The ICCPR embraces the right of access to information held by public bodies regardless of the form in which the information is stored, its source and the date of production.157 It is the responsibility of State parties to proactively put in the public domain Government information of public interest in order to give effect to the right of access to information.158 It is incumbent on the State to put in place necessary procedures to ensure easy, prompt, effective and practical access to official information. Such procedures must provide for the timely processing of requests for information according to clear rules and that grounds for withholding official information must be legitimate and articulated.159 Public bodies hold information not for themselves but as custodians of the public good and everyone has a right to access this information, subject to clearly defined rules established by law. 160 One submitter noted the importance of citizens’ (including the media) right of access to information and having a law in place to promote this will be greatly beneficial to progress and development161 Access to Information is a key enabler of development. We live in a fast changing world where lack of information or knowledge may contribute to marginalization.162 However concerns were raised by some consulted about the poor access to official information held by government and public bodies by media sources and members of the public therefore denying citizens of their right to be informed on issues that may affect them.163 There is a major gap with regard to right of access to information in Samoa in that it is not promoted through law, policy or practice.164 The graph below highlights mediums people use to obtain or access information on government policies, the news, research and others. The most common mediums used to obtain information according to those surveyed are the newspapers (35%) and social media/ Facebook (31%). Some also approach websites and the internet (19%) while others submit requests for information (13%). Only 2% of those surveyed provided that they rely on press releases. Those who use social media to access information provided that the main reason for doing so is because it is convenient, accessible and that everyone in Samoa has access to Facebook nowadays. The same 157 ICCPR, Article 19(2). UN HRC, General comment no. 34, Article 19, para 18. ICCPR, Article 19(2). UN HRC, General comment no. 34, Article 19, para 18. 159 UN HRC, General comment no. 34, Article 19, para 19. 160 Declaration of Principles on Freedom of Expression in Africa, Article IV. 161 Samoa Observer, written submission. 162 See Tina Mata’afa-Tufele, “Freedom of Information Act in the works”, Samoa Observer (7 May 2020) https://www.samoaobserver.ws/category/article/62468. 163 Pasefika Mana written submission (30 April 2021). Talamua written submission. Samoa Observer written submission. 164 Talamua written submission. 158 State of Human Rights Report 2021 | 40

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