(ARTICLE 19/IFEX) – The following is a 4 December 2002 ARTICLE 19 press release: PAKISTAN FAILS TO GUARANTEE ACCESS TO INFORMATION The Freedom of Information Ordinance recently promulgated by the President of Pakistan fails to guarantee the right of citizens to access information held by public bodies or to meet international standards in this area, […]
(ARTICLE 19/IFEX) – The following is a 4 December 2002 ARTICLE 19 press release:
PAKISTAN FAILS TO GUARANTEE ACCESS TO INFORMATION
The Freedom of Information Ordinance recently promulgated by the President of Pakistan fails to guarantee the right of citizens to access information held by public bodies or to meet international standards in this area, which are designed to promote transparent, accountable government. An analysis recently published by ARTICLE 19, Global Campaign for Free Expression (1), highlights the shortcomings of this Ordinance, which defines public records narrowly and then provides for an extensive regime of exclusions and exemptions.
The Freedom of Information Ordinance 2002 contains some positive features, such as a 21-day timeframe for the release of information and the inclusion of courts and tribunals among those required to disclose information.
However, large amounts of information are not subject to disclosure under the Ordinance, largely undermining the public’s right to know. Instead of applying to all records held by public bodies, the Ordinance provides a restrictive list of public records subject to disclosure. Equally serious is the long list of complete exclusions and exemptions provided for in the law, which include all file notings, all previously classified documents and any document relating to defence. Furthermore, the Federal Government has the power to exclude even documents which are covered if to do so would serve the “public interest.”
Other problems with the Ordinance are its failure to require public bodies to preserve records adequately and the very limited positive obligation to publish key information.
Toby Mendel, Head of Asia Programme, ARTICLE 19, says:
“The adoption of this Ordinance was an opportunity to provide for an effective guarantee of the right to information in Pakistan. Instead, the authorities have opted for a law which is excessively narrow in scope and full of exceptions.”
ARTICLE 19 calls on the Pakistani authorities to reconsider this Ordinance and to replace it with one that, in line with international standards, applies to all records held by public bodies and is subject only to narrowly drawn exceptions.
1. Copies of the analysis can be found on the ARTICLE 19 website, at www.article19.org
