Implementation of The Principles of Right To Information in Nepal: Expectations and Challenges Madhu Sudan Neupane

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Implementation of the Principles of Right to Information in Nepal: Expectations

and Challenges

*Madhu Sudan Neupane

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

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1. INTRODUCTION
Information is the basic groundwork of any public freedom acknowledged as the
fundamental Human Right in civilized society. In 1946 declaration of United Nations
General Assembly Resolution documented Right to Information (RTI) as a “Freedom of
information is a essential Human Right and the standard of all the freedoms to which the
United Nations is holy.” As per Universal Declaration of Human Rights (UDHR) 1948
adopted RTI under Article 19 as "Everyone has the right to freedom of opinion and
expression; this right includes freedom to hold opinions without interference and to seek,
receive and impart information and ideas through any media and regardless of frontiers.”
By the same token, in Article 19 of International Covenant on Civil and Political Rights
(ICCPR) explain RTI as "Everyone shall have the right to hold opinions without
Interference".

RTI is essential for maintaining transparency and accountability to protect democratic


press and the government (Neupane, 2014:92). The Right to Information is a fundamental
right in every sense of the word because it is absolutely essential to the healthy
functioning of a modern democracy since an uninformed citizen cannot possibly be
expected to be a good citizen (Gupta, 2017). So, there are some issues have been raised
by the scholar. Shilpa (2013) find out that RTI is one of the important tools to bring good
governance in the country. Similarly in a report Thurston & Lemieux (2015) explain
Right to Information Series brings onward in progress and continuing research on issues
related to clearness and the right to information.

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

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succeeded in utilizing it in investigative reporting. Comprehensive compromise provision
has not managed yet. If the exception is managed by constitution rather than providing
open space. It will really have better protection of the RTI.
The first constituent assembly election conducted in 2008 to provide proper and
permanent government for the people, but unfortunately, neither the government was
functioned permanetly nor the brueaucracy was able to mainten trasparency. Corruption
jumped in a high degree. Only the media had been created open environment to fulfill
the public duties. At that time main issues of the media was transparency, good
governance and accountability in all the sector. Government was trying to provide the
benefit to the different parties rather than focusing to the demand of the people.

Research questions

 What extent does Nepal’s RTI standards match international norms?


 How frequently do Nepalese media workers use RTI law when making
information request?
 Are Nepalese citizens and other stakeholders aware of the formal channels to use?
 How do public authorities and corporation respond to information requests from
the general public and media?

1.2. Objective of the study


i. To asses national and international instruments of RTI
ii. To analyze the implementation of RTI principles in Nepal
iii. To assess the challenges for exercising RTI in Nepal.
iv. To evaluate the media's perception regarding the RTI.

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

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right regarding freedom of speech and expression. It has written that “all citizens shall
have the right to freedom of speech and expression” (Article 19 (1) (a), Indian
Constitution, 1949). Likewise, Global Trends on the RTI survey of South Asia mentions

“The importance of RTI is to find corruption activities, making bodies'


accountable, revealing state secrecy in minimizing state misconduct, tacking food
security, environmental issues, and unemployment in different countries”
(Mender, 2006).
In the international arena, Right to information has been in a friendly way welcomed and
integrated in various international Human Rights document namely the Universal
Declaration of Human Rights 1948, International Covenant on Civil and Political Rights
1966, and International Covenant on Economic, Social, and Cultural Rights. At regional
level the documents like European Convention for the Protection of Human Rights and
Fundamental Freedoms, the American Convention on Human and People Rights
incorporates right to information as basic Human Rights (Borah, 2013). The Indian
Government has given the emphasis on RTI Act as the biggest success for Indian
democracy (Article 19, 2015).

2.1. Existing Legal Framework


Right to information is primarily governed by the Interim Constitution 2007, Right to
Information Act 2007, Right to Information Regulation 2009, Classification Guideline
issued by the Classification Committee formed pursuant to Article 27 of the Right to
Information Act. Apart from these instruments, a number of other statutes regulate right
to information. Interim Constitution, 2007 in its article 27 has ensured Right to
Information as the fundamental rights. It provides citizen the right to demand or obtain
information on any matters of concern to him / her or to the public. However, it does not
compel to provide information which is to be protected by the law. Section 3 and 30 of
Right to Information, 2007 has empowered Nepalese citizens to exercise this right to
obtain information of public importance and individual concern, respectively. This Act
has also made a separate provision for the classification and protection of the information

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in its section 27 and 28. Protection of the whistleblower and the requirement of proactive
disclosure by the public agencies are considered as the remarkable provisions of this Act.

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.

2.2. RTI and the Media


It can never survive unless there is a free and self-governing media to play the role of
watchdog. This implies keeping a close eye on politicians in their administrative
capacities as well as their law-making roles. It also implies maintaining a watchdog role
over government officials in their administrative and governing functions. (Louw,
2008:2). The media provides a link between the people and their government that acts as
a vehicle of mobilization. Media play major role for the movement of freedom in India
(Singh, 2011). Freedom of Information is the principle that organizations and
governments have a duty to share or provide access to information, based on the public’s
right to be informed (Bokova, 2011).

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.

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Journalist plays the critical role to carry out the voice of the people. They look after the
government officials in their administrative and government functions. It is not only the
case in Nepal but free independent and multiple media work out for the movement of
freedom all over the world.

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.

3.1. Map of the study districts:

3.2. Survey and interview


300 people form 12 districts were surveyed. Likewise 294 people were interviewed for
data collection. The numbers were randomly sampled. In this study 50 Teachers, 50
journalist, 12 Media owners, 50 public servants, 12 LDO, 12, CDOs, 12 information
officers, 14 police officers, 50 local intellectuals/ politicians. 32 NGOs and INGOs
officials were the part research.

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Table 1: Sampled population for Survey

3.3. Sampled population for Survey


Sector of sample Population in sampled areas.

Bureaucrats (Survey) 331

Media person (Survey) 333

Information Officer (Survey) 133

General educated public (Survey) 333

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.

Table 2: Sampled Population for Interviewed

3.4. Sampled Population for Interviewed


Sector of sample Population of study in sampled areas.

Teachers (Interview) 50

Journalist (Interview) 75

Local Intellectuals/ Politicians (Interview) 50

NGOs and INGOs officials (Interview) 38

Officers of Civil Services of Nepal

Civil servants from different public body 40


(Interview)

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Police Officers from sampled districts 10
(Interview)
Local Development Officers from sampled 10
districts (Interview)
Chief District Officers from different 9
Sampled districts (Interview)
Information Officers from pubic offices of 12
Nepal government (Interview)
Total 294

Note: The interviewees were randomly sampled from the selected group of people.

4. Findings (RTI Survey in Nepal)

4.1. RTI among Nepalese People


This study has tried to explore the awareness level of the RTI among the Nepalese. For
this purpose, 331 samples were taken, of which respondents were selected from Eastern
Development Region, Central Development Region, Western Development Region,
Middle Western Development Region and Far Western Development Region. Among
these development regions, there are three districts from the eastern development region,
Central Development Region and two districts from each remaining development region
for a sampling basis. They are Jhapa, Morang, Dhankuta, Kathmandu, Kavrepalanchok,
Nuwakot, Lamjhung, Kaski, Surkhet, Banke, Kailali, and Doti districts. These sampling
districts have been selected as per judgmental sampling basis.

Table 3: RTI Awareness to the Nepalese People

Response Frequency %
Information is the right of people 201 60.73

Public authority should respect and protect people's rights 139 41.99

Public body should publish timely information 123 37.16

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RTI has been provisioned as a fundamental rights of people 121 36.56

Nation should provide right to information to the citizens


without any intervention. 113 34.14

The information which is under the investigation procedures


should be secret 101 30.51

Every people should have access about the information on


public affairs. 99 29.91

We can ask/seek any information from any govt. authorities


when needed. 99 29.91

Transparency, disclosure, confidentiality and the role of NIC is


discussed in the RTI Act. 91 27.49

File the case for not receiving information 88 26.59

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

Security areas information are prohibited to expose 78 23.56

Utility of information 61 18.43

Information should be received as per the necessities 55 16.62

Note: % adds up to more than 100 due to multiple responses.

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.

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4.2. Problem faced to get information
This study had identified that majority of bureaucrats lack proper data and shows their
negligence while transforming information to the general public. Some of the officials
were found untrained about RTI and were guided by nepotism and favoritism while
delivering the services. So, it is necessary to develop the information providing culture
among the bureaucrats.

4.3. Perceptions of the people on the events presented by media


The notions of the respondents vary regarding the issues of the information covered by
mass media. A participant of Jhapa district said that media has become unable to deliver
credible news as lack of reliable sources hamper dissemination of accurate information.
Likewise a participant of Kathmandu district said people are getting information from the
media and not from the authority. The people of Doti district said that some of the media
have negative motives to take the money instead of news.

Perceptions of the participants

"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

4.4. Awareness of RTI among the people


RTI is the basic human right of every individual residing in the country. While asking the
question to the respondents about the information regarding RTI, majority 89.1% of the
respondents were aware about the right to information while the rest were found to be
unaware about this Act. Among the respondents, 85.8% of the respondents had good
knowledge about the RTI Act 2007 where as relatively lower %s of 40.5 were aware
about the provisions of this Act. The rest of the respondents had no proper knowledge on
RTI.
Table 4: Information about (Right to Information) RTI

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Information about RTI Frequency %

Knowledge about RTI

No 47 14.2

Yes 295 89.1

Total 331 100.0

Knowledge about RTI Act of Nepal, 2007

No 36 10.9

Yes 284 85.8

Total 331 100.0

Awareness about the some provisions of this Act

No 197 59.5

Yes 134 40.5

Total 331 100.0

4.5. Information seeking behavior of people


Less than half, which is, 45.3% of the respondents prefer seeking information about the
RTI Act. It shows that generally in Nepal, more than half of the people are not habitual to
seek the information.

Table 5: Ever used the Act to seek information

Seeking information Frequency %

Yes 150 45.3

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No 181 54.7

Total 331 100.0

4.6. Information about RTI


Less than one third, 25.7% of the respondents were not receiving the information from
authority. Relatively very low, 14.5% of the respondents were not asked the justification
while 85.5% of the respondents were asked for justification. Only 19.9% of the
respondents received the information as they asked. Similarly 74.9% respondents
received timely information while 23% respondents faced different problems while
getting information. (Table 4)

Table 6 : Information about RTI

Information Frequency %

Did you receive information from the authority

Yes 85 25.7

No 246 74.3

Total 331 100.0

Did authority ask for justification?

Yes 283 85.5

No 48 14.5

Total 331 100.0

Did you receive the required information?

Yes 66 19.9

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No 265 80.1

Total 331 100.0

Did you receive information on time?

Yes 248 74.9

No 83 25.1

Total 331 100.0

Did you face any problems in getting the


information?

Yes 76 23.0

No 255 77.0

Total 331 100.0

4.7. Facing any problems in getting the information


Large majority of the respondents, that is, 77% respondents were facing problems in
getting the information. It shows that our public bodies are not responsible towards the
rights of the people.
Table 7: Facing problems in getting the information

Information Frequency %

Facing problems in getting the information

Yes 255 77.0

No 76 23.0

Total 331 100.0

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4.8. Faced problems related to RTI
Nine out of ten, that is, 87.3 % of the respondents were denied information from the
authority. 84.9 % of the respondents were detail to receive communication. (Table 6)
Table 8: Problem related to RTI

Authority deny information Frequency %

Yes 289 87.3

No 42 12.7

Total 331 100.0

Did you receive communication of denial?

Yes 281 84.9

No 50 15.1

Total 331 100.0

4.9. Satisfaction regarding RTI


32 % of the respondents were satisfied with the information provided by the authority
where, 73.4 % of the respondents did not appeal anywhere.

Table 9 : Satisfaction regarding RTI

Satisfaction regarding RTI Frequency %

No 225 68.0

Yes 106 32.0

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Total 331 100.0

If no, did you appeal anywhere else

No 88 73.4

Yes 243 26.6

Total 331 100.0

4.10. Sources of information


72.2 %of the respondents reveals that media was the source of information to know about
the professional organization to exercise RTI followed by 19.6 % who came to know
about it through RTI awareness programs and 8.2 % of the participants were sensitized
by peer groups.

Table 10: Sources of information

Sources of information Frequency %

Media 239 72.2

Peer group 27 8.2

RTI awareness programs 65 19.6

Total 331 100.0

4.11. Association between gender and discussion on RTI Act


The study reveals that while comparing with gender on discussion about the RTI Act, 93
% of the male and 91.5 % female were discussing about the RTI Act. This shows that
male respondents are relatively more than their female counterparts. Male and female
participants have no difference while discussing about the RTI .The chi-square

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association about the gender to discuss about the RTI Act is not significant. That is,P-
Value = 0.0719. It shows that there is a significant difference between gender and the
discussion on RTI Act in Nepal.

Table 11: Association between Gender and Discussion on RTI Act

Gender Yes No Total

Frequency % Frequency % Frequency %

Male 264 93.0 20 7.0 284 100.0

Female 43 91.5 4 8.5 47 100.0

Chi-square = 0.129, P-Value = 0.0719

4.12. Association between gender and discussion on the RTI Act,


The study reveals that while comparing with gender on discussion about the RTI Act,
17.2 % of the male and 52.9 % female were discussing about the RTI Act. This shows
that more female respondents were discussing on RTI Act than male participants.

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.

Table 12: Association between genders while thinking about RTI

In some case In half of the In most of the Total


case case

Gender Frequency % Frequency % Frequency % Frequency %

Male 20 17.2 5 4.3 91 78.4 116 100

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Female 9 52.9 1 5.9 7 41.2 17 100.0

Chi-Square Tests = 11.543a


P value = 0.003

4.13. Solution for good practices of RTI in Nepal


Most of the people mentioned that government should design suitable curriculum from
the school level to the college level to make good practices of RTI in Nepal. They said
that people has to be aware to enjoy their rights including RTI for demanding information
to their concerned. The participants said that social campaign is necessary to get RTI
rights. They said that central media and local media should mobilize equally for its
expansions. Most of the people said that there is need of active participation of local
intellectuals for its utilization. Political parties have to train its leaders on RTI issues for
its proper implementation. They said that it is necessary to train information officers as
well.

"Public servant should know his obligations and responsibilities to provide the concerned
information on public. “Participant of Jhapa

"Public servant, Professional communicators, journalist should not have to politicize it


their personal interest". Participant of Jhapa

4.14. Awareness among the people on Sample Districts


Table 13. Awareness on people

Frequency %

Knowledge on Right to Information (RTI) Act of


295 89.1
Nepal, 2007

People's awareness on Right to Information 284 85.8

Authority asking for justification 283 85.5

Receive communication of denial 281 84.9

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Knowledge of the people on existence of international
272 82.2
instrument of RTI

Problems faced in getting the information 255 77.0

People use this Act to seek information 150 45.3

Professional organization to exercise RTI 136 41.1

Aware about some of the provisions of this Act 134 40.5

Satisfactions of the people towards the information


106 32.0
provided by the authority

Information received from the authority 85 25.7

Information received on time 83 25.1

Accurate information received as per the demand 66 19.9

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

Media person 331 13.5257 2.20504 13.2873 13.7641 .000

Information
133 6.6212 .89554 6.4670 6.7754 .000
officer

Bureaucrats 333 2.2132 .49656 2.1597 2.2667 .000

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Overall
29.9545 2.95737 29.4453 30.4638 .000
awareness

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.

Table 15: Comparison of gender Vs awareness and opinion about RTI

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

Total 1145.727 131


Opinion of participants
Between Groups .241 1 .241 .067 0.796
Within Groups 468.692 131 3.578
Total 468.932 132

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5. Conclusions
The general people of the study area namely Jhapa, Morang, Dhankuta, Kathmandu,
Nuwakot, Kavre, Lamjhung, Kaski, Kailali, Surkhet, Banke and Doti districts were found
to have varied knowledge and perceptions regarding the RTI Act 2007. They were not
habituated to use this Act to seek information from the concerned public authorities. The
participants have different level of awareness regarding RTI. Most of the participants said
that right to information is their fundamental right and that public authorities should
respect and protect the RTI in favor of the people starting by publishing respective
information of public concern.

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
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each nation. Political commitment is the key factor for the effective
implementation of RTI in the context of Nepal.

 NIC has to focus on conducting a massive awareness campaign to educate the


citizen about the RTI Act which can encourage citizen to participate in RTI
activities.

 Development authorities has to organize educational program to advance the


understanding of the public, in particular focusing on underprivileged group in
Nepal regarding the practice of the rights contemplated under the RTI Act.

 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.

 Parliament of Nepal is also responsible to implement the provision of RTI by


repealing, amending and issuing up-to-date laws.

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General Editor Stephanie E. Trapnell, January 30, 2015, Working Paper No. 3,
Pg. 8
 UNDP: 2006:4, Bureau for Development Policy Democratic Governance Group a
Guide to Measuring the Impact of Practical Guidance Right to Information
Programs pg : 4 ( Visited at 7th Sept. 2015, available at http://www .right2 info.
org .
 United Nations General Assembly Resolution 59(I), 14 December 1946
 Universal Declaration of Human Rights, adopted by United Nations General
Assembly in Paris, adopted by General Assembly resolution 2200A (XXI) of 16
December 1966 and entered into force

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Electronic copy available at: https://ssrn.com/abstract=3422866

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