The
Freedom
of Information Act was enacted in 1994.(1)
The law provides for access to documents held by government
departments. It does not apply to the courts and the Office
of the Governor General. The departments must respond within
14 days.
•
Undernourished people (% of total population),
2000/03: N/A
•
Population with sustainable access to an improved
water source (%), 2002: 91
Source:
UN Development Program, Human Development Reports
Data
The
definition of documents includes "public contracts,
grants or leases of land, or any written or printed matter,
any map, plan or photograph, and any article or thing that
has been so treated in relation to any sounds or visual
images that those sounds or visual images are capable, with
or without the aid of some other device, of being reproduced
from the article or thing, and includes a copy of any such
matter, map, plan, photograph, article or thing, but does
not include library material maintained for reference purposes."
Documents
affecting national security, defense, international relations,
and Cabinet proceedings are exempt. Other exemptions can
be imposed after a "test for harm" that shows
that release of the documents would adversely affect trade
secrets, personal privacy, confidence, privilege, operations
of ministries, enforcement of the law, and the national
economy.
Denials
can be appealed to the Ombudsman who can force the disclosure
of some documents but he cannot examine or order the disclosure
of documents in the exempted categories. The losing party
may appeal to the Supreme Court.
The
Act requires that the Minister administering the Act must
publish an annual report on the operation of the Act, which
shall be submitted to the National Assembly. These reports
have not been produced. Also, the Ombudsman's reports for
the last 5 years make no mention of handling any appeals
under the Act.(2)
In
2000, the Political Reform Commission found that the Act
was not used often. It recommended that:
Government
review and amend the Freedom of Information Act with the
objective of narrowing the scope of the Act's definition
of documents exempted from public access. The Commission
further recommends that the Act be amended to provide
for the automatic release of all government documents
after fifteen years have passed.(3)
The
Prevention
of Corruption in Public Life Act requires that public
officials file yearly financial disclosure forms of their
assets, income and liabilities.(4) According
to Freedom House, the courts have ruled that reporters that
question the financial disclosure forms of public officials
can be imprisoned.(5) The Reform Commission
also recommended the expansion of coverage of the officials
subject to the act.
The
Archives
Act sets a 30 years rule for the release of documents
except for documents that are confidential or secret.(6)
"The
Freedom of Information Act provides for public
access to documents of a Ministry or prescribed
authority upon written request, although it protects
a number of categories, such as documents from
the courts or those affecting national security,
defense, or foreign relations. The Government
must supply, in writing, the reason for any denial
of access, the name of the person making the decision,
and information on the right to appeal to the
Ombudsman. The Ombudsman reported that he had
received no such appeals between April 2003 and
March."
1)
Voice and Accountability: 0.91
2) Political Instability and Violence: 0.65
3) Government Effectiveness: 0.16
4) Regulatory Burden: 0.32
5) Rule of Law: 0.25
6) Control of Corruption: -0.07
