Access to information, described by Canadian scholar Toby Mendel as the “oxygen of democracy” in his book Freedom of Information: A Comparative Legal Survey, is the right of every individual to obtain and review public records and documents held by government authorities. Mendel’s book, published by UNESCO in 2008, argues that access to information is fundamental to democratic society, ensuring that citizens are informed about government actions and decisions, which helps to enhance transparency and prevent corruption.
In a democratic society, the right to information enables citizens to oversee the workings of the government they elect. It fosters a culture of accountability by empowering people to question, evaluate, and critique government operations. This right is crucial for ensuring that the decisions and activities of public institutions are open to scrutiny. By safeguarding this right, societies can combat corruption, promote efficient governance, and build trust between the government and its citizens.
The idea of access to information as a fundamental right has deep historical roots. Thinkers like John Stuart Mill emphasized its importance in democratic development, stating in On Liberty that access to information forms the bedrock of democracy and enhances individuals’ capacity to make informed decisions. American founding fathers like James Madison and Thomas Jefferson also stressed its significance. Madison argued that a government cannot function effectively without a well-informed public, while Jefferson warned that a lack of public awareness could lead to tyranny and unchecked corruption.
Despite these foundational ideas, the right to access information was not formally recognized until Sweden’s groundbreaking Freedom of the Press Act in 1766, which allowed public access to government-held documents. This law marked the first legal acknowledgment of the right to information, setting a precedent that would slowly gain traction over the next two centuries.
After World War II, international momentum grew to codify access to information as a human right. In 1946, the United Nations General Assembly passed a resolution recognizing freedom of information as a fundamental right, and this principle was later enshrined in Article 19 of the Universal Declaration of Human Rights in 1948. This article acknowledges the right to freedom of expression, which includes the freedom to seek, receive, and impart information through any media.
The UN further reinforced this right through the 1993 Vienna Declaration, which emerged from the World Conference on Human Rights. This declaration underscored the importance of freedom of expression and access to information as essential components of human rights. By establishing these principles, the UN urged member states to incorporate the right to information into their national laws, recognizing that democracy cannot flourish without informed citizen participation.
Across regions, organizations have also embraced the right to information. The Organization of American States (OAS) issued a declaration in 1994, affirming that access to information is a key aspect of democratic governance. In 2000, the OAS further strengthened this right by formally recognizing freedom of expression and access to information as cornerstones of democracy.
In Europe, the European Commission and the Council of Europe have long championed access to information. In 1981, the Council of Europe established guidelines requiring member states to protect this right, and in 1994, the Commission took steps to enforce transparency within its institutions. This commitment was solidified in 2005 with the adoption of the European Transparency Initiative, which aimed to ensure that EU institutions provide accessible public records. Further, the EU has enacted several regulations to reinforce these principles. The 2001 regulation on access to EU documents, the 2013 Public Sector Information Directive, and the 2016 Data Protection Regulation are key milestones. In 2020, the EU also approved a Digital Strategy, promoting the use of digital public data among its member states.
The African Union joined the global trend, passing resolutions since 2004 to uphold the right to information among its member states. This commitment reflects a growing consensus across continents that access to information is fundamental to governance and democracy.
International courts have also played a significant role in upholding this right. The Inter-American Court of Human Rights and the European Court of Human Rights have both issued landmark rulings that reinforce the right to information as a legal standard. These rulings have paved the way for judicial systems worldwide to recognize and protect access to information, ensuring that governments remain accountable.
Domestically, access to information laws are now widely adopted across the world. In many UN member states, national laws have incorporated this right, with an increasing number of countries formalizing it in the 21st century. These laws often serve as safeguards, guaranteeing citizens the right to access public records and documents held by government entities.
In Afghanistan, the history of the right to information dates back to 1923 with the country’s first constitution. This early document required ministers to report their activities annually to the public, in a ceremony presided over by the monarch. By 2004, Afghanistan had enshrined the right to information in its Constitution, and in 2018, it passed a comprehensive Access to Information Law with 41 articles outlining the public’s right to government information. This law remains a vital tool for promoting transparency in Afghan society.
While access to information is recognized as a fundamental human right, its practical implementation varies across regions. The right serves as the “oxygen” that keeps democracy alive, empowering citizens to hold their governments accountable. In many countries, the ability to seek information has been instrumental in exposing corruption, improving public services, and strengthening the relationship between governments and the governed.
In a world where access to information is increasingly crucial, nations that safeguard this right are better positioned to foster democratic values, ensure accountability, and build trust with their citizens. As the demand for transparency grows, the recognition and enforcement of the right to information will continue to shape democratic governance around the globe.
Nasrullah Stanekzai is an analyst in political and international affairs and former lecturer at Law Faculty, Kabul University.
The opinions expressed are solely those of the author and do not necessarily represent the views of the Amu website.
