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 | 44

Select target paragraph3