Right to Information (RTI) and Transparency: Pillars of Good Governance
"The poverty of knowledge will be the deadliest poverty of the 21st century." — Edward Cornish
"The coming struggle will be for knowledge and information." — Alvin Toffler
1. Concept of the Right to Information
The Right to Information (RTI) is the legal right of individuals to request and receive information of public importance held by public bodies. RTI strengthens transparency, accountability and citizen empowerment by ensuring access to information about government decisions, processes and resources.
2. Historical and Legal Background
Sweden is widely credited as the origin of freedom of information through the Freedom of the Press Act (1766), which required prompt disclosure of requested information and written reasons when refusal was necessary. In the United States, the Administrative Procedure Act (1946) and the Freedom of Information Act (FOIA, 1966) established administrative transparency and public access to records.
Today, over 120 countries have RTI laws and more than 60 include the right to information in their constitutions.
RTI in Nepal
- The Archives Preservation Act (2046/1989 B.S.) allowed access to most records on payment of a fee.
- Constitutional recognition began in the Constitution of the Kingdom of Nepal (2047/1990 A.D.) under Article 16.
- The Interim Constitution (2063/2007) and the Constitution of Nepal (2072/2015) enshrine RTI as a fundamental right (Article 27), making Nepal the first country in South Asia to do so.
- The Right to Information Act (2064/2007) and its rules (2065/2008) operationalized the law, defining procedures, responsibilities and institutions such as the National Information Commission.
3. Definition of RTI
Under Section 2(g) of the Right to Information Act, RTI means the right to request and receive information of public importance from public bodies, including the rights to:
- Study or observe official written material and processes;
- Obtain certified copies of documents;
- Inspect sites of public works;
- Take certified samples of physical materials;
- Access information stored in any medium (digital or analog).
4. Objectives of RTI
- Make state actions open and transparent and keep public officials accountable;
- Provide simple and easy access to information of public importance;
- Protect sensitive information that could harm the state or citizens;
- Promote an informed citizenry and prevent misuse of public resources;
- Advance good governance and strengthen democratic participation.
5. Limits & Exceptions
The RTI Act (Section 3) restricts disclosure when it would:
- Threaten Nepal's sovereignty, integrity, national security, public order, or international relations;
- Interfere with criminal investigations or prosecutions;
- Harm economic, commercial, monetary, banking, or intellectual property interests;
- Disturb harmony among communities or caste groups;
- Violate personal privacy or endanger life, health, property, or safety.
6. What is Transparency?
Transparency is the practice of informing the public about the activities and decisions of public officials. It explains the cause, process and result (CPR) of public action and enables citizens to understand how decisions are made and resources are used.
Tools to promote transparency: Citizen charters, public hearings, social audits, information officers and spokespersons, proactive disclosure of reports and a grievance mechanism.
Key prerequisites for effective transparency
- Free and fair elections;
- Open and accountable government;
- Guarantee of RTI and civil/political rights;
- Active civil society and press freedom;
- Proactive publication and regular updates of public information.
7. Interconnection: RTI and Transparency
RTI and transparency are mutually reinforcing: RTI is the means to access information, while transparency is the goal of open governance. Together they form the foundation of democracy, human rights and effective public administration.
- RTI obliges public officials to disclose information proactively;
- Transparency creates an environment where RTI can be implemented easily;
- Both ensure meaningful citizen participation and accountability.
8. Impact, Challenges, and Solutions
Impact on public sector
- Encourages open-decision culture and citizen empowerment;
- Reduces corruption and increases financial discipline;
- Promotes accountability and improved service delivery.
Challenges in Nepal
- Traditional bureaucratic mindset and secrecy culture;
- Weak record management and institutional memory;
- Insufficient ICT use and lack of skilled staff;
- Poor classification of what to publish and when;
- Limited public awareness and risk of information misuse;
- Political reluctance or weak law enforcement.
Measures to strengthen RTI and Transparency
- Promote proactive disclosure systems and publish routine data;
- Digitalize records and modernize archive management;
- Simplify classification and disclosure procedures;
- Ensure whistleblower protection and strengthen the National Information Commission;
- Appoint information officers across public offices and provide training;
- Run civic education and media-strengthening programs; support investigative journalism;
- Allocate necessary resources and foster inter-agency coordination to prevent misuse.