Freedom of information
August 12 2006: HONESTY of approach will be the key. On face value, the Freedom of Information Ordinance promulgated by the Sindh governor on Thursday empowers citizens and facilitates public knowledge of the government’s actions and decisions. Proper access to information can help introduce clarity and transparency in government policies and conduct and, in theory at least, inhibit corruption among public officials.
However, the practicability of the provincial ordinance, like that of the relevant federal law, will depend on good faith and the spirit in which it is implemented. Certain limits on access to information are inevitable in any society and are, indeed, necessary to safeguard national interests, especially in critical areas. However, given the track records of governments in Pakistan, it can be all too easy to blur the distinction between national and departmental interest. One also hopes that the ordinance is not aimed primarily at appeasing multilateral donor agencies such as the Asian Development Bank, which lists transparency (including freedom of information) as one of its four “elements of good governance”.
The major problem lies in the loosely defined ‘exclusions’ cited in both the federal and provincial laws. For instance, the Sindh ordinance stipulates that handwritten notations on official files will not be available to the public. Without these comments, it may be impossible to know who raised what objections to a proposal and whether the same were entertained or ignored.
Similarly, “classified” records will not be accessible. While this is not unusual in itself, no mention has been made of either the criteria for such restrictions or the identity of the relevant authority.
Moreover, access will be denied to “any record which [the] government may, in public interest, exclude from the purview of this ordinance”. At the same time, it will be possible to withhold information by invoking other laws such as the Official Secrets Act. These loose ends must be tied up. Also, the 21-day waiting period needs to be shortened to accommodate researchers and members of the press. To ensure that the ordinance is implemented in letter and spirit, the government should conduct periodic reviews in consultation with the media and civil society representatives. Freedom of information must exist not just in name but in practice.
Source: Dawn
Date:8/12/2006
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