KARACHI Oct 20, 2006: The governance portfolio of ActionAid Pakistan organized a two-day orientation workshop with its DA partners on Freedom of information Ordinance 2002 and its various socio-political aspects were highlighted in the workshop. Right to know is closely linked with the empowerment of voiceless groups, such as the poor and women because increased access to information assures informed participation by all citizens. AAPk’s work around Just and Democratic Governance seeks to empower people and to strengthen democracy through promoting people’s right to information. One of our objectives is to campaign for a national law facilitating the exercise of the fundamental right to information. 

During the workshop Tasleem Mazhar highlighted the importance of right to know, by providing an historical account of the issue. She told that Sweden was the first country that formulated a law centuries back in 1776. In 1946 United Nations adopted a resolution recognizing the right to information as the basic human right. In 1948 right to information was included in UDHR which in its article 19 guarantees peoples right to know.  By the end of 90’s various countries started legislation to incorporate right to information in their national statutes. She also informed participants that so far 69 countries have formally introduced the freedom of information legislation including Pakistan and India among the South Asian countries.

Tasleem presented an overview of the context in which freedom of information ordinance was introduced in Pakistan. She said that the constitution of Pakistan (1973) – in its chapter of fundamental rights - does not guarantee citizens right of access to information or transparent practices on the part of public authorities. In the same sequence the LGO-2002 despite much talk on monitoring mechanisms and promising transparency in article 137, does not entail anything about the spaces and mechanism for the accountability by the citizens. Lacunas in the statute of Freedom of Information (FOI) ordinance 2002 and absence of enforceable mechanisms are major constraints in realization of citizens’ rights to transparency and accountability, while interest groups have always wanted ignorant citizenry so as to perpetuate their intrusion-safe interests. She also stated that since FOI ordinance 2002 was introduced by a military government in Pakistan, and while promulgating this ordinance parliamentary process was not followed therefore it lacks legitimacy.

Mukhtar Ahmed, Director CPDI (Center for Peace and Development Initiatives) shared his expertise and experience on the subject focusing on the utility of freedom of information by the general public, civil society and marginalized groups. He said that we need to spread awareness about the FOI ordinance among the masses because in order to use this right first, people need to have information about the existence of this law. He highlighted the hindrances which one has to face while trying to access information and said that first we need to learn how to ask questions and hold public authorities accountable then we will be able to benefit from the present law of FOI. He further explained that we need strong proofs and working to challenge government bodies for their misdeeds and corruption and if we exercise the right to know, it will enable us to face up to the corrupt and dishonest public and private institutions. He also underlined the gray areas and lacunas of FOI ordinance 2002.

The third session was taken up by Shahid Shah, a renowned journalist associated with The News. He said that investigative journalism has never been very prevalent in Pakistan because of the media control mechanisms. He presented a dark picture regarding the future of investigative journalism because it is in the interest of the government to keep media away from the facts so that they can ensure ignorant citizenry.  Government creates hindrances in the way of investigative journalism on purpose. He sighted the example of Daniel Pearl, a foreign journalist, who was brutally killed in Pakistan while responding to the call of his profession. He was on an assignment which falls under the umbrella of investigative journalism. He presented the case of Daniel Pearl as a failure story in the history of investigative journalism in Pakistan. Given the fact that a foreign journalist of a famous newspaper is not out of danger one can easily presume that investigative journalism with and without this ordinance doesn’t have very bright future in Pakistan.

Sikandar Brohi, Executive Director of Participatory Development Initiative (PDI) was to talk on social auditing vis-à-vis people’s right to know. He presented a very comprehensive overview describing the features of social audit and its significance in development sector. He said that while reviewing a project or conducting the social audit of a particular project/ programme the right to know is considered the integral part of the process which plays a very important role. He said if one doesn’t carry the required information regarding a project, social auditing of that project can never be done successfully. He also highlighted the difference between processes of audit having a mandate to review economic aspects of a particular project/organization/ institution only and the one called social audit having an added value of social cost assessment.

Comparative analysis of FOI legislation in different countries was the topic Rukhsana Shama was supposed to talk about. While building on the title of the session she came up with an overview of various countries legislation on freedom of information. She said that there are 69 countries who have formally endorsed the right to know as the basic human right. Furthermore she shared the details of the FOI statutes of USA, Great Britain, Poland, Pakistan and India. She said that the major difference between the FOI laws of other countries and Pakistan is that this ordinance does have political legitimacy because it is not introduced by elected government and has been promulgated by dictatorial forces. Besides presenting a summary of FOI legislation of other countries, she offered in-depth comparison of FOI ordinance of Pakistan and Freedom of Information Act of India. This comparison highlighted the flaws of FOI ordinance 2002 of Pakistan. She said that one of the major differences of the FOI of Pakistan and India is that Indian Act is the result of a grass roots struggle of people of India and it is approved by the Indian parliament. Hence Indian people are well-aware of the use and existence of this law. On the other hand, the ordinance in Pakistan is brought in by a non-elected government as a cosmetic measure to satisfy international forces. 

While summing up, Rukhsana said that the comparison shows that Freedom of Information Ordinance 2002 is fairly the worst in the countries, we have just discussed and given the fact that it has been brought in by an illegitimate military government makes it even worse.

The second day of the workshop was initiated with recap of the first day and feedback was also sought from the participants. Anees Haroon, the resident director of Aurat Foundation-Karachi talked about right to information in relation to the grass root struggles. Referring to the struggle of Women Action Forum (WAF) she highlighted the importance of access to information. She said that Pakistan is one of those countries where grass root movements have never been very prevalent or very successful because of the ignorant citizenry. She sighted various examples and explained how some times access to information enabled women activists to mobilize around the women rights issues.  She further said that Freedom of Information encourages a democratic culture and creates open societies. She criticized the secretive nature of governance in Pakistan while referring to the cases of enforced disappearances in Balochistan and Sale of Twin islands of Sindh. 

Iqbal Haider, former minister of the parliamentary affairs, ex-senator and General Secretary of Human Rights Commission of Pakistan started his session by explaining the notion of good governance and said that the elements of good governance include transparency, accountability, right to information and freedom of expression and all these essential features of good governance do not exist in the legislature, executive bodies and parliamentary procedures and processes.  He said that the 14 Intelligence agencies working in Pakistan are the biggest hurdle in running the state affairs in transparent manner by ensuring the access to information e.g. Panel Code of Pakistan has not been published since 1978 and no one knows that in which shape exactly does our law exists.

He summed up by saying that overall picture regarding freedom of information is not very heartening and in order to progress on all fronts including the access to information, we need to have democratic system and transparent parliamentary procedures and processes.

In the concluding session, Tasleem solicited the recommendations from participants regarding the furtherance and strengthening of our work around right to know. All participants agreed that we need to formulate a proper platform so that we can start an organized effort to fight for our right to know, the cornerstone for the realization of all other human rights. At the end of the workshop a group was formed and was named FOI Watch Group. Participant of the workshop affirmed that they will work together in their individual capacities as well as at their organizational level as a group. For smooth communication and better coordination an e-group was also set up with email ID foiwatchgroup@actionaid.org in collaboration with the IT unit.