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
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents