United Nations Development Programme

Democratic Governance

Strengthening Parliaments and Democratic Institutions Justice and Human Rights Accountability and Transparency Frameworks Capacity Development of Local Governments and Civil Society

Freedom of Information

As far back as 1946, the UN General Assembly recognised that “Freedom of Information is a fundamental human rights and the touchstone to all freedoms to which the United National is consecrated”. The right to information has long been recognised as underpinning all other human rights – because without information people cannot effectively protect and promote their own rights. In the Pacific, freedom of information is often thought about as more of an issue for the media, and it is indeed essential to effective democracy that the media are able to access solid data and reliable information from governments, so that their stories are fact-based and thorough and impart useful information to the public. However, it is also important to recognize that the right to information is a tool which can be used by all members of society to empower ordinary members of the community to better participate in their own governance and development. With more information about what governments are doing, what services they provide and what programmes they are implementing, members of the public can engage with the development activities around them at their own pace and in their own way.

The Pacific Plan for Strengthening Regional Cooperation and Integration, endorsed by Pacific Leaders in 2005, specifically references freedom of information. Under the general objective of “Good Governance: Strategic Objective 12” (improved transparency, accountability, equity and efficiency in the management and use of resources in the Pacific), there is a mention of work on ‘freedom of information’. The Pacific Islands Forum Secretariat has also been working on information disclosure issues internally, and it is understood to be developing an internal Information Disclosure Policy to guide access to Secretariat documents.

PIFS Country	Status of right to information
Australia	There is no provision in the Constitution guaranteeing the right to information. Australia has a federal Freedom of Information Act 1982.
Cook Islands	Article 64 of the Constitution recognises the right to freedom of speech and expression, but there is no reference in the Constitution to the right to information. The Official Information Act was passed in February 2008 and will come into force in February 2009.
Fed. States of Micronesia	Article IV, Section 1 of the Constitution states that the no law may deny or impair freedom of expression, but there is no reference in the Constitution to the right to information.
Fiji Islands	Article 30(1) of the Constitution includes the freedom to seek, receive and impart information and ideas as part of the right to freedom of expression. Article 174 explicitly requires that Parliament should enact a law to give members of the public rights of access to official documents of the Government and its agencies, as soon as practicable after the commencement of the Constitution. An Exposure Draft FOI Bill was released by the Government in 2000 but lapsed after the 2000 coup. In 2004, civil society launched a Model FOI Bill. An FOI Bill was being developed in 2006, but no progress has been made since the December 2006 coup. The Interim Government included passage of an FOI law in its 10-point plan.
Kiribati	Article 12 of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression.
Marshall Islands	Article II, Section 1 of the Constitution recognises the right to freedom of thought, conscience, and belief & to freedom of speech and of the press, but there is no reference in the Constitution to the right to information.
Nauru	Article 12 of the Constitution recognises the right to freedom of expression, but there is no reference to the right to information. During the 2006/7 review of the Constitution, it was proposed to introduce a specific right to information. It is understood that the Government is likely to endorse that recommendation and move forward with FOI legislation.
New Zealand	New Zealand's Constitution does not guarantee any right to information. However, the Official Information Act 1982 legislates for the right to access information.
Niue	There is no provision in the Constitution guaranteeing the right to information.
Papua New Guinea	Article 51 of the Constitution explicitly recognises the right of reasonable access to official documents, subject only to the need for such secrecy as is reasonably justifiable in a democratic society. In 1999, civil society developed a draft FOI Bill.
Samoa	Article 13(1) of the Constitution recognises the right to freedom of speech and expression, but there is no reference in the Constitution to the right to information.
Solomon Islands	Article 12 of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression. The right to informaton was included as an explicit clause in the draft revised Constitution. It is understood that FOI has been included on the Government’s legislative agenda.
Tonga	Article 7 of the Constitution guarantees the right to freedom of speech, expression and of the press, but there is no reference in the Constitution to the right to information.
Tuvalu	Article 24 of the Constitution includes the freedom to receive and communicate ideas and information without interference as part of the right to freedom of expression.
Vanuatu	Article 5 of the Constitution guarantees a list of rights and freedoms, but there is no reference to the right to information. In 2005-06, civil society developed a Model FOI Bill.

This table was based on inputs from the Commonwealth Human Rights Initiative.

In 2004, the Commonwealth Parliamentary Association and the Commonwealth Human Rights Initiative held a Regional Workshop on FOI for Pacific Parliamentarians, which produced FOI Conclusions by Pacific Parliamentarians and a detailed CHRI-CPA Pacific FOI Report. In 2005, the Pacific Media and Communications Facility produced a Pacific Information Disclosure Policy Toolkit to assist governments to develop sector or government wide disclosure policies.

In 2006, the Pacific Centre held a workshop with Pacific NGOs to raise awareness of the right to information. In 2007, the Pacific Centre supported a number of Pacific officials and policy-makers to attend the 5^th International Conference of Information Commissioners (ICIC) hosted by the New Zealand Ombudsman in November 2007. A session was dedicated specifically to Pacific FOI issues, during which participants engaged very actively and many indicated their interest in pursuing FOI issues domestically.

In July 2007, PIFS and the Pacific Centre held a Regional Workshop on FOI for Pacific Policy Makers, which produced a Pacific FOI Outcomes Statement and a more detailed Workshop Report.

Freedom of Information Organisations

Key Freedom of Information Resources

(2009) Solomon Islands National FOI Workshop Outcomes Statement, 23-25 February, supported by PIFS, UNDP Pacific Centre and CHRI.
(2009) Nauru National FOI Workshop Outcomes Statement, 16-19 February, supported by PIFS, UNDP Pacific Centre and CHRI.
PMCF (2006) Information Disclosure Policy: A Toolkit for Pacific Governments, commissioned from CHRI.
CHRI (2006) Implementing Access to Information: A Practical Guide for Operationalising FOI laws.
Privacy International (2006) Freedom of Information Around the World 2006: Global Survey of Access to Government Information Laws, compiled by David Banisar, current to September 2006.
CHRI (2003) Open Sesame: Looking for the Right to Information in the Commonwealth.
Article 19 (2000) Model Freedom of Information Law.

Contact Person

Charmaine Rodrigues
Regional Legislative Strengthening Expert
charmaine.rodrigues@undp.org