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Implementation of The Principles of Right To Information in Nepal: Expectations and Challenges Madhu Sudan Neupane
Implementation of The Principles of Right To Information in Nepal: Expectations and Challenges Madhu Sudan Neupane
Implementation of The Principles of Right To Information in Nepal: Expectations and Challenges Madhu Sudan Neupane
and Challenges
Abstract
The key factors of RTI are accountability, transparency on public and private institutions,
responsibility leading to good governance. Nepal has become the first country in south
Asia having the 'Right to Information' as a fundamental right. The Purpose of this Study
is to analyze the RTI practices on public and private agencies, media, and its
stakeholders in Nepal. The objectives of this study are to appraise national and
international instruments, to analyze the implementation of RTI principles, to assess the
challenges for exercising RTI in Nepal and to evaluate the media response on RTI. For
this, the researcher has applied both quantitative and qualitative methods. In addition,
Survey, Questionnaire, Interview, Focus group discussion, and case study in twelve
administrative districts of Nepal have been used as data collection techniques. The
numbers of the respondents have been selected based on random sampling method. The
findings reveal that RTI has become the part and parcel of Human Rights. The main
weakness of Nepalese democratic system with respect of RTI in Nepal is that government
agencies and the authorities are not ready to provide proper, accurate, and balanced
information to the people and civil society. Nepalese journalist and press are not
functioning effectively for positive results. Furthermore, information culture has not been
developed yet. This research article can be concluded that among the entire respondents
(media persons, common people, information officers and the bureaucrats), media
persons were more aware about the RTI and its provisions. It shows that media persons
have better knowledge than others groups of the society. After the media, common people
were also aware on RTI issues. It proves that Nepalese bureaucrats possess least
knowledge among the surveyed groups on RTI issues and provisions.
Key words: Implementation, Principles RTI, Expectations and Challenges
1.1. Problems
Nepal issued its first separate law on RTI in July 2007, which has been considered as the
most powerful right of the people. But, despite the necessity and expected speed, it has
not been implemented properly. Mass Media, Media professionals or the journalists as
well as Social organizations, organizations related to people’s rights, organizations
against corruption and citizens are demanding public information rapidly but the
government agencies are not ready to provide proper, accurate and balanced information.
Nepali Press has been fighting continuously for 26 years to get this Act, still has not
Research questions
2. REVIEW
RTI is a key tool to insure accountability, transparency in the government activities. It
supports for financial integrity and minimization of irregularities or misconduct. The
status of RTI reflects a degree of democratization in the nation. Access to information
provides an environment for investigative journalism. RTI has been documented as a tool
to maintain transparency in India. Indian constitution has clearly mentioned about the
Right to Information Regulation 2009 A.D was adopted in accordance with the section 38
of the Right to Information Act, 2007 for the implementation of the right embedded in the
Right to Information Act, 2007.
2.3. Principles
Principles are important in all social discipline. The campaigners, lawyers,
representatives of the people and public officials etc. should apply the principles to
energize their knowledge. It is committed to maintain transparency in government's
activities. So, RTI principles contribute for improving governance and ensuring
accountability which reinforce democracy across the world (ISS: 1999). In fact, the RTI
activities pressure on the principle of "maximum disclosure" which presumes to all
information held by public bodies can be accessed by general people (UNDP, 2004).
2.4. Summary
Thus RTI has to maintain accountability and transparency in the state activities which
finally lead to good governance. RTI is the fundamental human right ensured by
comprehensive legislation. It is associated with requesting and receiving concerned
information from the public body which create a harmonious relationship between the
government and citizens. It is a vital tool for the democratic system to act effectively.
3. Method
This study has based on both quantitative and qualitative research methods. In addition,
Survey, Questionnaire, Interview, Focus group discussion, and case study in twelve
administrative districts of Nepal have been used as data collection techniques. The
numbers of the respondents have been selected based on random sampling method.
Total 1130
294 people were randomly selected for interview from the selected district of Jhapa,
Morang, Dhankuta, Kathmandu, Nuwakot, Kavre, Kaski, Lamjhung, Surkhet, Banke,
Doti, and Kailali.
Teachers (Interview) 50
Journalist (Interview) 75
Note: The interviewees were randomly sampled from the selected group of people.
Response Frequency %
Information is the right of people 201 60.73
Public authority should respect and protect people's rights 139 41.99
Any person can file the case if they do not receive information
in the matter to the information officer as well as NIC office 87 26.28
The above mentioned table shows that Nepalese people have less knowledge about RTI
but they have known that information is the right of the people which public authorities
should give due respect and they should also fulfill their duties as per the requirements. It
is also found out that the general people are not habituated to seek information from the
concerned public authorities.
"Due to lack of credible news source, it is so hard to deliver the accurate information as
a form of news" - Participant of Jhapa
"People are getting the information on public concern from the media, not from the
authority." Participant of Kathmandu
10
No 47 14.2
No 36 10.9
No 197 59.5
11
Information Frequency %
Yes 85 25.7
No 246 74.3
No 48 14.5
Yes 66 19.9
12
No 83 25.1
Yes 76 23.0
No 255 77.0
Information Frequency %
No 76 23.0
13
No 42 12.7
No 50 15.1
No 225 68.0
14
No 88 73.4
15
The chi-square association about the gender and discussion about the RTI Act is
significant; that is, P-Value = 0.003. It shows that there is significant difference between
gender and the discussion on RTI Act in Nepal.
16
"Public servant should know his obligations and responsibilities to provide the concerned
information on public. “Participant of Jhapa
Frequency %
17
The total awareness level of people was mean+_ Std. Deviation (7.3414+_1.61660) with
CI (7.1666-7.5162) and p value= .000
Table 14: Awareness level of respondents
Std. CI CI p-value
N Mean Deviation (Lower) (Upper)
Common
331 7.3414 1.61660 7.1666 7.5162 .000
People
Information
133 6.6212 .89554 6.4670 6.7754 .000
officer
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4.15. Comparison of gender vs. awareness and opinion about RTI (N=1130)
During the time of data collection, we got some gender biases on information. This result
is based on all the participants taken for the study including general people, media
persons, information officers and bureaucrats. This is based on gender within and
between the groups. The repeated measures (ANOVA) on gender vs. awareness about
RTI shows that there were no significant differences between RTI related information
based on gender (male, female and others) that is. p-value 0.166. Similarly, the repeated
measures (ANOVA) on gender vs. opinion of participants about RTI shows that there
were no significant differences between RTI related information based on gender (male,
female and others), that is, p-value 0.796.
Sum of
Squares Df Mean Square F-test Sig.
Awareness level of participants
Between Groups 16.849 1 16.849 1.940
Within Groups 0.166
1128.879 130 8.684
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People are facing many problems to get information using the normal channel. They said
that Nepalese bureaucrats do not have proper data or record to file the information on
concerned issues. Some people opined that they have been suffering from the negligence
of the government officers to get required information. As per the perception of the
people, public servants of Nepal are not aware enough towards their duties and
responsibilities and are not trained for swift service.
Nepalese media have also not effectively covered the information regarding the right to
information. Most of the people said that mass media are doing well by providing the
information on public concerned issues but the common concern was that most of the
media outlets are controlled by political ideologies. RTI is a major instrument to bring
social change and transparency in the administrative system. The participants said that it
is necessary to provide factual information as general public should be conscious about
their right to receive information. Secrecy promotes corruption.
RTI enhances the quality of service delivery. The basis of good governance is open and
free delivery of information. Transparency, accuracy, accountability, good governance,
impartiality and people's participation on government activities are the fundamental
obligations of the bureaucracy in Nepal.
6. Recommendations
RTI implementation in Nepal is affected by the political system of the
government. Political leadership play crucial role for the promotion of RTI in
20
A free media is strategically positioned to bring to the notice of the public the
whole range of information freely, fairly and objectively keeping an eye on what
concerns the public, what they want and need to know.
The civil society organizations has to create RTI Forum which can support for
public education campaigns through mutual efforts connecting government, civil
society and media to make certain that people are attentive of their right to
information and the procedures for its proper exercise.
Independent judiciary and law enforcement agencies are a sine qua non for
implementation of the RTI Act. Without an independent judiciary right to
information can turn out to be illusory.
Implementation body should make "Proper RTI Plan" to make it accessible for the
people. Suitable RTI campaign needs to be developed for enhancing knowledge
on national and international issues on RTI and its phenomenon.
21
Article 19, 2015 (London) and Tifa Foundation (Indonesia), with full support
from, the Government of Australia through the Australia Nusa Tenggara
Assistance for Regional, Autonomy (ANTARA) program, Asia Disclosed: A
Review of the Right to Information across Asia
Borah K. S. (2013), Right to Information Act: a key to good governance,
International Journal of Humanities and Social Science Invention, Volume 2 Issue
2, PP.11-22
Civil and Political Rights (ICCPR) 1966
Indian constitution1949, article no. 19(1,a)
International Standards Series, 1999 , The Public's Right to Know: Principles on
Freedom of Information Legislation, Article 19, London, (article19.org.) p.2
Louw Raymond, 2008, Media Freedom, Transparency and Governance, (African
Perspectives Global Insights) South African Institute of International Affairs,
SAIIA occasional Paper: Analysing key policy and governance issues, p.2
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