Although the Interim Constitution guarantees the right to information as a fundamental right of Nepalese citizens and the Right to Information Act and Regulation has already been made to provide information to the citizens, a large number of people are yet to gain access to information they require.
At a time when there are growing incidents of impunity and corruption at various development ministries, a free flow of information is necessary to prevent them. Experts argue that Right to Information (RTI) is crucial for promoting overall human rights.
Established under a legal provision of Right to Information Act, National Information Commission is there to monitor and implement the Act. But it lacks the institutional mechanism as well as capability to fulfill its institutional role.
Citizens theoretically have the right to access information held by public authorities, including all government organizations at national and local level to non-governmental organizations, political parties and any other body of public importance.
All the information held by public bodies should be subject to disclosure unless there is an overriding public interest justification for non-disclosure. According to RTI Act 2007, the government needs to provide all necessary information sought by citizens. It was recognized in Article 27 of the 2007 Interim Constitution also.
Although the National Information Commission was established in 2008 as an independent body to oversee the implementation of RTI Act, it still lacks the institutional capability. The commission formulated RTI Regulations in 2009 to protect, promote and implement RTI law.
The Commission is empowered to hear and adjudicate cases under RTI law and has power to issue orders to public agencies recommending and providing suggestions in RTI to public bodies and government. The commission can also impose fine, compensations, issue orders, prescribes timeframe to public bodies to provide information.
Although it is an all powerful body, its institutional capability is virtually non-existent. According NIC, it is still under staffed and under resourced. It does not have the manpower to update its website with relevant information and to establish a proper record keeping system as NIC staff are not experts on RTI.