| Pakistan: Integrity Scorecard Report > Sub-Category: Public Access to Information | ||
| Indicators | Score | |
| 12 | Do citizens have a legal right of access to information? | 100 |
| 13 | Is the right of access to information effective? | 50 |
Indicator and sub-Indicator Details
| 12 | Do citizens have a legal right of access to information? | |||||||
| 12a: In law, citizens have a right of access to government information and basic government records. | ||||||||
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Comments: The Freedom of Information Ordinance, 2002: The objective of this ordinance was ensuring transparency of governance by providing access to official information . While the government claimed this law would help provide access to all that the people want to know about the doing of the government, the media organizations believes that it actually serves a contrary purpose by not according them enough free access to official documents that are subject to restrictive classification, which makes them inaccessible and impede investigative journalism. Under this law a wide variety of official records will still not be accessible and anything and everything could be classified as `sensitive and hidden away. References: The Freedom of Information Ordinance, 2002 Rifaqat Ali Advocate, Peshawar High Court, Peshawar
Peer Review Comments: [ LINK ] According to Point 14 of this comparison, there is no penality for those who delay or do not provide [requested] information. In a recent case during the presidential election, opposition leaders were not given the full verdict of the Supreme Court within a reasonable time.
Peer Review Comments: Yes, there is a law that guarantees the right to know. But in practice, it is completely impossible to get to real information, which could harm its interests, from the government .
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| 12b: In law, citizens have a right of appeal if access to a basic government record is denied. | ||||||||
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Comments: Under Article 199 of the constitution of Pakistan 1973, a writ petition can be filed in the high court if access to a government record is denied. But, The Freedom of Information Ordinance, 2002: The objective of this ordinance was ensuring transparency of governance by providing access to official information . While the government claimed this law would help provide access to all that the people want to know about the doing of the government, the media organizations believes that it actually serves a contrary purpose by not according them enough free access to official documents that are subject to restrictive classification, which makes them inaccessible and impede investigative journalism. Under this law a wide variety of official records will still not be accessible and anything and everything could be classified as `sensitive and hidden away. References: Rifaqat Ali, Advocate, PHC, Peshawar
Peer Review Comments: [ LINK ] According to Point 13, a decision on appeal is just a recommendation.
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| 12c: In law, there is an established institutional mechanism through which citizens can request government records. | ||||||||
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Comments: It depends how effective one is to get access to government on his or her financial health and connections in the government departments. References: The Archives and Information Department. Interview with Rifaqat Ali advocate, PHC, Peshawar
Peer Review Comments: [ LINK ]" target="_blank">[ LINK ] According to Point 14 of this comparison, there is no penality for those who delay or do not provide [requested] information. In a recent case during the presidential election, opposition leaders were not given the full verdict of the Supreme Court within a reasonable time. http://cpdi-pakistan.org/publications/Right%20to%20Information%20Legislation.pdf According to Point 13, a decision on appeal is just a recommendation.
Peer Review Comments: There is a mechanism. But in practice, it is absolutely useless to go through the ombudsman's office
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| 13 | Is the right of access to information effective? | |||||||
| 13a: In practice, citizens receive responses to access to information requests within a reasonable time period. | ||||||||
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Comments: Depends how effective is the seeker of information in terms of his or her connections. References: Rifaqat Ali Advocate, PHC, Peshawar
Peer Review Comments: This process is time-consuming if one doesn't have connections inside the department from which information is needed.
Peer Review Comments:
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| 13b: In practice, citizens can use the access to information mechanism at a reasonable cost. | ||||||||
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Comments: References: Rifaqat Ali Advocate
Peer Review Comments: The official cost of accessing information is nominal.
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| 13c: In practice, citizens can resolve appeals to access to information requests within a reasonable time period. | ||||||||
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Comments: References: Rifaqat Ali Advocate
Peer Review Comments: Normally the appeal system is slow, and if the matter is court related it is even more lengthy. [ LINK ]
Peer Review Comments: The agency generally acts on appeals quickly, with some exceptions.
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| 13d: In practice, citizens can resolve appeals to information requests at a reasonable cost. | ||||||||
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Comments: References: Rifaqat ali Advocate
Peer Review Comments: The official cost of appealing denied requests for informatioin is reasonable.
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| 13e: In practice, the government gives reasons for denying an information request. | ||||||||
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Comments: References: Rifaqat ali Advocate
Peer Review Comments: The government does not give a reason when they do not want to provide information. In recent years, the Supreme Court inquired for information about the disappeared people, the attorney general said intelligence services are not under government [jurisdiction]. 1- Security chief gets jail warning [ LINK ]
Peer Review Comments: The reason are provided, especially when an official investigation is carried out.
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