The Parliament of Vanuatu has passed an amendment to the Right to Information (RTI) Act, exempting all decisions made by the Council of Ministers (COM) from public disclosure.

The amendment, introduced during the first ordinary session of Parliament this year, has drawn concern from civil society leaders, media organisations, and transparency advocates.

The new clause—Section 40A of the RTI Act No.13 of 2016—reads: “40A Council of Ministers decisions (1) All decisions of the Council of Ministers are exempted from disclosure under this Act and must be kept secret.”

Critics warn that the change weakens democratic checks and could allow misconduct to go unchallenged. One major concern is the delay in releasing the Citizenship Report from the Commission of Inquiry, recently submitted to Minister of Justice Job Andy.

The report was expected to be presented to the COM before being made public via the Right to Information Office. With the new clause now in effect, the likelihood of its release is uncertain.

The report investigates irregularities in the Citizenship by Investment programme and is believed to name individuals within the current ruling coalition. Sources familiar with the inquiry suggest the findings point to mismanagement, unauthorised approvals, and potential conflicts of interest.

A government source warned that shielding Cabinet decisions from scrutiny could damage public confidence. “When decisions are made behind closed doors, without accountability, it opens the door to abuse of power,” he said.

Legal experts also raised concerns, noting that the RTI Act was originally designed to increase access to government-held information and empower citizens. The amendment, they argue, does the opposite—giving the executive wide discretion to operate in secrecy without informing the public.

The Opposition has called for an urgent review of the amendment and the release of the Citizenship Report. “The people of Vanuatu deserve to know what decisions are being made on their behalf—especially when those decisions may involve the misuse of public resources or the sale of national identity,” Opposition Leader Alatoi Ishmael Kalsakau said during a recent press briefing.

Civil Society Organisations (CSOs) are now mobilising to challenge the amendment and are demanding clarity on its scope. It remains to be seen whether public pressure will lead to changes in the law—or if the COM will continue to operate behind a legislative shield.


SOURCE: VANUATU DAILY POST