Right to Information Law | 'Whistleblowers' get legal protection in KPK.

[Kompromat]

Whistleblowers get protection in new KP law

WASEEM AHMAD SHAH

PESHAWAR: The Khyber Pakhtunkhwa Right to Information Ordinance (RTIO) was unveiled by the provincial government on Sunday.

The ordinance makes it binding upon the government to set up an independent information commission and makes obstruction in access to any record a penal offence punishable by up to two years imprisonment.

The ordinance, promulgated by the governor on Aug 13, was made public at a ceremony attended by Pakistan Tehreek-i-Insaf chief Imran Khan, Chief Minister Pervez Khattak, ministers and MPAs.
For the first time in the country, the law provides protection to “whistleblowers”, stating that no one may be subject to any legal, administrative or employment-related sanction, regardless of any breach of a legal obligation, for releasing information on wrongdoings, or which would disclose a serious threat to health, safety or the environment, as long as they acted in good faith.

Mr Khan said the RTIO was the most important component of the PTI’s election manifesto and through it the government intended to ensure transparency and accountability in its affairs. He said other major items on the party’s agenda would also be implemented soon, including setting up of an independent accountability commission for which final touches were being given to a proposed law; introducing a genuine local government system aimed at empowering people at the grassroots level and bringing revolutionary changes in education and heath sectors.

Chief Minister Khattak and Information Secretary Azmat Haneef Orakzai explained the salient features of the ordinance, whose constitutional life was 90 days. After that it would be laid before the provincial assembly for making it an act. The ordinance envisages establishment, within 120 days, of an information commission to be headed by a retired senior government servant as chief information commissioner and three other members, including a retired judge of the high court to be appointed by its chief justice; a advocate to be appointed by the bar council; and a representative of the civil society to be appointed by the Human Rights Commission of Pakistan.

Anyone who believes that his request seeking information has not been dealt with in accordance with the law has a right to lodge a complaint with the commission, which shall take a decision within 60 days. The commission shall have the power to order a public body to disclose information to a requester and to impose a fine of up to Rs250 per day, up to a maximum of Rs25,000 on any official acting willfully to obstruct any activity required to be undertaken under the ordinance.

The law makes it a penal offence if a person willfully obstructs access to any record with a view to preventing the exercise of a right provided for in the ordinance; obstructs the performance by a public body of a duty under this law; destroys a record without lawful authority; or interferes with the work of the information commission. Anyone committing any of these offences shall be liable to a fine of up to Rs5,000 or imprisonment for up to two years.

Although Sindh and Balochistan had introduced a similar law in 2006 and 2005 respectively, experts termed the KP law more progressive since it envisaged the setting up of an information commission. However, Ahmad Bilal Mahboob of the Pakistan Institute of Legislative Development (PILDAT) and Zahid Abdullah of the Centre for Peace and Development Initiatives, suggested that the role of the HRCP and the bar council in appointment of members of the commission should be done away with and a committee comprising members of the provincial assembly, from both the treasury and opposition benches, should select its head and other members.

Whistleblowers get protection in new KP law

 

[Leader]

PTI govt in KPK as promised has issued Right to Information Ordinance.


PTI is voluntarily applying this Law to its own functioning. Any member of the public can seek access to information about PTI in accordance with the concept of RTI Law.


KP RTI (Right to Information) Ordinance, 2013 > Pakistan Tehreek-e-Insaf > Insaf News


here is the copy of the ordinance:

KP RTI (Right to Information) Ordinance, 2013

slowly but surely.

 

[Leader]

@AstanoshKhan @Pak-one

 

[Leader]

 

[aamerjamal]

Gr88888...
People are dying in chitral by floods and they are busy in fulfilling there manifesto.......

Seriously "PTI enjoys high moral ground in Pakistan politics" ???????????????????????????

 

[Leader]

KPK info bill a catalyst for change

Although promulgation of Right to Information (RTI) Ordinance in Khyber-Pakhtunkhwa (KP) has largely gone unnoticed in the media, it is set to become a catalyst for change by practically recognising the people’s right to know through a law considered one of the best in the world.

While majority of the media persons are unaware of the efficacy of an RTI law that breaks the culture of secrecy and ends monopoly of ‘privileged’ journalists, it is equally useful for the public, allowing them to seek out information about anything and of any department run by public money. “The KP RTI Ordinance contains all the features that are vital for a strong RTI law. This is why it scores 143 and is positioned at the top of global RTI rankings,” commented a World Bank expert.

Before discussing the salient features of the RTI Ordinance promulgated in the KP, it is important to understand Pakistan’s position on global level regarding introduction of the laws promoting transparency and curbing corruption. This law existed in only 13 countries just a couple of decades ago, according to a World Bank briefing note. Now is introduced in 90 countries though it differs in effectiveness, depending on the structure and scope of legal framework.

Pakistan was the first country in South Asia to introduce RTI legislation through Freedom of Information (FOI) Ordinance in 2002 however the law defeated its own purpose given the shortcomings as it was limited in scope with a lot of information declared exempted from disclosure and the subsequent weak enforcement mechanism.

In contrast, India introduced similar legislation in 2005 that resulted in changing the governance paradigm and unprecedented growth of RTI activists other than the media holding the government to account.

Bangladesh and Nepal followed. Now India stands 2nd in global rating of RTI laws, Bangladesh ranks 15th, Nepal occupies 20th position while Pakistan ranks 76th among 90 countries having RTI laws.

Article 19-A of the 18th amendment was a step forward as people’s right to know was constitutionally acknowledged as one of the fundamental rights. Earlier, access to information was mere a statutory right granted through FOI Ordinance 2002. At present, FOI Ordinance is applicable at the federal level. Sindh and Balochistan have also replicated it but nowhere is it serving the desired purpose due to inherent flaws.

While KPK has promulgated an effective RTI legislation through an Ordinance, Punjab has prepared and advertised a draft seeking public comment before presenting it in the provincial assembly. The federal government is working on devising a new RTI law.

Compared to FOI Ordinance 2002, KP’s RTI Ordinance 2013 is a giant step ahead. The former Ordinance has a limited scope, charges Rs50 for each FOI request, requires a reason for wanting information and a signed affidavit that it will not be used for any other purpose, allows 21 days to respond to FOI requests and has no provision for urgent requests. It has vague, open and extensive exemptions; no provision for a harm test; no protection for whistleblowers; designates the Ombudsman - with only recommendatory powers - to hear complaints; and weaker sanctions for wrongdoers, according a brief of World Bank’s consultant.

As for the RTI Ordinance promulgated in the KP, it is a potent law, though there is always room for improvement. Following are its salient features: Extremely wide in scope: It applies to all government departments, the KP legislature, chief minister/governor secretariat, lower courts, and even to private bodies funded by government and private bodies providing public services.

Speedy and free provision of information: An applicant does not have to deposit any fee for submitting an information request. One can submit a hand-written application or send email queries to the head of concerned department (later to the Information Officer once designated). Information officers must help citizens in making requests without inquiring about the reason for requesting information. The concerned department is bound to provide information within ten working days.

For matters of life and liberty, information must be provided within two working days.Punishment for officers denying/destroying requested information: Those deliberately refusing to disclose information, or destroying information subject to an RTI request, can be punished with a fine of up to Rs50,000; a prison sentence of up to two years, or both.

Extensive proactive disclosure of information: This is the information that public bodies must publish. It includes details of the functions and services a public body provides; its organisational set-up; its staffing structure and the salaries, perks and privileges of senior officials.

Clear and narrowly defined exemptions: Legitimate exemptions to RTI are specified in the law, e.g. information that would harm national security, the economy, legally privileged information.However, the KPK law also provides a harm test, whereby if the benefit in disclosure outweighs the harm, then even exempt information must be disclosed. There is no blanketed exemption for defence and other issues of national security.

Protection of whistleblowers: No action can be taken against the whistleblower who brings to light the internal wrongdoings in good faith and in the larger public interests.Independent Information Commission: Contrary to past practice of making Ombudsman an appellant authority, an independent commission will be set up to both hear complaints and enforce compliance with the law, and also to monitor and support implementation. While the chief commissioner, a retired senior government servant, will be appointed by the government along with three members -a retired high court judge, a senior advocate and a civil society representative will be appointed by the Chief Justice of Peshawar High Court, the Bar Council and the Human Rights Commission respectively.


KPK info bill a catalyst for change - thenews.com.pk

 

[Leader]

KP sets an example: Right to information law

THE Right to Information Ordinance promulgated by the Khyber Pakhtunkhwa governor at the behest of the provincial government has rightly been hailed as one of the most forward-thinking and progressive laws in the country’s recent legislative history. In essence, a right to information law is about giving the citizenry a tool to jolt an unresponsive administration into action. In India, for example, where the right to information laws have been used widely, many a citizen waiting for a passport to be issued has filed a request demanding to know the pace at which passports are issued and the backlog at various passport centres. Inefficient officials then quickly expedite the process of issuing passports so as to avoid embarrassment or difficult questions from superiors when the shoddiness is officially revealed. Pakistanis who had struggled to acquire passports in recent months will appreciate the value of such a pressure tactic. While passports are a federal issue in Pakistan and the KP right to information law applies only to that province, it is not difficult to see how it can be applied in a range of cases there.

What is particularly heartening about the KP law is that its authors appear to have surveyed the problems with various existing right to information laws and then worked to mitigate them. So, under the KP law, protection for whistleblowers has been included, a particularly crucial protection given that misdeeds are often well shielded from the public and the media. In addition, a high-powered information commission is to be established which will deal with cases where applicants believe their right to information requests are unnecessarily being delayed or thwarted. And buttressing the applicant’s right to information versus the state’s right to claim an exception to sharing information on, say, national security grounds, the KP law requires information officers to interpret the exceptions narrowly rather than widely.

Thoughtful and pro-citizen as the KP law is, much will depend on its implementation. The international experience with such laws is that effective implementation depends on two factors, the first being a campaign to educate the public about the new law. Pakistan has had various forms of right to information laws for over a decade now, but because little attention was paid to education and awareness, few people are aware of their existence. Two, the designated information officer in the various government departments must be trained in the relevant processes and educated about the spirit behind the law. A competent and sympathetic information officer can serve the public well and be the difference between a law that works and one that is ineffective.

KP sets an example: Right to information law - DAWN.COM

 

[Leader]

 

[ghilzai]

Gr88888...
People are dying in chitral by floods and they are busy in fulfilling there manifesto.......

Seriously "PTI enjoys high moral ground in Pakistan politics" ???????????????????????????

They are not dying in Punjab are they from floods while the man they voted is galavanting, you made these comments in 3 odd threads, why not worry about your own area and kind, leave kp to us whose land it is.

 

[Dil Pakistan]

Gr88888...
People are dying in chitral by floods and they are busy in fulfilling there manifesto.......

Seriously "PTI enjoys high moral ground in Pakistan politics" ???????????????????????????

Are you completely mad ?

Do you mean that a Govt. should stop legislation to protect people's future for decades because there are floods !!! You need a psychiatrist check up - seriously do consider it for your own sake (...or you may be in the next one to appear in the blue area with a KK and a woman and children and high on drugs).

 

[livingdead]

good.. other states should follow..

 

[Khalidr]

Gr88888...
People are dying in chitral by floods and they are busy in fulfilling there manifesto.......

Seriously "PTI enjoys high moral ground in Pakistan politics" ???????????????????????????

Seriously, go and check your area, what going on there, read the news and tell us how many died in Chitral and in Punjab.

 

[pak-marine]

Excellent .. infact brilliant move well done PTI !!

 

[saiyan0321]

amazing move by PTI.... RTI is a big act and without a doubt it will be beneficial for the people for ages to come.... so one of the promise gets fulfilled.... this is really good.

 

[aamerjamal]

They are not dying in Punjab are they from floods while the man they voted is galavanting, you made these comments in 3 odd threads, why not worry about your own area and kind, leave kp to us whose land it is.

sorry bro i m pakistani but can't say same abt u.....
btw lagislation or campaign are PTI's rights, talkin abt time and priority....

Seriously, go and check your area, what going on there, read the news and tell us how many died in Chitral and in Punjab.

Same old PTIan's attitude, did you even check the reply of punjab gov and kpk gov abt this disaster? btw people of chitral ask punjab gov for rescue after they get silence from kpk gov....