The Free and Fair Election Network (Fafen) recommended targeted legal and institutional reforms to enhance the effectiveness of the Khyber Pakhtunkhwa Right to Information (KPRTI) Act, 2013. This call to action aims to address existing deficiencies in the Act, improve public accountability and the proactive disclosure of information, and combat disinformation.
In its latest policy brief, “From Pioneer to Performer: Making Khyber Pakhtunkhwa’s Right to Information Act Work Against Disinformation,” Fafen outlines necessary changes to the 2013 Act, which was trailblazing legislation in Pakistan for ensuring public access to information. Despite its early promise, Fafen’s assessment found that, twelve years post-enactment, only 57 per cent of the legally required information was being proactively disclosed on the websites of 190 provincial public bodies.
The brief identifies key areas where the KPRTI Act falls short, including ambiguous definitions that limit the scope of what constitutes a ‘public body,’ inadequate enforcement mechanisms for proactive information disclosure, non-standardised formats for disclosure, and the limited operational independence of the KP Information Commission.
Fafen advocates for a broader definition of ‘public body’ to include private and non-governmental organisations that receive public funds, whether directly or through subsidies, tax concessions, or public contracts. It also calls for a more inclusive definition of ‘information’ to encompass digital and machine-readable records, and for enhancing citizens’ rights to inspect works, obtain certified copies, and receive information electronically.
To empower the KP Information Commission, Fafen suggests granting it the authority to perform periodic inspections of public bodies’ records, issue binding instructions on record management, and enforce disclosure requirements and timelines. The establishment of a dedicated KP Right to Information Fund is proposed to ensure the commission’s financial independence, with oversight provided by audits conducted by the Auditor General of Pakistan and subsequent reviews by the provincial assembly and Public Accounts Committee.
Technology also plays a central role in Fafen’s recommendations, which include introducing digital tracking for information requests, email or SMS notifications for applicants, developing an RTI mobile application, providing for virtual hearings, and creating mandatory, standardised disclosure formats for different types of public bodies.
