- Time to write off ‘national interest’
- The law is aimed at providing better access to information to public bodies
In a landmark consensus, the treasury and opposition benches on Tuesday unanimously approved an amended version of the Right to Information Bill that intends to replace the incumbent Freedom of Information Ordinance 2002 at the federal level.
The rare agreement was reached upon between the members of the major political parties of the country including the ruling Pakistan Muslim League-Nawaz (PML-N), Pakistan Peoples’ Party (PPP) and Pakistan Tehreek-e-Insaf (PTI) during a ‘select committee’ of the Senate.
Under the bill, no state institution would be allowed to shield corruption and human rights violations in the name of “national interest”.
The much-delayed Right to Information (RTI) Bill is aimed at striking a balance between the draft already passed by a Senate committee and the one proposed by the government without compromising on the citizens’ right to information guaranteed under the Constitution.
In one of the previous meetings of the Senate committee on information and broadcasting, the opposition members had rejected the defence ministry’s blunt suggestion that the RTI legislation should not be taken up without obtaining an NOC (no objection certificate) from it. Terming the proposal as “atrocious”, the opposition had rejected the objection. The RTI laws in provinces have relatively been easier to frame and did not encounter much opposition largely due to the fact that matters relating to defence and foreign affairs are beyond their purview.
During the meeting, members of the senate committee reviewed the bill clause-by-clause and unanimously adopted all amendments and recommendations.
The bill includes provisions for the protection of whistleblowers, as any person associated with a public entity who raises a flag on corruption and misappropriations in that entity will be protected under the law, and will receive immunity from prosecution in related cases. Whistleblowers from security institutions will receive similar protection too.
Moreover, the newly-adopted bill recognises citizens’ right to know under the Constitution, and to have access to information about the activities of the government. It also seeks to ensure that information on ‘missing persons’ is provided in writing by the relevant institution within three days of a request for information being filed.
Under the agreed draft, the prime minister will form a three-member commission with the power to order public bodies to disclose information and provide records. The commission will entertain requests for records from the past 20 years, as records older than 20 years will automatically pass in the public domain.
The commission is expected to comprise one member of civil society, one from the bureaucracy, and one from the judiciary and all members should be under 65 years of age. In a bi-annual report, to be submitted to parliament, the commission will provide “an overview of activities undertaken by all public bodies.”
Under the proposal, a standing committee of the Senate and National Assembly will have the authority to remove members of the commission. Penal action will be taken against members of the commission in case they deliberately destroy any records.
The Bill also carries a proposal to ensure public access to the CCTV footage at public places. Under the proposed bill, the state institutions would be bound to provide written information about any missing person within two to three days deadline.
However, State Minister for Information Marriyum Aurangzeb says that under the proposed bill, sensitive information regarding the issues related to national interest and foreign policy cannot be made public while information regarding any commercial venture would be made public.
The minister said that the state secrets over 20 years would be made public and anyone who points out violation of laws in state institutions would have legal cover.
Senator Farhatullah Babar, who chaired the select committee, told media that in case a person is abducted and killed by security agencies, the agencies will no longer be able to use ‘national security’ as an excuse not to provide information on the matter. He further said that no information that pertains to matters of fundamental human rights will be allowed to be withheld. He said the bill will grant the common man greater access to information.
The senator said that information regarding corruption in public institutions may now be more readily available with the passage of the Act. He said that information that has so far been withheld from the public will be obtainable through an appeal to an independent appellate body.
He said in order for any piece of information to remain withheld from the public, some steps will need to be taken and an authorised officer will have to explain in writing why the information should not be made public.
In the explanation, the officer should provide reasons why divulging the information will impact national security, so that the committee can decide what is in the national interest for such cases, Babar explained.
“If there is corruption in a security organisation, that information will [also] be brought forward,” Babar assured.
He expressed confidence that the new law would prove of great assistance in cases pertaining to missing persons. “In the name of national security, citizens have not been granted access to a lot of information.
It will no longer be possible to withhold critical information just because it has been arbitrarily decided that it is secret or sensitive,” he asserted.
The Act will be presented to parliament for further deliberations.