Fafen urges reforms to address gaps in Punjab’s right to information law

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ISLAMABAD: The Free and Fair Election Network (Fafin) has called for reforms to remove the sects in the implementation of the Punjab Transparency and the Right to Information Act (PTRIA) 2013.

In short a policy titled “Strengthening the RTI Framework in Punjab”, Fafin called for close cooperation between the Punjab, Punjab Information Commission, and the Provincial Assembly of the civil society to implement the promise of PTRIA. The Policy Brief Fafin’s “Unknown Information” is part of the campaign.

The law, since its implementation in 2013, has established an institutional framework to ensure transparency in the provincial public institutions in compliance with Article 19A of the Constitution, as well as to exercise the right to information for citizens.

Since the implementation of the PTRIA, the implementation of RTI in Punjab has permanently developed with the establishment of the Punjab Information Commission (PIC) and finalizing the rules of Punjab transparency and information in 2014.

Earlier this month, Fafin reviewed the active revelations of the legally required information by Punjab public institutions. The diagnosis covers more than 250 Punjab government websites and revealed that public institutions have legally disclosed about 52 % of the required information.

This brief analysis of these studies, studies, reviews, and a complete analysis of the PTRIA 2013 and the benchmarks against national and international standards, to identify the flaws in law and action.

Tria 2013 is generally considered a strong law that similarly resembles global -recognized RTI standards. This law applies to all public institutions working in legislative, executive and judicial domains within Punjab province and extends to local governments in this province.

It orders active disclosures of general information about public institutions, including their functions, services, budgets and government subsidies, exemptions and relief programs.

The Act also needs to nominate public information officers (PIOS) to deal with information requests from public institutions. One of the unique features of this Act is giving both natural and legal individuals, the legally registered organizations, the right to request information, which is absent from other RTI laws in Pakistan.

The application of information is easy and free with a specific response time as 14 days. Although the law provides a list of exempt information, it also includes an over -ridicule of public interest to benefit the public interest if disclosure benefits the public interest.

The Punjab Information Commission, set up under the PTRIA, is an appellate forum to decide appeals against petitions or procedure errors. The commission may impose penalties on non -compliance officials, including penalties or disciplinary action against public institutions’ delays, rejects, or providing false information.

The PTRIA faced challenges for implementation to force judicial intervention to implement the right of citizen information, despite its progressive provisions.

Fafin believes that many of these challenges are rooted in legal ambiguity and institutional weaknesses. Therefore, it reviewed the rights of the PTRIA and Punjab’s transparency and information rules to identify these gulfs in the framework and the results of the transparency of transparency in the provincial public institutions were informed about the transparency.

A significant number of public institutions have been significant in the diagnosis of Fafin, which lacks understanding of their responsibilities under the PTRIA 2013.

Under Section 9, more than 80 % of the government agencies of more than 80 % of the Fafin related to compliance with the PTRIA requirements have been applied for information about their annual reports.

Similarly, public institutions made only 52 % of the legally active disclosures on their websites.

Although the PTRIA and its rules empower the image to facilitate public institutions in enforcing the law, the Commission lacks the powers of issuing banned instructions to public institutions in these cases.

On the contrary, the powers that implement it are limited to the complaints filed by the citizens, which are agitated by public institutions, to their request for information.

Although the PTRIA encourages electronic records and information sharing methods, it reduces the spread of information through government websites or priorities.

The right to the transparency of Punjab and the 2014 information rules also works very little to clarify the active disclosure style, which does not ensure that public institutions must publicize and how.

In this era, online disclosure of public institutions and their services is important when digital technologies are changing the rule.

The lack of legal emphasis on the use of digital technology is rapidly losing an important opportunity to increase public access to the online world.

Many key terms used in the legal text are either vague or their definitions are open, which creates scope for their discretionary interpretation.

For example, while the definition of public body covers funds to NGOs (NGOs), it reduces the inclusion of private businesses and government contracts, tax exemptions and incentive companies.

Similarly, the words of the work day, record and document in Ptria are not clearly stated. Fafin’s review revealed that the majority of public institutions had taken more time from the mandate timeline legally for 14 business days.

Such methods can be justified behind the interpretation of a day of work that is against the spirit of the law.

An important challenge to protect the right of information is the lack of operational and financial sovereignty of the Punjab Information Commission.

Under the current framework, the selection of information commissioners is fully controlled by the provincial government, which lacks bilateral surveillance mechanisms that strengthen the freedom of such institutions.

The removal process is equally discretion, which threatens the commission’s sovereignty. The weak provisions resulted in a recent dispute when the careful provincial government removed the information commissioners in 2024.

In addition, the PTRIA does not provide a binding timeline for fresh appointments after filling the comfortable vacancies in the Information Commission or after the Information Commissioner’s term is completed.

Finally, Section 14 connects the commission with official allocation without the formation of an independent fund, which threatens to pressure budget or political influence.

Although the law of an information commission can be considered a victory at the time of law enforcement at this time, it is time to make it independent and independent for a more effective role in promoting transparency.

The rules regarding the right of Punjab transparency and the rules of 2014 give the Information Commission the authority to issue instructions on the formation of computerization, the design of the online system and the category of records required for computerized.

In addition, public information officers have been tasked with implementing the Act for training. Nevertheless, the actively disclosed information remains widespread in a non -standard way.

Record management is another weak link because the PTRIA does not give the commission the authority to issue a ban on how the record should be maintained or the methods of keeping public institutions should be inspected.

Although existing practice allows public institutions to submit information requests and complaints of complaints through emails, the method of dealing with a comprehensive digital complaint is missing.

Current complaints are also available on the PIC website.

The manual processing of the complaints can restrict PIC performance by disrupting sharp communication with complainants.

Contrary to international excellent methods, the lack of safety and privacy provisions for applicants, the PTRIA lacks a strong supply of safety for whistleblowers using information about their right to expose corruption and corruption in public affairs.

Although legal individuals, in addition to natural individuals, provide some security measures by enabling RTI extended individuals to hide behind the organizational cover, but anonymous applications are not allowed.

In fact, the details of the applicant are regularly published in their reports and websites by public institutions and the Information Commission, and endanger any wrongdoing against them that feel saddened by their information requests.

To tackle the aforementioned legal and operational challenges in the use of RTI, Fafin proposed the following reforms.

The Provincial Assembly of Punjab should consider the following amendments to the PTRIA: Add the following definitions in Section 2: Explain the term “Working Day” as the days when the government offices are open for regular operations. Business 2011 expand the definition of public institution by covering all the departments registered in the rules of the Punjab government.

In addition, in addition to NGOs receiving funds from governments, any private companies or businesses receiving funds from government contracts, tax exemptions or concessions, subsidies and public treasury should be considered a public institution.

Edit the complaint definition to include complaints offered using the online system. Explain the definition of information right by adding the word “understandable, analyzed and contradictory”. Explain the term “document” which means any order or decision is notified properly. Describe the term “employee or official” as a person working through a public institution, whether permanently or temporarily and included.

Explain the term “record” as any information recorded in any form.

Remove the provincial government’s discretionary powers regarding the appointment and abolition of the Information Commissioners: Amending the PTRIA Section 5 and introducing the Chief Information Commissioners including the Chief Information Commissioners and introducing a two -sided consultation to the Provincial Assembly of Punjab.

Such a process will help the appointment of the Information Commissioners and the removal of the provincial government’s discretion by removing the discretion of the provincial government.

With the Principal Accounting Officer to the Chief Information Commissioner, add a new section for the establishment of the transparency and the rights of the Information Fund, which includes government grants, donations, and investment income. Annual audit and reports to the Provincial Assembly by the Auditor General of Pakistan.

Empower the Information Commission to issue guidelines on record restoration, including from time to time inspecting. Information Commission’s Mandate periodic strategic planning:

Add a new section so that the Information Commission needs to prepare and publish a five -year strategic plan, which can offer the goals, priorities, timelines and expenditures before the Provincial Assembly.

Influenced by the Freedom of Information (Scotland) Act 2002, the assembly’s standing committee, public institutions and citizens should include consultation process.

Provide safety and privacy reservations for Setts Bloz: Add new parts to information for information for information as well as public institutions and photo -provided applicants’ information.

The commission, in consultation with public institutions, should develop a standard, urban friendly formats for the disclosure of information, which emphasizes searchable database, simple language summary, and descriptive metal data, which is equivalent to exercises in advanced RTI governments.

The Commission should submit an online complaint and set up an administrative system to file and track RTI’s complaints, as well as citizens and government officials under the Act to inform citizens and government officials about their rights and responsibilities, social media, radio, radio, television, radio, television, radio, television, television, television.