5 OCTOBER 2003
REPORT: Fiji Debates Freedom of Information Proposal
Citizens' Group Launches Draft Law

The Citizens' Constitutional Forum in Fiji has launched a public debate in the South Pacific nation over the unfulfilled requirement in the Fiji Constitution for a freedom of information law. Together with the University of the South Pacific Journalism Programme in Suva, the CCF held a public FOI workshop on September 30, 2004 and released a new draft law--based on the model law worked out by Article 19 and the Commonwealth Human Rights Initiative--as well as an extended discussion paper on Fiji's need for freedom of information.

A Freedom of Information Law for Fiji: Discussion Paper
Citizens' Constitutional Forum, March 2004 (PDF - 287 KB)

Freedom of Information Draft Bill 2004
Citizens' Constitutional Forum, March 2004 (PDF - 224 KB

A Freedom of Information Law for Fiji
By the Citizens' Constitutional Forum
[Excerpt from the Introduction]

The purpose of this discussion paper is to set out the principles on which the Citizens' Constitutional Forum believes a Freedom of Information Act for Fiji should be based, and explain how they are articulated in the draft Bill included in the Appendix. These principles are drawn from international best practice, as expressed by inter-governmental organisations, non-government organisations and national governments through their domestic laws. They may be briefly stated as follows:

1. Maximum Disclosure. Every member of the public has a right to know and government agencies have a corresponding duty to disclose information. All information should be available on request unless there is a legitimate ground for withholding it.

2. Obligation to Publish. Government agencies should publish and widely disseminate key categories of information relating to their activities and any information which is of significant public interest.

3. Promotion of Open Government. The Freedom of Information Act should include mechanisms to inform the public of its rights and promote a culture of openness within government.

4. Limited Scope of Exceptions. The Freedom of Information Act should list the grounds on which a government agency may refuse a request for information. Each ground should relate to a legitimate aim of government which would be harmed if particular information were disclosed. These exceptions to the duty to disclose should only apply where the public interest in disclosure is outweighed by the harm that disclosure would cause.

5. Processes to Facilitate Access. All public bodies should be required to establish open, accessible internal systems for ensuring the public's right to receive information. The Act should establish strict time limits for the processing of requests, require that any refusal be accompanied by written reasons, and provide for appeals to an independent administrative body and the courts.

6. Costs. Fees for gaining access to information should not be so high as to deter requests and defeat the purpose of the Act.

7. Open Meetings. There should be a presumption that all meetings of governing bodies are open to the public.

8. Disclosure Takes Precedence. The Freedom of Information Act should require that other legislation be interpreted, as far as possible, in a manner consistent with its provisions. The grounds listed in the Act on which an agency may refuse a request for information,should be comprehensive and other laws should not be permitted to extend them.

9. Protection for Whistleblowers. Individuals should be protected from any legal, administrative or employment-related sanctions for releasing information about wrongdoing.

Download the entire report in PDF:
A Freedom of Information Law for Fiji: Discussion Paper
Citizens' Constitutional Forum, March 2004 (PDF - 287 KB)

Back to top