Seminar Report

“The Need for ‘RTI’

Legislation in Balochistan”

January 13th 2016

Quetta

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January, 2016

This report was made possible with support from the American people through the U.S.

Agency for International Development (USAID). The contents are the sole responsibility of the

Development Resource Solutions and do not necessarily reflect the opinion of USAID or the

U.S. Government.

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Introduction:

The Balochistan’s Freedom of Information Act 2005 (FOIA 2005) is based on the federal FOI

Ordinance 2002. The Act has proved to be, to a larger extent, ineffective to ensure

transparency in the province. This is mainly due to weaknesses in the law and its poor

implementation. The law, besides a number of other shortcomings, also restricts access to a

large number of public documents and provides no protection to whistleblowers. It does not

require the government to establish information commissions at various levels. Though the law

has been in place for 10 years now but practical steps to establish mechanisms and processes

for its effective implementation are not in place. Furthermore, citizens’ awareness of the FOI

framework and stakeholders’ capacity to enforce the law in Balochistan is minimal.

In April 2010, under the 18th amendment in the constitution of Pakistan, Article 19-A was

added which provided constitutional guarantee to the ‘Right to Information’ for the first time to

the citizens of Pakistan. Article 19-A states that; ‘Every citizen shall have the right to have

access to information in all matters of public importance subject to regulation and reasonable

restrictions imposed by law."

After amendment of the constitution, two provinces of the country (Punjab and Khyber

Pakhtunkhwa) have promulgated RTI laws, whereas Sindh and Balochistan have not yet

promulgated or amended their FOI laws adopted in 2006 and 2005 respectively.

Development Resource Solutions is implementing a project 'Voice for Transparency Reforms' in

Balochistan in collaboration with USAID's 'Citizens Voice Project'. The project is dedicated to

advocate for 'Right to Information' legislation in Balochistan and improve implementation status

of the existing 'Freedom of Information Act 2005' through engagement with government

departments, legislators, civil society and media.

Objectives of the project are as follows: To facilitate citizens’ oversight of government departments through access to

information;

To lobby with policymakers for the enactment of a Right to Information law in

Balochistan;

To create public

awareness of the need

for a Right to

Information law in

Balochistan.

As an important activity of

the project, DRS' organized a

national seminar on 'The

Need for RTI Legislation in

Balochistan'. The event was

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meant to present findings of the project to legislators, high-ranking officials of provincial

institutions/departments, political party leaders, lawyers, media representatives, civil society

representatives, prominent intellectuals and other important opinion-makers. The seminar also

highlighted the need for right to information legislation, international best practices in RTI, the

salient features, successes and lessons learnt from RTI legislation in KP and Punjab.

Specific Objectives of the Seminar were;

To highlight the issues in the FOI Act 2005 and the challenges in effective

implementation of the Act

To motivate legislators and policy makers for amendments in the law by presenting

successes achieved by Punjab and Khyber Pakhtoonkhawa in legislation and

implementation of the RTI laws

To share recommendations for amendment in the FOI Act 2005

The participants of the event included high-ranking officials of provincial

institutions/departments, leaders of the political parties, lawyers, media representatives,

prominent intellectuals and members of the civil society, chamber of commerce and bar

associations.

Proceedings of the Seminar:

Mr. Azizullah Khan, MER Coordinator DRS' welcomed the

participants and briefly discussed about the background and

objectives of the project.

Mr. Muhammad Ayub Khan, Chief Executive Officer DRS'

presented 'Balochistan Freedom of Information Act 2005' -

Project Findings'. He discussed major short-comings of the FOI

Act in view of the baseline assessment report of the project, as

follows;

Balochistan’s 'Freedom of Information' Act, 2005 relies on

Provincial Ombudsman to hear RTI-related complaints,

rather than forming an independent Information

Commission with dedicated Information Commissioners for

this purpose – as has been done by Punjab and KP.

It does not grant powers to the Provincial Ombudsman in

imposing penalties on public officials obstructing the people's

right to information. The powers of Provincial Ombudsman of Balochistan in

hearing complaints have not been defined. The Act does not mention the criteria for disclosure of

public records, instead, provides lists / types of information for disclosure and exemption. It has a restrictive definition of public bodies, which do not include NGOs or private

organizations substantially funded from the public exchequer.

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It does not define how the Act is to be implemented within

public bodies by designated officials, and how proactive

disclosure requirements are to be met, or the duties of

Information Officers in relation to the handling of

information requests.

It contains defined parameters for exemptions but

provides no procedures for overriding these exemptions in

the public interest or after the passage of a specified time-

period.

In terms of enforcement, it specifies offences but it does not

designate clear penalties for offences.

It does not override other laws governing the disclosure of

information held by government, and does not require the

promulgation of Rules for its implementation within a

specific time period.

Mr. Ayub also presented project recommendations for

legislative reforms and improved implementation of the 'FOI'

law.

Recommendations:

The Balochistan Assembly must replace the FOI Act

altogether with a law that is in line with current

international standards.

Rules for the law must also be formulated simultaneously by

the provincial assembly to ensure smooth implementation

of the law as soon as it is brought into effect. The law must require formation of an independent

'Information Commission' to monitor implementation of

the Act and redress public grievances regarding information.

Legal provisions mandating publicity of RTI to promote its

widespread use by the public must also be included.

The law must have provisions to override other laws which

govern the disclosure of information held by government. The law must incorporate international and regional best

practices and lessons learnt from Punjab and KP. Civil society stakeholders must be consulted in devising the

new law and its views must be incorporated where possible.

The provincial government must be promoted via

mainstream and social media, seminars, conferences, media

campaigns, pamphlets etc.

Prof. Kalimullah Taran, Department of Education, Government

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of Baluchistan elaborated in detail the background of

transparency and its importance in the backdrop of human rights,

democracy and improved service delivery.

Mr. Abdul Latif Kakar, DGPR, Department of Information,

Government of Balochistan, discussed the challenges for

implementation of the FOI Act 2005. He stressed upon the need

of improving capacity of public officials of line departments with

regard to timely provision of information for better service

delivery.

Mr. Riaz Ahmad, Secretary, Provincial Ombudsman of Baluchistan, explained the role and

responsibilities of the POB with regard to POB Act and grievance redress regarding

information provision to the masses. Mr. Riaz highlighted the need for legislative reforms in the

POB Act and stressed upon resource provision and capacity enhancement of the POB for in

view of its pivotal role in implementation of the law.

Mr. Mukhtar Ahmad Ali, Information Commissioner,

Government of Punjab, briefed the participants on the

background and salient features of Punjab Transparency and

RTI Act 2013. He also discussed in detail the successes in

implementation of the act in Punjab along with elaborating the

challenges in implementation. Mr. Mukhtar Ahmed Ali

explained that the FOI Act needs to be repealed and a new

law needs to be promulgated by the provincial assembly of

Baluchistan as the existing law is a replica of the federal FOI

ordinance 2002 and cannot serve the purpose of transparency.

Mr. Sahibzada Muhammad Khalid, Chief Information Commissioner, Government of KPK,

elaborated in detail about the Khyber Pakhtoonkhawa RTI Act 2013. He explained that the KP

Act is highly ranked in the international standards. He said that the government of KP has owned the law after its promulgated and has shown

seriousness to implement it in letter and spirit. He also

shared few success stories and lessons learnt during

implementation of the law in KP.

Mr. Ubaidullah Babat, Advisor to the Chief Minister,

Government of Baluchistan said that the present provincial

government believes that the province can progress only if

the transparency, merit and accountability is ensured in the

utilization of the public resources. Our government is

committed to the cause of transparency and the 'FOI' Act will

be reformed on war-footing.

Mr. Abdul Raheem Ziaratwal, Minister of Information and Parliamentary Affairs, Government of

Baluchistan, said on the occasion that the Government of Baluchistan is committed to reform

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the 'Freedom of Information Act 2005'. The province is in dire need of an overall governance

reforms and we are in the process of amending these old and outdated laws which have failed

to fulfill the desires and needs of the people of Baluchistan.

Mr. Ziaratwal also stated that the bureaucratic high-ups need to act proactively in provisions of

the basic services to the people of Baluchistan. He said that during the last decade, there have

been a grave mismanagement and corruption of the public resources by the previous

governments which has badly affected the development process of the province but we are

working hard to bridge this gap. He

said that the ineffective 'FOI' Act

will be repealed completely and a

new progressive RTI law will be

promulgated by the provincial

assembly. He also called upon the

media and civil society to raise

awareness among the general

public to utilize the upcoming law,

as the law would be ineffective

without proactive use by the

people.

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Annexes-1: Program Agenda

# Subject Speaker Timeline

1 Welcome Note Mr. Azizullah Khan

MER Coordinator DRS

3: 00 pm –

3: 10 pm

2 'Balochistan Freedom of

Information Act 2005' - Project

Findings

Mr. Muhammad Ayub Khan

Chief Executive Officer DRS

3: 10 pm –

3: 30 pm

3 The need for RTI legislation in

Baluchistan

Prof. Kalimullah Taran

Department of Education

3: 30 pm –

3: 40 pm

4 Balochistan Freedom of

Information Act 2005 –

Challenges and Opportunities

Mr. Abdullah Jan

Secretary Information,

Government of Balochistan

3: 40 pm –

4: 00 pm

5 Balochistan Freedom of

Information Act 2005 – Role of

POB

Mr. Riaz Ahmad

Secretary, Provincial

Ombudsman of Balochistan

4: 00 pm –

4: 10 pm

6 Punjab Transparency and RTI

Act 2013 - Successes and

Lessons Learnt

Mr. Mukhtar Ahmad Ali

Information Commissioner,

Government of Punjab

4: 10 pm –

4: 30 pm

7 Khyber Pakhtoonkhawa RTI Act

2013 – Successes and Lessons

Learnt

Mr. Sahibzada Muhammad

Khalid

Chief Information

Commissioner,

Government of KPK

4: 30 pm –

4: 50 pm

8 Speech of the Chief Guest Mr. Abdul Raheem Ziaratwal

Minister of Information,

Government of Balochistan

4: 50 pm –

5: 00 pm

Closing & Refreshment

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Annex-2: Project Findings (Presentation)

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National Seminar

The Need for RTI Legislation in Balochistan: Project Findings

Development Resource Solutions

January 13th 2016Serena Hotel Quetta

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Balochistan Social Indicators: Health

BalochistanNationalIndicator

785 Per 100000 live births272 Per 100000 live birthsMaternal Mortality Rate*

97 Per 1000 live births74 Per 1000 live births Infant Mortality Rate**

111 Per 1000 live births89 Per 1000 live births Mortality (Under 5)**

* MICS 2010** PDHS 2013-14

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Balochistan Social Indicators: Education

BalochistanNationalIndicator

43%58%Literacy*

62%93%Gross Enrollment Rate (Primary)**

50%70%Net Enrollment Rate** (5-9 Years)

1.7 Million5.7 MillionOut of School Children (Primary Level)**

* PSLM 2012-13, * AEPM 2013-14

Principles of Good Governance:

Transparency

Accountability

Public Participation

What is Transparency in Governance:

Transparency refers to the availability of information to thegeneral public and clarity about government rules, regulations,and decisions.

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Good Governance

Freedom of information is the basic right to access information held by public bodies. State is the primary custodian and duty-bearer of protection and implementation of fundamental rights of its citizens.

In the 1946 UN General Assembly Resolution 59, the right to information is recognized an integral part of the fundamental right of freedom of expression.

In Article 19 of the Universal Declaration of Human Rights (1948), freedom of information is upheld as the right “to seek, receive and impart information and ideas through any media and regardless of frontiers.”

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Right to Information

An open government encourages citizens’ participation, which can lead to better decisions by government and the community. It improves delivery of basic social services and provision of basic human rights.

An RTI Act promotes a more open, transparent, accountable and responsive government.

Information may only be withheld if there are legitimate reasons, such as privacy and security, for not disclosing it.

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Right to Information - Benefits

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Before 1989, there were only 13 countries which had adopted RTI laws, Since 1995, this number has increased to 104 countries.

The culture of official secrecy has colonial roots in South Asia due to Official Secrets Act (OSA) of 1923, which has created and sustained a culture of administrative secrecy that has continued even after independence.

Pakistan was the first country in South Asia to pass legislation guaranteeing RTI through the Freedom of Information Ordinance, 2002 by the Government of General (Rt) Pervez Musharraf.

Identical FOI Acts were passed in Balochistan in (2005) and in Sindh in (2006).

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RTI and Pakistan - 1

But these laws are outdated by the international standards and their implementation has been weak and in-effective.

The passage of the 18th Constitutional Amendment in 2010 enshrined RTI as a fundamental right under Article 19A.

Khyber Pukhtunkhwa (KP) and Punjab passed progressive RTI laws, on November 4, 2013, and December 14, 2013, respectively.

With its current outdated FoI Ordinance 2002, Pakistan is at 83rd position out of 102 countries according to Canada-based Centre for Law and Democracy's (CLD) Global RTI Rating.

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RTI and Pakistan - 2

Balochistan’s FoI Act, 2005 relies on Provincial Ombudsman to hear RTI-related complaints, rather than forming an independent Information Commission with dedicated Information Commissioners for this purpose – as has been done by Punjab and KP.

The powers of Provincial Ombudsman of Balochistan in hearing complaints have not been defined.

The Act, 2005 also fails to specify the criteria for disclosure of public records.

It has a vague definition of public information, which affords wide discretionary powers in its application.

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Weaknesses of Balochistans’ FOI Act 2005 - 1

It has a restrictive definition of public bodies, which do not include NGOs or private organizations substantially funded from the public exchequer.

It does not define how the Act is to be implemented within public bodies by designated officials known as Information Officers, and how proactive disclosure requirements are to be met, or the duties of Information Officers in relation to the handling of information requests.

It contains defined parameters for exemptions but provides no procedures for overriding these exemptions in the public interest or after the passage of a specified time-period.

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Weaknesses of Balochistans’ FOI Act 2005 - 2

In terms of enforcement, it specifies offences but it does not designate clear penalties for offences.

It does not grant powers to the Provincial Ombudsman in imposing penalties on public officials obstructing the people's right to information.

It does not override other laws governing the disclosure of information held by government, and does not require the promulgation of Rules for its implementation within a specific time period.

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Weaknesses of Balochistans’ FOI Act 2005 - 3

The Balochistan Assembly must replace the FOI Act altogether with a law that is in line with current international standards.

Rules for the law must also be formulated simultaneously by the provincial assembly to ensure smooth implementation of the law as soon as it is brought into effect.

The law must require formation of an independent 'Information Commission' to monitor implementation of the Act and redress public grievances regarding information.

Legal provisions mandating publicity of RTI to promote its widespread use by the public must also be included.

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Recommendations for Amendments - 1

The law must have provisions to override other laws which govern the disclosure of information held by government.

The law must incorporate international and regional best practices and lessons learnt from Punjab and KP.

Civil society stakeholders must be consulted in devising the new law and its views must be incorporated where possible.

The provincial government must be promoted via mainstream and social media, seminars, conferences, media campaigns, pamphlets etc.

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Recommendations for Amendments - 2

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Pictorial Glimpse of Project Publications

Policy Brief on FOI Act 2005 Urdu Translation of the FOI Act 2005

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Annexes-3: Participants

# Stakeholder Group Gender Total

Male Female

1 Members of Provincial Assembly 2 0 2

2 Government Officials 39 4 43

3 Media Persons 23 0 23

4 NGOs 20 2 22

5 Members of Political Parties 6 0 6

6 Lawyers 4 0 4

7 Trade Unions 4 0 4

8 Students 5 0 5

9 Total 103 6 109

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Annexes-4: Press Coverage

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