Palau

Name of law: Open Government Act, RPPL No. 9-32 2014
First adopted: 2014
Last modified: 2014-07
RTI Rating last updated: 2018-07

Introduction

Palau has the worst RTI law in the world when compared with global standards, with few positive qualities. Although the state’s recognition of the right to information is relatively developed within its constitutional framework, the implementation of the right is extremely restricted due in part to its narrow scope and expansive exceptions regime. Many exceptions go beyond international standards and there is no mandatory public interest override or trump provision within the law. However, there are two critical weaknesses beyond its application. First, the law omits a defined procedure for requesting documents, which subjects requesters to variable internal processes that are dependent on the public authority and has zero safeguards to keep authorities accountable. Second, there is an absolute lack of an enumerated internal or external administrative appeals system, as the only way to lodge a reconsideration is through the judiciary. This creates real access to justice issues for requesters who cannot afford the judicial process.