The African Commission on Human and Peoples’ Rights has commended the 29 African States that have so far adopted national laws on access to information. It called on countries that have not yet adopted such frameworks to do so as soon as possible, and design them in accordance with standards contained in the Model Law on Access to Information for Africa.
Commissioner Ourveena Geereesha Topsy-Sonoo, the Special Rapporteur on Freedom of Expression and Access to Information in Africa, made the statement while joining the international community in commemorating the International Day for Universal Access to Information (IDUAI), celebrated annually on September 28 every year, saying that adopting national access to information laws provides an added layer of protection for this important right.
The Commissioner pointed out that democracy cannot function meaningfully without an informed citizenry, adding that an informed citizenry is not possible without broad public access to information on the processes, procedures, and functioning of Government. She stated that: “Access to information is the right of every person to seek, receive, and impart information and ideas through any media.”
Speaking further, she said the right of access to information entails the right of every person to seek, receive, and impart information and ideas. Commissioner Topsy-Sonoo pointed out further that as noted in the Model Law on Access to Information for Africa, which was developed and adopted by the Commission in 2013, “access to information holds the promise of fostering good governance by improving information management, and by enhancing transparency, accountability and greater participation of the populace in public affairs,” and that moreover “the lack of access to information deprives citizens of their right to participate in the decision-making process and hold elected representatives accountable for their acts or omissions and creates an environment in which corruption, maladministration, and mismanagement of national resources may thrive.”
Stressing that key in the role of effective implementation at the national level is the role of the Judiciary in safeguarding and ensuring the right to access information is effective, the Commission commended a recent decision of the Nigerian Supreme Court which affirmed that the Freedom of Information Act (FOI) Act, 2011 applies to all tiers of Government, including State institutions. The Commission said in its judgment, Nigeria’s Supreme Court “noted that the FOIA, which was enacted to promote transparency, citizen engagement, and accountability in public governance, is binding across the Federation.” The Commission added that the landmark decision represents an extremely important victory for the right of access to information in Nigeria, which it greatly commended.
Commissioner Topsy-Sonoo stated that “in today’s digital age, ensuring universal access to information and promoting digital inclusion are crucial for fostering inclusive knowledge societies, which involves bridging digital divides, particularly among marginalised groups such as women, girls, and persons with disabilities.”
The Commission emphasised the importance of universal access to information and digital inclusion as essential elements for building inclusive knowledge societies in today’s digital era. Recognising the transformative power of digital technology, it highlighted the need to bridge digital divides affecting marginalised groups such as women, girls, and persons with disabilities.
Referencing the 2019 Declaration of Principles on Freedom of Expression and Access to Information in Africa, Commissioner Topsy-Sonoo reaffirmed the critical role of digital technologies and open government data in promoting transparency, efficiency, and innovation. She also recalled Resolution 620, which underscores the importance of equitable access to data, including statistics and research, as vital for advancing human rights, democracy, and accountability in governance.
She disclosed that the Commission, in collaboration with the African Union Commission, is reviewing the Model Law on Access to Information for Africa to ensure its relevance in the digital age. Through Resolution 639, it launched a one-year continental study to update the Model Law to reflect digital developments.
The Commission reiterated that access to information is both a fundamental human right and a key instrument for promoting other human rights across Africa.
