Sunday 5 December, 2010

The Nation : FOI in Pakistan : Access to information

http://www.nation.com.pk/pakistan-news-newspaper-daily-english-online/Regional/Karachi/05-Dec-2010/Access-to-information

Access to information

Access to information is the fundamental right of all citizens, just
as every citizen has the right to freedom of speech and expression. To
enable this, the Government of Pakistan had established the Freedom of
Information Ordinance 2002, in order to ensure transparency in
government and to hold the federal and provincial governments more
accountable.
The Ordinance allows citizens to have access to public records and to
ask for information as their right, in order to establish good
governance, through the enforcement of the rule of law. At the same
time, the Ordinance makes the functioning of Government more effective
in delivering social and public services, which require constant
monitoring and attention.
The Law also provides a grievance redressal mechanism for those who
have been denied information:
"In case the designated officer of a public body fails to provide the
requested information/record within 21 days, the requester may, in
terms of Section 19 of the Ordinance, file a complaint with the head
of the public body, who shall dispose of the complaint within 30 days
of its receipt."
"In case the competent authority fails to redress the grievance of the
requester, within 30 days of the filing of complaint or refuses to
provide him/her the requested information within time, the requester
may file a complaint with the Wafaqi Mohtasib."
An NGO has used the FoI as an effective tool to obtain information
from cooperative government departments, for their petitions against
illegal buildings and land conversions in the SCoP and the SHC.
The Indian Right to Information (RTI), India's counterpart to our FIO,
is much more comprehensive and powerful and is rated as one of the
best RTI laws in the world. It came into force on 12 October 2005.
Through the above site, ordinary citizen can easily track the progress
of their individual complaints.
The RTI law has become a great tool for the citizens of India, to
strengthen democracy and good governance and as an instrument to
demand their 'right to information' and thus hold the government
accountable.
Unfortunately, in Pakistan, we lack all these laws and the citizens
are either not aware or bothered to use The Freedom of Information
Ordinance to their advantage.
Under the FoI Ordinance, all the information that is being exposed by
our TV channels, is the fundamental right of the citizens and by
muzzling our media, the government is violating our rights. We have
the right to be informed and demand details of RPPs that are being
imported and if they are second hand, as reported and why advance
payment and bank guarantees for payment of rentals are being provided
by GoP?

Keeping this in mind, an NGO had tried to use the Freedom to
Information Ordinance to obtain a copy of the original Privatisation
Agreement and subsequent amendments between NEPRA, KESC and the Abraaj
Group last year.
We had addressed letters to Chairman NEPRA and MD PPIB, who had
admitted that the rental power plants with higher tariffs, were
inefficient, and had requested them to provide us copies of evaluation
reports prepared or the RPPs, the tariff petition filed with NEPRA and
copies of the Agreements of these projects.
We had also requested NEPRA to provide us the copies of the terms of
contract between the importers of the RPPs, who according to reports,
have been given 'extraordinary facilities' to import these plants,
including 17% advance payments and high electric tariffs.
Unfortunately, one year later, we are still being stoned walled by the
relevant departments and despite our repeated requests, we have been
completely ignored. The effective functioning of democracy depends
upon the participation in public life of a citizen that is well
informed and throughout the world, Freedom of Information laws are
changing the workings of governments.
If the FOI Ordinance is made functional in letter and in spirit, then
our TV channels would not have to play the role of local a WikiLeaks
in Pakistan. The wicked WikiLeaks have released a Genii that is
haunting world leaders and rattling the skeletons in their cupboards.
Governments across the world are trying to muzzle the Genii and put it
back in the bottle, but are facing a hard time.
In order to sensitise the FOI Ordinance, NGOs have organised a seminar
in Karachi on 6th December. The objective of this seminar is to make
citizens aware of the importance of the access to information laws and
encourage them to use these laws in accessing information.
email: trust@helplinetrust.org

--
Urvashi Sharma

RTI Helpmail( Web Based )
aishwaryaj2010@gmail.com

Mobile Rti Helpline
8081898081 ( 8 A.M. to 10 P.M. )

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