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Africa’s Model Law on Access to Information to be reviewed, updated

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The African Commission on Human and Peoples’ Rights (the African Commission), meeting at its 84th Ordinary Session, held virtually from 21 to 30 July 2025, recalled its mandate to promote and protect human and peoples’ rights enshrined in the African Charter on Human and Peoples’ Rights.

To this end, it reaffirmed Article 1 of the Charter which provides that States Parties shall recognise the rights, duties and freedoms enshrined therein and shall undertake to adopt legislative or other measures to give effect to them, in addition to Article 45(1) which mandates the Commission to develop norms and standards to guide States Parties in fulfilling their obligations under the African Charter.

This underscores that the right of access to information is enshrined in Article 9 of the African Charter, and other international human rights instruments, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights

This recalls the adoption of relevant soft law instruments on access to information in Africa by the Commission, including the 

We are cognisant of Resolution ACHPR/Res.167 (XLVIII)10 on Securing the Effective Realisation of Access to Information in Africa initiating the process of developing the Model Law, which was subsequently adopted by the Commission during its 13th Extra-Ordinary Session in 2013.

We note that since the adoption of the Model Law, 29 States in Africa have adopted access to information laws.

We further consider Executive Council Decision EX.CL/Dec.1234(XLIV), adopted during Council’s 44th Ordinary Session in February 2024, during which it requested the AU Commission to ‘work with [it] to undertake a 10-year review and update of the [Model Law], to ensure compliance with the [Declaration of Principles], and particularly to make it fit for purpose in the digital age’.

We take into account  developments in the areas of freedom of expression and access to information in the digital era since the adoption of the Model Law, including as reflected in Part IV of the Declaration of Principles.

The Commission thus:

  • Decides to conduct 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 theModel Law
  • Decides to appoint the Special Rapporteur on Freedom of Expression and Access to Information in Africa to undertake this study, in conjunction with the Commission
  • Appeals to all stakeholders to cooperate with the Special Rapporteur to support this study, and
  • Requests the Special Rapporteur to report the progress made at its next Ordinary Session

PICTURE: Courtesy the Centre for Human Rights at the University of Pretoria

Read the original statement here

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