Rti resoucebook for cs os workers & media

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TABLE OF CONTENTS
I. List of Acronyms 2
II. Glossary 3
III. Background 4
IV. Introduction to Right to Information 4
V. Principles of Freedom of Information 5
VI. Legislative Framework of RTI in Pakistan 6
VII. RTI Legislation in Khyber Pakhtunkhwa 7
VIII. Salient Features of KP Right to Information Law 8
IX. Right to “Blow the Whistle” 10
X. Role of Media in Promoting and Protecting the Right to Information 10
XI. Empowerment through Investigative Journalism 14
XII. RTI in the South Asian Regional Context 15
XIII. RTI International Trend 15
XIV. RTI - Success Stories and Lessons Learning For Civil Society 16
XV. Annexures
Annex-1 Findings & Recommendations of the RTI Index 2012-13 Report
Annex-2 Advocacy Campaign for RTI – A Case Study
Annex-3 RTI - Newspaper Clipping
Annex-4 Bibliography
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2The Right to Information – Resource-book
I. LIST OF ACRONYMS
ACHR Asian Centre for Human Rights
ANSA SAR Affiliated Network for Social Accountability, South Asia Region
BPL Below Poverty Line
CHRI Commonwealth Human Rights Initiatives
CPDI Centre for Peace and Development Initiative
CSOs Civil Society Organization
DSO District Supply Officer
FOI Freedom of Information
FOIA Freedom of Information Act
FOIAnet Freedom of Information Advocates Network
FOIO Freedom of Information Ordinance
GCHQ General Communications Headquarters
IC Information Commission
KP Khyber Pakhtunkhwa
MDGs Millennium Development Goals
MKSS Mazdoor Kisan Shakti Sangathan
MoNGOs My Own NGO
NCPRI National Campaign for People’s Right to Information
NGOs Non-Governmental Organizations
OAS Organization of American States
OGP Open Government Partnership
PVCHR People's Vigilance Committee on Human Rights
SARTIAN South Asia Right to Information Advocates Network

II. GLOSSARY
Access to information The policies, practice, laws and procedures that help guarantee
openness in the conduct of affairs.
Freedom of expression The human right to express and exchange opinions, beliefs and
information with others.
Freedom of information The human right to secure access to publicly held information and
the corresponding duty upon a public body to make information
available.
Horizontal right A right exercised by a private legal person against another private
legal person e.g. by an individual against a corporation, as
opposed to a vertical right which is exercised against a public
body of some kind.
Official information Information held by a public body.
Ombudsman An administrative body established to receive and adjudicate
upon complaints against public bodies - these can be local,
national or service based, for example a health Service
Ombudsman.
Principle of maximum disclosure The assumption that all documents held by a public body should
be open to the public.
Public body A ‘public body’ is defined by the type of service provided and
includes all branches and levels of government including local
government, elected bodies, bodies which operate under a
statutory mandate, nationalized industries and public
corporations, non-departmental bodies, judicial bodies, and
private bodies which carry out public functions (such as
maintaining roads or operating rail lines).
Right to information legislation Legislation that gives effect to the right to secure access to
publicly held information and the corresponding duty upon a
public body to make information available.
Whistleblowers Individuals who release information on wrongdoing are
whistleblowers; they must be protected under the law.
Wrongdoing ‘Wrongdoing’ in this context includes the commission of a
criminal offence, failure to comply with a legal obligation, a
miscarriage of justice, corruption or dishonesty, or serious
maladministration regarding a public body. It also includes a
serious threat to health, safety or the environment, whether
linked to individual wrongdoing or not.

III. BACKGROUND
itizens of Pakistan and its civil society have not benefited from the prevailing legislation on
freedom of information and right to information (Freedom of Information Ordinance 2002 at the
federal level, Sindh Freedom of Information Act at provincial level, and Local Government
Ordinance 2001 at the district level) to make political elite and bureaucracy accountable to people by
having access to the public documents under these laws. KP Right to Information Act 2013 is another
significant milestone in this regard. Relative lack of understanding of the legislation is one of the key
factors that citizens have not been able to employ FOI tool to have access to the public records that may
lead to critical and verifiable information about corruption and make public officials and political
representatives accountable which ultimately would contribute to transparent systems and open
governance. This document is based on compilation from a number of global related literature as a
resource for citizens and civil society organizations who want to create awareness and advocate for
implementation of RTI legislation. The work of authors and institutions are acknowledged whose
documents have been consulted and/or extracted to made part of this resource-book.
IV. INTRODUCTION TO RIGHT TO INFORMATION
The right to information, defined as the right to access information held by public authorities, is
widely recognized as a fundamental human right. It derives from the right of freedom of expression to
“seek and receive information,” and is recognized worldwide as a human right. Under this right, any
person may make a request to a public body; the body is legally required to respond and provide the
information, unless there is a legally compelling reason to refuse the request. It is also a foundational
building block for democracy and participation, as well as a key tool for holding government to account
and rooting out corruption. It is recognized in international law, as well as the laws and constitutions of
more than ninety countries world‐wide.
The RTI is “a requisite for the very exercise of democracy” (OAS 2003). Democracy is based on
the consent of the citizens, and that consent turns on the government informing citizens about its
activities and recognizing their right to participate. The collection of information by governments is done
on behalf of its citizens, and the public is only truly able to participate in the democratic process when it
has information about the activities and policies of the government.
The RTI is also an important tool for countering abuses, mismanagement, and corruption and for
enforcing essential economic and social rights. Civic activists in Rajasthan, India, have used it to ensure
that the poor get the food they are entitled to receive from corrupt food distributors (Calland and Tilley
2002), and an angry mother in Thailand used it in her efforts to learn why her daughter was not allowed
into a top-quality school (Coronel 2001). It also is commonly used by environment-focused
nongovernmental organizations to reveal pollution dangers in communities.
The right is typically recognized at the national level through constitutional provisions and
national laws. Some of this legislation has existed for more than 200 years. Section 6 of the Swedish
C

Information & Human Rights
Protecting a child’s right to education in Thailand
In Thailand children’s rights to education and fair and
equal treatment was challenged when a child was refused
entry at one of the country’s best public schools. In asking
about the results of enrolment tests for children, the case
exposed all manner of corruption and discrimination that
had been part of the selection process, favouring children
from rich and prominent families. That action prompted a
country wide overhaul of the system of selection and
enrolments in public schools. The Thai public school case
shows how FOI was used to protect and promote both
civil rights (fair and equal treatment and prevention of
unfair discrimination) and socio-economic rights (the right
to education).
Source: Freedom of Information: Training Manual for Public
Officials
Freedom of the Press Act (adopted in
1766) set the principle that government
records were open to the public by
default and granted citizens the right to
demand documents from government
bodies. The 1789 French Declaration of
the Rights of Man called for information
about the budget to be made freely
available: “All the citizens have a right to
decide, either personally or by their
representatives, as to the necessity of
the public contribution; to grant this
freely; to know to what uses it is put.”
Most nations have adopted laws in the
past 20 years.
Today, nearly 90 countries
around the world have adopted a national law or regulation that sets out specific rights and duties for
facilitating access to information. The following elements are typically found in national RTI laws:
• A right of an individual, organization, or legal entity to demand information from public bodies,
without having to show a legal interest in that information.
• A duty of the relevant body to respond and provide the information. This includes mechanisms
for handling requests and time limits for responding to requests.
• Exemptions to allow the withholding of certain categories of information. These exemptions
include the protection of national security and international relations, personal privacy,
commercial confidentiality, law enforcement and public order, information received in
confidence, and internal discussions. Exemptions typically require that some harm to the
interest must be shown before the material can be withheld.
• Internal appeals mechanisms for requestors to challenge the withholding information.
• Mechanisms for external review of the withholding of information. This includes setting up an
external body or referring cases to an existing ombudsman or to the court system.
• Requirement for government bodies to affirmatively publish some types of information about
their structures, rules, and activities. This is often done using information and communications
technologies.

V. PRINCIPLES OF FREEDOM OF INFORMATION1
Many countries have enacted freedom of information laws. During this process of formulating
laws on freedom of information, some basic principles have emerged. These principles serve as a
yardstick to test the effectiveness of freedom of information legislation. This list comes from Article 19’s
Principles on Freedom of Information Legislation.
1. Freedom of information legislation should be guided by the principle of maximum disclosure
2. Public bodies should be under an obligation to publish key information
3. Public bodies must actively promote open government
4. Exceptions should be clearly and narrowly drawn
5. Requests for information should be processed rapidly and fairly and an independent review of
any refusals should be available
6. Individuals should not be deterred from making requests for information by excessive costs
7. Meetings of public bodies should be open to the public
8. Laws which are inconsistent with the principle of maximum disclosure should be amended or
repealed
9. Individuals who release information on wrongdoing – whistleblowers – must be protected.
VI. LEGISLATIVE FRAMEWORK OF RTI IN PAKISTAN2
A Freedom of Information Ordinance was introduced in 1997 in Pakistan, but it was drifted in a
short time. A similar Ordinance was circulated in 2000, but failed to become law. However, upon the
pressure inserted by the international financial institutions, on October 27, 2002, the President of
Pakistan promulgated an ordinance called, “Freedom of Information Ordinance 2002”. The objective of
the ordinance was to give way to transparency by ensuring people’s access to government-held
information. The text of the ordinance stated that it shall come to force at once and was to be extended
to the entire country. The ordinance claimed to acknowledge the ordinary citizens’ right to demand
information for establishing good governance, eliminating corruption and holding the government
accountable for delivering services effectively. Besides allowing the people to monitor the government
offices’ workings, the law also provided with a grievance redressal mechanism for the citizens who had
been denied information earlier by stating, “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”.
This, indeed, was a major step in acknowledging the people’s right to access information,
however, as the ordinance was not thoroughly promulgated and was required to have interpretations in
context of a number of aspects. It was later discovered that even the competent bodies in federal offices
had little knowhow of the ordinance in practice or had little knowledge about how to interpret the law
in a specific situations), it is yet to be formally acknowledged and practiced in the government offices of
1
Extracted from: ‘Manual on Using Right to Information (RTI) Tools by CPDI Islamabad’.
2
Based on: ‘A Briefing paper on Right to Information Legislation in Khyber Pakhtunkhwa, Prepared by Citizen
Engagement for Social Service Delivery. Peshawar, November 2013’

the country. Under 18th amendment, devolution of powers has taken place as the legal granting of
powers from central government of a sovereign state to governance at a regional or sub-national level.
The 18th amendment is a brief document of transfer of powers. Under this historic legislation in the
country, it grants a right to every citizen to have access to public information and records bestowed
under the Article 19-A. In follow up to this legislation, provincial governments have to develop laws,
rules and regulations for its effective implementation for easy access to public information. The progress
till date has shown that the KP government enacted RTI law through an ordinance and consultations for
Punjab law is going on despite promises made by the then provincial government for its early enactment
through assembly. Discussions on Sindh and Baluchistan laws are premature and inconclusive.
VII. RTI LEGISLATION IN KHYBER PAKHTUNKHWA 3
After thorough consultations and deliberations by the Govt of Khyber Pakhtunkhwa, a RTI law
was enacted on August 13, 2013. The PTI led coalition in the province initiated steps in promoting
transparency and accountability; it is in process of developing citizen friendly good governance laws and
RTI is one of those off shoots. On August 15, 2013, PTI Chairman launched the law in a packed seminar
in the provincial capital and briefed on the salient features of the law and its relevance to promoting
good governance in KP. The launch was attended by a large number of government officials, common
citizens, activists, media and CSOs. Majority of the stakeholders applauded the efforts of the provincial
government for broad based consultations for development of RTI law in the province.
VIII. SALIENT FEATURES OF KP RIGHT TO INFORMATION LAW 4
A. What is Right to Information?
The law bestows the right to access to any
information or record held by a body. It also
states that it facilitates and encourages the
disclosure of information, promptly and at
the lowest reasonable cost.
B. What kind of information is
available?
It encourages public bodies to
explicitly publish information for common
people to be accessible in an easy manner,
both on printable and internet formats. This focuses on the use of pro-active disclosure of information
3
Based on article ‘My right to know by Gulbaz Ali Khan, 15.09.2013 from
http://www.cssforum.com.pk/general/news-articles/41513-news-political-economy-opinion-analysis-25.html,
4
Based on: ‘A Briefing paper on Right to Information Legislation in Khyber Pakhtunkhwa, by CESSD Peshawar,
November 2013’.

which has never been the focus in previous legislations in Pakistan. An unpublished study conducted by
an Islamabad think tank on RTI status on Pakistan reveals that proactive disclosure has remained non-
existent in most of the public bodies in all provinces including KP. This law binds public bodies to publish
information on:
a) acts, rules, regulations, by-laws, manuals, and orders,
b) organizational information including structure, function, powers, duties and services,
c) information on all employees including their remuneration, perks, privileges, powers &
duties
d) standard operating procedures,
e) decision making processes and opportunities for citizen engagement,
f) important information on the organization policies and decisions being made or in process,
g) budget including proposed and actual and
h) details on benefit programmes including subsidy including details about the amount and
beneficiaries.
C. What is process of disposal of information request?
Every citizen is eligible to lodge a request for information through the designated officer. This
law provides all means of submitting written information request including in person, by fax or by email.
Previous legislations (some still in invoke) in the country do not provide more flexible ways of submitting
information requests. It binds the public body to issue a receipt to the requester containing date and
name of the designated official. The public body will also provide assistance to the requester who is
having problems in describing required information or needs help due to any disability. The designated
officer shall intimate the requester through a notice indicating:
a) Information has been provided upon the payment of a reasonable fee,
b) request has been rejected but dealt upon provision of assistance,
c) request has been rejected based on the information which is already available in printable and
internet format, d) repeat request for same information and
d) request has been rejected, part and/or partial on the basis that information exist in exempt list.
In case of third
party information
request, the public body
will forward the request
to concerned
organization and inform
the requester
accordingly. The public
body will also inform the
requester about the
information which does
not hold. Figure 1: Process of disposal of information request

Figure 2: information Commission
The law assures requester information provision within maximum of ten working days from the
receipt of the information request and grants further 10 working days in case of longer search through
the records and/or place at disparate places and consultation with third party and/or public bodies.
However, it clearly states that information pertaining to protect life and/or liberty of the any individual
will be provided within two working days. A reasonable fee will be applicable for reproducing
information, however, first 20 pages will be provided free of charge.
D. What citizens cannot access?
It is an international practice to exempt certain limited information to be placed in the public
domain. This law also restricts access to information on:
1. international relations and security,
2. disclosure harmful to law enforcement,
3. public economic affairs,
4. policy making,
5. privacy,
6. legal privilege, and
7. commercial and confidential information.
E. What if information is denied?
Any denial to the information request may be challenged and the requester has the right to
lodge a complaint with the information commission. It will be binding upon the public body to prove its
order of non-submission of information to the requester. The information commission will decide on the
complaint within 60 days. If the concerned officer is found guilty of denying information to the
requester and destroying/mutilating the public records, he/she will be punished to the maximum of 2-
years imprisonment and/or fine @ 250 per delayed day to the maximum of Rs: 25,000.
F. What Information Commission is
all about?
This is an independent statutory
body enjoying administrative and
operational autonomy. This commission is
comprised of three members and will be
headed by a senior retired government
officer. Other members include retired
judge, an advocate of High or Supreme
Court and one representative of civil

society. The chief information commissioner and commissioners will hold offices for a term of four years
and shall not hold office after the age of 66 years.
G. How Information Commission can be instrumental?
The primary responsibility of the Information Commission is to address the requester
complaints. However, in addition to this; it will also set rules and minimum standards, adoption of
schedule of charges, user manual, compiling comprehensive report on law implementation and audited
accounts. The commission has powers to:
a) monitor and report the compliance,
b) make recommendations on reforms and comments on legislations,
c) facilitate and/or support training activities for public officials and d) publicize the
requirements and rights of the citizens.
H. Is there any protection for whistleblowers?
For the first time in the legislative
history of the country, law provides protection
to the whistle blowers who bring forward the
wrongdoings and act in favor of larger public
interest.
IX. RIGHT TO “BLOW THE WHISTLE”
The people who know best what is
going on inside any large institution are the
people who work there. The information that
a government chooses to release to the public
may not be the whole truth - it may not even
be the truth at all. This is particularly the case
where wrongdoing or serious mismanagement
is taking place. That is why it is important that
the right to freedom of information includes
the right of officials to make public
information about wrongdoing in the
institution that they work for.
Here are some of the examples of
where it would be justified for a whistleblower
to reveal information to the public:
An example of whistleblowing by a public official
Katherine Gun worked as an analyst for the General
Communications Headquarters (GCHQ), the British
government’s electronic eavesdropping organisation. In early
2003 she received a copy of an email from a US official
detailing plans to eavesdrop on diplomats of member countries
of the United Nations Security Council. Britain and the US were
desperate to win a Security Council resolution authorising their
planned invasion of Iraq.
Gun was shocked by what she read and gave a copy of the email
to a newspaper. The resulting story was a considerable
embarrassment to both governments. Gun admitted that she had
leaked the email and was charged with espionage. In February
2004 charges against her were dropped. Speculation was that the
British government might face more embarrassment if it was
obliged to produce in court the confidential legal advice that it
had used to support the Iraq invasion. In any event, in a country
where half the population opposed the Iraq war, it seemed
unlikely that a jury would have found Gun guilty.
Katherine Gun was not protected under English law. She lost
her job and escaped criminal conviction because the government
was afraid to proceed with her prosecution.
Source: Freedom of information: TRAINING MANUAL FOR PUBLIC
OFFICIALS

• Committing a criminal offence
• Ignoring a legal obligation
• Corruption
• Maladministration in a public body
• Risk to public health
• Threat to the environment
Legal protection for whistleblowers
means that they are protected even if they
have breached their legal or contractual
obligations by revealing information, provided
that they did so in good faith, believing that
the information was true and about a serious
matter of public interest, such as the examples
we have given.
X. ROLE OF MEDIA IN PROMOTING AND
PROTECTING THE RIGHT TO INFORMATION
Article 19 of the Universal Declaration of
Human Rights adopted by the United Nations
states:
“Everyone has the right to freedom of
opinion and expression; this right includes
freedom to hold opinions without interference
and to seek, receive and impart information
and ideas through any media and regardless of
frontiers.” The short section on media in the
Plan of Action (C.9) states that “The media …..
has an essential role in the development of
the Information Society and are recognized as
an important contributor to freedom of
expression and plurality of information.” In
fact, mass media is the most important vehicle
for information, knowledge and
communication in a democratic polity:
a) They are pervasive and play a
significant role in shaping societies;
Campaigning for RTI in the Philippines
In the Philippines, one of the campaigning successes has been
the creation of a very broad-based movement, currently
boasting over 150 members, the Right to Know. Right Now!
Coalition. The campaign overcame some initial resistance
from key sectors, including the media, which originally feared
that the adoption of an RTI law would undermine their
traditional sources of information. In addition to recognising
the importance of RTI and supporting the adoption of a law,
the campaign has been able to build a good level of
appreciation of the nuances regarding RTI, which has helped
with advocacy around specific issues with government. This
has been developed through a series of outreach and
awareness-raising activities, initially organised by the central
campaign but then spreading outwards and downwards
through the activity of member organisations.
Another success factor in the Philippines has been the
utilisation of a good combination of activist forms of
campaigning on the one hand, and high level direct
engagement in/access to formal processes –such as legislative
processes and formal dialogues with the executive– on the
other. Thus, the campaign has worked directly with
Congressmen and Senators to develop and improve RTI
legislation, and with the office of the President to build support
for the law, while also fostering direct action, for example in
the form of demonstrations and popular campaigns.
Finally, the campaign has been able to engage in a positive
way with the international RTI community, while maintaining
its independence. This led, among other things, to the
presentation of a letter with nearly 90 signatures from groups
and individuals from around the world to the Philippine
President and Congress in July 2012, urging them to adopt an
RTI law urgently (available at: http://www.law-democracy.
org/live/wp-content/uploads/2012/08/12.07.19.Phil_.
FOI_.let_.final_.pdf).
Unfortunately, despite the strength of the campaign and its
high level of international support, the government of the
Philippines has failed to take the necessary steps to see an RTI
law adopted in the country.
Source: “Global Right to Information Update published by
Freedom of Information Advocates Network, Page 51/91)

they provide the public sphere of information and debate that enables social and cultural
discourse, participation and accountability.
b) They are the most accessible, cost-effective and widespread source of information and
platform for expression.
Information is power. The media can play a crucial role in building an inclusive Information
Society based on knowledge power and its distribution.
Actions are required in three key areas for media to fulfill its potential:
1. To protect and extend media freedom and independence, and rights of access to information;
2. To actively develop the potential of media to provide information, a forum for debate on topics of
public interest, cultural expression and opportunity to communicate, especially to the poor and
marginalised;
3. To strengthen the capacity of media to promote and help build an Information Society -
raising awareness, channeling civil society concerns, debating policies and holding government,
private sector and civil society accountable.
Traditional systems of information access in India have made journalists dependent on sources
they must cultivate. Whether bureaucrats or politicians, much depends on the privilege and patronage of
the individual source. Such relationships of patronage not only make journalists depend on very feudal
relationships, it often makes them use the information regardless of its veracity.
An RTI regime can enable credible, evidence-based and factual reporting on key issues of public
interest. It can enable the media to expose mal-administration, corruption and inefficiency and to
propagate stories and instances relating to accountability, transparency, effective administration and
good governance. By using the RTI Act, the media can play an important role in highlighting issues
related to public service delivery and the efficacy and accountability of public officials.
Under the RTI Act, the journalists and reporters, like citizens, can:
i. Demand from the Government information pertaining to any of its departments
ii. Demand photocopies of Government contracts, payment, estimates,
measurements of engineering works etc.
iii. Demand from the Government certified samples of material used in the construction of
roads, drains, buildings etc.
iv. Demand to inspect any public development work that may be still under construction or
completed
v. Demand to inspect Government documents - construction drawings, records books, registers,
quality control reports etc.
vi. Demand status of requests or complaints, details of time delays, action taken on Information
Commission’s decisions etc.

vii. The media can play a constructive role in the governance process by:
a. Catalyzing Effective Implementation of the Act:
As the ‘fourth pillar of democracy’, the media not only has an important stake in what the RTI
Act purports to provide and achieve, but also in catalyzing and entrenching the implementation and
enforcement of this significant piece of legislation.
b. Providing Information to the Citizens and Building Awareness on the Act:
Despite the provisions that have been made to access information, citizens resort to media like
newspapers, radio, television etc. for day to day information about public authorities and their activities.
The media provides a link between the citizens and their government. The media’s right to information
or right to tell is not a special privilege but rather, an aspect of the public’s right to know. The media
should fulfill this obligation.
c. Giving Voice to the Citizens:
As part of the civil society, the media has an obligation to articulate the needs and aspirations of
the people. Using the Act, the media can highlight key issues faced by the citizens, particularly those
faced by the poor and voiceless.
d. Acting as a Watchdog on behalf of the Citizens:
The best service that the media can provide to the public, whether in a mature or emerging
democracy, is that of a community watchdog. Journalists should see and perform their role keeping in
mind public interest. Using RTI, the media can expose corruption and inefficiency. However, in
performing a watchdog role and digging out the truth, journalists should be careful in interpreting facts
and evidence.
It is important that the media plays the role of an honest broker of information for its readers
without deliberate bias or favouritism. The media must consider its independence to be its most
valuable commercial, editorial and moral asset. Maintaining its independence through professional
behaviour and a code of conduct that is subscribed to by all journalists, the media can be a powerful
user of the RTI Act and an agent for the empowerment of people through an Information Society. The
objective of the Act to usher in a practical regime of right to information cannot be attained without a
proactive role played by the media.
e. Suggested Areas for Action by the Media
Media can use the RTI Act in discharging the following roles:
i. In monitoring implementation of the Act

ii. In reporting on the effectiveness & efficiency of public service delivery
iii. In highlighting corruption and fraud related issues
iv. In highlighting citizen grievances
v. In highlighting significant cases or efforts made by organisations /individuals onRTI.
However, it needs to be noted that the suggested areas are selective and are provided only to
guide the media to effectively use the RTI Act provisions.
XI. EMPOWERMENT THROUGH INVESTIGATIVE JOURNALISM5
The exercise of right to information brings about qualitative change in the lives of people. It is
clear that these are matters of public interest. The question arises as to how public accountability in
matters pertaining to public interest be ensured? For this, we will have to understand the role of the
media as a fourth estate in democratic system of governance. The fourth estate model dictates the
media to make government accountable by publishing information about matters of public interest even
if such information reveals abuses or crimes perpetrated by those in authority. From this perspective,
investigative reporting is one of the most important contributions that the press makes to democracy
and, resultantly, to the citizens. Investigative journalism also contributes to democracy by nurturing an
informed citizenry. Information is a vital resource to empower public that ultimately holds government
accountable through voting and participation.
Furthermore, citizen activism helps media to monitor the performance of public institutions and
share the findings with the citizens. When we take into the consideration the fact that most people do
not exercise their right to freedom of information in a direct and personal way, the significance of
investigative reporting becomes all the more important. People rely heavily on mass media –
newspapers, radio, television and, increasingly, the Internet-in order to have access to information.
Therefore, it is the responsibility of the journalists to empower the citizens by exercising the right to
information on their behalf, in matters pertaining to public interest, through investigative reporting.
That is why journalists are not only supposed to use access to information laws, firstly, to inform
themselves, but also, to better inform the public. This brings us to the sources used by the journalists to
access information.
XII. RTI IN THE SOUTH ASIAN REGIONAL CONTEXT
Four countries have right to information laws within the South Asian region: Pakistan (2002),
India (2005), Nepal (2007) and Bangladesh (2008). Implementation in both Pakistan and Bangladesh
remains weak, while in India, implementation has been extremely strong at a number of levels. There is,
in particular, a very powerful grass‐roots narrative around the right to information as a tool for
combating corruption, for extracting accountability and for ensuring the delivery of entitlements and
5
Based on: ‘Manual on Using Right to Information (RTI) Tools by CPDI Islamabad’.

services.
The Indian experience represents huge potential for other regional counterparts in a number of
ways, including as a source of inspiration, examples and expertise. At the same time, there are potential
drawbacks if they attempt to follow the Indian course too closely, as it lacks the much more robust
structures and popular base of support that pertains in India. Such as, the Indian influence can be seen
in some of the appeal cases in Nepal – for example relating to access to exam answer sheets and judicial
records – which parallel high‐profile cases in India. Unfortunately, these examples relate to elite
requesters while the powerful grass‐roots experiences from India do not seem to have translated to
other countries.
XIII. RTI INTERNATIONAL TREND6
The first RTI law was enacted by Sweden in 1766, largely motivated by the parliament’s interest
in access to information held by the King. The Swedish example was later followed by the US, which
enacted its first law in 1966 and then by Norway in 1970. The interest in Freedom of Information (FOI)
laws took a leap forward when the US, reeling from the 1974 Watergate scandal, passed a strong FOI
law in 1976, followed by several western democracies enacting their own laws (France and Netherlands
1978, Australia, New Zealand and Canada 1982, Denmark 1985, Greece 1986, Austria 1987, Italy 1990).
By 1990, the number of countries with FOI laws climbed to 13. A big step forward was the EU Charter of
Fundamental Rights in 2000, which included both freedom of expression and the right of access to
documents.
By 2010, more than 85 countries have national-level RTI laws or regulations in force including
the major developing countries like China and India. Of all these, Mexico has taken the lead with one of
the best examples of a well-functioning FOIA in the world. The law passed in 2002 represents a vital
element of Mexico’s democratic transition and became a model worldwide. A well competent
governmental body (Instituto Federal de Acceso a la Información) is entrusted with the responsibility of
implementation and overseeing the law. Handling over 200,000 requests in its first five years, have
resulted in Mexico setting a new international standard for transparency legislation.
In Asia so far almost 20 nations have adopted FOI laws including Kazakhstan (FOI Act, 1993),
South Korea (Act on Disclosure of Information by Public Agencies, 1996 adopted in 1998 and amended
in 2004), Japan (Law concerning Access to information, 1999 came into power in 2001 and amended in
2003), China (Open Government Information Regulation, 2008 which came into effect in 2009) and
Indonesia (FOI Law, 2008 which came into force in 2010). In South Asia, countries such as Afghanistan,
Bhutan, Maldives and Sri Lanka, have not adopted any related legislations. Only Nepal (2007),
Bangladesh (2009), Pakistan (2002) and India (2005) have such laws.
In Pakistan, the FOI Ordinance passed in 2002 has provision for fine up to Rs. 10,000 when
6
Extracted from: ‘Analyzing the Right to Information Act in India, by Simi T.B., Madhu Sudan Sharma & George
Cheriyan of and for CUTS International, 2010’.

complaints are deemed to be frivolous, vexatious or malicious by the Ombudsmen. In Nepal, the law
requires public agencies to update and publish 12 different kinds of information(s) by themselves on a
periodic basis. Likewise, in Bangladesh, request for information cannot be rejected on the ground of
national security. Jordan is the only Arab country to have enacted a RTI law.
In Africa, the progress on the enactment of RTI laws has been more modest. The South Africa’s
Promotion of Access to Information Act, 2000 came into force in 2001 remains unique in Africa being
the only such law that permits access to records held by private as well as public authorities. Followed
by South Africa, Zimbabwe adopted the ‘Access to Information and Privacy Protection Act, 2002,’ though
it is very weak. In three other African nations: Angola (Access to Administrative Documents Act, 2002
which was further amended in 2006); Uganda (Access to Information Act, 2005 which came into power
in 2006); and in Ethiopia (Law on Mass Media and FOI, 2008 amended in 2010) FOI Acts were adopted
which have been constrained by poor implementation.
Kenya’s efforts to enact an FOI law dates back several years but in recent times has been
most apparent through the publishing of draft FOI Policy and FOI Bill 2007 by the Government of Kenya
in April 2007. The published bill has very progressive provisions, but its enactment is still awaited. In
Zambia, a FOI Bill 2002 was placed in the Parliament but withdrawn in 2002 itself, with the government
justifying the withdrawal on the basis that it wanted to consult widely on the Bill. The new Bill has yet to
be reintroduced in the Parliament. The Constitution of Ghana guarantees the people, freedom of
information. In Ghana, the FOI Bill has been drafted but not yet passed by the Parliament.
XIV. RTI - SUCCESS STORIES AND LESSONS LEARNING FOR CIVIL SOCIETY 7
a) South Asia
Constitutional protection accorded to the right to information in Pakistan and Nepal,
and the enactment of RTI laws in Pakistan, India, Nepal and Bangladesh, are some of the major
achievements to which civil society groups working on the right to information have contributed in
South Asia.
In India, when encountering problems in exercising their rights, or with the functioning
of the administrative system, instead of paying bribes, which had become almost a norm in the past,
people are submitting information requests. In other words, people are submitting information requests
in order to obtain access to basic services like the issuance of official documents (such as passports or
ration cards), installation of electricity and gas meters, or obtaining their pensions, which in the past was
often difficult without offering bribes. Many requests are successful and a recent study by Yale
university students showed that submitting information requests to get ration cards was almost as
7
Based on: Global Right to Information Update, An Analysis by Region by Freedom of Information Advocates
Network, July 2013.

effective as offering bribes.
The effectiveness of the Indian RTI Act is serving as a beacon of light for other South
Asian countries. This can be gauged, for example, from the fact that recently the Chief Minister of
Punjab stated in an official meeting that he wanted to enact in Punjab an RTI law which was as effective
as the Indian one. However, the Indian success story of connecting RTI with the issues of the common
people has not yet been replicated in other countries in South Asian.
Initiatives by civil society groups have greatly contributed to RTI being given explicit
constitutional protection in Article 50 of the Constitution of Afghanistan, 2004, Article 27 of the 2007
Interim Constitution of Nepal, Article 7 of the Constitution of the Kingdom of Bhutan, 2008 and through
the insertion of Article 19-A in the Constitution of Pakistan, through the 18th Amendment in 2011.
In addition to constitutional developments, civil society efforts have led to the recent
enactment of RTI laws in different countries in the region, in the shape of the Indian Right to
Information Act, 2005, the Nepal Right to Information Act 2007 and the Bangladesh Right to Information
Act 2010.
In Bhutan, Sri Lanka, the Maldives and Afghanistan, RTI laws have been drafted but not
yet enacted. In Sri Lanka, the Justice and Legal Reforms Minister announced on 5 April 2010 that the
draft Freedom of Information Act had been finalised, but this law has still not been enacted. The same is
the case in the Maldives, where a draft Freedom of Information law was prepared as far back as 2005.
but has not yet been enacted (there is, however, a 2008 regulation on RTI). In Bhutan, a draft RTI law
was sent to the Legislative Committee for comment on 16 March 2012. In Afghanistan, after
consultations with civil society organisations, the government prepared a draft RTI law in 2000, but it
has not yet been enacted.
Civil society groups work on RTI in South Asia
Civil society groups started working on RTI in the mid-1990s in South Asia. With the exception of
India, where Mazdoor Kisan Shakti Sangathan (MKSS), an organisation established in 1990 that works
with workers and peasants in the villages of Central Rajasthan) and the National Campaign for People’s
Right to Information (NCPRI, established in 1996) have played a significant role in the right to
information movement, the contribution of civil society groups in other countries of the region is far
more muted.
In most countries in South Asia, civil society groups working on RTI are largely dependent on
institutional funding from western donors, and there are few civil society groups or individuals in the
region working on RTI that are not dependent on Western funding. If this source of funding were to be
cut off, it would deal a severe blow to RTI movements in these countries.
Lack of transparency in their operations and poor governance structures are two major

weaknesses that some civil society groups working in the area of RTI in South Asia suffer from. Some
civil society groups have been founded mainly to promote personal interests, and, in these cases, one
common practice is the appointing of friends and relatives onto largely ineffective governing boards.
These groups have therefore become commonly referred to as MoNGOs (My Own NGO). These groups
reflect negatively upon other groups. This has led to a realisation within the civil society groups working
in the area of RTI that they should set an example to governments by becoming more transparent and
open in their functioning.
This is consistent with provisions in the Nepali and Bangladeshi RTI laws which include NGOs
within their scope. The inclusion of NGO’s alongside public bodies within the scope of RTI laws has also
been proposed in a private member’s RTI bill in Pakistan, as well as in the model right to information law
put forward by the Centre for Peace and Development Initiatives (CPDI). At the same time, these rules
have created problems in implementation of the RTI laws in Nepal and Bangladesh, as they have meant
that an important potential demand side presence, namely civil society, has been reluctant to engage
with the law.
Networking, institutional memory and high levels of motivation of some RTI activists are some
of the major strengths of civil society groups in South Asia. Most of these belong to national, regional
and/or international RTI networks. As a result, not only do these groups benefit from in-depth
discussions and information sharing about latest developments on RTI, but these networks also
generate a sense of camaraderie. Most of the civil society groups working on RTI in South Asia are
members of Freedom of Information Advocates Network (FOIAnet). Recently, in collaboration with the
Affiliated Network for Social Accountability, South Asia Region (ANSA SAR), the Commonwealth Human
Rights Initiatives (CHRI) launched the South Asia Right to Information Advocates Network (SARTIAN).
Some groups in the region have now been working for a decade on RTI issues and, as a result,
have long institutional memories about the various developments that have taken place not only in their
own countries, but also at the regional level. Finally, a core strength of civil society groups are highly
dedicated and motivated RTI activists, some of them well known at the national, regional and
international level, who not only take their work on RTI as a profession but as a personal commitment.
The disconnect between citizens and the state, while an important weakness, can also be seen
as a great opportunity for civil society groups working on RTI issues. This disconnect is one of the
legacies of the colonial era which is prevalent, in varying degrees, in India, Pakistan, Bangladesh and Sri
Lanka. Owing to this colonial legacy, the relationship between officials and citizens is not one of ‘public
servants’ and ‘citizens’ but one of ‘the rulers’ and ‘the ruled’, which is strengthened and nurtured
through secretive ways of functioning and denial of RTI. This relationship needs to be changed, which is
possible only if transparent functioning of public bodies and greater access to information is ensured. To
achieve this, a lot needs to be done. There is a recognised need for higher transparency standards and
further work by groups specialising on RTI.

b) Use of the Right to Information Act by CSOs in India8
The EU currently provides financial support to almost 80 Indian civil society organisations (CSOs)
working in a different sectors ranging across human rights, health and environment, livelihoods and
vocational education and training.
The RTI Act is proving to be a powerful tool for CSOs across India. They are using and raising
awareness about the RTI Act in a variety of ways, some of which have received funding from the EU. For
example, the Asian Centre for Human Rights (ACHR) - an organisation dedicated to the promotion and
protection of human rights and fundamental freedoms in the Asian region - recently used the RTI Act to
assess how much government funding is going to NGOs through the different Ministries. There are
numerous schemes for NGOs, but little analysis on who benefits, how much they receive and what the
impact of their work is.
Collecting the necessary data was not an easy task, but the RTI Act proved crucial in accessing
the information: ACHR used RTI applications to obtain information regarding financial grants to NGOs
and so-called voluntary organisations (VOs) through different government and state ministries and
departments. They found that the Indian government annually provides at least € 140 million to
NGOs/VOs through various government schemes, most of which is not adequately monitored after it
has been disbursed.
The organisation also uses RTI applications in its EU-funded project to reduce violence against
children in conflict with Indian law. Most of the reports produced under this project, covering different
aspects of violence within the juvenile justice system, are based on previously unavailable information
obtained through the RTI Act. "These are government data and as a result, there is little room for the
government to dismiss it. This is one reason for the reports having the impact [they have]." says Tejang
Chakma, Research Coordinator at ACHR. The reports are being used to raise awareness on violations, to
promote accountability and to incentivise stakeholders to carry out their respective responsibilities.
The People's Vigilance Committee on Human Rights (PVCHR) - a human rights organisation
based in Northern India fighting for the rights of marginalised people - is using the RTI ACT in a different
way. As part of its EU-funded project 'Reducing police torture against Muslim minority at the grassroots
level by engaging and strengthening human rights institutions in India', PVCHR is supporting victims of
human rights violations in making RTI applications. The organisation is raising awareness about the RTI
Act and showing people how they can use it for their benefit.
In 2012 alone, the organisation supported over 204 people in submitting RTI applications. The
RTI applications are used, for example, to check if disciplinary action was taken against police personnel
involved in torture, to ask for progress reports of investigations or to get the reasoning behind a
8
Based on article retrieved from: http://capacity4dev.ec.europa.eu/article/csos-india-use-right-information-act-
accountability-and-transparency#sthash.RAyVAWnz.dpuf

decision (not) to provide compensation for cases of police violence. In many cases, the RTI applications
have helped victims get ahead in their struggle for justice.
Parmarth, an Indian organisation working in some of the most deprived areas of Uttar Pradesh
in Northern India, is implementing a project to reduce the vulnerability of the community by securing
water management through women’s participation. With EU support, the organisation is mobilising and
supporting collectives of women organised into so-called Pani Panchayats (water councils) on a
community level. These Pani Panchayats are voluntary councils in charge of equitable water distribution
at the community level.
Pani Panchayat members have received training on the RTI Act and on how to use it to obtain
the information that they need. Subsequently a number of Pani Panchayats have succeeded in filing RTI
applications and obtaining lists of those in their communities who live Below the Poverty Line (BPL).
People with BPL status are eligible for a number of special benefits and support schemes, such as ration
cards or subsidized reproductive and child health services. Through the obtained list, they managed to
link the poorest members of their communities to these schemes so that they could access these
benefits. For example, following its RTI application the Pani Panchayat in the village of Kalothara
received the BPL list within 15 days, which allowed it to identify those households eligible for special
schemes. As a result, several of the poorest households in the community benefitted from toilet
constructions in their homes.
This last example also highlights one of the main challenges in implementing the RTI Act: the
lack of awareness, particularly in rural areas. Many people remain unaware of the very existence of the
RTI Act, or of the process of making a RTI application. ACHR, PVCHR and Parmarth are doing their share
of educating citizens so that they can use the RTI Act as a tool for change in their own lives and in their
wider communities.
c) Implementation of RTI in Nepal – Prospects for Civil Society 9
In most countries, civil society plays a central role in promoting respect for the right to
information, in addition to any responsibilities these organisations may have as public bodies. One of
the main roles of civil society in many countries is to build the demand side of the right to information
system. It is perhaps useful to distinguish between NGOs which focus directly on promoting the right to
information as part of their work and other civil society organisations, which may use the right to
information to facilitate their work. It would appear that neither group is making much use of the RTI
Act at present and that, in particular, the rate of requests for information remains very low. There is
thus an urgent need to build demand.
In most countries, civil society also plays an important role in raising public awareness about the
right to information, thereby creating a different sort of demand, as individuals request information for
9
Source: Implementation of the Right to Information in Nepal: Status Report and Recommendations, The World
Bank January 31, 2011

personal reasons. The media clearly play an important role here, but other civil society organisations can
also disseminate important messages about the right to information. There is an almost unlimited
variety of ways in which civil society can create demand and build awareness. Local groups need to
design programmes which fit with their capacities, human and financial, and other programmatic
activities. However, a few general success factors may be identified:
• Use existing networks: There are 1000s of NGOs in Nepal and many belong to networks of one
sort or another. These networks can play an important role in spreading information about the
right to information to their members. Regional NGO centres and existing meetings can, for
example, be used to host awareness sessions and to provide practical advice about how to use
this right.
• Work at the local level: NGOs which work at the local level can be particularly important in
raising awareness among sectors of the public that can be hard to reach in other ways.
Furthermore, secretive practices and culture are often more entrenched at the local level,
making the right to information all the more important.
• Generate evocative success stories: Success stories are always useful, but some are more useful
than others. So far, in Nepal, many of the more high‐profile stories around the right to
information involve elites rather than grass roots requesters (medical students, judges, civil
servants). In contrast, in India, powerful stories about the right to information being used to
redress corruption against the poorest of the poor have created a massive groundswell of
support for the right. Civil society groups in Nepal need to generate more stories along those
lines.
• Use innovative tools: Linking the right to information to modern tools to promote good
governance can create powerful synergies and facilitate vertical accountability. Tools such as
citizen report cards and social audits, for example, have been used to great effect in conjunction
with the right to information in many countries. Linking the right to information to participatory
opportunities can also be very effective.
d) Access to Information and Access to Food – case study from India
This case study is about access to food and is based on the efforts of an 18-year-old boy from
India, utilising the power of RTI to assist his villagers gain access to their rightful food rations and, more
importantly, to stimulate the state government to take a policy decision on this issue. India has the
largest number of people living in poverty of any country. One government measure to ensure that
people escape the harshest affects of severe poverty is the granting of ration cards, granting people
subsidized food supplies. In 2008, the state of Gujarat issued nearly 8.95 million Above Poverty Line
(APL) food ration cards and 3.55 million Below Poverty Line (BPL) cards. The latter category included
some 0.81 million cards for those in the Antyodaya Anna Yojna (AAY) category, which caters to the
poorest of the poor. In all, nearly 13.3 million ration cards were issued to ensure the availability of
wheat, rice, sugar and kerosene to the poorer sections of society at highly subsidised rates.

Bhadresh Wamja of Saldi village, around 225 km from Gandinagar, Gujrat’s state capital, was a
Bachelor of Commerce student. Falling into the APL category, Bahdresh’s family was entitled to receive
10kg wheat at Rs10 per kg, 2kg rice at Rs7.25 a kg and 2 litre of kerosene per person at Rs12.53 to
Rs13.43 a litre20. On hearing his friends’ complaint that they never got their rations, Bahadresh visited
the fair price shop to try out his own ration card. The shopkeeper informed him that he had not received
stocks from the government for many months. In February 2011, Wamja filed an application with the
tehsildar (tax collection officer), but before an inspection could be conducted, the shopkeeper had
already moved the stock out of the shop. Therefore, normal controls were not able to verify what the
problem was with food supplies in the shop.
Wamja phoned a local NGO in Ahmedabad, Mahit Adhikar Gujarat Pahel, which advised him to
file an RTI request with the deputy tehsildar and make a police complaint. Wamja also visited the office
of the district supply officer (DSO), where he found out to his great surprise that the shopkeeper was
supplied with 8,306 kg of wheat on a regular basis and 1,599 kg extra wheat between August 2010 and
January 2011. According to the documents which Wamja received from his RTI request, the shopkeeper
had supplied the entire stock to ration card holders. This indicated that the shopkeeper was lying to the
villagers when he had stated that the government had not provided him with any stock.
Due to these efforts, the tehsildar was forced to investigate again, and he found that nine out of
10 villagers had received nothing. Clearly, rations had been diverted, indicating corruption. A report was
filed and an inquiry was held. Both found that corrupt practices had taken place. The shopkeeper was,
however, not prevented from distributing the food rations but was given a strict warning to mend his
ways.
Following other similar cases, the Food, Civil Supplies and Consumer Affairs Department issued
an order, dated 4 March 2011, to all tehsildars and fair price shop licensees in Gujarat, directing them to
disclose on a proactive basis ration supply information on the walls of fair price shops as well as at the
tehsil level.

Annex-1
FINDINGS AND RECOMMENDATIONS OF THE RTI INDEX 2012-13 REPORT10
FINDINGS OF THE RIGHT INFORMATION INDEX 2012-13:
Following are key findings of Right Information Index 2012-13.
Ineffectiveness of RTI Legal Regime:
The existing right to information laws in the field are largely ineffective. The right to information
laws in the country do not meet the international standards of an effective law and the regional best
practices. Especially, these laws have weak implementation mechanism. Unlike Indian Right to
Information Act 2005, the laws do not impose penalty on the public official when information request is
unlawfully denied.
Lack of Responsiveness of Public Bodies:
Public bodies do not respond to information request even when simple information about the
allocated budget and its utilization for a quarter of a financial year is requested under the right to
information laws of the land. Only 6 out of total 70 public bodies provided the requested information
signifying the low priority of public bodies in terms of responding to information requests.
Ombudsman-A Toothless Appellate Body:
The office of Ombudsman is a toothless appellate body with regard to taking action on
complaints lodged against public bodies for not providing requested information under the right to
information laws. Only 11 public bodies out of total 64 public bodies at all three tiers of government
provided information on the intervention of Ombudsman. It should be kept into consideration that
these information requests pertained to allocated budgets and its utilization. In more serious cases,
perhaps public bodies might have ignored the intervention of Ombudsman altogether as Ombudsman
cannot impose any penalties and its decisions are only recommendatory in nature. Furthermore, instead
of writing to public bodies to provide the requested information, the person lodging complaint is asked
to appear for hearing.
RECOMMENDATIONS OF THE RIGHT INFORMATION INDEX 2012-13:
Need for Repealing Existing Right to Information laws:
The existing right to information laws are inadequate and ineffective. The Freedom of
Information Ordinance 2002 and its replicas in Sindh and Balochistan in the shape of Sindh Freedom of
10
Source: Pakistan Right to Information Index 2012-13, Unpublished Report of CPDI Islamabad, June 24, 2013

Information Ordinance 2006 and Balochistan Freedom of Information 2005 need to be repealed and
new laws should be enacted. The Provinces of Punjab and Khyber Pakhtunkhwa where there is no
legislation on right to information need to enact right to information laws. The new right to information
laws should be enacted only after consultation with right to information experts and civil society groups
working in the area of right to information.
Replacing Ombudsman with Independent and Autonomous Information Commissions:
Any law is as good as its implementation mechanism. There is need for independent and
powerful information commissions at federal and provincial levels. These information commissions
should be given budgetary and administrative autonomy. It should be ensured that there is equal
representation of civil society, bureaucracy and judiciary in the composition of these information
commissions. Taking decisions on contentious matters pertaining to the right to information is a
specialised job which should only be entrusted to an independent and autonomous information
commission. Furthermore, the role of the appellant body pertaining to the right to information is not
just to decide disputes regarding access to information which often involves vested interests and
powerful mafias, and requires certain skills and competencies. Its functions also include ensuring the
proactive disclosure of information, issuing guidelines in this regard to the government and presenting
an annual ‘state of right to information’ in the country to the legislative body. The argument that the
establishment of a new entity will incur extra expenditures does not really hold water. The benefits of
an accountable and transparent government resulting from the efforts of a powerful information
commission will far outweigh the costs of establishing such an institution.

Annex-2 Advocacy Campaign for RTI – a case study11
11
Reproduced from a case study by CPDI Islamabad

Annex-3
RTI - NEWSPAPER CLIPPING
My right to know12
A lot remains to be done to make people aware about the right to information law in KP by Gulbaz Ali Khan
It is the right of the general public to seek information. But it is really a challenging task when a
government department is not willing to share. As we know, easy access to information is not only
helpful in empowering the poor and the vulnerable groups in society but also reduces incidence of
corruption and injustice. It is time that all democratic governments take a step towards openness and
transparency.
The elections in 2013 have brought four major parties in power in four provinces of Pakistan. It has
started healthy competition among all the ruling parties to take lead in showing performance, especially in
governance and local service delivery. In this regard, legislations on the Right to Information (RTI) and
local governments are underway. In few provinces, it has been presented and passed by the provincial
assemblies. KP has taken lead in developing a comprehensive RTI law ahead of all provinces.
Through broad-based consultations and deliberations by the government of Khyber Pakhtunkhwa, a
law was enacted on August 13, 2013 in this regard. The leadership of PTI-led coalition in the province
has initiated steps in promoting transparency and accountability and is in the process of developing
citizen-friendly good governance laws and RTI is one of them.
On August 15, 2013, PTI Chairman Imran Khan announced the law in a packed seminar in Peshawar
and gave a briefing on the salient features of the law and its relevance to promoting good governance in
KP. The ceremony was attended by a large number of government officials, common citizens, activists,
media and civil society organisations. A majority of the stakeholders applauded the efforts of the
provincial government for a broad-based consultation for development of RTI law in province.
What makes this law different from the earlier toothless versions is its easy citizen-friendly process of
getting access to a wide range of pro-active and on-demand information in the public interest. It
encourages a pro-active disclosure of information, which must be placed in a printable format in the
public domain for wider use.
The procedure would be something like this. An information request, subject to payment of
reasonable fee, will be dealt by the Information Officer. A receipt will also be issued to the requester upon
submission of a request.
Under the law, the relevant department is bound to provide information within 10 days, extendable to
another 10 days in case information is not properly stacked and requires search. It ensures quick provision
of information in only two days in case it is deemed necessary to save human life.
It is argued that the literacy level in Khyber Pakhtunkhwa differs in different areas and the gender
divide is clear, restricting a majority of the population to make use of this law. But, this binds an
12
Source ‘My right to know’ The News article by Gulbaz Ali Khan, published on 15.09.2013, Retrieved from
http://www.cssforum.com.pk/general/news-articles/41513-news-political-economy-opinion-analysis-25.html

information officer to provide assistance to the requester in submitting the request and also elaborating
the required information.
Any delay or holding of information request can be challenged. A requester has the right to lodge a
complaint with the information commission. It will be binding on the public body to prove its position.
The information commission will decide about the compliant within 60 days. If the concerned officer is
found guilty of denying information to the requester and destroying/mutilating the public records, he/she
can be awarded punishment of a maximum of 2-years imprisonment and or fine of Rs250 per delayed day
to the maximum of Rs25,000.
Unlike an Ombudsman as an appellant body, the Information Commission will be established within
120 days, headed by Chief Information Commissioner and supported by three Commissioners from
retired government officers and members from the judiciary, bar council and civil society. This
commission’s prime responsibility is to dispose off the requester complaints, however, it will also
develop rules and standards, publicise RTI, conduct awareness and training activities, etc.
The law also provides protection to whistleblowers who bring wrongdoings in limelight in the larger
public interest. Though the government has shown its commitment of promoting good governance and
transparency through inclusion of citizens into government functions, it seems a gigantic task to fully
implement the law in such a debilitating socio-economic and fragile security conditions.
While speaking during a seminar on RTI, Secretary Information asked the civil society and media to
give support in ensuring proper use of this law by the common citizen. This is something already being
practised in India where a peanut vender in a small town can hold an Assistant Commissioner accountable
for misuse of government vehicles by having access to information through RTI. Citizens in Khyber
Pakhtunkhwa can also avail the offer only if they know about the law.
KP is lucky as it houses institutions where common citizens are engaged in management and
oversight. Parent Teachers Councils (PTCs) in the education sector, Primary Care Management
Committees (PCMC) in the health sector and Water User Committees (WUC) in the water sector have
been instrumental in transforming decision-making into a more inclusive and participatory exercise,
resulting in improved service delivery.
The social service committees have their workforce engaged constructively both with the community
and administration to provide an opportunity to the government for wider RTI promotion and awareness.
Once this huge social workforce knows about the RTI, its use and effectiveness in holding local
administration accountable, it will add to a faster social change at the grassroots level. An effective
strategy, engaging these committees, will transform their members into local RTI activists.
The writer is a social accountability expert based at CESSD, Peshawar and can be reached at gulbazali@gmail.com

Annex-4
BIBLIOGRAPHY
1. A Briefing paper on Right to Information Legislation in Khyber Pakhtunkhwa, Prepared by Citizen
Engagement for Social Service Delivery. Peshawar, November 2013
2. Briefing Paper Analyzing the Right to Information Act in India, by Simi T.B., Madhu Sudan
Sharma & George Cheriyan of and for CUTS International, 2010.
3. Daniel Metcalfe, Faculty Fellow in Law and Government of the American University’s
Washington College of Law
4. Global Right to Information Update, An Analysis by Region by Freedom of Information
Advocates Network, July 2013.
5. http://capacity4dev.ec.europa.eu/article/csos-india-use-right-information-act-accountability-
and-transparency#sthash.RAyVAWnz.dpuf
6. Implementation of Right to Information in Nepal: Status Report & Recommendations, The World
Bank, January 31, 2011.
7. Implementation of the Right to Information in Nepal: Status Report and Recommendations, The
World Bank January 31, 2011
8. Manual on Using Right to Information (RTI) Tools by CPDI Islamabad.
9. Pakistan Right to Information Index 2012-13, Report by Gulbaz Ali Khan, CPDI Islamabad, June
24, 2013
10. Right to Information Practical Guidance Note by Andrew Puddephatt (Executive Director Article
19) in collaboration with the Oslo Governance Centre, United Nations Development Programme
Bureau of Development Policy Democratic Governance Group, July 2004.

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