ISLAMABAD: Twelve years after Khyber-Pakhtunkhwa became the first province in Pakistan to enact a Right to Information (RTI) law, the province's trailblazing transparency framework is struggling to deliver on its promise due to weak enforcement, legal shortcomings and institutional constraints, according to a new policy brief issued by the Free and Fair Election Network (FAFEN).
FAFEN Report Highlights Implementation Challenges
In its report, "From Pioneer to Performer: Making Khyber Pakhtunkhwa's Right to Information Act Work Against Disinformation", released on Sunday, FAFEN urged the K-P Assembly and provincial government to undertake targeted legal and institutional reforms to transform the law into an effective tool for proactive disclosure, public accountability and combating disinformation. The organisation noted that while K-P took the lead after Article 19A, guaranteeing citizens the right to information, was incorporated into the Constitution through the 18th Amendment in 2010, implementation has lagged significantly behind legislative intent.
Transparency Gaps Fuel Disinformation
An assessment of the websites of 190 provincial public bodies found that, on average, institutions disclosed only 57 per cent of the information they are legally required to make public. FAFEN warned that such transparency gaps create fertile ground for misinformation and false narratives surrounding government actions and public policy. "Such information gaps create space for speculation, misrepresentation, and disinformation about government actions," the brief stated, arguing that timely, accessible and enforceable disclosure of official information remains the most effective antidote to disinformation.
Key Legal and Institutional Weaknesses
The report identified three major legal deficiencies and two institutional weaknesses that continue to hamper the effectiveness of the law. According to FAFEN, the existing definition of a "public body" excludes a range of private organisations and non-governmental entities that benefit from public funds, subsidies, tax concessions or government contracts. It further observed that while the law requires proactive disclosure, it lacks clear enforcement mechanisms, compliance timelines and penalties for violations. The absence of standardised disclosure formats across institutions also makes information difficult to compare, analyse and verify.
Concerns Over Information Commission Autonomy
The brief also highlighted concerns regarding the autonomy of the K-P Information Commission, saying limited financial and operational independence has undermined its ability to effectively enforce the law. It noted that the commission currently lacks the authority to conduct periodic inspections of official records or issue binding directives on record management and disclosure timelines.
FAFEN Recommends Reforms
To address these shortcomings, FAFEN recommended expanding the definition of "public body" to include all private organisations and NGOs receiving public resources, whether directly or indirectly. It also called for broadening the legal definition of "information" to explicitly include digital and machine-readable records.
