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Pacific Islands Forum (PIF)

Website: www.forumsec.org
Keywords: Freedom of information, Pacific Plan, good governance, Secretary-General, Pacific Plan implementation
The origins of the Pacific Islands Forum date back to 1971 with the creation of the South Pacific Forum by the states of Australia, Cook Islands, Fiji, Nauru, New Zealand, Tonga and Samoa. In 2000 the Forum took the decision to change the nature of the organization from a loose affiliation that mainly revolved around annual meetings at the level of heads of state and government, to an intergovernmental organization based on an international treaty, with specific permanent institutions and a name change to the Pacific Islands Forum. Membership of the Forum now stands at sixteen with the inclusion of the Federated States of Micronesia, Kiribati, Niue, Republic of the Marshall Islands, Palau, Papua New Guinea, Solomon Islands, Tuvalu and Vanuatu. The Forum also has provisions for associate membership status for territories in the region that have yet to achieve self government.

The main meeting of Forum is the annual gathering of the heads of state and government to discuss matters concerning the region and issue a communiqué that sets out subjects of concern, areas of agreement and plans for future action. At the Port Moresby Summit in October 2005 final agreement was reached on the new constitutive treaty for the Forum. The Treaty is the first step in establishing the Forum on a legal basis, establishing an institutional framework for the organization. The Agreement has been signed by all members of the Forum but has not yet received full ratification.

Recent Developments: Freedom of Information
In the Pacific Plan adopted in 2005 four areas of action were identified as central to regional organisation. These were
  1. The enhancement and stimulation of economic growth;
  2. The pursuit of sustainable development;
  3. The achievement of good governance;
  4. The pursuit of security.
Good governance is concerned with 'improved transparency, accountability, equity and efficiency' and a number of particular points for achieving this overall goal were identified in the Pacific Plan Implementation Strategy. These measures include efforts aimed at enhancing governance mechanisms, supporting greater participatory democracy and supporting principles of good leadership and accountability.[1] At a recently held Regional Freedom of Information Workshop, which took place in June, 2008 at Honiara, Solomon Islands, the importance of Freedom of Information (FOI) for future regional cooperation and the furthering of good governance were discussed. The workshop was aimed at senior policy makers and was co-sponsored by the United Nations Development Programme which itself gives importance to good practice in the area of FOI as an integral part of effective development efforts. The workshop was attended by official representatives from the Cook Islands, Kiribati, Nauru, Niue, Palau, Samoa, Solomon Islands, Tonga, Tuvalu and Vanuatu and there was an agreed Final Outcomes statement. The workshop covered arguments for the further development of FOI standards, instances of good practice, elements of law-making and implementation of FOI standards.

FOI has been on the Forum's agenda for a few years now. At a regional meeting held in Fiji in 2006 the then Secretary General referred to the importance of FOI for the Pacific Plan due to its position as a basic human right and a key ingredient to good governance. It was explained that FOI provides benefits for the community and government as effective legislation in this areas will:
  • Underpin all other human rights;
  • Support people-centred policy-making and its effective implementation;
  • Build public trust in government;
  • Challenge corruption;
  • Make electoral democracy meaningful;
  • Boost media capacity;
  • Create a transparent and competitive economic environment; and
  • Increase accountability of private actors.[2]
These measures all have a direct link to a variety of action points in the Pacific Plan. In particular emphasis is given to the following initiatives from the Pacific Plan Implementation Strategy:
  • Initiative 12.2 - supporting principles of good leadership and accountability including making information available to parliaments and the public in areas involving finances;
  • Initiative 12.3 - enhancing good governance mechanisms;
  • Initiative 12.5 - on efforts to further ratification, implementation and reporting on human rights treaties, highlighting the integral link between information and human-rights;
  • Initiative 12.6 - measures in support of participative democracy and consultative decision making.
There are also a number of further links between FOI and the Pacific Plan in areas such as statistical information systems, resources management, security, cultural development and economic growth, which may be enhanced through greater recognition of the fundamental role played by information in good governance. The holistic importance of FOI was emphasised at the Workshop by the UNDP's Pacific Centre manager who explained that FOI is not limited to the media or certain governmental activities but rather it must be seen as "a tool which can be used by all members of society to empower ordinary members of the community to better participate in their own governance and development."[3] This underlies the close link between FOI policies and the process of development as through FOI the public is better placed to engage in the programmes around them. The UNDP Centre Manager went on to explain that:
Significantly, by opening up channels of communication between members of the public and governments, we can also rebuild and cement the relationship of trust between governments and the public they are to serve. Often, people don't understand what is happening around them and in our region; they tend to rely on the coconut wireless to fill the gap where governments are silent. This can often lead to rumour-mongering which can distort the facts and leave people nervous - or worse - angry. Entrenching freedom of information can tackle this problem directly, a benefit of especial significance to many countries in our region.
While the UNDP's approach advocates an expansive understanding of FOI more cautionary views were expressed. In the opening keynote the Prime Minister of the Solomon Islands, Dr. Derek Sikua, recognised the key role FOI plays in supporting democracy and human rights. At the same time he also remarked
We further support information disclosure to the extent that it does not undermine public interest and national security. I understand that in your deliberations you will discuss the issue of maximum information disclosure and minimum exemptions, and ask questions as to where do we draw the line. How much information should we disclosure and what should be the minimum exemptions and why. It is also important that you take into account the internal country sensitivities and external threats to national and regional security. These issues, I believe should form the basis of any freedom of information policy and legislation.[4]
In the Final Outcomes Statement from the workshop emphasis was given more to the use of FOI as a tool for empowerment than as a conditional measure dependent upon local context and sensitivities.[5] In the Final Outcomes Statement it is recognised in the first paragraph that
Freedom of information is an important tool for empowering Pacific people to engage in their own development as equal partners with their governments. In the Pacific, freedom of information can be harnessed as a tool for promoting participatory development, strengthening democratic governance, facilitating better government service delivery, supporting decentralisation, fostering economic development, promoting public accountability and transparency, supporting responsible and effective media reporting, and promoting and protecting human rights.
The Final Outcomes Statement goes on to say that efforts are to be made for harnessing information and communication technologies "to promote access to information for Pacific peoples".[6] The statement does not make any long term commitment, only that "[g]overnments should be encouraged to consider developing freedom of information policies, laws or regulations."[7] But it also says that even in the absence of legislation, governments should make the effort to disclose and disseminate information to the public and work with the media, non-state actors and development partners in enhancing transparency.[8]

At the present time only Australia and New Zealand have FOI laws in place. The Cook Islands adopted a new FOI law in February 2008 which enters into force in 2009. Two the regions constitutions, Papua New Guinea and Fiji, directly address FOI. Papua New Guinea's constitution contains a specific right to freedom of information and the Fijian constitution requires the government to adopt FOI legislation but this has not yet occurred.[9] The Cook Islands Ombudsman, Janet Maki, spoke at the workshop explaining the benefits the new FOI will bring: 'The Cook Islands FOI legislation allows citizens to directly access government information, whereas before they have had to rely on the media or the coconut wireless'.[10] In response to the developments in the Cook Islands, the Acting Forum Secretariat Secretary General, Feleti Teo, praised the Cook Islands government for taking the first steps in regional efforts at furthering FOI and explained:
The Pacific Plan recognises freedom of information as a key milestone under the Good Governance pillar of the Plan. The right to information is a key mechanism for promoting transparent and accountable governance, and participatory development. With a right to access government information, the people of the Pacific can more effectively engage with their governments"[11]
****

While the regional workshop on FOI may be seen as a significant development in the region, it is clear that there is still a long way to go before there is a clear regional commitment to FOI. It is notable that FOI has been given attention at this stage of the efforts to implement the Pacific Plan. The underlying importance of FOI appears to be well recognised and future success of the Pacific Plan will depend on greater levels of participation and engagement from society; something which FOI will greatly assist. At the same time, the views expressed by the Solomon Islands' President with regard to FOI are potentially worrying and will have to be addressed in order to demonstrate to governments that FOI is not a threat. In particular the president's emphasis on the need to take into account 'internal country sensitivities and external threats to national and regional security' are likely to receive backing from other governments in the region as stances of this nature are more about governments maintaining their position than making a true commitment to participatory democracy and openness. The basis for FOI legislation needs to be grounded in the desire for openness and transparency as part of effective governance. It is true that FOI cannot be seen in absolute terms and some limitations are needed but the future of FOI in the region cannot be based on preserving government interests over the need for greater openness as a key element of more participatory democracy.

The Forum will need to take an active role in encouraging the member states to adopt further FOI legislation. As indicated above FOI is seen as a crucial element to effective governance and this will apply to both the national and regional levels. An increase in access to information will be an important supporting element for the future of the Pacific Plan and the ongoing process of development in the region. Individual states are likely to be reluctant in furthering a domestic FOI agenda, making a regional approach essential for the long term success in implementing and developing the right and ability of society to have the freedom of access to information concerning the processes of governance surrounding them.

Passing of Secretary General Greg Urwin and Appointment of Neroni Slade as new Secretary General

Greg Urwin was appointed Secretary General of the Forum in 2003 and was reappointed for a second three year term in 2006. He was the first non-Pacific Islander to hold the post. In 2008 he began to suffer from ill health and stepped down from the post in May 2008. He passed away on 9 August 2008 and was buried in Apia, Samoa. Greg was originally born in Australia and was first posted to the Pacific Islands in 1977, to Apia, which eventually became his home.

During his time as Secretary General, Greg oversaw a number of significant developments for the Forum; perhaps the most important being the adoption of the Pacific Plan. At the 39th Pacific Islands Forum, held in Alofi, Niue, the leaders recognised his achievements "including the firm establishment of the Pacific Plan as the platform for ongoing, strengthened regional cooperation and integration for the benefit of the people of the Pacific and his role in enhancing the international standing of the Forum."[12]

The Forum leaders appointed Tuiloma Neroni Slade of Samoa as the next Secretary General of the Pacific Islands Forum. Neroni has been a judge of the International Criminal Court; the Permanent Representative of Samoa to the United Nations; Ambassador of Samoa to the United States, and; a legal adviser in the Commonwealth Secretariat. There has also been the announcement that the government of Australia will fund, through the Forum, the establishment of five annual Leadership Awards in Greg Urwin's name.

Dr. Richard Burchill
Director, McCoubrey Centre for International Law
Law School, University of Hull

Footnotes:

1 See The Pacific Plan for Strengthening Regional Cooperation and Integration (2005), Attachment A: Implementation Strategy Initiative No. 12, available at http://www.forumsec.org.fj/pages.cfm/about-us/the-pacific-plan/

2 Regional NGO Workshop on the Right to Information, opening remarking by Mr. Iosefa Maiava, para. 7 (Aug. 4, 2006), available at http://www.forumsec.org.fj/pages.cfm/speeches-2006
/acting-sg-maiava-speech-on-foi.html

3 Freedom of Information Workshop for Pacific Policy Makers, 30 June 2008, speech by Garry Wiseman, UNDP Pacific Centre Manager, available at http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/2008-1
/speech-by-undp-pacific-center-manager-foi-workshop.html.

4 Dr. Derek Sikua, Honourable Prime Minister, Freedom of Information Workshop for Pacific Policy Makers, (June 30, 2008), available at http://www.forumsec.org.fj/pages.cfm/newsroom/speeches/
2008-1/solomon-islands-pm-keynote-address-foi-workshop.html.

5 Press Statement, Regional Freedom of Information Workshop for Pacific Policy-Makers, (June 30 - July 2, 2008) available at http://www.forumsec.org.fj/pages.cfm/2008/final-outcomes
-statement-foi-workshop-pacific-policy-makers.html.

6 Id. at para. 7.

7 Id. at para 2.

8 Id. at paras 3-5.

9 Press Statement, Senior Pacific Policy Makers to Discuss Freedom of Information (June 25, 2008), available at http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/
2008/senior-pacific-policy-makers-discuss-foi.html.

10 Press Statement, Freedom of Information Leads to Better Service Delivery (July 2, 2008), available at http://www.forumsec.org.fj/pages.cfm/newsroom/
press-statements/2008/foi-leads-better-service-delivery.html.

11 Press Statement, PIFS commends Cooks Government on Passage of first Pacific FOI Law (Feb. 20, 2008), available at http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/
2008/pifs-commends-cooks-on-foi-bill.html

12 Forum Communiqué, Pacific Islands Forum, para. 35 (Aug. 19-20, 2008), available at http://www.forumsec.org.fj/pages.cfm/newsroom/press-statements/2008/
final-communique-of-39th-pacific-leaders-forum-matavai-resort-niue.html.


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