The Pasifik; Vanuatu: Wednesday, February 8, 2017.
VANUATU’s Right to Information (RTI) Act became law Monday, after it was published in the official Gazette, less than three months after it was unanimously endorsed by Parliament.
This law gives effect to the right of freedom of expression under paragraph 5 (1) (G) of the Constitution and applies to information held by a Government agency or a relevant private entity on or after July 30, 1980.
But access to information either by individuals or the media is not free. The RTI legislation stipulates that the Minister responsible will prescribe a fee, referred to as the reproduction fee. This fee is payable by an applicant upon being given a grant of access to information by a Government agency, relevant private entity or private entity.
At this stage, no specific reproduction fee has yet been determined but the RTI law has put a threshold of Vt50, 000 (US$452) stating, ‘Reproduction fees charged by a Government agency, relevant private entity or private entity must not exceed VT 50,000 (US$452)’.
An applicant is not required to pay a reproduction fee when lodging an application or in relation to the time spent by the RTI in searching for the information requested.
An applicant is also not required to pay a reproduction fee for the reproduction of personal information, for information which is in the public interest or if the RTI officer fails to comply with the time for responding to an application.
Prime Minister Charlot Salwai, as minister responsible for media, tabled the RTI bill during the 2016 2nd Extraordinary Session of Parliament.
He quoted the five indicators of effective information disclosure as: maximum disclosure, accessibility, affordability, effective implementation and media and governance relations.
The Prime Minister noted that ‘information is power but it must be true information, and this legislation will stop hearsay’.
Mr Salwai also reiterated that the government made numerous commitments, both nationally and internationally over the years to improve transparency and accountability to include RTI and this ‘recognises the importance of providing a free flow of information on government programs and services to MPs, citizens, civil society and development partners’.
Under this law, if an application for information is made, an RTI officer must determine whether or not to grant the application within 30 days of receiving the application.
If an application relates to information that appears to be necessary to safeguard the life or liberty of a person, the RTI should make a determination on the application within 48 hours.
In the event where an application for access to information is denied, the applicant must be notified and the reasons for the refusal stated.
An RTI officer may defer access to information requested if: the information is a report that has been prepared for tabling in Parliament, if it is for an official report, or if the premature release of the record would be contrary to the public interest.
Information is not exempted from access under this Act merely on the basis of it being classified by the Government agency, relevant private entity or private entity as confidential or given any other status to that effect.