References: Statistics Act, Section 9 (c) - www.paclii.org/vu/legis/consol_act/sa150/ Constitution

Peer Review Comments: In practice, however, access can be very difficult as public records in some ministries are not well organized. The government archives are in a very poor state.

In regards to the specific matter of law, Tom Botleng is of the view that the Constitution and the Ombudsman Act provide for the "right" for an individual to appeal either through the courts or the Ombudsman where records or information are withheld. A representative form the PSC said it depends on the type fo information that one requests. Some information may not be publicly accessible unless it is explicitly approved to be released to the public.

References: Statistics Act, Section 9 (c) - www.paclii.org/vu/legis/consol_act/sa150/ Constitution Tony Tarivonda from Transparency International Interview with Tom Botleng of the State Law Office

Peer Review Comments: There is no Freedom of Information Act or right to information as part of the Constitution.

Peer Review Comments: Citizens can bring a case for access to basic government information before the Ombudsman for review if they are initially denied access.

References: Tony Tarivonda from Transparency International

Peer Review Comments: Citizens can request government records subject to the Archives Act of 1992. Unlike access to government records in other commonwealth countries such as United Kingdom, Australia and New Zealand, there is no 30-year waiting limit before archives can be released. Part 3 s.14 of the Act sets out the conditions for access as follows:

"ACCESS OF PUBLIC TO NATIONAL ARCHIVES

14. (1) Subject to -

(a) any written law providing for any information or records to be kept secret; (b) any conditions under which any archives are deposited; (c) any orders or regulations made under this Act,

all archives deposited in the National Archives shall be available for public reference:

Provided that -

(a) the Archivist may, for any good cause, withhold access to any specified class of public archives in his custody subject to the right of the person so denied access to appeal to the Minister, whose decision thereon shall be final; (b) any public archives deposited in the National Archives by any court and containing any information relating to the trial or punishment of any particular person may be inspected only by a person authorized in writing by the Chief Justice or by any other person authorized by the Chief Justice in that behalf.

(2) Nothing in this section shall limit the powers of any competent court to order the production of any public archives of Vanuatu.

(3) Notwithstanding the other provisions of this section and subject to the provisions of paragraph (b) of subsection (1), the Minister may at any time, by order in writing addressed to the Archivist, withhold access either generally or by any person or class of persons to any specified public archives or to any specified class of public archives in the custody of the Archivist.

(4) Any person may, with the consent of the Archivist, make or cause to be made at his own expense copies of or extracts from any public archives which are available for public reference under this section."

References: Daily Post Chief Editor Kierry Mannesah Tony Tarivonda from Transparency International

Peer Review Comments: Responses to access to information requests within a reasonable time period vary between government departments, agencies and statutory bodies. Some are very prompt at responding to requests for information, others less so. It also depends on who is working in a particular government department at a specific time.

Peer Review Comments: The poor response time would, in part, be due to the poor organization of public records.

References: Daily Post Chief Editor Kierry Mannesah Tony Tarivonda from Transparency International

Peer Review Comments: It depends on the agency releasing information and what is a "reasonable cost" varies according to location and ethnicity. Generally the costs for journalists and CSOs are reasonable, but the same costs would be unreasonable for the vast majority of the population, especially those living in rural areas. For example, it costs approximately 1000 vatu or about US$10 to get a birth certificate from the Marriages and Deaths Registry. This would probably be "reasonable" for a person living in Port Vila the capital, but would be much less reasonable for a person in Vanuatu's rural outer islands.

References: Daily Post Chief Editor Kierry Mannesah Tony Tarivonda from Transparency International

Peer Review Comments: This varies according to the agency involved. Certainly follow-up and personal visits are very important in resolving appeals to access to information requests within a reasonable time period, which is difficult for people who live outside the capital.

References: Daily Post Chief Editor Kierry Mannesah Tony Tarivonda from Transparency International

Peer Review Comments: This depends on the agency from which information is sought. Also, this question is not particularly relevant in the Vanuatu context, as the middle class is very small, if not non-existent. Citizens can resolve appeals to information requests at a reasonable cost by making a complaint to the Ombudsman.

References: Daily Post Chief Editor Kierry Mannesah Tony Tarivonda from Transparency International