MOFA Defies PIC’s Orders on Access to Information
Islamabad: In a troubling move, the Ministry of Foreign Affairs (MOFA) has refused to comply with the Pakistan Information Commission’s (PIC) directives to revise its procedures for public access to information, raising concerns about transparency and accountability in government affairs.
Despite a clear order from the PIC to remove specific procedural requirements from its website, MOFA continues to mandate that citizens submit an affidavit on stamp paper and fee to obtain information. This procedure, which is prominently displayed on the Ministry’s website, has been criticized for being overly cumbersome and in direct conflict with the Right of Access to Information Act, 2017.
Journalist Sadia Mazhar sought clarification from the Ministry regarding the origins of these procedures, specifically requesting the minutes of the meeting where this method was decided. Instead of providing the requested information, the Ministry responded with a directive for Mazhar to follow the same disputed procedure—submitting an affidavit and fee on stamp paper.
The Right to Information (RTI) form developed by MOFA requires personal details such as name, CNIC, profession, contact information, and email ID. Additionally, the form categorizes information as Confidential, Secret, Top Secret, or Other, and mandates that the purpose of the query be specified. Moreover, it includes an undertaking that the information seeker will use the information solely for personal purposes and will not share it without MOFA’s permission. The form also requires signatures from the seeker and two witnesses.
The Pakistan Information Commission found these requirements to be inconsistent with the spirit and provisions of the Right of Access to Information Act, 2017, particularly Section 11 (3) and (4). The PIC stated that such prerequisites hinder the Act’s objective of promoting transparency and good governance within public bodies.
“The Commission is perplexed by MOFA’s requirements, which are not aligned with the intent of the Right of Access to Information Act, 2017,” the PIC’s order stated. “This approach restricts appellants from filing information requests essential for fostering transparency and accountability.”
In response to the Ministry’s refusal to amend its procedures, Sadia Mazhar has filed an appeal with the Pakistan Information Commission. The appeal will be heard on September 10.
This ongoing standoff between the Foreign Ministry and the Pakistan Information Commission highlights the challenges faced by citizens and journalists in exercising their right to access public information. The outcome of the September 10 hearing could set a critical precedent for the enforcement of transparency laws in Pakistan.