Fiji has an E-government Master Plan,122 which has an accompanying governance framework (Government of Fiji 2008).123 According to government officials,124 the National Broadband Policy (2011) is the main national strategy guiding ICT and e-government. It is important to note, however, that although the Policy was endorsed, it has not been formally implemented. The Department of Communications states the Policy will be reviewed in 2015.
5.1 LEGISLATIVE FRAMEWORKS GOVERNING ICT ARCHITECTURE AND REGULATING E-GOVERNMENT DELIVERY
A national cybercrimes policy is currently in draft form, led by a Cybersecurity Taskforce (Ministry of Home Affairs). Complementing the Crimes Decree (2009), the cybercrimes policy will specifically address online bullying, harassment, threats and hate speech.
There is a regulatory body, the Telecommunications Authority (TAF), established under the Telecommunications Promulgation of 2008 to provide for the regulatory aspect of reform aimed at strengthening the telecom sector, from a monopoly to an open environment. The TAF is responsible for implementing Fiji’s telecommunications policy and overseeing spectrum, broadcasting, equipment, frequency links to spectrum and compliance, as well as mediating the resolution of disputes between licensees or between licensees and consumers.125
Fiji does not have a Freedom of Information Bill or a Data Protection Act. Protection of citizen’s rights to information and privacy are only covered by existing provisions for rights to privacy and access to information in the Bill of Rights.126
The e-Government Master Plan (2007) states developing a “good governance framework” via the establishment of “an ICT authority solely dedicated and empowered to regulate, plan, control, execute and coordinate e-government initiatives is...critical.”127 The Governance of e-government Report 2008 is the extant policy framework regulating delivering of e-government services. This governance framework does not include gender considerations beyond identifying women as a target sector (along with “rural, youth, elderly, disadvantaged, industry, schools, health professionals, media, ministerial advisers”) in the communications and marketing strategy.128 The Governance Framework sets out in detail technical specifications for IT security: “Security defines the methods of protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide integrity, confidentially and availability”.129 The implementing agency, ITCS is charged with ensuring data are confidential and protected.130
This review was not able to find any information regarding service level and data protection agreements in Public Private Partnership delivery models. It is important to note in this context that delivery and management of the e-Government programme has been contracted to a private sector provider (Pacific Digital Technologies). The precise terms of this (contract and service level agreement) is not known, nor oversight arrangements by the government.
The People’s Charter for Change, Peace and Progress (2008) identifies the introduction of e-governance as a key measure to enhance public sector efficiency but does not set out principles for responsive and accountable e-government services. The Charter notes a need for Freedom of Information legislation to “ensure good and just governance, including greater transparency and accountability, and to combat corruption”.131 Following the 2014 national election, the Fiji government reaffirmed its intention to pass legislation on ‘freedom of information’.132
With regard to accountable and gender governance arrangements, the People’s Charter pledges to reduce crime rates against women and children,133 and to support women as public leaders and decision makers at all levels.134 Further, the Charter pledges:
“To support all actions to alleviate poverty and strengthen social justice programmes based on need for the disadvantaged in our community, including the enhancement of participation and promotion of the interest of the youth and women.”135
The Constitution’s provision for the Right to Equality and Freedom form Discrimination includes: “race, culture, ethnic or social origin, colour, place of origin, sex, gender, sexual orientation, gender identity and expression, birth, primary language, economic or social or health status, disability, age, religion, conscience, marital status or pregnancy”.136
- Government of Fiji (2007), op.cit.
- Government of Fiji (2008), op,cit.
- Key informant interviews, see Appendix B.
- http://www.taf.org.fj/, Retrieved 3 May 2015
- 24.Right to privacy—(1) Every person has the right to personal privacy, which includes the right to— (a) confidentiality of their personal information (b) confidentiality of their communications and (c) respect for their private and family life. (2) To the extent that it is necessary, a law may limit, or may authorize the limitation of, the rights set out in subsection (1). 25. Access to information.—(1) Every person has the right of access to— (a) information held by any public office and (b) information held by another person and required for the exercise or protection of any legal right. (2) Every person has the right to the correction or deletion of false or misleading information that affects that person. (3) To the extent that it is necessary, a law may limit, or may authorize the limitation of, the rights set out in subsection (1), and may regulate the procedure under which information held by a public office may be made available. Constitution of Fiji (2012). Came into force 7 September 2013, pp 18-19.
- Government of Fiji (2007), op.cit., pp 67
- Government of Fiji (2008), op.cit., pp 40.
- Ibid, pp 103.
- Ibid, pp 49.
- National Council For Building A Better Fiji (2008). Fiji Peoples’ Charter For Change, Peace And Progress 15 December 2008, Pp 13.
- Key informant interviews, see Appendix B for details.
- Ibid, pp 16.
- Ibid, pp 21.
- Ibid, pp 42.
- Constitution of Fiji (2012), pp 19.
