The African Commission on Human and Peoples’ Rights (the Commission), meeting at its 86th Ordinary Session, held virtually from 23 February to 09 March 2026;
Recognizing its mandate to promote and protect human and peoples’ rights pursuant to the African Charter on Human and Peoples’ Rights (the African Charter);
Reaffirming the fundamental right to freedom of information and expression enshrined under Article 9 of the African Charter, the right to health in terms of Article 16, the right to natural wealth and resources under Article 21 and the right to a general satisfactory environment under Article 24 of the African Charter;
Reaffirming also Principle 26 of the Declaration of Principles on Freedom of Expression and Access to Information in Africa, obligating States to legally guarantee the right of access to information held by public bodies and relevant private bodies, as well as information held by private bodies that may assist in the exercise or protection of any right;
Cognizant of the mandate of the African Commission’s Working Group on Extractive Industries Environment and Human Rights, whose work established the inseparable link between Article 9 of the African Charter and Articles 21 and 24 of the African Charter;
Recalling Resolution ACHPR/Res.633 (LXXXIII) 2025 on Developing a General Comment on the Protection and Promotion of the Right to Environment in Africa and Resolution ACHPR/Res.342(LVIII)2016 on Climate Change and Human Rights in Africa;
Reaffirming Resolution ACHPR/Res.634 (LXXXIII) 2025 on Extractive industries and the elimination of all forms of exploitation in the international economic relations of Africa, in addition to Resolution ACHPR/Res.367(LX)2017 on the Niamey Declaration on Ensuring the Upholding of the African Charter in the Extractive Industries Sector;
Further reaffirming the principles and standards elaborated on access to information and the environment in the Commission’s State Reporting Guidelines and Principles on Articles 21 and 24 of the African Charter relating to Extractive industries, Human rights and the Environment (the State Reporting Guidelines on Articles 21 and 24);
Noting the Model Law on Access to Information for Africa, which highlights the importance of access to information for public participation and accountability;
Further noting the Commission’s Background Study on the Operations of the Extractive Industries Sector in Africa and their Impact on the Realization of Human and Peoples’ Rights under the African Charter on Human and Peoples’ Rights;
Cognizant of Articles 16 and 17 of the Revised African Convention on the Conservation of Nature and Natural Resources, which obligate States to adopt legislative and regulatory measures for the timely and appropriate dissemination of environmental information, and access of the public to environmental information, including indigenous knowledge;
Recalling also Principle 7 of the United Nations Framework Principles on Human Rights and the Environment, which affirms that States should require business enterprises to undertake human rights due diligence to identify, prevent, mitigate and account for how they address their environmental human rights impacts;
Noting the importance of accurate and reliable information, transparency, participation and accountability as a necessary tool to address environmental harm, promote resilience, as clearly envisaged in the State Reporting Guidelines and Principles on Articles 21 and 24 and facilitate climate adaptation;
Acknowledging the role of independent public watchdogs, including civil society and journalists, in facilitating access to information on issues related to the environment and climate, documenting environmental degradation, exposing harmful practices in extractive industries, amplifying community voices, promoting public participation, and holding governments and corporations accountable;
Taking into account the prevalence of climate and environmental disinformation and misinformation, which undermines information integrity, societal resilience, transparency, accountability, and States’ obligations to ensure access to timely and reliable information on environmental matters;
Taking into account also the increasing attacks against environmental defenders and journalists covering environmental and climate issues, and restrictions on access to information, which threaten the public’s right to safeguard the environment;
Noting the issue of the abuse of Courts by powerful individuals or organizations to silence, intimidate, and financially exhaust critics, such as journalists, activists, and campaigners, regarding matters of public interest through the use of strategic lawsuits against public participation;
Acknowledging the need to address the challenges faced by environmental defenders, journalists, affected communities including vulnerable groups such as women, children, indigenous and minority peoples and the implications on information integrity, participation and environmental justice;
Recognizing also the critical need to ensure respect for and compliance with the standards established in various ACHPR normative instruments referred to in this Resolution on access to information, public participation and access to justice in environmental matters;
The Commission:
1. Reaffirms State Parties’ obligations under Articles 9 and 24 of the African Charter and urges States to ensure timely, accurate, accessible, and proactive disclosure of climate and environmental information, and to guarantee meaningful public participation and access to justice in environmental decision-making, as integral components of environmental protection and sustainable development as elaborated in the State Reporting Guidelines on Articles 21 and 24,.
2. Underscores that an open, pluralistic, and enabling information environment is essential to the effective fulfilment of States’ environmental obligations, including in relation to climate change mitigation and adaptation, biodiversity protection, and the governance of natural resources.
3. Calls upon States to facilitate unimpeded access to information for journalists, human rights defenders, and communities affected by climate and environmental issues, including through proactive disclosure, the removal of undue administrative and practical barriers, and the promotion of linguistic diversity and accessible formats, particularly for local and indigenous communities.
4. Urges States to adopt, review, and effectively implement national access to information legislation in line with the Model Law on Access to Information and the Declaration of Principles on Freedom of Expression and Access to Information in Africa (the Declaration), including by ensuring that information relating to the environment and climate change is subject to proactive disclosure.
5. Calls on States to prevent, investigate, and remedy acts of harassment, intimidation, arbitrary arrest or detention, and other forms of reprisals against journalists, as elaborated in the Declaration, in addition to environmental human rights defenders arising from their efforts to seek, receive, and impart information on environmental harm, climate impacts, and the exploitation of natural resources, and to ensure accountability for such violations as stipulated in Resolution ACHPR/Res.367(LX)2017.
6. Calls upon States to take, as appropriate, legislative, administrative and judicial measures to deter and address vexatious, harassing or abusive resort to litigation that unduly restrict and chill public participation in environmental matters, including, inter alia providing targeted procedural protections such as expedited handling of cases, facilitating timely access to legal aid and other appropriate assistance to victims as provided in the Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa, and by making available other remedies that deter such improper proceedings such as compensation.
7. Urges States to ensure, pursuant to Resolution ACHPR/Res.367(LX)2017 and the State Reporting Guidelines and Principles on Articles 21 and 24 of the African Charter, that business enterprises, particularly those operating in the extractive, energy, agribusiness and infrastructure sectors, conduct human rights and environmental due diligence consistent with applicable regional and international standards, including by ensuring transparency, meaningful public participation, and access to relevant environmental and climate-related information.
Done virtually on 09 March 2026
