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Inclusive education is the approach where equitable access to quality education for all, including individuals with physical, sensory, intellectual, and developmental disabilities, is ensured by integrating them into mainstream settings with necessary support, fostering equal opportunities, skill development, and overall well-being. Nepal’s Constitution of 2015, the Compulsory and Free Education Act, 2075 has devised several provisions pertaining to inclusive education. In the backdrop, this article at first discusses the key policy provisions, then it presents progress in line with the policy and program and points out key challenges and finally offers a way forward. 

Policies to promote inclusive education

Nepal’s Constitution of 2015, under Article 31, upholds the right of every citizen to accessible and equitable education, ensuring compulsory and free education up to the basic level and free education up to the secondary level. It reinforces inclusivity by mandating free higher education for individuals with disabilities and those from economically disadvantaged backgrounds. Recognizing diverse learning needs, the Constitution guarantees visually impaired students’ access to free education through Braille script and ensures that students with hearing or speech impairments receive education in sign language. Furthermore, it safeguards linguistic inclusivity by affirming the right of every Nepali community to receive education in their mother tongue and establish educational institutions to promote their language and culture. 

Similarly, Article 40 guarantees free education with scholarships for Dalit students from primary to higher education, along with special provisions for their access to technical and professional fields. The Compulsory and Free Education Act, 2075, aligns with the Constitution to ensure that all public school students receive textbooks through local-level distribution, while also guaranteeing free higher education for economically disadvantaged, disabled, and Dalit citizens. Section 27 of the Act requires private schools to operate early childhood and basic education with a focus on public welfare, mandating at least 10 to 15 percent student reservation based on school size. 

Other policy provisions that talks of the inclusive education are national policy and plan of action on disability (2006), special education policy (1996), equity strategy (2014), international commitment on MDGs (2016-2030), Incheon conference in Spain ( 2015),  all the national plans after 10th  plan has prioritized the inclusive education.

Implementation status of the inclusive education in Nepal

Nepal has made significant efforts to promote inclusive education through a variety of initiatives. A case study jointly conducted by the Education Journalists Group (EJG) and British Council covering select schools in three districts namely Nawalparasi, Syanja and Palpa reveals that some schools in the districts have started giving due attention to inclusive education. The study mentions that Chandeshwari Mavi Gudar in Kawasoti, Nawalparasi, has comparatively improved access to education for the Majhi, Musahar, and Bote communities in Kawasoti-15. This improvement was achieved through a door-to-door campaign, awareness-raising activities, scholarship support, and the creation of a child-friendly school environment, among other initiatives.

To address educational disparities, the Curriculum Development Center (CDC) has developed a sample curriculum for 26 mother tongues, published reference books in four, and created children's learning materials in 15. In grades 1–3, the local curriculum is taught five times a week with 100 full marks and 160 teaching hours per year, while in grades 4–8, it is taught four times a week with 100 full marks and 128 teaching hours per year. This apart, various scholarships have been provided to marginalized groups, including students with disabilities, Dalits, girl students, children from endangered castes, children of martyrs, and those from Karnali. 

Furthermore, Girls’ Scholarship Programs (GSP) support girls and children from marginalized communities to promote education and reduce dropout rates. GSP also provides special scholarships for students in Karnali Province. Similarly, since 2019, Karnali Province has implemented the ‘Bank Khata Chhoriko Suraksha Jiwan Bhariko’ program to promote gender equality and financial security for girls. Under this initiative, a bank account is opened for girls born after July 2019, with an initial government deposit of Rs 1,000, followed by a monthly deposit of Rs 500 until they turn 20. However, thes program has been affected lately. 

Madhes Province launched the ‘Beti Padhau Beti Bachau’ (Educate Daughter, Save Daughter) campaign in 2019 to improve girls’ education across eight districts. The program provides school-going girls with bicycles for easier travel and social connections. Additionally, baby girls born on or after 15 Jan 2019, are insured under the program, receiving Rs 125,000 upon obtaining their citizenship certificate to support their education.

Likewise, informal, open, and home education programs have been implemented alongside formal education, and disability-friendly school infrastructure has also been prioritized. Religious educational centers, such as Madrasas and monasteries, have also been recognized as formal education institutions,  with budget allocations. Teacher recruitment processes have been made more inclusive, and training programs have been offered to equip educators with the skills to support diverse learners. “Some schools have started identifying different types of disabilities, grouping students accordingly, and using appropriate teaching methods”, the case study report mentions. Teachers have become more sensitive to disability issues and have adapted their teaching approaches to support these students effectively.  

Initiatives like the Midday Meal program have also been implemented to support student nutrition and improve attendance. Furthermore, some schools now provide free sanitary pads to support girls’ education and reduce dropouts during menstruation. The Sanitary Pad Distribution and Management Procedure, 2019 ensures free sanitary pads in public schools as part of a broader campaign for “dignified menstruation,”. “There are many positive changes in terms of addressing issues from inclusivity perspective with the support from the British  Council Nepal”, the case study mentions.

Challenges

Despite legal and institutional support, mother tongue education has struggled due to a lack of textbooks, trained teachers, and a mindset that sees it as difficult. Most local governments are unwilling to invest in the necessary infrastructure, and even declared multilingual schools fail to teach in languages other than Nepali.  

Bullying is another hindrance to the progress of inclusive education. The case study revealed that an 8th-grade girl student at Chandeshwori Secondary School in Gudar, Nawalpur, suddenly stopped coming to school. After a thorough inquiry by the teacher, it was discovered that she had quit school due to bullying from her classmates, who would tease her for her dark complexion and being born to a Majhi family. 

Furthermore, Nepal’s remote regions, plagued by poverty, superstition, and religious and cultural bigotry, have created environments where marginalized groups struggle to access education. The lack of comprehensive policies addressing the educational needs of children from nomadic communities, such as the Raute, further compounds the issue. Despite the push for girl-friendly and disability-friendly schools, efforts have failed to yield meaningful results. Corruption has also affected the true spirit of some initiatives. For example, despite the positive intentions behind Madhes’s ‘Beti Padhau Beti Bachau’ campaign, the initiative has faced criticism over alleged fund mismanagement, particularly concerning the allocation for bicycle purchases.

Way forward 

To advance inclusive education in Nepal, focus should be on improving teacher training to equip educators with skills for diverse student needs, particularly those with disabilities. Anti-bullying measures and stigma reduction must be prioritized to create supportive learning environments. Expanding resources and infrastructure for marginalized and remote communities, including disability-friendly facilities, is essential. Strengthening policy implementation and addressing corruption will ensure transparency in educational programs. Additionally, promoting multilingual education through resources and teacher training is crucial for equitable access to education for all. These steps will help ensure every child in Nepal has equal opportunities for quality education.

The Right to Information (RTI) is widely regarded as a vital tool for citizen empowerment, governmental accountability, corruption prevention, information accuracy and fostering fairness in public discourse. The implementation of RTI is still challenging despite the RTI act promulgated over a decade and a half ago. This article delves into the current status of RTI implementation in Nepal, key progress, major challenges and the way forward.

Policy context

The concept of RTI began in Nepal’s policy landscape dates back to 1990. The Constitution of the Kingdom of Nepal in 1990, for the first time, ensured RTI as a fundamental right. Subsequent legal milestones such as the Interim Constitution 2007, Right to Information Act 2007, Right to Information Regulation 2009 and the Constitution of Nepal-2015 have contributed to establishing RTI as a cornerstone of democracy, good governance and equity in Nepal. The 2015 constitution explicitly emphasizes “full freedom of the press” in its preamble and has included the ‘right to information (Article 27)’ as one of the fundamental rights. However, the constitution's allowance for “reasonable restrictions” lacks clear legal definition, posing a significant challenge. This ambiguity, coupled with the absence of a precise operational framework for the “protection of national interest,” could potentially empower state authorities to impede RTI. There are a few attempts of the government to impose restrictions on people’s right to information. For instance, in 2023, the government classified 87 policy areas as ‘confidential’, a move later retracted due to pressure from advocacy groups like the Federation of Nepali Journalists.

Implementation status

The RTI Act of 2007 defines entities established under the constitution, parliamentary acts, or government authority, including those receiving government, foreign, or international organization funds as public bodies. These bodies are mandated to regularly update information for public access, ensure accessibility for citizens and disseminate information through national languages and mass media. The Act requires these bodies to proactively disclose information every three months. 

Government ministries and departments are ahead on proactive disclosure compared to other entities such as political parties, NGOs/CBOs and foundations. A Nov 2023 letter from the National Information Commission (NIC), instructing courts to maintain proactive disclosure, still indicates that even courts have struggled to uphold the proactive disclosure.

Regarding information dissemination, government offices, compared to other entities such as NGOs, political parties and foundations, have performed better. Most government offices in Kathmandu disseminate a wide range of information, covering aspects such as organizational structure, duties, employee details, services offered, decision-making processes and more, through various mediums, including websites, boards, pamphlets and digital platforms. Ministries and departments also adhere to this practice, extending it to provincial and local levels. The government offices however have not been disseminating financial information, including financial transactions. NGOs, political parties and foundations are also found publishing information in various platforms, but their information is more to showcase their progress rather than providing all the detailed information as indicated by the law.

Following the act instructed to do so, government ministries, departments and offices have a provision of an Information Officer for the purpose of disseminating information. The name of the Information Officer is publicly displayed on either the website or office notice board, or both. However, these officers are often not communication experts but are assigned based on personal interest. The appointment of the information officer is mostly on an ad-hoc basis and without considering specific qualifications.

NGOs and foundations, which used to have communications focal points even earlier than the act’s provision, are still centered around showcasing organizational progress and building the organization's image rather than serving as a link between the people and the organization. As information seekers and media wrongly perceive the I/NGOS and foundations as the ‘dollar farming’ means and have negative connotation, inquiry by the press or the individual about the work of the I/NGOs are seen as potentially harmful. In response to this perceived threat, communication officers utilize their networks and expertise to minimize media and public inquiries into their work, aiming to mitigate potential negative consequences. Another significant issue with I/NGOs is their lack of a culture of responding to applicants regarding bid outcomes. These organizations issue calls for Expression of Interest (EoI), receive various proposals and decide on procuring services or goods from one of the vendors. However, many of them often fail to inform all the non-successful applicants of the outcome, including which bidder bagged the contract. Many of them remain silent even when inquiries are made via email on this.

Info commission’s role

The National Information Commission (NIC), established under the RTI Act of 2007 to safeguard, promote, and implement RTI in the country, reported receiving a total of 1,068 appeals in 2079-80 BS (2022-23).  Out of the appeals made, NIC resolved 1,054 cases, which is 99.04 percent. It is important to note that most of the appeals received by NIC in the last fiscal year (72.05 percent) were related to local government. This indicates both public interest in accessing local government information and a tendency for local government representatives to be more reluctant to provide such information.  Additionally, in 2023-24, NIC instructed the Office of the Prime Minister and the Council of Ministers, chief ministers of all seven provinces of Nepal, all local governments, and the BP Koirala Institute of Health Sciences to ensure transparency in public procurement. Furthermore, NIC initiated legal action against the chiefs of four public institutions for non-compliance with the RTI law.

Challenges

In the context of Nepal’s literacy rate, which is 76 percent according to the latest census, the awareness of RTI at the citizens’ level is really low and this has affected RTI implementation. Another prominent challenge is the lengthy and time-consuming process, which often discourages common people from utilizing it. There have been instances where information seekers faced attacks or harassment, and government officials displayed unhelpful attitudes, creating unfavorable environments for accessing information. Additionally, there have been reports of hurdles in registering RTI applications and instances where requests were ignored, psychologically disempowering individuals from seeking information. Despite the RTI being enacted over a decade and a half ago, it is still wrongly perceived as a right primarily for journalists.  Even among those aware of RTI, there is a lack of habit in seeking information from government offices. Language barriers further compound the issue, as information is primarily disseminated in Nepali, neglecting the substantial portion of the population whose first language is not Nepali.

Way forward

In order to strengthen RTI in Nepal, a comprehensive strategy is imperative. This involves awareness campaigns targeting citizens to boost understanding of RTI rights, utilizing various communication channels and languages for maximum impact, simplifying RTI application procedures and adequate guidance and support to RTI applicants. Equally important is the implementation of specialized training programs for Information Officers. Encouraging proactive disclosure of information by all public entities is vital to enhance transparency. Addressing language barriers, enforcing public accountability, engaging with the media to amplify awareness, strengthening oversight by the National Information Commission (NIC), fostering community engagement and conducting regular evaluations of RTI implementation efforts are additional important steps to strengthen it.

The author is a media researcher 

[email protected] 

In 2023, media development in Nepal faced significant challenges, marked by increased violations of media rights, government attempts to restrict press freedom, declining trust and influence in media, economic setbacks like decreased advertising revenues and legislative efforts geared more toward ‘control’. However, there were some positive trends, including a slight increase in inclusivity and sensitivity in media structures and content, alongside collective advocacy efforts for labor rights.

Status of media rights

In 2023, a total of 58 cases of media rights violations were documented, slightly higher than the 53 incidents recorded in 2022. According to data from the Federation of Nepali Journalists (FNJ), there were 17 reported cases of attacks on journalists involving both state and non-state actors. Additionally, 25 instances of misconduct and threats toward media personnel were reported between January 1 and December 30, 2023. During the reporting period, FNJ recorded two cases of obstruction, two cases of brief detention of journalists, including the detention of Kanchanpur-based journalists Rajendra Nath and Aiswarya Kunwar, and Makawanpur-based journalist Indra Prasad Banjara. 

During the same period, FNJ recorded 11 cases of professional insecurity, including cases of labor rights exploitation of media workers and one case of gender-based violence (GBV). Notably, police officers, businesspeople, members of political parties, local government representatives, political leaders, medical professionals, owners of cooperatives and government officials, including Chief District Officer (CDO), were the main accused in these incidents.  In 2023 also, mystery continued to shroud the 2010 murder of Jamim Shah and Devi Prasad Dhital remained, pointing at the lack of serious efforts to ensure safety and security of media professionals.

Press freedom and freedom of expression

The Constitution of Nepal 2015, Article 17(2a) in particular, guarantees freedom of expression to all citizens. Article 27 ensures the right to information, allowing people to request and access information in public interest. Additionally, Article 19 protects press and publication rights, preventing pre-censorship, safeguarding communication tools, and ensuring freedom from interference. However, in 2023, there were limited advancements in relation to these legal provisions. A major example that shows Nepal’s lack of inclination to adhere to the freedom of expression is the government’s decision in mid-November to ban TikTok, citing the use of the social media platform in disrupting social harmony instead of bothering to regulate the platform. 

With regard to the right to information, most of the above-mentioned attacks on journalists happened because the latter brought to light things that government authorities, business houses or non-government actors wanted to hide. Proactive disclosure of information, which demands government institutions to share the progress of their performance every three months as per RTI Act 2007, remains an alien concept for government authorities as a brief research of homepages of government ministries and departments shows. 

The findings of the research suggest that very few government entities follow proactive disclosure practices. During the reporting period, National Information Commission (NIC) issued its verdicts on 1000-plus cases or appeals related to the right to information, most of them from businesspersons, political leaders and civil society activists, pointing that ordinary citizens either lack awareness or feel hesitant to demand information using the RTI Act. Lack of public awareness and intent hindered progressive enforcement of the RTI Act along with technical challenges.

While talking about safeguarding against pre-censorship, protecting communication equipment and ensuring freedom from interruption under Article 19, year 2023 did not remain satisfactory. Although mainstream media have enjoyed editorial independence to some extent, there is influence from media owners, advertisers and politicians. An example of clear violation of constitutional provisions on press freedom was the clarification that Civil Aviation Authority of Nepal sought from Rameshwor Thapa, Publisher of Annapurna Media Network and Chair of Simrik Air, over the news stories about poor air services in remote parts of Nepal, which were published in Annapurna Post.  

State media such as Gorkhapatra, Radio Nepal, Nepal Television and Rastriya Samachar Samiti encountered higher levels of government censorship in 2023 as well. A recent example of this was Gorkhapatra daily’s deliberate choice to place the incident, where two young individuals lost their lives during protests over the Employment Permit System (EPS) in Balkumari, Lalitpur, on Dec 29 last year, on the second page, significantly reducing its news value.

Like in 2022, the government made various efforts to curb media freedoms in 2023. For example, National Cyber Security Policy 2080 BS , which was  endorsed in August, 2023, failed to incorporate recommendations from concerned stakeholders and has few objectionable provisions. Currently, the government is planning to introduce three Bills related to the media—the Media Council Bill, National Mass Communications Bill and the Information Technology Bill. Stakeholders do not believe that these Bills have the government’s good intent attached, if lived experiences are any indication. 

Like in previous years, the role of Press Council Nepal (PCN), a media regulatory body, left much to be desired. In 2023, PCN initiated actions against 71 online media platforms, including news portals and online television channels, for violating the code of conduct, but its effectiveness in holding news media accountable remained limited. 

This is because PCN has not been able to serve as an independent watchdog and some of its activities are found to be politically motivated, allowing people to question its independence. 

“Though the cases of violations of media and labor rights have declined in comparison to previous years, 2022- 2023 remains a challenging year for journalism in Nepal.” This observation from the Federation of Nepali journalists (FNJ) rightly paints a true picture of press freedom in Nepal. Yes, there are some positive signs in Nepal such as a ‘win’ in some labor rights violation cases, increased voices against repressive media laws, decrease in the incidents of media rights violations and strengthened voices for gender-friendly media. On the flip side, decreased public trust toward media, misinformation, disinformation and mal-information, increased economic problems of media houses, attempts of successive governments to introduce harsh policies have affected the overall situation of press freedom. Against this backdrop, this article offers a brief synopsis of the situation of the freedom of the press and expression in Nepal in 2022-2023. Legislative framework Although the 2015 Constitution guarantees freedom of expression and the press, the Government of Nepal made an attempt to introduce laws and policies for repressing press freedom in 2022-2023. For example, Nepal’s controversial 2019 Bill to Amend and Integrate the Media Council Act was forwarded to the House of Representatives for deliberations. This apart, the Information Technology Bill, Nepal Media Council Bill, and the Public Service Broadcasting (PSB) Bill, tabled in 2020 to curb unrestricted flow of information, have still not been withdrawn despite objections from the stakeholders and the civil society. Also, there was an attempt to classify ‘87 types’ information as ‘confidential’ in an attempt to restrict the public’s access to it, violating the public’s right to information enshrined as a fundamental right in the constitution. Bringing in policy measures to block access to information in the pretense of misinformation and disinformation remained the tendency of the government last year. Further, Press Council Nepal (PCN) issued a letter to a vernacular daily in October seeking an explanation for publishing a cartoon related to former Prime Minister KP Sharma Oli. Compared to previous years, the number of media rights violation cases such as killing, arrest, attack, harassment and misuse of law have gone down. According to the FNJ, since May 4, 2022 a total of 52 cases of media rights violations, affecting 66 journalists, have been recorded. The number of violations is low compared to 76 last year. Obstruction on media-reporting by local bodies has been documented as a frequently occurring media rights violation with documentation of such cases against 17 journalists since May 4, 2022. It is very concerning that at least five such cases have been documented since Balendra Shah took the mayoral position in Kathmandu Metropolitan City in May, 2022. During the same time, 16 journalists were misbehaved, 15 attacked and 13 journalists received threats. Likewise, two journalists were documented facing gender violence, one case of displacement and two cases of arrest were recorded. Deletion of some of the content of an online news portal in early December, 2022 also paints a grim picture of data security in Nepal. GBV in the newsroom While FNJ’s documentation shows two cases of gender-based violence (GBV) in the newsroom since May 2022, the actual situation is worse. As most media houses don’t have the ‘safeguarding policies’ and a grievance handling mechanism, GBV in the newsroom is taken as ‘non important’ and ignored. Also due to sociocultural factors, including the fear of possible retaliation, the violence in the newsroom is hardly reported until the case is out of control. A study by Media Advocacy Group (MAG), which covered 281 samples, revealed that more than 80 percent of women journalists faced online violence in their lifetime, that too mainly from the people from the media. This apart, there is a gender pay gap thereby devaluing women’s contribution to journalism. Media sustainability questioned Due to Nepal’s floundering economy, advertising revenues to the media have also dropped, raising questions on media sustainability. Print media’s advertising has gone down 30-35 percent, advertisements going to radios have declined 10-15 percent while television advertisements have also dropped by nearly 10 percent. The fall of advertising revenues is partly due to decreased audience/reader of the traditional media. The Nepal Media Survey, 2022 published by Sharecast Initiative found that Nepal’s TV channels and radio stations have lost their audience by 12.2 percent and 14 percent, respectively while newspapers have lost readership by 17 percent. Glimmer of hope With the initiation and advocacy of journalists, rights organizations such as FNJ, Nepal Press Union, and issues of labor rights violations are being addressed gradually. FNJ has formed a labor desk to look into the issue while other organizations are collectively advocating justice. This apart, advocacy from civil society and media has been able to stop the government from passing repressive laws. Gender issues in the media, not considered an important topic in the past, have been accepted as a topic to be discussed in the news-room and in the public sphere. Inclusivity in media structure, content and outputs are getting recognized and strengthened. Voices of people from marginalized communities, women, and people with disabilities, Lesbian, Gay, Bisexual, Trans, Intersex and Queer (LGBTIQA+) and other sections of the society have been articulated through the media. Also, there are some efforts to address the issues of misinformation and disinformation. Another key win in 2022 was that the National Information Commission (NIC) took action against 33 officials associated with different government offices for not providing the information requested by the public. Way forward The challenges the media sector faced last year have offered some lessons as well. The Covid-19, decreased economic vibrancy, decline in advertising revenues offered media houses an opportunity to reflect on their current business modality and to work out solutions. The issues of labor rights violations can be the point of reference from where journalists can realize the importance of the trade union movement. Professional security of journalists, media professionalism, gender equality, safeguarding and protection of journalists as well as media sustainability are some of the key indicators we need to aim for in the coming year.