Republica:Tanka Aryal:Nepal:Wednesday, 28 September 2011.
Today, September 28, is the Right to Know Day (RTK Day). This day is dedicated for transparency and openness. The goal of RTK Day is to raise global awareness of individuals’ right to access government information and to promote Right to Information (RTI) as a fundamental human right.
Openness and transparency are pre-requisites for democracy where RTI serves as a tool for it. People´s participation in the governance process and accountability of the service-provider toward citizens are essentials in a true democracy. RTI empowers public to get information from the public agencies, which ultimately increases the responsibility of the public agencies to be effective, transparent, accountable and efficient.
Informed citizenry is an asset of the country and foundation of democracy. Information facilitates democracy in two ways. First, it helps to ensure citizens to have the information required to participate meaningfully in the democratic process, and second, politicians and bureaucrats remain accountable to the citizenry. Democratic progress requires the ready availability of true and complete information. In this way, people can objectively evaluate their government´s policy. Thus, RTI is taken as a tool that promotes democracy.
In practice, RTI is considered as a very efficient instrument to bridge the gap between service provider and seeker. RTI empowers public and imposes obligation to the public agencies, which balances the power, rights and obligation of the demand and supply side of information.
Similarly, RTI is understood as a vibrant tool for promoting accountability and transparency. Without substantive guarantee of RTI, good governance remains just a dream.
Openness and transparency are pre-requisites for democracy where RTI serves as a tool for it. People´s participation in the governance process and accountability of the service-provider toward citizens are essentials in a true democracy. RTI empowers public to get information from the public agencies, which ultimately increases the responsibility of the public agencies to be effective, transparent, accountable and efficient.
Informed citizenry is an asset of the country and foundation of democracy. Information facilitates democracy in two ways. First, it helps to ensure citizens to have the information required to participate meaningfully in the democratic process, and second, politicians and bureaucrats remain accountable to the citizenry. Democratic progress requires the ready availability of true and complete information. In this way, people can objectively evaluate their government´s policy. Thus, RTI is taken as a tool that promotes democracy.
In practice, RTI is considered as a very efficient instrument to bridge the gap between service provider and seeker. RTI empowers public and imposes obligation to the public agencies, which balances the power, rights and obligation of the demand and supply side of information.
Similarly, RTI is understood as a vibrant tool for promoting accountability and transparency. Without substantive guarantee of RTI, good governance remains just a dream.
It is true that public agencies are always trying to withhold information and function secretly. Massive pressure is needed to make bureaucracy transparent and pro-people, which is lacking in Nepal.
Considering its information, about 100 countries across the world have provided legal protection to RTI. Many of them have guaranteed it as a fundamental right in their constitution.
RTI is guaranteed as a fundamental right of the citizen by the Interim Constitution of Nepal. The implementing legislation, Right to Information Act, was enforced on August 20, 2007. Adoption of Right to Information Regulation 2009 and formation of an independent oversight body, the National Information Commission (NIC), are further positive indicators for the legal protection of RTI in Nepal.
Access to information is a right of everyone; access is the rule, secrecy is the exception. The RTI jurisprudence says application process should be simple, speedy, and free; officials have a duty to assist requestors; refusal of information must be justified; everyone has the right to appeal an adverse decision; public bodies should proactively publish core information; and the right should be guaranteed by an independent body. Most of the principles are adopted by Nepali laws protecting RTI.
The major problem of Nepal vis-à-vis RTI is the implementation. Proactive disclosure of information every three months, appointment of information officer in every public agency, update of the information on a regular basis, capacity building of the staffs of public agencies for the effective implementation of RTI laws are the some of the major areas that are totally ignored by public agencies.
The weak role of the NIC is another hindrance for implementation of RTI laws. Though NIC is mandated for protection, promotion and implementation of RTI Act, the role is not satisfactory. It is known that NIC is also facing human and financial shortage and non-cooperation from government in many cases.
The ignorance of the public regarding RTI is also a factor for not implementing RTI laws effectively. Many people have a misunderstanding that RTI is a right of media persons while those who know about it are reluctant to use it. It is true that public agencies are always trying to withhold information and function secretly. Massive pressure is needed to make bureaucracy transparent and pro-people, which is lacking in Nepal.
Considering the fact, awareness on RTI and RTK is essential in Nepal. One of the major objectives for marking RTK day is to create awareness among the general public about the existence of RTI laws and motivate them to apply it. Similarly, it is also to pressure public agencies to act according to the RTI laws of Nepal.
In Nepal, very few individual and organizations are working for the promotion and protection of right to information. The activities carried out by institutions like NIC and some NGO´s are not sufficient; it should be widened with the engagement of the larger NGO community and government agencies.
The writer is Executive Director of Citizens´ Campaign for Right to Information
RTI is guaranteed as a fundamental right of the citizen by the Interim Constitution of Nepal. The implementing legislation, Right to Information Act, was enforced on August 20, 2007. Adoption of Right to Information Regulation 2009 and formation of an independent oversight body, the National Information Commission (NIC), are further positive indicators for the legal protection of RTI in Nepal.
Access to information is a right of everyone; access is the rule, secrecy is the exception. The RTI jurisprudence says application process should be simple, speedy, and free; officials have a duty to assist requestors; refusal of information must be justified; everyone has the right to appeal an adverse decision; public bodies should proactively publish core information; and the right should be guaranteed by an independent body. Most of the principles are adopted by Nepali laws protecting RTI.
The major problem of Nepal vis-à-vis RTI is the implementation. Proactive disclosure of information every three months, appointment of information officer in every public agency, update of the information on a regular basis, capacity building of the staffs of public agencies for the effective implementation of RTI laws are the some of the major areas that are totally ignored by public agencies.
The weak role of the NIC is another hindrance for implementation of RTI laws. Though NIC is mandated for protection, promotion and implementation of RTI Act, the role is not satisfactory. It is known that NIC is also facing human and financial shortage and non-cooperation from government in many cases.
The ignorance of the public regarding RTI is also a factor for not implementing RTI laws effectively. Many people have a misunderstanding that RTI is a right of media persons while those who know about it are reluctant to use it. It is true that public agencies are always trying to withhold information and function secretly. Massive pressure is needed to make bureaucracy transparent and pro-people, which is lacking in Nepal.
Considering the fact, awareness on RTI and RTK is essential in Nepal. One of the major objectives for marking RTK day is to create awareness among the general public about the existence of RTI laws and motivate them to apply it. Similarly, it is also to pressure public agencies to act according to the RTI laws of Nepal.
In Nepal, very few individual and organizations are working for the promotion and protection of right to information. The activities carried out by institutions like NIC and some NGO´s are not sufficient; it should be widened with the engagement of the larger NGO community and government agencies.
The writer is Executive Director of Citizens´ Campaign for Right to Information
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