The Free and Fair Election Network (Fafen) has called for reforms to address shortcomings in the implementation of the Punjab Transparency and Right to Information Act (PTRIA) 2013. In a detailed policy brief titled “Strengthening the RTI Framework in Punjab,” Fafen has recommended comprehensive amendments to the law and urged closer collaboration between Punjab’s provincial assembly, the Punjab Information Commission (PIC), and civil society to transform the law’s promises into tangible practices. This call for reform is part of Fafen’s broader “Countering Disinformation through Information” campaign.
The Punjab Transparency and Right to Information Act, established in 2013, set up an institutional framework for citizens to exercise their right to access information. This was done to enhance transparency in provincial public bodies, in line with Article 19A of Pakistan’s Constitution, which guarantees the right to information for all citizens. Since its enactment, the PTRIA has made steady progress, particularly with the formation of the Punjab Information Commission (PIC) and the finalization of the Punjab Transparency and Right to Information Rules in 2014. However, Fafen’s assessment of the law’s practical implementation has identified several areas where reforms are necessary.
Fafen’s Assessment of the PTRIA
Fafen’s recent evaluation, which focused on proactive disclosures by public bodies, revealed mixed results. The assessment covered over 250 Punjab government websites, and the findings were concerning. While 52% of the legally mandated information was made available on these websites, a significant portion of the information that should have been proactively disclosed remained unavailable or poorly managed. This gap highlights the need for clearer guidelines and a more robust implementation strategy.
Despite the law’s progressive provisions, challenges continue to persist, particularly when it comes to the functioning of public bodies and the Punjab Information Commission. Over 80% of the 250 public bodies that were surveyed by Fafen failed to demonstrate awareness of their responsibilities under the PTRIA, specifically regarding the requirement to produce annual reports on compliance with the law. This lack of understanding and adherence to legal requirements calls for stronger training and guidance for public bodies.
Gaps in the Law and Its Implementation
While the PTRIA is considered strong in terms of its provisions, several weaknesses in its implementation have been identified. For instance, although the law mandates proactive disclosures of information by public bodies, the process of disclosing such information remains unclear. The Punjab Transparency and Right to Information Rules of 2014 do not provide explicit guidelines on the mode of disclosure, which has led to inconsistent practices among public bodies.
Additionally, the legal text of the PTRIA contains several ambiguities. Key terms, such as “working days,” “public body,” “document,” and “record,” are either vaguely defined or left open to interpretation. These ambiguities have created room for arbitrary interpretations, which has led to delays and denials in information requests. Fafen’s assessment revealed that many public bodies took longer than the legally mandated 14 working days to respond to information requests, citing unclear definitions of working days as justification for their delays.
Another major concern is the lack of operational and financial autonomy of the Punjab Information Commission. The selection and removal of Information Commissioners is entirely controlled by the provincial government, without a consultative or bipartisan oversight mechanism. This lack of independence has led to controversies, such as the arbitrary removal of Information Commissioners by the caretaker provincial government in 2024. Moreover, the PTRIA does not provide a binding timeline for filling vacancies in the Information Commission, leaving the commission vulnerable to political influence and delays.
Proposed Reforms
To address these shortcomings, Fafen has put forward a series of recommendations for reform. The following amendments to the PTRIA are necessary to strengthen the framework and ensure that it functions effectively:
- Clarification of Key Definitions: Fafen recommends expanding the definition of “public body” to include not only government departments and local bodies but also private companies and businesses receiving government contracts, tax rebates, concessions, subsidies, or public funds. Additionally, the definition of “working days” should be clarified to mean days when government offices are open for regular operations, and terms like “document” and “record” should be explicitly defined to prevent confusion.
- Appointment and Removal of Information Commissioners: The process for appointing and removing Information Commissioners should be made more transparent and independent. Fafen suggests the establishment of a consultative, bipartisan committee from the provincial assembly to oversee these appointments and removals. This reform would insulate the commission from political influence and ensure its autonomy in carrying out its duties.
- Creation of a Punjab Transparency and Right to Information Fund: To ensure the financial independence of the Information Commission, Fafen proposes the establishment of a dedicated fund for the commission, comprised of government grants, donations, and investment income. This fund would be managed by the Chief Information Commissioner and subject to annual audits by the Auditor General of Pakistan. The creation of this fund would ensure that the commission is not vulnerable to political interference in budgetary matters.
- Empowerment of the Information Commission: Fafen calls for the empowerment of the Punjab Information Commission to issue binding instructions on record-keeping and to conduct inspections of public bodies’ information management practices. These measures would help improve the consistency and quality of information disclosed by public bodies.
- Safety and Privacy Protections for Whistleblowers: The current law does not provide adequate protections for individuals who use the right to information to expose corruption or malpractice in public affairs. Fafen recommends introducing provisions to protect the safety and privacy of whistleblowers, ensuring that they are not subject to retaliation or harassment for exercising their right to information. Additionally, Fafen proposes that anonymous applications for information be allowed, providing a safe channel for individuals to request information without fear of retribution.
- Digital Transformation and Online Systems: Fafen also emphasizes the need for a stronger focus on digital technologies to enhance transparency. The law should mandate the use of digital platforms for the dissemination of information, ensuring that public bodies provide online access to information in standardized, citizen-friendly formats. This would include searchable databases, plain language summaries, and metadata to facilitate easier access and understanding of the disclosed information.
- Periodic Strategic Planning and Public Awareness: The Information Commission should be required to develop and publish a five-year strategic plan outlining its objectives, priorities, and timelines. This plan should be presented to the provincial assembly and be developed in consultation with public bodies and citizens. Additionally, Fafen suggests that the government and the Information Commission launch sustained public awareness campaigns to educate citizens and public officials about their rights and obligations under the PTRIA.
Conclusion
Fafen’s call for reforms to the Punjab Transparency and Right to Information Act is a timely reminder of the challenges that remain in the implementation of this important law. While the PTRIA was a significant step forward for transparency and citizens’ rights to information, its current framework requires several critical improvements. These reforms are necessary not only to improve the efficiency and effectiveness of the law but also to enhance public trust in the government’s commitment to openness and accountability.
By addressing the gaps identified in Fafen’s assessment, the Punjab government can ensure that the right to information is genuinely accessible to all citizens and that public bodies are held accountable for their actions. Ultimately, these reforms will strengthen governance in the province and provide citizens with the tools they need to engage in meaningful democratic participation.
