Nepal
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10 February 2012
Nepal Backs Off Implementing Controversial Access Restrictions
The government of Nepal has decided not to implement a controversial classification scheme following strong objections from civil society groups that it would undercut access to information.
The prime minister has “assured” the leaders of groups protesting the planned changes… -
6 February 2012
Nepalese Court Continues Stay Order on Access Rules
The Supreme Court of Nepal on Feb. 5 extended an order to delay implementation of a government effort to deny access to 140 types of information.
Justices Girish Chandra Lal and Prakash Osti “gave continuity” to a Jan. 31 stay…
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Freedom of information is lately recognized as citizen’s right as compared to other fundamental rights in Nepal. It has been around two decades that the state acknowledged people’s access to information as fundamental right with the adoption of the 1990 constitution. The Right to Information (RTI), despite being guaranteed since 1990, was only given effect in July 2007 with the adoption of the RTI Act 2007 in Nepal. The Parliament of Nepal passed the Act in July, 2007 to give effect to the people’s fundamental right to seek and receive information on any matters of public importance held by public agencies.
The RTI Act is the outcome of approximately one-and-half decade of the movement for the RTI in Nepal led by media fraternity and civil society organizations. The 1990 Constitution of Nepal enshrined freedom of information as a fundamental right to its citizen with immense pressure on the part of media and civil society organizations. This marked immense progress in the enforcement of freedom of information in Nepal. Nevertheless, Nepalese citizen could not substantially exercise this right as tools for empowerment and enabling protection and other rights.
In addition, their efforts are also indispensably seen for the establishment of National Information Commission (NIC)-an independent body for the promotion, protection and practice of right to information on June 14, 2008 as well as on the ratification of Right to Information Regulation on Feb 9, 2009. All in all, the role played by Nepalese civil society and media is remarkable in institutionalizing freedom of information and establishing open and fair freedom of information regime in Nepal. Its promotion, protection and practice are the foundations of free, transparent and democratic society 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.
