E. Alleged violation of the right to information 187. The Applicants allege that the Respondent State failed to provide communities exposed to the hazardous materials with information about the nature of the waste and its adverse effects on the population. It is also alleged that the victims’ compensation programme rolled out by the Respondent State lacked transparency and information flow. As an example, they underscore that many victims were reportedly not informed of their right to compensation nor of the means and timelines for registration, resulting in their inability to benefit from the programme. 188. The Applicants argue that, as at the filing of this Application, a large number of victims had not been informed of processes to claim the compensation of CFA Francs Fifty Million (CFA 50,000,000) allocated to each victim under the MoU. * 189. The Respondent State did not submit on this allegation. *** 190. Article 9 of the Charter provides: 1. Every individual shall have the right to receive information. 2. Every individual shall have the right to express and disseminate his opinions within the law. 191. The Court notes that, in its objective sense, the right to information as prescribed in Article 9 of the Charter presupposes a guarantee that everyone has the right of access to any information in the public domain. Thus, the Court considers that beyond this general prerogative, the right to information presupposes, in its subjective sense, the prerogative of its holder to access any information relating to any matter or procedure concerning him or her. 47

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