The
Freedom of Information Act was approved in 1999 and went
into effect in February 2001. (1)
Any
person may request official documents in any form from public
authorities, including public corporations and private bodies
that are exercising state power. Response to information
requests should be made within 30 days.
•
Undernourished people (% of total population),
2000/03: 12
•
Population with sustainable access to an improved
water source (%), 2002: 91
Source:
UN Development Program, Human Development Reports
Data
There are exemptions for Cabinet documents
less than 10 years old, defense and security, international
relations, internal working documents, law enforcement,
privilege, personal privacy, trade secrets, confidence,
and documents protected by another law. There is a public-interest
test that allows documents to be released if there is "reasonable
evidence" of a significant abuse or neglect of authority,
injustice to an individual, danger to the health of an individual,
or the unauthorized use of public funds.
The Act does not apply to the President
and the judicial functions of the courts. The President
may also issue a decree exempting agencies from coverage
under the Act.
Those denied can appeal to the Ombudsman
who may issue a recommendation which is not binding on the
agency concerned. (2)
The Ombudsman received four complaints in
2001 and ten complaints in 2002. Appeals can also be made
to the High Court for judicial review.
The Act also requires public authorities
to publish information relating to the structure and functions
of the authority, rules, manuals and other documents on
making decisions.
The Act was amended in 2003 to clarify that
the minister in charge of the act would be appointed by
the government rather than set in the Act after the original
ministry was abolished and to clarify which ministry can
certify national security documents. (3)
Implementation is overseen by the FOI Unit
of the Ministry of Public Administration and Information.
(4)
Regulations setting fees and other issues
have not been finalized.
"The
Freedom of Information Act provides for public
access to government documents upon application.
The Integrity in Public Life Act mandates that
government figures publicly disclose their assets
each year to an Integrity Commission. In 2002,
former Prime Minister Panday was arraigned in
Magistrate's Court under this Act in connection
with alleged corruption that occurred during his
tenure as Prime Minister."
1)
Voice and Accountability: 0.49
2) Political Instability and Violence: 0.04
3) Government Effectiveness: 0.47
4) Regulatory Burden: 0.61
5) Rule of Law: 0.17
6) Control of Corruption: 0.02
