Freedom of expression key to good governance
ISLAMABAD – A discussion on ‘Freedom of Information’ was held in Islamabad the other day to generate dialogue between civil society and parliamentarians.
The programme was organized by the Center for Democracy and Development in collaboration with the Human Rights Commission of Pakistan. Different parliamentarians, political figures, and representatives of media including Farhatullah Babar, Mehnaz Rafi, Tariq Azeem, Kanwar Khalid Younis, Fozia Rahman, and others took part in the discussion.
Speaking at the seminar PPP-P Senator Farhatullah Babar said that Right to Information (RTI) is a fundamental human right. Good governance revolved around transparency, accountability and public participation and the right to information was essential for good governance.
He said that though the Freedom of Information Ordinance marked a beginning, the Ordinance suffered from several structural defects that needed to be removed.
The foremost defect in the ordinance he said was that it did not override other existing laws, which actually hampered the right to information adding that even the marginal rights allowed in the Ordinance could be denied by invoking the provisions of other laws.
The PPP senator added that one such law was the outdated 1923 Officials Secrets Act under which any document marked as ‘classified’ or ‘confidential’ or ‘secret’ by a low-level government employee could be denied to the public.
He said that a section of the Act said that communication with foreign agents was a punishable offense. A person is presumed to have been in communication with a foreign agent if he has, either within or without Pakistan visited the address of a foreign agent or address of or any other information regarding a foreign agent has been found in his possession.
Farhatullah Babar said that a private member resolution had already been submitted in the Senate by PPP urging the government to ask the Justice and Law Commission to thoroughly review the outdated Officials Secret Act and make it in conformity with the changing realities.
He said that the free flow of information would continue to be blocked even after the Ordinance came into operation by invoking the so-called “national security.”
He said “national security” was being whimsical defined by people in authority to cover up their own failings and wrong doings and needed to be redefined. He said the even Parliamentarians questions and resolutions were killed in the chamber behind the facade of ‘national security’.
Giving examples he said that a simple question whether an inquiry had been held into the Kargil incident, whether its report would be made public and whether there was a law on the statute which regulated the functioning of the intelligence agencies were killed in the Chamber of Senate Chairman on the ground that these involved issues of national security.
There were some other laws also which hampered freedom of the Press, he said. The Law of Evidence currently in vogue does not protect confidentiality of information given to a journalist and was therefore a hurdle in the free flow of information. This is contrasted with the protection given to the confidentiality of information given by a client to his lawyer.
Unless rules are framed the relief promised by the law cannot be accessed, he said. There were laws like the Commission of Inquiries Act where no rules have been framed for the last forty years, said Senator Babar.
PML-Q Senator Tariq Azeem also favoured the freedom of expression and said that for the first time in the history of Pakistan, media was given so much freedom as present government believes on it.
Mehnaz Rafi seconded Tariq’s point of view and assured at much more would be done to maintain the freedom of expression in the country. Other speakers urged the parliamentarians to make legislation to ensure freedom of Press and expression rather making tall claims.
Source: The Nation
Date:4/11/2004
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