The development of such policy is a step in the right direction for Samoa and one that has been long
overdue. It is important for Samoa to consider that any framework to enable the right of access to
information is supported with the right infrastructure. Despite the costs associated, it is a necessary step
for Samoa to continue to meet its obligations under the ICCPR.
“Samoa needs to progress to the next stage using the basic freedoms by the Consultation
guaranteed including the freedom of expression and right to access information as foundation to
fight corruption…”185
As Samoa continues to venture into the information era it is timely that it puts in place a framework guided
by the principle of maximum disclosure for sharing of information with the public. This will enable a
transparent and accountable government and also to help keep citizens informed of matters that affect
them and their overall development.
“Access to information and knowledge is a prerequisite for building inclusive knowledge societies.
Samoa’s population is exposed to living in hardship, with underlying vulnerabilities intensified by
limited participation in decision-making at many levels. Information not only empowers people to
make better decisions, but also allows them to exercise their rights, be economically active, learn
new skills and hold their governments accountable.”186
INFORMATION POINT: What is the principle of maximum disclosure?187
The principle of maximum disclosure establishes a presumption that all information held by public
bodies should be subject to disclosure and that this presumption may be overcome only in very limited
circumstances where the disclosure would cause substantial harm to a legitimate aim in the law and
that such harm is greater than the public interest in having the information.
Public bodies have an obligation to disclose information and every member of the public has a
corresponding right to receive information. Everyone present in the territory of the country should
benefit from this right. The exercise of this right should not require individuals to demonstrate a
specific interest in the information. Where a public authority seeks to deny access to information, it
should bear the onus of justifying the refusal at each stage of the proceedings. In other words, the
public authority must show that the information which it wishes to withhold comes within the scope
of the limited regime of exceptions which includes law enforcement, privacy, national security,
commercial and other confidentiality, public or individual safety, and the effectiveness and integrity of
Government decision-making processes.
185
Samoa Observer written submission.
Christina Mualia-Lima, “Samoa Knowledge Society Initiative gains momentum with handover of ICT equipment & software”, UNDP
Press Release (21 March 2021)
https://www.ws.undp.org/content/samoa/en/home/presscenter/pressreleases/2021/SKSI_Handover_NUS.html.
187 Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Mr. Abid
Hussain, submitted in accordance with Commission resolution 1999/36: https://documents-ddsny.un.org/doc/UNDOC/GEN/G00/102/59/PDF/G0010259.pdf?OpenElement.
186
State of Human Rights Report 2021
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