Business Recorder: Pakistan: Friday,
January 20, 2017.
The Senate
Standing Committee on the Right to Information Act-2016 (RTI-2016) deferred the
points pertaining to the access to information with respect to the integrity,
security or defence of Pakistan, while suggesting amendments in the Official
Secret Act, 1923.
The committee
undertook the discussion on RTI Act 2016 referred by the House. The meeting was
chaired by Senator Farhatullah Babar. The committee chairman said the committee
needs to define a line which can distinguish between sensitive and secret
information, which cannot be shared and what can be shared keeping the national
security in view.
The purpose
of this act is to provide the right to information in a rapid and low-cost
manner, subject only to reasonable restrictions established by the law, thus it
is needed to define which information can be shared, said the chairman.
He said that
in the government institutes the files under classified terms are not supposed
to be shared and thus anyone can take advantage of the term
"classified", which restricts the right to access information.
Explaining
the restrictions, he said once a senator raised a question in Senate regarding
Kargil inquiry and in response it was told the information cannot be shared due
to the sensitivity of the matter causing security issues.
Since
government employees submit their annual asset returns in their offices,
another senator inquired if the army employees submit asset details in GHQ or
not, the response was same ie this is sensitive secret information and can
cause security issues, he added.
He said the
access to information regarding government institutions and state affairs can
strengthen the national security. Babar recommended including not only
Parliament, federal government institutions and courts in public bodies but
also those NGOs which are funded by the public and are registered under the law
of Pakistan.
They observed
that there is a need of amendments in Official Secret Act 1923. On which it was
informed by the ministry that Cabinet Division had already explained it in the
written form where directions from the federal government have also been
mentioned. Moreover, neither was it objected nor was it challenged in the past.
Babar was of
the view that suggestions should be proposed after examining this act
threadbare; adding if the government has given exemption to it then the
exercise on access to information would be a futile one.
He further
said the matter of access to information with regard to other countries should
be observed in the light of Johannesburg Declaration and the laws of those
countries.
State
Minister for Information & Broadcasting, Marriyum Aurangzeb said the
purpose of the bill is to ensure the right of citizens to access to
information, adding that all suggestions presented by the committee would be
included in the bill. Moreover, she said they cannot provide information
regarding defence, national security and international relations, adding that
1923 Official Secret Act should be examined in this regard. She said they are
comparing the laws of other countries in this regard and once some development
happens, all its details will be shared with the committee. She said firstly in
case of complaints, the people will file their appeals with the Information
Commission.
Babar said
the citizens should enjoy access to information regarding dissent notes of an
employee before taking any decision, adding most of the government employees
deliver a decision or decree on pressure.
On which
Marriyum Aurangzeb replied that citizens will have access to these details
before issuance a decree or a decision.
Senator
Hidayatullah said that jurisdiction of this bill would not be up to Federally
Administered Tribal Areas (FATA).
The chairman
committee said when the bill will be approved from the center then President of
Pakistan will issue regulation in this regard.
Among others
the meeting was attended by Nihal Hashmi, Pervez Rasheed, Syed Muzaffar Hussain
Shah, Hidayatullah, Khushbakht Shujaat, Robina Khalid, Kamil Ali Agha, Marriyum
Aurangzeb and other senior officials of the Ministry of Information and
Broadcasting.
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