The
Express Tribune: PK: Thursday, 27 February 2020.
Governments
in Pakistan have traditionally been reluctant to the point of resentment when
it comes to sharing information that ought to be available to the public
anyway. As impressive and imposing they may appear to the naive, legislations
like articles 19(A) of the Constitution or the Right to Information (RTI) Acts
are of little help when it comes to getting information from public bodies.
Missing, ineffective or debilitated, information commissions lie at the heart
of this malaise.
However,
even in this gloomy ‘information shielding’ scenario, something remarkable has
begun to happen. Unlike scores of other sleepy and ineffective commissions, the
Pakistan Information Commission (PIC) at Islamabad is creating new traditions
of excellence and professionalism. Despite its shortcomings of staff, resources
and office space, it has demonstrated how a handful of committed individuals
can make decisions that can impact the lives of millions. Many reluctant
public-sector organisations are, for the first time, being compelled to cough
out the information that they so jealously keep hidden in their archives.
The
recent saga of how the RTI was used to enhance the illegal low wages of
contracted janitors of Civil Aviation Authority (CAA) is an inspiring case
study. It demonstrates how ordinary citizens and a responsible information
commission can come together to bring changes even in the most unwilling
bureaucratic systems. A civil society group, Citizens for Equal Rights, took up
the matter of janitors receiving less than minimum wage with the CAA. Using
their right to information, the citizens demanded copies of the contracts that
defined the wages of CAA’s contracted janitors. When, despite numerous letters,
complaints and e-mails, the CAA failed to do so, the matter was referred to the
PIC.
The
PIC promptly and professionally heard both sides and decided that the CAA had
no reason to deny the requested information. In a landmark decision, the CAA
was directed to provide the group the contracts under which the wages were paid
to the contracted janitors. The CAA promptly complied and provided a copy of
its janitorial contract to the applicants.
A
study of the contract revealed that while the CAA paid close to Rs20,000 per
person to the contractor, a janitor received a monthly amount of only Rs15,000.
This amount was a blatant deviation from the minimum legal wage defined by the
federal government. Equipped with this information, the Citizens for Equal
Rights wrote to the CAA and demanded immediate compliance of minimum wage for
all its contracted janitors.
The
CAA acted promptly and undertook a number of salutary, humane and praiseworthy
steps. The third-party contractor was fired and the same manpower re-employed
on a retainership basis by the organisation itself. Most importantly, the CAA
raised the monthly wages of its janitors to Rs25,000 and agreed to do the same
for janitors working at all airports and locations.
The
CAA’s actions are laudable. It provided the much-needed relief and dignity to a
class that for long has lived a life of extreme misery, poverty and
wretchedness. This exemplary step is also a strong message for all those
organisations in Pakistan who continue to pay less than the legal minimum wage
to their employees an act that can only be categorised as cruelty, exploitation
and modern-day slavery.
Finally,
this success story is a tribute to the PIC, who’s meaningful and judicious
decisions have opened a new chapter of hope and possibility for the people of
Pakistan. There is much to learn and emulate from this example, both for
citizens and other information commissions. In a scenario of painfully slow and
expensive judicial processes, one hopes that effective information commissions
and a responsible citizenry will become the next best option for accountability
and change in Pakistan.