As the world commemorates the International Day for Universal Access to Information (IDUAI) that was proclaimed by the 74th UN General Assembly in  October 2019, the Centre for Human Rights, University of Pretoria recalls the Declaration of Principles on Freedom of Expression and Access to Information in Africa which affirms the importance of the right of access to information in the “development of the human person, the creation and nurturing of democratic societies and for enabling the exercise of other rights”. It is a fundamental right that is protected under international human rights laws and standards.

 The 2023 IDUAI commemoration is taking place when the African Commission on Human and Peoples’ Rights Model Law on Access to Information for Africa (the Model Law) has been in existence for 10 years, since February 2013. The Model Law provides guidance to Member States' legislative obligations in promoting and protecting the right to access information, which entails developing new legislations and reviewing existing legal frameworks. In addition to shaping national legislation on the right to access information, it is also a useful tool that can be used for influencing judicial interpretations on matters related to access to information and can also be used in advocacy initiatives by civil society organisations (CSOs) to demand access to information legislation that complies with international human rights laws and standards.

Since the adoption of the Model Law, some countries have adopted best practices that promote the exercise of the right of access to information, including the enactment of access to information legislation. However, the access to information landscape in Africa is also burdened by significant challenges: huge transparency deficit in public institutions enabled by the culture of secrecy; rampant corruption; slow implementation of existing access to information laws; the proliferation of misinformation and disinformation; weak whistleblower protection regimes; weak oversight mechanisms; and internet connectivity challenges. The transparency deficit undermines accountability which is a core value of democracy. The low demands for accountability are necessitated by the presence of authoritarian regimes which suppress active citizen engagement and low levels of awareness of human rights including the right to public participation, which is anchored on the right of access to information.

African elections also continue to fail the integrity and credibility test and the Centre for Human Rights notes with deep concern the transparency gaps in these elections. The integrity and credibility challenges are partly a result of the failure to observe basic tenets of election management, including the provision of credible information to the electorate to promote transparent conduct of elections. The integrity of elections should be underpinned by transparency based on availability of credible election-related information throughout the electoral cycle as conceived in the Guidelines on Access to Information and Elections in Africa. The information should be provided upon request or proactively by electoral stakeholders.

Although Africa is yet to achieve universal, equitable, affordable and meaningful access to the internet, the Centre for Human Rights also acknowledges the importance of the online space for access to information.  It is lamentable that while online spaces are useful platforms for public engagement and access to information, they are also avenues for channelling hate speech, misinformation and disinformation. Also various forms of violence are perpetrated online, including that which is targeted at women, human rights defenders and media practitioners. Various forms of disruption of access to the internet, including internet shutdowns for segments of the public or an entire population are an unfortunate reality that Africa still grapples with. Shutdowns have been ordered in Ethiopia, Guinea, Mauritania, Senegal, Sudan and Tanzania in response to elections protests, political crisis and other forms of conflict.

As we commemorate IDUAI, the Centre for Human Rights reaffirms the state obligation enshrined in the Declaration of Principles on Freedom of Expression and Access to Information in Africa on the need to create an enabling environment for the exercise of access to information, including protection against any curtailment that might hinder the full enjoyment of the right of access to information.  Specifically, States should:

• Promote transparency through proactive disclosure of information of public interest held by public and relevant private bodies.
• Ensure that public bodies, relevant private bodies and private bodies adopt efficient information management systems including adhering to the duty to create, keep, organise and maintain information in a manner that facilitates the exercise of the right of access to information.
• Facilitate universal, equitable, affordable and meaningful access to the internet which is necessary for the realisation of access to information and the exercise of other human rights.
• Adopt measures to bridge the digital divide and ensure that unserved and underserved communities such as rural and remote areas have sufficient access to the internet.
• Adopt inclusive approaches to accessing information for the benefit of persons with disabilities (PWDs) and other vulnerable and marginalised groups.
• Work in liaison with other stakeholders to promote healthy information ecosystems by tackling information disorder, including misinformation and disinformation using human rights based approaches.
• Promote media and digital literacy.
• Adopt legislation that protects and gives effect to the right to privacy, such as data protection laws.
• Create and promote robust mechanisms of demanding accountability from duty bearers.
• Establish independent and impartial oversight mechanisms to monitor, promote and protect the right of access to information.

It is possible to achieve a transparency revolution when all stakeholders that operate in the public sphere including the business fraternity, CSOs, religious institutions, charity organisations, government entities and the media adopt high standards of transparency and accountability. All transparency reforms should include the most vulnerable in societies to ensure open and inclusive development.