Today, the internet has become a reality of human life — a tool through which people gain access to their fundamental human rights, which include three main pillars:
The right to freedom of expression and access to information;
The right to better and faster education;
The right to participate in the social and political life of society.
Because of these three rights, internet access has drawn the attention of legal scholars. Although there is still no full consensus among jurists on whether access to the internet should be classified as a “right” or a “privilege,” the dominant view, given explicit legal texts in some international human rights instruments, specialized UN documents, and the domestic laws of certain countries, recognizes internet access as a fundamental human right — and considers those who restrict it as violators of human rights.
The first foundation for the right to internet access is Article 19 of the Universal Declaration of Human Rights, adopted on December 10, 1948. This article defines access to information as a human right, and today, the internet is the most effective means of accessing information.
The article states: “Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.”
Likewise, the International Covenant on Civil and Political Rights of 1966 guarantees the right to access and share information under Article 19 in language similar to that of the Universal Declaration.
More specifically, since 2016, the United Nations has recognized internet access as a human right. Resolution A/RES/70/125 of the UN General Assembly emphasized the importance of promoting and protecting human rights in the digital age, stressing the need for free and unrestricted access to the internet as a tool for realizing human rights. The resolution also affirmed that all individuals, regardless of nationality, gender, language, or social status, must have access to information.
Following this, in 2021, the UN Secretary-General called on all member states to guarantee universal internet access by 2030 as a human right. In July of the same year, the UN adopted a resolution titled “The promotion, protection and enjoyment of human rights on the Internet.”
Alongside these international efforts, UNICEF and the International Telecommunication Union (ITU), through the “Giga” initiative to connect all schools to the internet, have underscored this right. Similarly, UNESCO has emphasized internet access as key to advancing the Sustainable Development Goals.
In Afghanistan — before the Taliban’s return to power — the right to access information was recognized under the 2004 Constitution, the Access to Information Law, the Mass Media Law, and the Telecommunications Services Regulation Law.
Tragically, the current rulers of Afghanistan (the Taliban), along with their other anti-human rights actions, have moved once again to restrict access to the internet. This decision delivers a serious blow to the rights of freedom of expression and access to information, the right to better and faster education, and the right to participate in social and political life. It undoubtedly strips the Afghan people of yet another fundamental human right.
Nasrullah Stanekzai is a political and international affairs analyst and former professor at the Faculty of Law and Political Science at Kabul University.
The views expressed in the opinion section of Amu’s website are those of the authors and do not necessarily reflect those of Amu.
