Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1696587531920.pdf (Vanuatu)
  DAY 1 Day 1 Day 2  RTI Law Objectives  Global/Regional Status  Request Procedure  Request Intake Decision  DAY 2 QUIZ & DISCUSSION  Vanuatu RTI Law – Objectives & Roles  RTI Unit  RTISC   Information Officer Information Commissioner  Introd.

- Request Basics  DAY 1 QUIZ & Discussion Day 3  Exemptions  Public Interest Test  Protections, Offences, Penalties  DAY 3 QUIZ & Discussion What is the Right to Information?

What steps has your Agency taken to prepare for RTI Implementation?
In what way(s) do you think RTI will benefit your community?

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Push back:  Old presumption - that governments operate in secrecy  Represents:  New presumption - All government information is open, unless it should be protected A TOOL:  To push back against corruption  To facilitate more effective governance  To ensure fairness and equality: In the administration of policies such as education, health, procurement, land etc  To build increased trust and confidence: In government, our leaders and their abilities to help us improve our lives  RTI In Action CHILDREN RIGHTS Jamaica – Jamaicans for Justice and other civil society groups in Jamaica were able to collect information on conditions in children's homes and produce a report.
The findings of the report clearly illustrated the poor conditions and mistreatment of children, and made government face the problems and take necessary steps such as establishing a Commission and law reform UNEQUAL PAY UK- In 2006, an FOI request revealed that the BBC was violating the Equal Pay Act by having different salaries for men and women for similar work.

The disclosure forced the government to issue recommendations, and the BBC itself announced a plan to review its salary policy.
UNNECESSARY GOV’T EXPENSES UK - Scandal about MP's expenses which broke when the Daily Telegraph published documents showing unnecessary expenses.

Scandal was continued when the High Court ordered the disclosure of MP's expenses which resulted in several resignations.
Also decided to set up an independent Parliamentary Authority to supervise such matters going forward HOUSING BENEFITS India - With help of FOI, a man who had been awaiting housing benefits for 5 years from the government received money for the house under the scheme and 1st instalment only after requesting information on project implementation  RTI In Action REDUCTION IN BRIBES India – In a widespread practice, officials delayed the issuance of certain documents such as driving licenses and passports in order to receive a bribe.
After the adoption of the RTI Act, people started using it to find out the reasons for the delay instead of giving out the bribes.
The requests revealed the practice and resulted in the issuance of the documents ENVIRONMENTAL PROTECTION Jamaica – Challenge to EIAs supporting oil exploration in Cockpit Country Exposure of dumping of raw sewage in waters around coastal hotels EDUCATION EQUALITY Thailand - Mothers of school children who had been denied entrance to a state elementary school used the country's RTI law to get access to the test scores of the children who were admitted, with names omitted for privacy.
The scores revealed that more than a third of the children admitted had failed the entrance exam while students who had passed were denied admittance.
d. For the Public/Ordinary People: For Governments To know what their government is doing on their behalf To understand and know how government policies are created, administered and enforced To examine how hard earned/paid tax dollars are being spent To access the records and documents related to these objectives Establish Legal Process support constitutional guarantees on right to information/freedom of expression Enable Requests support for receiving gov’t held information freely/at minimum cost Enact Limited standard exceptions Introduce Voluntary Publication certain information disclosed in public interest  RTI  INTERNATIONAL & REGIONAL RTI AROUND THE GLOBE UNCAC Treaty – 2005  Article 10 - Commitment/Obligation to introduce anti- corruption/accountability measures for positive national development outcomes  State parties required to take measures to enhance transparency in public administration including the adoption of transparency laws such as RTI Laws, procedures or regulations  Over 100+ countries have enacted RTI laws  Over 11 Pacific Island countries have ratified  Vanuatu – RTI Law 2013  Australia – FOIA 1982  New Zealand – Official Information Act 1982  Fiji – Draft FOI Law 2016  Tonga – Information Disclosure Policy 2010  Solomon Islands – Draft RTI Law 2016 VANUATU UN-PRAC  Endorsed Pacific Plan - 2005  A joint UNDP/UNODC initiative  Signed UNCAC treaty - 2011  Supports PICs:  Passed RTI Law – 2013  Introduced Sustainable Development Plan/Anti- Corruption Policy o To
 effectively implement commitments under UNCAC o Strengthen anti-corruption legislation and policies  Established anti-corruption committee 2016  Supports Vanuatu particularly with the development of RTI policy and RTI Law What it isn’t  It is NOT US AGAINST THEM  It is NOT TO SOLELY CAUSE SCANDAL for political leaders  It is NOT ONLY FOR THE MEDIA Vanuatu RTI Law passed to:  GIVE effect to the right to freedom of expression under the Constitution  PROMOTE transparency, accountability, and national development by empowering and educating the public to understand and act upon their rights to information  PROVIDE access to information held by Government agencies, relevant private entities and private entities, subject to exceptions  ESTABLISH voluntary and mandatory mechanisms to give the public the right to access to information  INCREASE public participation in governance 1.
ESTABLISHES THE RIGHT OF ACCESS s. 8 – Subject to the Act, a person may access any information from a gov’t agency, relevant private entity or private entity 2.
FACILITATES THE RIGHT OF ACCESS: Requests Proactive Publication Exemptions Enforcement Penalties s.2 LAW applies to: held Records/Information Private entities info to assist in exercise or protection of rights By Gov’t Agency or Relevant Private Entity On or after 30 July 1980 Government Agencies such as: Ministries Public agencies, boards, Commissions and advisory bodies Schools Colleges and universities Public hospitals Police Independent Contractors - of gov’t agencies or a relevant private entity Relevant Private Entities are: owned, controlled or substantially financed directly or indirectly by Government funds OR Entities that carry out statutory or public services/functions whether financed directly or indirectly by gov’t or another source RTI Act only applies to information that is related to the funding or the public services or functions carried out by them s. 4 Act does not apply to:  information held by the system of customs and traditions practiced throughout Vanuatu;  information of a relevant private entity relating to any function that is not public service related or funded in whole or in part by the Government;  information held by a publicly owned media body.
s. 5 RTI Act and Other Laws 1.

Act to prevail if any of its provisions conflict with a provision of any other Act other than the Constitution.

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Gov’t agency/relevant private entity not prevented from giving access to information:  other than under the Act or  if required to do so by any other law, policy, practice or court order Who Can Apply?

s. 8 – Subject to the Act, a person may access any information from a gov’t agency, relevant private entity or private entity 1.
Anyone - whether or not s(he) is a Vanuatu citizen or resident 2.

Companies, Media, and NGOs 3.

Employees of a public entity (good internal communications and staff relations should lessen the need for this) 4.
Persons who claim a record of a gov’t agency/relevant private entity/private entity contains personal information which is used for administrative purposes is incomplete, incorrect out of date or misleading and wish to amend/annotate the record (s. 34) “Records” - Any record held in any form “Record” “Records” “Held” • samples and models, manuscripts and files • Possession, custody or control • films (incl.
microfilm), negatives, microfiche • Whether created by the entity or prior to the Act • faxes, maps, plans, graphs, drawings, photographs •written records •emails, memos, opinions, advice, press releases •circulars, orders, logbooks, contracts, reports •sound tracks or other device in which sounds or other data are electronically stored and can be reproduced.
  Public Government Civil Society DEMOCRACY Accountability Transparency  RTI Unit s. 69  Parliament  RTI Officers s. 10 (app’t)  Council of Ministers  Directors General  RTI Steering C’ttee (RTISC)  Records and Information Officers  Information Commissioner (IC) RTI Unit s. 69 RTISC s. 74  Train RTI Officers  Oversight & monitor RTI Policy  Central resource for RTI Officers implementation & RTI Unit  Develop/monitor Nat.

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Plan  Support, advise, receive reports from  Develop educational materials RTI Unit  National Code of Practice (RIM)  Report to the Council of Ministers  Receive reports from entities  Make recommendations on  Public Education/Awareness  Secretariat to RTISC Regulations & RTI implementation  RTI Info Commissioner  Hears, investigates and decides  Independent/not subject to the direction of any person or body  Reports annually to Parliament  IC and staff protected from civil or criminal liability for anything done or omitted to be done in good faith appeals  Monitors and reports on RTI compliance  Undertakes training/ awareness activities for officials/general public Conducts Appeals Resolves Appeals Mediation, negotiation conciliation Independent Investigations Public Guidelines Access to information RTI Officer contact info Proactive Publication Appeals Process Proactive Publication Guideline • Code of Practice (RIM) INITIAL STATEMENT OF ORG PROACTIVE PUBLICATION DISCLOSURE LOGS REPORTING PROCESS REQUESTS Assist RTI applicants Central Contact for requests Receive Complaints Promote Best Practices (RTI) Promote Best Practices (RIM) What is it?
An organizational roadmap  Helps persons to know where to direct requests  Must be published/made available in each official language  Public entities can publish for sub-agencies (authorized by Minister)  Must be widely disseminated and accessible  Updated within 12 months of first publication  Every 6 months after  description of structure and functions  simple guide to entity’s information-  list of the sub- agencies/location/hours/subject area(s)  title, business address and contact details of Principal Administrative Officers keeping systems  statement of the types and forms of information and categories of documents that are held and used in the discharge of functions  name, contact details of RTI Officer  services provided directly to the public  particulars of finances  directory of officers, employees, brief description of functions and powers  decision making process, channels of supervision and accountability  content of all decisions/policies adopted affecting the public, reasons for them/important background material What is it?
The routine publication/release of information in anticipation of the public’s informational needs and interests  One of the most important aspects of open government  Identifies/publishes information of public interest/most requested by public  Identifies information that can be placed in public domain  Reduces cost/number of requests/time spent by employees searching What to Include  prior to implementing any project, publish information necessary in the public interest,:    name of the contractor scope and duration of the contractual services value of the contract; - reasons for the project - any important background material;  information related to tenders for contracts and the process of tendering;  finalized contracts (with appropriate deletions for confidentiality /copyright issues):  payment schedules and criteria for payment;   completion dates; penalties due from parties to the contract for breach or non-compliance.
S. 71  IC to publish Guideline on Proactive Publication  Set out standards and best practices What is it?
A running account of RTI requests received/decisions Benefits:  Public: current information on results of RTI requests  Entity: avoid repeat applications for the same records/information SAMPLE RTI Reference Number Date of Access RTI Request (Provide summary description) Records Provided Other Information Good Practice TIP:  develop, update and publish regularly  publish RTI requests and decisions that are in the public interest Parliament Council of Ministers Annual/Quarterly Twice/yr.
IC RTISC Quarterly/Interim RTI Unit Monthly Agency/RTI Officers APPLICANT’S OBLIGATIONS s. 13  Address request to most relevant public entity (may use pseudonym)  Include postal/email address, fax number for sending information  Telephone number  Provide good details, if possible, about what is requested  Form/language of access  Indicate if application on behalf of another person & provide proof of that capacity (to the reasonable satisfaction of the RTI Officer) Reason for Requests?

No.
No.

Applicant need not provide, and public entity MAY NOT require reasons for the application Cannot deny access to information for lack of a reason for the application Cannot deny access based on opinion of official as to possible reason for application Reason only required in application to a Private Entity (s. 9) Application not addressed to RTI Officer  Applicants do not have to direct requests to the RTI officer or even mention the RTI Act.
 RTI officer cannot ignore or refuse request if addressed to other staff  Train customer-facing staff and mail handlers to immediately pass letters or emails that appear to be seeking information under the RTI Act to the RTI officer.

ARE ALL REQUESTS RTI REQUESTS?

Non RTI Enquiries  Requests that can be handled by usual customer service procedures (ex.
if a member of the public wants to know whether their child has secured a place at a school or what are the plans for road repairs in a community) RTI Requests  Requested info cannot be provided immediately; or  Applicant clearly states that the enquiry is being made pursuant to the RTI Act.

  Request can be in the form of a question.

Ex.

"Does this agency have any information on tenders?"

Clarify these types of requests with the applicant before processing the request.
Tip Request Intake & Keeping Track of Statutory Response Times RTI Officer •Stamp the date on the request •Persons resp.

for incoming mail should be sensitized to not waste time in internal mail process • Open file to be a record of all decisions taken •Immediately send to RTI Officer: • mail marked “RTI”; •mail addressed to the designated RTI Officer or the RTI division.
• Include tracking/recording form on file cover - to help route the file if sent to other persons • Input return dates on folder - keeps everyone involved aware of the timelines.

Mail Room  https://youtu.be/lno3zE7-PeU