It was highlighted that although Samoa does not have a freedom of information law there are existing practices which facilitate the free flow of information between government agencies and public bodies.179 For example, in regards to press releases, these must all go through the Government’s Press Secretariat before public dissemination. Despite these processes, some public authorities still raised concerns about uninformed reporting by the media.180 The existence of such practices although provide some form of information sharing, but are inadequate to provide an enabling environment for the free flow of information. There seems to be a lot of restrictions placed around who is privy to information, what type of information must be shared and many others. Therefore, it is crucial that clear and robust procedures and guidelines are put in place to regulate the right of access to information, especially public information that impact on people’s lives. From a human rights perspective is it crucial that such information be made available and accessible to inform and empower people to take part in decision-making processes. Such procedures and guidelines should also help differentiate between what is public and what is confidential information and where such information can be obtained from.181 Adequate and appropriate resources/ infrastructure to manage and store information for the purpose of dissemination would also be highly necessary and required.182 One of the activities contained within the Public Administration Sector Plan 2020-2025 to strengthen accountability and transparency is the development of a freedom of information legislation led by the Public Service Commission and the Ministry of the Prime Minister and Cabinet.183 Currently, the Government through MCIT with the assistance of UNSECO under the Samoa Knowledge Society Initiative (SKSI) is in the process of developing freedom of access to information policy which is anticipated to result in a right to information legislation in the near future. The policy is expected to create:184 i. ii. iii. iv. Better relations between government and citizens with regard to information sharing. Boost trust and confidence in public sector decision making Boost and encourages participation from public Promotes better accountability and transparency and ultimately sustainable development 179 This process provides that any official release must go through the Government Press Secretariat who then disseminates the information to the media and public. For matters that require Cabinet approval, approval is first sought before any information is published or disseminated – MPMC written submission. 180 MPMC written submission. OOTR written submission. 181 SLRC written submission. 182 SLRC written submission. 183 See Public Administration Sector Plan 2020-2025, Objective 1.2: Strengthen transparency and accountability – Activity 15. 184 MCIT written submission. The policy is a component of the Samoa Knowledge Society Initiative Project – a multi-pillar project to promote knowledge-based sustainable development in Samoa, as inclusive knowledge societies are paramount for economic, social and political development. The Samoa Knowledge Society Initiative will contribute towards Samoa’s vision of placing Samoa as a knowledge hub in the Pacific region and in accordance with the Strategy for the Development of Samoa Key outcome 11, will also “develop E Governance services, improve information sharing services and increase access to E-education and E-health services by individuals, rural communities and vulnerable groups”. – see https://info.undp.org/docs/pdc/Documents/WSM/Samoa%20Knowledge%20Society%20Initiative%20PRODOC_12%20Oct%202019_FIN AL.pdf. State of Human Rights Report 2021 | 43

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