The world marks the International Day for Universal Access to Information on September 28, a date proclaimed by UNESCO in 2015 and endorsed by the UN General Assembly in 2019. This day aims to ensure everyone's right to seek, receive, and communicate information. According to UNESCO, universal access enables citizens to make informed decisions, participate in democratic life, and hold their leaders accountable.
In Tunisia, the right to access information is guaranteed by the 2022 Constitution, specifically in Article 38, and protected by Article 37, which safeguards freedoms of opinion, expression, information, and publication. Article 55 outlines potential restrictions. Internationally, this right is recognized in several instruments, including Article 9 of the African Charter on Human and Peoples' Rights.
Despite these guarantees, the reality in Tunisia is different. The administration and public services are often reluctant to provide information, and when they do, it is often incomplete or delayed. This has created a culture of secrecy within the Tunisian administration, where transparency is seen as the exception rather than the norm.
The closure of the National Instance of Access to Information (INAI) in August raised concerns about the future of this independent authority. The INAI was established by an organic law in 2016 to examine appeals related to access to administrative documents. Its disappearance has sparked worries among civil society organizations and the Tunisian Journalists' Union, who see it as a threat to the constitutional right to information.
The paradox lies in the fact that the institution responsible for guaranteeing access to information has itself been deprived of the means to exist. The authorities have not provided any convincing explanation for the closure. The disappearance of the INAI raises fundamental questions about the ability of citizens, journalists, and civil society to exercise this right, which is enshrined in the constitution.
The right to access information is essential for fighting corruption and promoting transparency. Without it, there can be no genuine citizen oversight, no effective counter-power, and no accountability. The fragility of this right has significant implications for the role of journalists and the health of democracy in Tunisia.
As Tunisia celebrates the International Day for Universal Access to Information, it is clear that there is still much work to be done to ensure that this right is fully realized. The authorities must take concrete steps to promote transparency and provide access to information, and civil society organizations and journalists must continue to push for the protection of this fundamental right.
Key points
- The closure of the National Instance of Access to Information (INAI) has raised concerns about the future of access to information in Tunisia.
- The right to access information is guaranteed by the Tunisian Constitution but faces practical challenges.
- Universal access to information is essential for promoting transparency, accountability, and democracy.