Corruption permeates every facet of Nepali society, as evidenced by Transparency International’s Report 2023, which places Nepal in 108th out of 180 countries with a score of only 35 points. Alarmingly, 84 percent of Nepali citizens view corruption as the country’s most significant problem, and 12 percent of those seeking public services admit to paying bribes. The challenge of reducing corruption is exacerbated by the fact that institutions meant to combat corruption often shelter corrupt individuals themselves, exemplified by the fake Bhutanese refugee scandal involving the Ministry of Home Affairs and other leaders of various political parties.
It has become a widespread belief that no industry or business can thrive without evading taxes, dodging duties, or engaging in black market activities. Policy corruption, driven by political collusion, has reached alarming levels, with major scams implicating various political parties. Regulatory bodies are manipulated for political appointments and bargaining, while the judiciary and legislature, which should serve as checks on the government, often appear powerless.
Many Nepalis have lost hope for their future and their children’s future in the country, as evidenced by the daily crowds at the airport seeking to migrate abroad. Instead of promoting entrepreneurship and employment opportunities, Nepal’s import and distribution-focused economic policies have encouraged youth migration and brain drain.
In this bleak scenario, the right to information (RTI) offers a beacon of hope. Exercising RTI can empower ordinary citizens to expose corruption, potentially deterring corrupt practices by increasing public scrutiny. Despite procedural hurdles and bureaucratic resistance, persistent demands for information can pressure public bodies to become more transparent and accountable.
RTI to combat corruption
RTI is an easy, important, and powerful tool for citizens to combat corruption. By exposing corrupt individuals, their public images can be tarnished, preventing them from attaining public positions. This creates a deterrent effect, discouraging behaviors such as hiding files, creating fake reports to embezzle funds, and benefiting from rule violations.
The right to information predates the Universal Declaration of Human Rights. On December 14, 1946, the United Nations General Assembly stated, “Freedom of information is a fundamental human right and the touchstone of all the freedoms to which the United Nations is dedicated.” This right implies the ability to gather, transmit, and publish news without interference. The International Covenant on Civil and Political Rights, adopted in 1966, guarantees the right to information, albeit with some restrictions regarding the reputation of others, national security, incitement to violence, public health, and morals.
However, obtaining information from public bodies is not straightforward. While it is the responsibility of public bodies to provide information, the process can be cumbersome. Many individuals lack the patience to navigate the methods and procedures required, leading to a high dropout rate among those who initiate information requests.
There must be a strong demand for information to make the supply side accountable. Such demand can pressure public bodies to be more accountable and transparent. The right to information campaign envisions a scenario where information is disclosed proactively, eliminating the need for formal requests. The Right to Information Act (2007) and its Regulations (2008) mandate public bodies to disclose 20 types of information every three months.
Despite these provisions, the culture of maximum disclosure. proactive disclosure of information remains underdeveloped. The National Information Commission, established 16 years ago, has made limited progress. Article 27 of the Constitution of Nepal recognizes the right to information as a fundamental right, yet the general public has not effectively exercised this right. Only a small number of journalists and activists utilize RTI in their professional lives, and its promotion has not reached the general populace.
Large state-funded projects, such as the President Educational Reform Program and Women’s Empowerment Program, are intended to uplift various sectors. However, without active citizen monitoring through RTI, these initiatives are susceptible to corruption. There are 761 governments with rights to plan and execute simultaneously but the committees responsible to monitor them are not effective—whether be it in federal, provincial or local level.
A review of 11 university websites revealed that very few publicly posted the photo, contact number, or email of the information officer, a mandatory provision according to Right to Information Act.
Citizens can play a crucial role in monitoring government plans. But due to a lack of awareness among taxpayers they are being helpless and the graph of corruption has gone up. In most government bodies, the disbursement of the allocated budget is considered an indicator of progress. No monitoring has been done on whether the projects have achieved the goals and objectives. General public can do that effectively by using RTI.
The Office of the Auditor General has highlighted that progress reports from various ministries often contain vague details. If citizens request and publicize such information, it would create pressure and lead to more effective work.
Reluctant academia
The academic sector has also been slow to embrace RTI. A review of 11 university websites revealed that very few publicly posted the photo, contact number, or email of the information officer, a mandatory provision of RTI (see the table below).
| SN | Institutions | Website | Information Officer | Phone No. | |
| 1 | Tribhuvan University | https://tu.edu.np/ | Bhim Bdr. Shrestha | Yes | No |
| 2 | Kathmandu University | https://www.ku.edu.np/ | No | No | No |
| 3 | Mid-West University | https://www.mwu.edu.np/ | No | No | No |
| 4 | Purbanchal University | https://www.puexam.edu.np/ | No | No | No |
| 5 | Pokhara University | https://pu.edu.np/ | No | No | No |
| 6 | Nepal Sanskrit University | https://nsu.edu.np/ | No | No | No |
| 7 | Agriculture and Forestry University | https://www.afu.edu.np/ | No | No | No |
| 8 | Far Western University | https://www.fwu.edu.np/ | Santosh Bista | Yes | Yes |
| 9 | Nepal Open University | https://nou.edu.np/ | No | No | No |
| 10 | Rajarshi Janak University | https://rju.edu.np/ | No | No | No |
| 11 | Lumbini Buddhist University (Not in the front page) | https://lbu.edu.np/ | Churamani Pokhrel | Yes | Yes |
Throughout the country, thousands of public schools have seen significant government investments, yet the results remain unsatisfactory. In these institutions, individuals must be physically present to request information. Despite advances in information technology and widespread internet access, many campuses, schools, and hospitals in rural areas lack websites. Municipalities have not prioritized making these institutions RTI-friendly. Although local municipalities have websites, they are not RTI-friendly, as confirmed by a recent survey.
Local governments and RTI
A recent survey (which this author conducted in 753 local governments) confirmed that local governments are not RTI-friendly. An RTI request for details on the purchase, maintenance, and fuel expenses for motorcycles procured for Ward Chairpersons revealed that only 210 out of 753 municipalities, almost 29 percent, provided the requested information.
Among them, Hilihang Rural Municipality questioned the legitimacy of the request, insisting that the information be requested in person at their office. Varahatal and nine other municipalities redirected the requests to their financial and physical asset sections without providing the actual information. Approximately 30 percent of municipalities responded via email, stating that no motorcycles were purchased, hence there were no repair or fuel expenses. Most of these municipalities were from Taplejung district and Madhesh Province. Of the total information received, 20 percent came from section officers or IT officers instead of the designated information officers, and 10 percent was provided by the chief administrative officers.
Among all 753 municipalities, Syangja district had the highest response rate, with 64 percent (7 out of 11) municipalities providing information. No information was received from any municipality in Dailekh, Dolakha, Eastern Rukum, Salyan, and Solukhumbu districts. Banke district ranked second, with 62.5 percent (5 out of 8) municipalities responding, followed by Dolpa with 62.5 percent (5 out of 8), and Panchthar district, where 62 percent of the municipalities provided information. Districts with only one municipality providing information included Bardiya, Doti, Gorkha, Humla, Kapilvastu, Mugu, Mustang, Myagdi, Rasuwa, Rautahat, Rolpa, and Sankhuwasabha. Rautahat District had the lowest percentage of information providers, with only 5.56 percent (1 out of 18) municipalities responding.
In most local governments that provided information, transportation expenses were recorded according to provincial laws, but some municipalities reported unusually high expenses. One municipality reported spending 68,000 rupees on repairs for a single motorcycle over four months, and monthly petrol expenses were as high as 55 liters. The survey revealed a significant insight: municipalities that operated transparently had no trouble providing information, whereas those with financial opacity or expenditures made without proper legal and procedural frameworks were nearly impossible to obtain information from.
The case of Laxman Prasad Sarraf from Parsa District illustrates the challenges faced by citizens in exercising RTI. Despite multiple visits to the municipality and the National Information Commission, Sarraf has not received the requested information about the expenses and design statements for constructing a local school building. This highlights the structural weaknesses within the Commission and the need for its staff to be exclusively from the Commission itself to ensure independence and effectiveness.
Visits to municipalities in Kailali and Kanchanpur districts revealed that local governments did not consider providing information as a service. These municipalities had not included information provision in their citizen charters, and there were no clear guidelines on charges, required documents, or processing times.
Complaints from districts like Siraha and Parsa indicate that officials transferred from the Commission to other public bodies often restrict RTI. Colleagues serving as information officers face difficulties in taking action against peers, leading to the Commission’s failure in ensuring that important information reaches requesters. The right to information is a constitutional fundamental right for citizens. However, public bodies often treat it as their discretionary power, actively discouraging information requesters and even removing officials responsible for providing information.
To curb such actions, it is necessary to promote the positive impact of RTI among the general public. The lack of strong laws to protect whistleblowers also contributes to the difficulty in accessing information. Even proposed bills to strengthen RTI are unlikely to pass immediately without sufficient discussion with stakeholders.
Citizens must object to any attempts to stifle, neglect, or refuse to recognize RTI as a crucial civil right. It is the responsibility of a good citizen to continually demand information and advocate for transparency. Encouraging public participation in monitoring government activities through RTI can significantly reduce corruption and promote good governance.
The right to information is not only effective tool to get information but also an instrument for minimizing corruption in the nation. Despite challenges and bureaucratic resistance, RTI empowers citizens to demand accountability and transparency from public service institutions. Strengthening the RTI framework, promoting awareness among the general public, and ensuring proactive disclosure of information are essential steps toward combating corruption in Nepal. By exercising their right to information, citizens can play a pivotal role in creating a transparent, accountable, and corruption-free society.
Tara Bahadur Bhandari is Senior Vice Chairperson at National Federation for Right to Information.
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