Disclosure Deficit in FOI/RTI Acts of SAARC Nations: An Analysis with Particular Reference to 'Exemptions'

Abstract

Freedom of Right to Information (FOI/RTI) has been universally recognized as a Fundamental Human Right. Such a wide recognition of the right has perhaps propelled nearly 104 countries so far to bring into operation specific legal instruments to ensure this right to their people. Pitching with the global trend in this direction, almost all countries in the SAARC do have in force (except Sri Lanka and Bhutan) exclusive Acts (Ordinance in Pakistan) to provide access to public information. But, the legal frame work of the relevant enactments of these countries – globally evaluated on the basis of ‘seven different categories’ – present a glaring mixture of top and bottom scores. This is indicative of the levels of access to information available to the people through relevant Acts in their countries.One of the basic elements of FOI/RTI Act is ‘‘Exemptions’’ and this is also a crucial category of evaluation employed by International bodies assessing the efficacy of laws in this sphere. The “Exemptions” section is often reckoned as the heart of the FOI/RTI legislation. This is mainly because, “exemptions” to a large extent, determine the levels of people’s access to public records under the Legislation. Generally, Acts to provide access to information are expected, among other things, to have very limited but clearly spelt out exclusions as per international norms and be precisely disclosure-oriented. Further, there should be specific, unambiguous provisions for “public interest override”, “severability of information”, “duration to withhold information under exempt category”, “avoidance of blanket exclusions of public bodies” and “supremacy of the Act” in relation to existing legislations.A closer analysis of FOI/RTI Acts of SAARC nations with reference to the aspects listed hereinabove, reveal high level of disparity among them and a clear disclosure deficit. This paper undertakes an in-depth scrutiny of the relevant Acts in force in SAARC countries, with particular reference to the provisions related to “exemptions/exclusions from disclosure” housed in the Acts.