1.3 Right to Information & Transparency

Right to Information (RTI)

The right to information, also known as the freedom of information, is a fundamental human right that grants individuals the ability to access and receive information held by public authorities or entities. It is based on the principle that citizens have a right to know about the activities, decisions, and policies of the government and public institutions that affect their lives. The right to information is recognized as a key pillar of transparent and accountable governance. Here are some key aspects of the right to information:

1. Legal Framework: The right to information is often enshrined in national laws or constitutions. These laws establish the legal framework that guarantees individuals' right to access information held by public authorities. They typically outline the procedures, obligations, and exemptions regarding the release of information.
2. Access to Information: The right to information provides individuals with the right to access a wide range of information, including government documents, reports, policies, legislation, budgets, and public records. It also covers information related to public services, decision-making processes, and the use of public resources.
3. Transparency and Accountability: The right to information promotes transparency and accountability in governance. By providing access to information, it enables citizens to scrutinize government actions, monitor the use of public resources, and hold public officials accountable for their decisions and conduct. It helps prevent corruption, abuse of power, and human rights violations.
4. Exceptions and Limitations: While the right to information is broad, there are certain exceptions and limitations to protect sensitive information or legitimate interests, such as national security, privacy, and commercial confidentiality. These limitations are typically specified in the relevant laws and must be narrowly defined and subject to strict scrutiny.
5. Proactive Disclosure: In addition to responding to individual requests for information, the right to information often includes provisions for proactive disclosure by public authorities. This means that public institutions are obliged to publish certain categories of information and make them easily accessible to the public without the need for specific requests.
6. Procedure for Requesting Information: Laws on the right to information typically establish procedures for individuals to request information from public authorities. These procedures may include requirements for submitting formal requests, timelines for response, and mechanisms for appealing decisions or seeking remedies if access is denied.
7. Promotion and Awareness: Governments and civil society organizations often undertake initiatives to promote awareness and educate the public about the right to information. This includes raising awareness about the existence of the right, informing citizens about how to exercise it, and advocating for the effective implementation and enforcement of relevant laws.

The right to information is vital for fostering transparency, accountability, and citizen participation in governance. By empowering individuals with access to information, it enables informed decision-making, facilitates public dialogue, and supports the effective functioning of democratic societies.

The Right to Information (RTI) in Nepal

The right to information (RTI) in Nepal is recognized as a fundamental right guaranteed by the Constitution of Nepal. The right to information is enshrined in Article 27 of the Constitution, which ensures that every citizen has the right to demand and receive information on matters of public importance.

In Nepal, the right to information is further supported by the Right to Information Act (RTI Act/ सूचनाको हक सम्बन्धी ऐन, २०६४ र नियमावली २०६५), which was enacted in 2007 and revised in 2018. The RTI Act provides a comprehensive legal framework for promoting transparency, accountability, and citizen participation in governance.

Key features of the RTI Act in Nepal include:

• Scope: The RTI Act applies to all public authorities, including government bodies, offices, and institutions at the national, provincial, and local levels.
• Right to Information: The RTI Act guarantees the right to information held by public authorities, covering various categories of information, including policies, decisions, budgets, reports, and records.
• Proactive Disclosure: The RTI Act emphasizes proactive disclosure of information by public authorities. It requires public bodies to disclose certain categories of information without the need for a specific request.
• Requesting Information: The RTI Act outlines the procedure for individuals to request information from public authorities. It specifies the form and manner of making a request, the time limits for the response, and the mechanisms for appeal and complaint if access is denied.
• Exemptions: The RTI Act includes provisions for exempting certain information from disclosure to protect sensitive interests, such as national security, privacy, and commercial confidentiality. However, these exemptions must be narrowly defined and subject to public interest considerations.
• Information Commission: The RTI Act establishes an independent Information Commission, which is responsible for overseeing and enforcing the right to information. The Commission has the authority to receive complaints, mediate disputes, conduct investigations, and issue directives to ensure the effective implementation of the Act.
• Awareness and Capacity Building: The government of Nepal, along with civil society organizations and media, conducts awareness campaigns and capacity-building programs to promote the right to information and educate citizens about their rights and responsibilities under the RTI Act.

The right to information has played a significant role in promoting transparency, accountability, and citizen engagement in Nepal. It has empowered individuals to access information, participate in decision-making processes, and hold public authorities accountable for their actions. The implementation and enforcement of the RTI Act are essential for strengthening democratic governance and ensuring the efficient and effective delivery of public services in Nepal.

Transparency

Transparency refers to the openness, visibility, and accessibility of information, processes, and decisions. It is a fundamental principle of governance that promotes accountability, public trust, and effective decision-making. Here are some key aspects and benefits of transparency:

• Access to Information: Transparency entails ensuring that information is readily available and accessible to the public. This includes making government documents, laws, policies, budgets, and public records easily obtainable. Accessible information enables individuals to make informed decisions, hold public officials accountable, and participate in public discourse.
• Open Decision-Making Processes: Transparent governance involves conducting decision-making processes in an open and inclusive manner. This includes public consultations, stakeholder engagement, and the disclosure of relevant information and data used in decision-making. Open processes allow for diverse perspectives, expertise, and feedback, leading to more informed and robust decisions.
• Accountability: Transparency facilitates accountability by enabling the public to scrutinize and assess the actions and performance of public officials, institutions, and organizations. When information is accessible, citizens can hold those in power responsible for their decisions, actions, and use of public resources. Transparency acts as a deterrent to corruption, unethical behavior, and abuse of power.
• Public Trust and Confidence: Transparent governance builds public trust and confidence in institutions and public officials. When governments and organizations are transparent, citizens feel more informed and empowered, leading to increased trust in the decision-making processes and the legitimacy of governance structures. Trust is vital for effective governance and the functioning of democratic societies.
• Efficiency and Effectiveness: Transparency contributes to the efficiency and effectiveness of governance. When information and processes are transparent, it becomes easier to identify inefficiencies, gaps, and areas for improvement. It enables public scrutiny and fosters accountability, which can lead to better resource allocation, reduced waste, and improved service delivery.
• Anti-Corruption Measures: Transparency is a crucial tool in combating corruption. By making information and processes visible and accessible, it becomes harder for corrupt practices to go unnoticed or unchecked. Transparent governance systems promote integrity, ethical behavior, and the fair and equitable use of resources.
• Citizen Engagement and Participation: Transparency encourages citizen engagement and participation in governance. When information is accessible, citizens can actively contribute to decision-making processes, provide feedback, and participate in monitoring and evaluation. Transparent governance systems facilitate civic participation and strengthen democratic principles.
• Trust and Investment: Transparency is also important for attracting investments, both domestic and foreign. When governments and institutions are transparent, it creates a favorable environment for businesses and investors, as they can assess risks, opportunities, and the regulatory framework more accurately. Transparency contributes to economic growth, stability, and the overall development of societies.

Overall, transparency is a foundational principle that promotes good governance, accountability, public trust, and citizen participation. By ensuring that information and processes are open and accessible, transparency strengthens democracy, fosters efficient governance, and contributes to the well-being of societies.

Interrelation between the Right to Information and Transparency

The right to information and transparency are closely interconnected and mutually reinforcing concepts within governance. Here's how they are related:

1. Access to Information: The right to information is a legal guarantee that grants individuals the ability to access information held by public authorities. It ensures that citizens have the right to request and receive information on matters of public importance. Access to information is a fundamental aspect of transparency as it allows the public to obtain the information they need to understand the functioning of government, decision-making processes, and the use of public resources.
2. Openness and Disclosure: Transparency involves the proactive disclosure and openness of information by public authorities. It goes beyond just responding to individual requests for information and encompasses the voluntary sharing of information with the public. Transparency ensures that relevant information is disclosed in a timely and accessible manner, without the need for specific requests. This proactive disclosure contributes to informed decision-making, accountability, and public trust.
3. Accountability: Both the right to information and transparency promote accountability in governance. When information is accessible, it becomes easier for individuals to hold public officials and institutions accountable for their actions, decisions, and use of public resources. Transparency provides the means for citizens to scrutinize government activities and assess whether they are aligned with public interests. The right to information supports this process by empowering individuals with the ability to request and receive information to hold authorities accountable.
4. Citizen Participation: Transparency and the right to information foster citizen engagement and participation in governance. When information is transparently available, citizens can actively participate in decision-making processes, provide input, and contribute to policy development. The right to information ensures that individuals have the necessary information to effectively engage in public affairs, express their opinions, and influence decision-making.
5. Trust and Confidence: Transparency and the right to information are essential for building public trust and confidence in government institutions. When governments are transparent and provide access to information, citizens feel informed, empowered, and engaged. This enhances trust in the decision-making processes, fosters credibility in public institutions, and strengthens the relationship between citizens and their government.
6. Combating Corruption: Transparency and the right to information are critical tools in combating corruption. By making information accessible and processes visible, they create an environment that deters corrupt practices. Transparency helps uncover and expose corrupt activities, while the right to information enables citizens to request information and report potential wrongdoing.

In summary, the right to information and transparency are intertwined concepts that promote open access to information, accountability, citizen participation, and trust in governance. The right to information supports transparency by granting individuals the legal authority to request and receive information, while transparency ensures proactive disclosure and openness in governance practices. Together, they contribute to accountable and participatory governance systems.