192. The Court recalls this second meaning in its judgment in Sébastien Germain
Ajavon v. Benin in which it decided that the Applicant had the right to
information concerning the judicial proceedings pending against him, in
particular as regards access to, and consultation of, the docket as an
essential component of a fair trial.63 Similarly, in Mugesera v. Rwanda, the
Court held that, as part of his right to defence, the Applicant was entitled to
receive all the information necessary to prepare his defence.64
193. The Court further notes that this interpretation of the right to information is
supported by existing international standards on the right to information in
relation to the dumping of toxic waste and its consequences on people and
the environment. Indeed, before, during and after dumping, States have a
duty to provide persons affected or likely to be affected with available,
accessible and practical information provided on an equal and nondiscriminatory basis.65
194. The Court further notes that the State must fulfil this obligation by, among
others, providing, collecting, evaluating and updating information. Such an
obligation implies that the State should investigate the actual and potential
human rights implications of hazardous substances and waste throughout
their life cycle and to provide the public and stakeholders with data on the
said implications.66
195. In the same vein, states also have an obligation to make information on
public health and other public affairs available to citizens, and to enable
everyone to exercise their right to information. In this regard, in Guerra and
Others v. Italy, the EH R found that the State breached its obligation to
“provide basic information that would have enabled the neighbouring
community to assess the risks to which individuals and their families may
be exposed if they continued to live a town particularly at risk in the event of
63
Sébastien Germain Ajavon v. Republic of Benin (merits) (March 29, 2019) 3 AfCLR 130, §§ 161-163
Léon Mugesera v. Republic of Rwanda (merits) (27 November 2020) 4 AfCLR 834, §§ 42-47
65 Document (HRC/30/40), Report of the Special Rapporteur on the human rights implications of the
environmentally sound management and disposal of hazardous substances and wastes, §§ 32-37.
66Ibid § § 50.
64
48
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents