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Right to Information
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Generally information means any material in any form
including records, documents, memos, e-mails, opinions, advices, press
releases, circulars, orders, logbooks, contracts, reports, papers,
samples, models, proceedings, decisions and any other activities.
Right to Information denotes the right to request and obtain information
of public importance held in public agencies. This term also includes
the right to study or observe any written documents, materials held in
public agencies or proceedings of such public agencies, to obtain a
verified copies of such written documents, to visit or observe the
places where any construction of public importance is going on and to
obtain verified samples of any materials or to obtain information held
in any type of machines.
The terms right to information and freedom of information are often used
interchangeably and have long been regarded as a fundamental human
right. Common Article 19 of Universal Declaration of Human Rights (UDHR)
and International Covenant on Civil and Political Rights (ICCPR)
recognize right to information as an implied right of freedom of
expression. Similarly, different countries have guaranteed right to
information as fundamental rights under the constitution.
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Right to Information in Nepal
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The Constitution of Kingdom of Nepal 1990 was the first constitution to
guarantee the right to information as a fundamental right of the
citizens' right. Article 16 of the then constitution provides everyone
the right to be informed on government or non-government public
activities, except when the law explicitly says otherwise.
The current Interim Constitution of 2006 has made a similar provision on
RTI in Article 27, under the chapter on Fundamental Rights. However, the
lack of a specific statute has impeded people from exercising this
fundamental right.
In 2007 the government has enacted 'Right to Information Act 2007'.
Under Article 3 of this Act provides every citizen right to information
and access to the information held in the public agencies. Similarly,
this Act has made provision of an independent 'National Information
Commission' to for the protection and promotion of right to information.
Regulation on Right to Information is another important instrument for
the effective implementation of the Act. Act provides for the
promulgation of regulation in consultation with the Commission.
Currently, the government is preparing to bring the regulation.
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Importance of RTI
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Right to Information is the foundation for the enjoyment of all sort of human rights.
Right to information or freedom of information empowers people for enjoyment of all the
recognized rights as well as claiming rights and making accountable to the public agencies.
The importance of RTI can be listed as following:
- Right to information is the symbol of the open society;
- Right to information is the fundamental for the far and wide development of a nation;
- Right to information is master key to good governance;
- Information is indispensable for the functioning of a true democracy;
- Right to information is a touchstone for the enjoyment of every other recognized human rights;
- Right to information as an indispensable for the socio-cultural, economic, political and overall development;
- Right to information guaranteed and implemented in the right spirit, can empower communities to take charge of their
lives by participating in decision-making; and
- The Right to Information is vital to bring transparency in administration and public life.
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