2004 freedominfo.org Global Survey Results - Pakistan
Text from the freedominfo.org Global Survey: Freedom of Information and Access to Government Records Around the World, by David Banisar (updated 12 May 2004)

President Perviz Musharraf promulgated the Freedom of Information Ordinance 2002 in October 2002. (1) The law allows any citizen access to public records held by a public body of the federal government including ministries, departments, boards, councils, courts and tribunals. It does not apply to government owned corporations or provincial governments. The bodies must respond within 21 days.

Public records are limited to policies and guidelines; transactions involving acquisition and disposal of property; licenses and contracts; final orders and decisions; and other records as notified by the government.

There are mandatory exemptions for notings on files; minutes of meetings; any intermediary opinion or recommendation; individuals' bank account records; defense forces and national security; classified information; personal privacy; documents given in confidence; other records decreed by the government. There are also exceptions with a harm test for international relations, law enforcement; invasion of privacy; and economic and commercial affairs of a public body.

Appeals of denials can be made to the Wafaqi Mohtasib (Ombudsman) or for tax-related matters, to the Federal Tax Ombudsman. They have to power to make binding orders. The Mohtasib can fine people who make frivolous requests. Officials that destroy records can be fined and imprisoned for up to two years.

Government bodies are required to appoint an official to handle requests. They also have a duty to publish acts, regulations, manuals, orders and other rules that have a force of law, maintain and index records and computerize those records covered under the Ordinance.

The rules for implementation have not yet been issued. The Ombudsman ruled in April 2004 that the Ordinance still was in force even in the absence of the regulations. (2)

The law says that it does not derogate other laws such as the Official Secrets Act, which is based on the original UK OSA 1911 and sets broad restrictions on the disclosure of classified information. (3)

Notes

1. Freedom of Information Ordinance 2002, No. XCVI of 2002. F. No. 2(1)/2002-Pub. Islamabad. The 26th October 2002. http://www.crcp.sdnpk.org/ordinance_of_2002.htm

2. Wafaqi Mohtasib, Failure to Provide Information Under the FOI Ordinance 2002, 6 April 2004. http://www.crcp.org.pk/ombudsman.htm

3. For a detailed review of the situation of freedom of information in Pakistan until 2001, See Article 19, Global Trends on the Right to Information: A Survey of South Asia, July 2001. Available at http://www.article19.org/