTERED POST. • KEEP COPY OF YOUR REQUEST FOR INFORMATION AND THE RECEIPT OF THE REGISTERED POST FOR YOUR RECORD AND FUTURE REFERENCE. • REQUESTED INFORMATION SHOULD BE PROVIDED TO YOU WITHIN 10 WORKING DAYS. • IF THE FEDERAL PUBLIC BODY FINDS IT DIFFICULT TO COLLECT THE INFORMATION, IT MAY TAKE EXTRA 10 WORKING DAYS. • IF THE REQUESTED INFORMATION PERTAINS TO PROTECTING LIFE AND LIBERTY OF AN INDIVIDUAL, IT SHOULD BE PROVIDED WITHIN THREE WORKING DAYS. WHAT TO DO IF INFORMATION IS NOT RECEIVED? • LODGE AN APPEAL WITH THE PAKISTAN INFORMATION COMMISSION ON A PLAIN PAPER • (ATTACH COPY OF YOUR APPLICATION, COPY OF THE LETTER FROM PUBLIC INFORMATION OFFICER, (IF ANY), AND THE RECEIPT OF THE REGISTERED POST WITH YOUR COMPLAINT) • THE PAKISTAN INFORMATION COMMISSION WILL DECIDE ON YOUR COMPLAINT WITHIN 60 DAYS. ADDRESS OF PAKISTAN INFORMATION COMMISSION
CHIEF INFORMATION COMMISSIONER
PAKISTAN INFORMATION COMMISSION 1ST FLOOR, NATIONAL ARCADE, A4 PLAZA, NEAR PSO F-8 MARKAZ, ISLAMABAD PHONE: 051-9261013, 051-9261014