A. Alleged violation of the right to information
72. The Applicants submit that according to Decree No. 96-884 of 25 October
1996, the loss of customary rights has two components, namely
compensation in cash or in kind, on the one hand, and reparation, on the
other. They argue that at the time of negotiations for out-of-court settlement,
the Respondent State should have informed them that in addition to their
right to compensation, they were also entitled to reparation. This, in their
view, would have allowed them to better assess their entitlements. The
Applicants contend that by failing to inform them of their full rights, the
Respondent State violated their right to be informed under Article 9(1) of the
Charter.
*
73. The Respondent State submits that the obligation to provide information
under Article 9(1) of the Charter means that the State must not impede
access to information. It asserts that after the signing of Decree No. 96-884
of 25 October 1996, it was published in the Official Gazette and that it was
incumbent upon the Applicants to take note thereof and ascertain their
rights. The Respondent State prays the Court to dismiss this allegation.
***
74. Article 9(1) of the Charter provides as follows:
“1. Every individual shall have the right to receive information.”
75. The Court notes that the right to information guaranteed in Article 9(1) of the
Charter is based on the principle of knowing, receiving, accessing and
disseminating information often required to promote other rights or the
exercise thereof. It thus implies a proactive obligation on the part of the
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