International Day for Universal Access to Information
28 September 2025
The African Commission on Human and Peoples’ Rights (the Commission) joins the international community in commemorating the International Day for Universal Access to Information, which is celebrated annually on 28 September.
It goes without saying that it is not possible for democracy to function meaningfully without an informed citizenry and this, in turn, is impossible without broad public access to information on the processes, procedures and functioning of Government. Access to information is the right of every person to seek, receive and impart information and ideas through any media.
The African Charter on Human and Peoples’ Rights provides that “every individual shall have the right to receive information.” This right is equally recognized in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.
Essentially, this entails the right of every person to seek, receive, and impart information and ideas. 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.” 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.”
In view of the importance of the right to access to information, the Commission commends the twenty-nine (29) African States which have adopted national legislation on access to information, in order to provide an added layer of protection for this important right. The Commission encourages States that have not yet adopted access to information laws based on the Model Law, to do so as soon as possible. Access to information is of paramount importance in any democratic society as it promotes accountability and public discourse, enhances transparency, reduces corruption and power abuse, leads to greater equality and accountability in governance. Some States that have passed Access to information laws suffer from a lack of implementation which leads to ineffectiveness of these laws. In other countries the access to information laws have not been effectively enforced, leading once again to challenges for the citizen to access information.
Key in the role of effective implementation at national level, is the role of the Judiciary in safeguarding and ensuring the right to access information is effective. It is for this reason that the Commission applauds a recent decision of the Supreme Court of the Federal Republic of Nigeria, which unanimously affirmed that the Freedom of Information Act (FOIA) 2011 applies to all tiers of Government, including State institutions. In its judgement, “the Court noted that the FOIA, which was enacted to promote transparency, citizen engagement, and accountability in public governance, is binding across the Federation.” This landmark decision represents an extremely important victory for the right of access to information in Nigeria, which is greatly commended.
It goes without saying, therefore, that access to information is a fundamental right which empowers individuals and communities. Furthermore, 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 marginalized groups such as women, girls, and persons with disabilities.
This new digital era has revolutionised access to information. Digital technology and connectivity have taken over our daily lives, and we rely on digital access for virtually everything — from connecting with others to accessing information. This is buttressed in the Declaration of Principles on Freedom of Expression and Access to Information in Africa, adopted by the Commission in 2019 to give effect to rights enshrined in Article 9 of the African Charter, which reaffirms in its Preamble “the role of new digital technologies in the realization of the rights to freedom of expression and access to information and the role of open government data in fostering transparency, efficiency and innovation.”
In recognition of this, the Commission adopted Resolution 620 on Promoting and Harnessing Data Access as a Tool for Advancing Human Rights and Sustainable Development in the Digital Age which underscores the indispensable role of data in facilitating access to information, and recognizing that as an extension of access to information, equitable access to data, encompassing statistics, datasets and research findings, is essential for nurturing a just, informed, and inclusive society in the digital era. The Resolution further notes that harnessing the power of data, particularly in the digital age, can promote democracy, and facilitate the exercise of various human rights while ensuring transparency and accountability in governance. The Commission, by way of Resolution 620 has entrusted the Special Rapporteur on Freedom of Expression and Access to Information in Africa to consult broadly and to develop normative standards to guide data collection, development and access issues concerning data.
Taking into consideration the emergence of the digital era and its relationship to access to information, the Commission, working with the African Union Commission, is undertaking a process of reviewing the Model Law on Access to Information for Africa to make it fit for purpose in the digital age. To this end, the Commission adopted Resolution 639 on the need to undertake a study on the review of the Model law on Access to Information for Africa, in which it resolved to undertake a one-year continental study on developments in the areas of freedom of expression and access to information in the digital era, with the view to reviewing and updating the Model Law to accommodate the digital aspects.
In celebration of the International Day for Universal Access to Information, the Commission once again, reiterates the importance of the right of access to information which is a both a fundamental human right and a critical tool for advancing other human rights in Africa.
Commissioner Ourveena Geereesha Topsy-Sonoo
Special Rapporteur on Freedom of Expression and Access to Information in Africa
Banjul, 28 September 2025
