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 the 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 the democratic practice to life
- To improve the public sector, increase responsibility, decrease spending
Increasing transparency
- Article 27 of the Constitution of Nepal 2072 has kept the right to information as fundamental rights
- Right to Information Act 2064
- Use of citizen charter
- Use of spokesperson 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 the public sector
Demand information from concern officer (no cost) – If no information is provided after 15 days, the complaint 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 the request, complain can be filed at national information commission within 35 days.
The exception to the right to information
- The information which may have a negative impact on a country’s sovereignty, unity, national security, peace, or international relation
- Information relating to an ongoing criminal investigation may effect the result
- Information with impact on economic, business, and monetary well-being, intellectual property, banking, or business secrecy.
- The 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 the Right to Information
- No effort taken for internalization of the right to information
- Behavior yet to change and embrace openness
- No priority to the information collection, analysis, classification, storage, and publication
- The complex process of requesting and delivering information
- Institutional mechanism not effective concerning the right to information
Nature of public information
- Realistic
- timely accessible
- economic
- clear
- released by an authentic person
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