Committed to PEOPLE'S RIGHT TO KNOW
Vol. 5 Num 1115 Fri. July 20, 2007  
   
Front Page


Nepal parliament okays right to information bill


The Interim Legislature-Parliament in Nepal Wednesday unanimously passed a bill on "Right to Information" guaranteeing the public easy access to all the documents of the state except for information in five specified areas.

As per the new bill, an independent National Information Commission will be formed to secure people's right to information.

The bill empowers a citizen to get any sort of information within 15 days from a particular government office, public office or corporation, including government-funded agencies and NGOs receiving funds from foreign governments and foreign donors.

If not possible to provide the information within 15 days, the officer handling the information should provide a valid reason elaborating why the applicant is not entitled to receive the information.

If the information is related to one's life, it should be provided within 24 hours. As far as possible the information should be provided in the desired form to the applicant. If the desired information is not related to the office, the applicant should be informed about that. The applicant should pay for the information that he receives according to its worth.

To start the process, the offices will receive three-months to update their information and they will have to keep on updating it every three months. The commission will be made up of one chief commissioner and four commissioners, according to media reports in Kathmandu.

As per a new provision in the bill, if a government employee destroys any information, refuses to furnish it or provides false information, the employee could be fined from Rupees (Rs) 1,000 to Rs 25,000. The bill has also provided protection for informants.

The person, who misuses the received information, could also be fined Rs 5000 to 25,000. The officer who refuses to provide information without genuine reason could be fined Rs 200 for each day of delay.

The bill also has provision for maintaining secrecy of any information deemed sensitive or secret. A committee headed by the government's chief secretary will specify the information as secret and keep it secret for up to 30 years.

The bill has mentioned five areas of exemptions for withholding the information: The information, which might have serious and adverse impact on the country's sovereignty, integrity, national security, public peace and law and order and international relations.

Information that might hamper the investigation and filing of criminal cases, economic and commercial interest of the country and the intellectual property rights, banking and commercial secrecy that disrupt communal harmony and personal lives, security and other secrecy will be withheld.

But the public organisations under the bill will not be allowed to avoid providing information until there is an appropriate and sufficient reason for withholding the information.

The public organisations should provide the information to the applicants, after classifying the information to establish a distinction between exempted information and information which could be provided under the existing law.

The bill has specified the duties of public organisations to respect and protect citizens' right to information. The duties include categorising and updating information from time to time, making them public, making the public access to information simple and easy, making all activities open and transparent, managing training to the employees.

Under the provision of updating various information, the bill has mentioned that the public organisations should update the information dating back to at least 20 years.

They should also prepare a list of 11 types of information related to their works and services. Such information should be made public within three months after the act is implemented and such information should be updated every three months.

A committee headed by the speaker of the parliament including Minister for Information and Communications and President of Federation of Nepalese Journalists as members will appoint chief information commissioner and information commissioners including at least one female. The two third majority of the parliamentary committee related to information could remove commissioners from post.

The bill has made separate provision for classifying the information, which falls under the need of preservation. A committee will be formed to classify information headed by chief secretary of the Nepal government and related secretary and chief or related expert recommended by the chief as members.