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Right To Information Act, 2013

Khyber Pakhtunkhwa

Mr. Abdul Matin


Director
Federal Judicial Academy
Islamabad, Pakistan
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Information is Power
“When there is information, there is enlightenment.
When there is debate, there are solutions. When
there is no sharing of power, no rule of law, no
accountability, there is abuse, corruption,
subjugation and indignation.”
Atifete Jahjaga
1st Female President of Kosovo
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. Freedom of Expression is Fundamental Right
. Resolution No. 59 of United Nations General
Assembly, 1946
. Universal Declaration of Human Rights, 1948__
Article 19_Right to Information
. Article 19-A: Constitution of the Islamic Republic of
Pakistan

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Article 19-A: Constitution of the Islamic
Republic of Pakistan
 Every citizen shall have the right to Access to
Information in all matters of Public Importance
subject to Regulations and reasonable restrictions
imposed by LAW.
 Difference between right to information and
right to access to information.
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Two Principle of KP RTI

 Nothing is secret (although few things are


exempt for a limited period).
 No requester can be asked the reason as to why
is he seeking the information.

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MAIN PURPOSES

 Maintenance and indexing of public record


(S.4).
 Proactive publication of public record (S.5).
 What is a public body under the Law.

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The Present Status of RTI in Pakistan

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The Present Status of RTI in Pakistan

In South Asia, Pakistan was the first country to pass


legislation on Right to Information – Freedom of
Information Ordinance 2002

Under the 18th amendment of the Constitution of


Pakistan it is mandatory for all provinces and the
Federation to pass and implement RTI Law

At Federal level, Pakistan still awaits modern RTI Law

Recently Senate has passed a Bill on RTI

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PAKISTAN – Provinces Implemented RTI

KP Punjab

The Khyber Pakhtunkhwa Right to Information Act, 2013


Punjab Transparency and RTI Act, 2013

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PAKISTAN – Provinces fail in Passing RTI Law

Sindh Baluchistan

Failed to come up to the expectations in terms of passing modern


RTI laws and its effective implementation
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Request Process Flow

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Complaint Process
Role of the Commission

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Challenges in Implementation
 Maintenance and indexing of records

 Proactive Publications – Official Website

 Designation of PIOs in Public Bodies not yet completed

 Low motivation of PIOs

 Low public awareness

 CHANGING MIND-SET AND ATTITUDE - CULTURE OF SECRECY

 OWNERSHIP

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(Pakistan) Right of Access to Information Act 2017 as passed by Senate
SIMILARITIES
Maintenance and indexing of record (S. 4)

 Publication of record within six months (S.5)

 Declaration of Public Record (S.6)

 Exclusion of Record (S.7)

 Computerization of Record in six months (S.8)

 “Public function”

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DIFFERENCES

 Appeal ___ 30 days

 Non-implementation of decision of Information Commission is to


be treated as contempt of Court.

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KP Right to Information Commission

Thank You
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