The document provides an overview of right to information (RTI) legislation in Khyber Pakhtunkhwa province of Pakistan. It discusses the background of RTI laws internationally and in Pakistan. It then summarizes the key aspects of the new RTI law passed in Khyber Pakhtunkhwa in 2013, including that it mandates proactive disclosure of information, establishes a process for information requests, exempts some information, sets up an independent information commission to handle complaints, and includes protections for whistleblowers.

1. A Briefing paper
On
Right to Information Legislation
Empowering citizens through Information in Khyber Pakhtunkhwa
(For use of CESSD and IP Staff, SAN-Pakistan members and Government officials)
Prepared by:
Citizen Engagement for Social Service Delivery
CESSD III
Peshawar, Khyber Pakhtunkhwa
Pakistan
October 2013

2. ii
Acknowledgments
CESSD Project acknowledges the continued voice and action of the RTI activists who
steadfastly advocate for RTI legislation at the national and provincial level. The dream
comes true and legislation is presented in provincial assembly which will in turn prove
as a catalyst for grass root change which CESSD and the provincial government
envision. The CESSD team acknowledges the services of Mr. Gulbaz Ali Khan, Senior
Manager-Governance and CD, for producing this important briefing paper which
presents RTI legislation in simple words for wider understanding.
Jean Frederic Beauchesne
Project Field Manager
CESSD, Peshawar

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Table of Contents
I. INTRODUCTION……………………………………………………………………………..1
II. LEGISLATIVE FRAMEWORK OF RTI IN PAKISTAN….………………………………..2
III. RTI LEGISLATION IN KHYBER PAKHTUNKHWA….….………………………………..3
IV. BASIC CONTOURS OF KP RTI LEGISLATION…………………………………………..3
A. What is Right to Information?............................................................................3
B. What kind of information is available?…………………………..………………..3
C. What is process of disposal of information request?………………...………..4
D. What citizens cannot access?……………………………………………………..5
E. What if information is denied? …………………………………………………….5
F. What Information Commission is all about?…………………………………….5
G. How Information Commission can be instrumental?………………………….5
H. Is there any protection for whistleblowers?……………………………………..6
V. REFERENCES………………………………………..….….…………………….…………..7

4. 1
I. INTRODUCTION
Right to Information (RTI) means every individual has the right to have access
to specific information, documents or records held by the government. It carries two
important dimensions: Firstly, the government should publish public information
proactively and make it easier for the citizens to have access to that information.
Secondly, any institution or individual can request to attain the government records, and
the government is bound to provide information within the specific time period.
The concept of RTI is not new. It is recognized at international level as the International
Covenant on Civil and Political rights accepted it in 1976, by stating, “a) everyone shall
have the right to hold opinions without interference. And b) Everyone shall have the
right to freedom of expression; this right shall include freedom to seek, receive and
impart information and ideas of all kinds, regardless of frontiers, either orally, in writing
or in print, in the form of art, or through any other media of his choice. The UN
guidelines on consumer protection (1985) accept it by saying that Access of consumers
to adequate information to enable them to make informed choices according to
individual wishes and needs. Moreover, the Universal Declaration of human rights also
emphasize them by elaborating in its article 19, “Everyone has the right to freedom of
opinion and expression; this right includes freedom to hold opinions without interference
and to seek, receive and impart information and ideas through any media and
regardless of frontiers”.
Moreover, RTI is essential to protect individuals’ right to expression, liberty, and
life. It ensures accountability and transparency in the functioning of government as
Right to information laws enable the individual to demand and get access to the official
information and report. Around 90 countries have recognized RTI as a constitutional
right1
. In south Asia, India enacted its Right to information in 2005, Nepal in 2007 and
Bangladesh in 2009.2
In Pakistan, a Freedom of Information Ordinance was introduced
in 1997, but it was drafted in a very short time leaving many questions in the minds of
activists and practitioners. A similar Ordinance was also circulated in 2000, but failed to
become a law. Article 19 of the Constitution of the country, dealing with the freedom of
speech was assumed as a part of the freedom of speech and expression3
. Through the
18th
amendment, an inclusive article 19A has been included in the constitution to make
Right to Information, a constitutional right.4
. Accepting the fact that information is a
public asset in the hands of the government, the ordinance is enacted and information
can be legally accessed.
It is a public right to seek information, but the challenges occur when the
government is not willing to share it with the public. However, an easy access to
1
David Banisar, “The right to information and privacy: Balancing rights and Managing Conflicts” Washington DC, World Bank
Institute; 2011 Retrieved from
http://wbi.worldbank.org/wbi/Data/wbi/wbicms/files/drupalacquia/wbi/Right%20to%20Information%20and%20Privacy.pdf on
29 August 2013
2
Center for Peace & Development Initiatives,2011 “Using Right to Information Legislation for investigative Reporting”,p.20
3
Ibid.p.31
4
Pakistan Today, “Call for educating people on right to information (2011) Retrieved from:
http://www.pakistantoday.com.pk/?p=80899 on August 17, 2013

5. 2
information is not only helpful in empowering the poor and vulnerable groups in the
society but also reduces incidence of malpractices among government officials and
departments. It is the need of the time that all democratic governments should be
moved towards openness and transparency. The recent elections in 2013 have brought
four major parties in power in four provinces of Pakistan; it has triggered a healthy
competition among all the ruling parties to take lead in performance especially in
governance and local service delivery. In this regard, legislations on RTI and local
governments are underway and in a few provinces, it has been presented and passed
by the provincial assemblies. KP has taken a lead in developing a comprehensive RTI
law ahead of all provinces.
II. LEGISLATIVE FRAMEWORK OF RTI IN PAKISTAN
In Pakistan, a Freedom of Information Ordinance was introduced in 1997,5
but it
was drifted in a short time. A similar Ordinance was circulated in 2000, but failed to
become law. However, upon the pressure inserted by the international financial
institutions, on October 27, 2002, the President of Pakistan promulgated an ordinance
called, “Freedom of Information Ordinance 2002”. The objective of the ordinance was to
give way to transparency by ensuring people’s access to government-held information.
The text of the ordinance stated that it shall come to force at once and was to be
extended to the entire country. The ordinance claimed to acknowledge the ordinary
citizens’ right to demand information for establishing good governance, eliminating
corruption and holding the government accountable for delivering services effectively.
Besides allowing the people to monitor the government offices’ workings, the law also
provided with a grievance redressal mechanism for the citizens who had been denied
information earlier by stating, “In case the designated officer of a public body fails to
provide the requested information/record within 21 days, the requester may, in terms of
Section 19 of the Ordinance, file a complaint with the head of the public body, who shall
dispose of the complaint within 30 days of its receipt”.
This, indeed, was a major step in acknowledging the people’s right to access
information, however, as the ordinance was not thoroughly promulgated and was
required to have interpretations in context of a number of aspects. It was later
discovered that even the competent bodies in federal offices had little knowhow of the
ordinance in practice or had little knowledge about how to interpret the law in a specific
situations), it is yet to be formally acknowledged and practiced in the government offices
of the country. Under 18th
amendment, devolution of powers has taken place as the
legal granting of powers from central government of a sovereign state to governance at
a regional or sub-national level. The 18th
amendment is a brief document of transfer of
powers. Under this historic legislation in the country, it grants a right to every citizen to
have access to public information and records bestowed under the Article 19-A. In
follow up to this legislation, provincial governments have to develop laws, rules and
regulations for its effective implementation for easy access to public information. The
progress till date has shown that the KP government enacted RTI law through an
ordinance and consultations for Punjab law is going on despite promises made by the
5
Center for Peace & Development Initiatives,2011 “Using Right to Information Legislation for investigative Reporting”,p.8

6. 3
then provincial government for its early enactment through assembly. Discussions on
Sindh and Baluchistan laws are premature and inconclusive.
III. RTI LEGISLATION IN KP
Through broad based consultations and deliberations by the Govt of Khyber
Pakhtunkhwa, a law has been enacted on August 13, 2013. Visionary leadership of PTI
led coalition in the province has initiated steps in promoting transparency and
accountability; it is in process of developing citizen friendly good governance laws and
RTI is one of those off shoots. On August 15, 2013, PTI Chairman launched the law in a
packed seminar in the provincial capital and briefed on the salient features of the law
and its relevance to promoting good governance in KP. The launch was attended by a
large number of government officials, common citizens, activists, media and CSOs.
Majority of the stakeholders applauded the efforts of the provincial government for
broad based consultations for development of RTI law in the province.
IV. BASIC CONTOURS OF KP RTI LEGISLATION
A. What is Right to Information?
The law bestows the right to access to any information or record held by a body.
It also states that it facilitates and encourages the disclosure of information, promptly
and at the lowest reasonable cost.
B. What kind of information is available?
It encourages public bodies to explicitly publish information for common people to
be accessible in an easy manner, both on printable and internet formats. This focuses
on the use of pro-active disclosure of information which has never been the focus in
previous legislations in Pakistan. An unpublished study conducted by an Islamabad
think tank on RTI status on Pakistan reveals that proactive disclosure has remained
non-existent in most of the public bodies in all provinces including KP. This law binds
public bodies to publish information on:-
a) acts, rules, regulations, by-laws, manuals, and orders,
b) organizational information including structure, function, powers, duties and
services,
c) information on all employee including their remuneration, perks, privileges,
powers, and duties,
d) standard operating procedures,
e) decision making processes and opportunities for citizen engagement,
f) important information on the organization policies and decisions being made
and/or in process,
g) budget including proposed and actual and
h) details on benefit programmes including subsidy including details about the
amount and beneficiaries

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C. What is process of disposal of information request?
Every citizen is eligible to lodge a request for information through the designated
officer. This law provides all means of submitting written information request including in
person, by fax or by email. Previous legislations (some still in invoke) in the country do
not provide more flexible ways of submitting information requests. It binds the public
body to issue a receipt to the requester containing date and name of the designated
official. The public body will also provide assistance to the requester who is having
problems in describing required information or needs help due to any disability.
The designated officer shall intimate the requester through a notice indicating a)
information has been provided upon the payment of a reasonable fee, b) request has
been rejected but dealt upon provision of assistance, c) request has been rejected
based on the information which is already available in printable and internet format, d)
repeat request for same information and e) request has been rejected, part and/or
partial on the basis that information exist in exempt list.
In case of third party information request, the public body will forward the request to
concerned organization and inform the requester accordingly. The public body will also
inform the requester about the information which does not hold.
The law assures requester information provision within maximum of ten working days
from the receipt of the information request and grants further 10 working days in case of
longer search through the records and/or place at disparate places and consultation
with third party and/or public bodies. However, it clearly states that information
pertaining to protect life and/or liberty of the any individual will be provided within two
working days.

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A reasonable fee6
will be applicable for reproducing information, however, first 20 pages
will be provided free of charge.
D. What citizens cannot access?
It is an international practice to exempt certain limited information to be placed in
the public domain. This law also restricts access to information on a) international
relations & security, b) disclosure harmful to law enforcement, b) public economic
affairs, d) policy making, e) privacy, f) legal privilege, and g) commercial and
confidential information.
E. What if information is denied?
Any denial to the information request may be challenged and the requester has
the right to lodge a complaint with the information commission. It will be binding upon
the public body to prove its order of non-submission of information to the requester. The
information commission will decide on the complaint within 60 days. If the concerned
officer is found guilty of denying information to the requester and destroying/mutilating
the public records, he/she fined up to fine @Rs:250/-per delayed day to the maximum of
Rs:25,000/- on willful obstruct.
F. What Information Commission is all about?
This is an independent statutory body enjoying administrative and operational
autonomy. This commission is comprised of three members and will be headed by a
senior retired government officer not below the rank of BPS20. Other members include
retired judge, an advocate of High or Supreme Court and one representative of civil
society. The chief information commissioner and commissioners will hold offices for a
term of three years and shall not hold office after the age of 65 years.
G. How Information Commission can be instrumental?
The primary responsibility of the Information Commission is to address the
requester complaints. However, in addition to this; it will also set rules and minimum
standards, adoption of schedule of charges, user manual, compiling comprehensive
report on law implementation and audited accounts. The commission has powers to a)
monitor and report the compliance, b) make recommendations on reforms and
6
Schedule of charges will be adopted by the Information Commission
Chief Information
Commissioner (Retired
Government Officer)
Commissioner-1
(Retired high court
judge)
Commissioner-2
(Advocate of High or
Supreme Court )
Commissioner-3
Representative of civil
society

9. 6
comments on legislations, c) facilitate and/or support training activities for public officials
and d) publicize the requirements and rights of the citizens. The commission is also
empowered to impose a fine not exceeding Rs:50,000/- or imprisonment of period not
exceeding 2 years on criminal offence obstructing information to a requester.
H. Is there any protection for whistleblowers?
For the first time in the legislative history of the country, law provides protection
to the whistle blowers who bring forward the wrongdoings and act in favor of larger
public interest.

10. 7
V. REFERENCES
Banisar, D, 2011, The right to information and privacy: Balancing rights and Managing
Conflicts, Washington DC, World Bank Institute; 2011
http://wbi.worldbank.org/wbi/Data/wbi/wbicms/files/drupalacquia/wbi/Right%20to%20Inf
ormation%20and%20Privacy.pdf
Center for Peace & Development Initiatives, 2011 “Using Right to Information
Legislation for investigative Reporting”,p.8 & 20
Pakistan Today, “Call for educating people on right to information (2011)
http://www.pakistantoday.com.pk/?p=80899
Khyber Pakhtunkhwa Right to Information Act (2013), Government of Khyber
Pakhtunkhwa