1.3 Right to Information and transparency

Transparency

“Transparency is a characteristic of government, companies, organization and individuals that are open in the clear disclosure of information, values, plans, process and action.” – Transparency International

Transparency creates accountability and helps in control of corruption.

Why transparency?

Transparency creates non corrupt administration
Ownership of public on public activities
Increase effectiveness of public service
Increase public trust and bring democratic practice to life
To improve public sector, increase responsibility, decrease spending

Increasing transparency

Article 27 of Constitution of Nepal 2072 has kept right to information as fundamental rights
Right to information Act 2064
Use of citizen charter
Use of spokes person in all ministries
Information flow via websites
Other means of publishing information like bulletin, monthly/yearly magazine etc
Decrease discretionary power
Work with public
clear division of work
code of conduct, citizen charter etc
Public pressure

Where transparency is important?

Working process of official, policy law and working procedure, decision making process, information flow, budget, code of conduct, press

Right to Information

Article 27 – Constitution of Nepal 2072 – “Every citizen shall have the right to seek information on any matters of concern to her/him 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.”

Process of Obtaining Information in Nepal from public sector

Demand information from concern officer (no cost) – If no information is provided after 15 days, complain can be filed to the chief of the office within 7 days – If no hearing is done by the Chief of office within 7 days of request, complain can be filed at national information commission within 35 days.

Exception to right to information

Information which may have negative impact in country’s sovereignty, unity, national security, peace or international relation
Information relating to ongoing criminal investigation which may effect the result
Information with impact on economic, business and monetary well being, intellectual property, banking or business secrecy.
Information which may destroy harmony among different ethnic communities
Personal privacy and information related to health, property and security threat

Article 28 – Constitution of Nepal 2072 – Right to privacy – “Except in circumstances provided by law, privacy in relation to the person, and their residence, property, documents, records, statistics and correspondence, and their reputation are inviolable.”

Problem establishing right to Information

No effort taken for internalization of right to information
Behavior yet to change and embrace openness
No priority to information collection, analysis, classification, storage and publication
Complex process of requesting and delivering information
Institutional mechanism not effective concerning right to information

Nature of public information