3 February 2012. In ensuring that there is a continual improvement in the flow, distribution and quality of information that is shared between the Government of Tonga and its people, senior members of the Tongan Government, public service and the civil societies including community leader, churches and media came together in Nuku'alofa today in a consultation workshop to discuss the Government's proposal for a national Freedom of Information (FOI) policy.
Among the distinguished guests present at the consultation were, their Excellencies, HE Mr. Thomas Roth, the Australian High Commissioner, and HE Mr. Yasuo Takase, Japan's Ambassador to Tonga who came to show their support of the government's effort.
Participatory democracy
The policy is a key step in the Government's push towards greater transparency and accountability as part of its ongoing democratic reform process. Not only did this consultation met the general aims of increasing the ability of the people of Tonga to participate in their governance, it also integrate the public input into the FOI policy-making process to make it a policy that is well-suited and applicable to the Tongan way of life and society.
"Today, Tonga moves towards enhancing its commitment to participatory democracy. Over the next few days, we expect you to review Tonga's proposed policy on freedom of information, disseminate it, discuss it in your communities and provide relevant feedback to our Cabinet Steering committee, so that it can be finalised and implemented. The Government is strongly committed to more open government", said Tonga's Deputy Prime Minister, Honourable Samiu K Vaipulu, at the opening of the National Consultation on Tonga's FOI policy today. Hon Vaipulu is also the Chairman for the Cabinet Steering Committee for the Freedom of Information policy.
Discussion Paper on Freedom of Information policy considerations
The workshop is part of a nationwide consultation process for the project, where a Draft Discussion paper on the FOI Policy was circulated earlier in the month and now made available to the general public to submit their views and input on the policy considerations and guidelines recommended by this Discussion Paper.
This Discussion Paper set out guiding principles for the Policy, with explanation of procedures for requesting and accessing information, a set of exemptions for non-disclosure of government information and the public's right to information held by the government and public authorities.
This paper also outlines implementation and operational costs expected once the policy is approved. In addition, it also discusses key issues for appeals process and independent complaints mechanisms for Tonga.
People's right to information and improving service delivery in Government
The purpose of this Policy will not only give the public the right to access and request information from Government within the rule of the law, whilst at the same time suggest guidelines for clear procedures and framework for information disclosure and dissemination to improve better service delivery from Government to the public.
At the opening session, the Minister of Justice and Public Enterprises, Hon Clive Edwards, also announced a crucial new accountability initiative of the Government, telling participants of Cabinet's recent decision to re-establish a national Anti-Corruption Commission. Legislation to establish the Commission was passed in 2007, but the Government has now committed to appointing a new Commissioner and providing resources to set up the new office. This initiative is likely to be pursued in tandem with implementation of the Freedom of Information Policy.
Addressing Cultural and traditional values
In response to calls from the communities about their expectations about the policy, Lady Fusitu'a, Former Minister for Information and Communications as one of the key Facilitators emphasized that the fundamental issues of language and cultural identity be addressed. "We are pleased that Government is giving us this exercise, where we can participate in drafting context of the Policy, with the voices of our very community who make up the very essence of this policy, be heard and views be considered."
Better understanding of the flow of information from the executive
For the first time ever, the participants also had an opportunity to better understand how decisions and deliberations are made in Cabinet, and how disclosure of Cabinet information works, as explained in a presentation by the Chief Secretary and Secretary to Cabinet, Busby Kautoke of the Prime Minister's Office.
Cultivating public trust
Mrs. Alisi Taumoepeau, the former Minister for Justice and Attorney General for Tonga was one of the facilitators at the consultation. She was very positive in her review of these initiatives. "I congratulate the Government on their commitment to these two very important issues which have been vexing in Tonga for some time. The Government is cultivating the trust of the people by introducing its FOI policy, and it is promoting integrity by initiating the implementation of the Anti-corruption Commission Act. We all look forward to the timely implementation of these important initiatives."
Public interest test and rule of law
In support of implementation plans for the policy, the Acting Police Commissioner, spoke on the Police Ministry' information disclosure policy when conducting police investigations as key examples for a good framework for whether to disseminate or disclose information. According to Acting Police Commissioner Faletau, Police investigations use a public interest test for disclosure, whether it would be at the interest of the government, public or personal level, and in accordance with the law.
Mr Pesi Fonua, President of the Tongan Media Council reiterated that "When the government is deciding what information should be released and what should remain exempt, it should always apply that ‘public interest' test. The issue of the ‘public interest' basically refers to information held by government which is of such importance that it will affect the decisions and day-to-day lives of the Tongan people."
Encourage public records management as key priorities
Another presentation was made by Lord Vaea, stressing the importance of the need to put records management as one of the key priorities of Government in its activities, which remain lowly ranked in Government activities. "Archives and records management are very important for sound decision-making process, and must be addressed in the Policy."
Project update
Work on the new FOI policy began in October 2011. In November 2011, when launching the new Radio Mast for the Tonga Broadcasting Commission, Lord Prime Minister Tu'ivakano highlighted that a Freedom of Information policy would be an important framework in the ongoing development of the information infrastructure of Tonga.
The development of the FOI Policy has been guided by a Cabinet Sub-Committee, chaired by the Deputy Prime Minister, with members comprising of Ministers for Justice & Public Enterprises, Minister for Finance & National Planning, Minister for Training, Youth, Employment & Sports, the Solicitor General, Chair of the Public Service Commission and Chief Secretary and Secretary to Cabinet. The Project is coordinated under the Information Department of the Ministry of Information and Communications which acts as Secretariat.
Special technical assistance is being provided by the engagement of consultant Associate Professor. Rick Snell under the Commonwealth Pacific Governance Facility, in partnership with Ms Charmaine Rodrigues and Mr Isikeli Valemei from the United Nations Development Programme (UNDP) Pacific Centre in Suva.
The proposed FOI Policy have made very considerable progress, with the draft guiding principle of maximum disclosure has been adopted by the Steering Committee, and exemptions will be harm based and subject to a public interest test.
Invitation for public Submissions on the Policy
Today's public consultation has been very rewarding with the views and exchanges submitted by the participants, which will complement the review of the context of the draft policy. (More information on this will be available soon)
At the conclusion of the consultation, Chief Executive Officer for the Ministry of Information and Communication, Mr. Paula Pouvalu Ma'u, confirmed that the public has until 5 March 2012 to provide feedback on the FOI Policy Discussion Paper. The Ministry then plans to finalise the Government in March before it is formally launched.
The FOI Policy will then be the foundation for work on actual FOI legislation, which then entrench the legal right to information for all Tongans.
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A copy of the FOI Discussion Paper can be attained from the Ministry or please email This e-mail address is being protected from spambots. You need JavaScript enabled to view it to get an e-copy.
Details of the Consultation Workshop also available online: Programme, Minutes of Consultation, List of Participants
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Issued by the: Ministry of Information and Communications, Nuku'alofa, 2012. Contact: +676 28-170 Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it Address: MIC, Level 2, Sanft Building, Taufa'ahau Road, Nuku'alofa. Please visit www.mic.gov.to for more information.
