By Raymond Amumpaire |

The African Commission on Human and Peoples’ Rights (African Commission) at its 86th Ordinary Session has pronounced itself on the importance of access to information in the realisation of the right to a healthy environment. In a recent resolution, ACHPR/Res. 657 (LXXXVI) 2026, the Commission recognised 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.

The resolution among others underscores the key provisions of the African Charter, Article 9 on access to information, Article 16 on the right to a healthy environment, Article 21 on the right to natural wealth and resources and Article 24 on the right to a general satisfactory environment.

This resolution comes at a time when gaps in transparency in the extractives industry, lack of information on the risks, and gaps in the cumulative impacts of projects and accountability are largely felt by affected communities.

Anchored on regional and international instruments, the resolution reaffirms the obligation of States to legally guarantee public access to information held by public bodies and relevant private bodies for rights protection. States have a duty to provide persons affected or likely to be affected with available, accessible and practical information on an equal and non-discriminatory basis.

This position aligns with, and reflects a growing global consensus on the relationship between the right to access information and the right to a healthy environment. The Commission has previously decided in its legal jurisprudence including in Social and Economic Rights Action Center (SERAC) and Center for Economic and Social Rights (CESR) v Nigeria [2001] ACHPR 35, Centre For Minority Rights Development and Another v Kenya (Communication 276 of 2003) [2009] ACHPR 102 and, in LIDHO and Others v Republic of Cote d’Ivoire (Application 041/2016) [2023] AfCHPR 21 that the right to access information is not just complimentary but central to the right to a healthy environment.

The resolution is a key reminder to State parties to prevent, investigate, and remedy acts of harassment, intimidation, arbitrary arrest or detention, and other forms of reprisals against journalists, environmental and other rights’ defenders covering environmental and climate issues as well as affected communities including vulnerable groups such as women, children, indigenous and minority peoples. It further condemns the weaponisation of abuse of due process and Courts by powerful individuals or organisations 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 (SLAPPs).

It is a boon for the prior calls for respect of human rights in the conduct of business pursuant to Resolution ACHPR/Res.367(LX)2017 and the State Reporting Guidelines and Principles on Articles 21 and 24 of the African Charter. It is a response to emerging and growing concerns around corporate responsibility and rights protection including environmental protection and how they intersect with  access information. It could boost intergenerational equity and sustainable development..

It is a call to business enterprises, particularly those operating in the extractive, energy, agribusiness and infrastructure sectors, to conduct human rights and environmental due diligence consistent with applicable regional and international standards including on transparency and meaningful public participation.By centering the right to access information, it tackles the issues to do with climate and environmental disinformation which thrive in an information void.

The resolution in highlighting the implications on information integrity, participation and environmental justice further calls upon State parties to:

1. 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
2. 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
3. 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
4. Take 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
5. Ensure 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.

The Digital Rights Alliance joins its voice in solidarity with the African Commission in calling for efforts and actions that recognise the right of access to information as a cornerstone for the protection, promotion and realisation of a healthy environment in Africa.