Right to Information and Transparency

Published by Education Sky on March 28, 2024

1.3 : Right to Information and Transparency

Transparency

Simply, transparency refers to the unconstrained public access in areas of public importance. To make the public-related plans, decisions and activities visible, understandable and predictable to public, is transparency.

According to Transparency International, “Transparency is a characteristics of government, companies, organizations and individuals that are open in the clear disclosure of information, values, plans, process and action.“

Transparency is the fundamental pillar of democratic and good governance. It is a basis for making government and public authorities responsive. It is about unconstrained access of public in matters of policies, plans, procedures, operations and activities in areas of public concern. For any government action to be transparent, it needs to be visible, understandable and predictable.

Why Transparency?

Transparency is one of the fundamental pillars of good governance. with the increasing demand to make the government more transparent , transparency is inevitable:

To promote responsiveness and accountability in governance system.
To increase public trust and confidence between citizens and their government.
To promote public participation in deliberation of public policy.
To guarantee right to information (RTI).
To increase efficiency and effectiveness in public service delivery.
To control malpractices, irregularities and corruption.
To promote public ownership and concern in governance system.

Interrelationship between Transparency and RTI

Transparency and right to information have direct and positive relationship as transparency increases when RTI is effective and transparency becomes weak if the status of RTI is poor. Interrelationship between them can be elaborated as follows:

These two are the foundation of ideal democracy.
Both play important role to promote good governance.
Obligation of providing information in matters of public importance is guaranteed by the right to information which strengthens transparency.
Transparency facilities execution of right to information and RTI, in the same fashion, facilities transparent behaviors.
For these two concepts, one cannot function in the absence of another.

Efforts for Promoting Transparency in Nepal:-

Right to information is provisioned in Article 27 of the Constitution of Nepal as one of the fundamental rights.
Freedom of expression and right to communication provisioned as fundamental rights in the constitution of Nepal.
Constitution of Nepal, in Article 51, outlines policies of the state under which the state takes the policy of guaranteeing good governance by ensuring equal and easy access of people to service provided by the state and making public administration clean, competent, impartial, transparent, accountable and participatory.
Right to Information Act, 2064 provisions the rights of citizens regarding unconstrained access to information that promotes transparency.
Good Governance (Management and Operation) Act, 2064 has made legal provisions to promote transparency.
National Information Commission, established in 2008 A.D., as an independent body for the implementation of Right to Information as per the provisions of the RTI Act, 2064.
Citizen charter, Public hearing, Hello Sarkaar programme, public audit ensure the access to information and promote transparency.
Provision of spokesperson in every ministries, information officer in public offices is made to promote the access to information and ensure transparency.
Provision of auditing in public authorities by independent constitutional body, the Auditor General.

Right to Information

Information is exploration of truth. Information is power. It is fuel for Idea, instrument for management and oxygen for the governance.

The right to seek, demand and obtain the information in areas of public concern by the citizens is known as right to information. It is about unconstrained and easy access of the public to information regarding policies, plans, procedures, operations and activities in areas of public concern.

Democratic countries ensure the right to information. Nepal has ensured it with constitutional and legal provisions. Constitution of Nepal, in Article 27, has provisioned right to information as one of the fundamental rights stating that every citizen shall have the right to seek and get information on any matters of concern to him/her or the public provided that nothing shall be deemed to compel any person to provide information about which confidentiality is to be maintained according to law.

Conceptual development in RTI

‘Freedom of Press Act’ enacted in 1766 in Sweden, was the first law related to the right to press freedom/right to information.
in 1976, ‘Government in the Sunshine Act’ was enacted in the USA for promoting freedom of information and transparency in public authorities.
Nepal is the first country among the SAARC countries to incorporate RTI in the constitution (Constitution of Kingdom of Nepal, 2047).

Importance of RTI

In this digitalized world of ICT, nothing is more important and powerful than information. Its importance can be highlighted hereunder:-

Respecting for human rights and protection of life, liberty and freedom.
Develop people-oriented, transparent and responsive democratic system of governance.
Discourage corruption, malpractices and irregularities.
Empower the citizens and develop information culture.
Ensure and promote the concept of open society.
Institutionalize democracy and good governance.
Make the government functions transparent, impartial, effective and efficient.
Ensure public participation, cooperation and ownership in governance system.

Public Information Should be :-

Realistic
Clear
Timely accessible
Economic/Less costly
Authentic

Right to Information in Nepal”:

Constitution: – Right to Information (Article 27), freedom of expression, right to communication, publication, transmission and print, among others, are provisioned as fundamental rights.
Legal Provision: – Right to Information Act, 2064 with prime objective of making actions and activities of state open and transparent ensuring easy and unconstrained access of general public in matters of public importance by making public authorities accountable and responsive. Similarly, certain types of information need to be kept confidential and secret according to the provision under this Act.
Provision of Citizen Charter, Public hearing, Hello Sarkaar programme and public audit which ensure and promote right to information.
Universal Declaration of Human Rights, 1948, to which Nepal is a party.
Provision of Spokesperson in every ministries and information officer in every public offices.
National Information Commission was established in 2065 B.S. to oversee the matters relating to the RTI.
Ministry of Communication and Information Technology, Department of Information Technology and Department of Information and Broadcasting provisioned as apex government bodies to ensure and promote right to information.
Every government organizations should develop and update its website.

Despite much pledges and efforts for acknowledging and implementing RTI, Nepalese public administration culture still remains virtually opaque and is confronted with several problems regarding RTI.

Major features of RTI Act, 2064 :-

The Act aims to ensure the exercise of citizens right to information.
the aim of the legislation is to make government activities open, responsive and transparent.
Exception to divulgence of information applies to documents relating to national sovereignty, territorial integrity, national security, matters affecting investigation of crime, subjects affecting the harmony among, various ethnic and religious groups, matters related to individual secrecy, public law and order, and international relations.
Each government office is required to classify and update information it has.
The Act contains the provision of ‘whistle blower protection’ for those willing to provide information to the probe agencies.
It has the provision requiring the public officials to proactively disclose the public information they possess.
Each office is required to designate an information officer.
The citizens can lodge complaint to higher authority, if unsatisfied from the information so provided.

Exception to divulgence (disclosure) of information

The RTI Act, 2064 has, however, put some exceptions to divulgence of information, if it : –

Seriously jeopardizes the sovereignty, integrity, national security, public peace and stability and international relations of Nepal.
Directly affects the investigation and prosecution of crimes.
Seriously affects the protection of economic, trade or monetary interest and intellectual property or banking of trade privacy.
jeopardizes the harmony among various ethnic communities.
Interferes on individual privacy and security of body, life, property or health of person.