MENA: Setbacks and persistent challenges to the right to information

On the International Day for Universal Access to Information, ARTICLE 19 expresses its concern over the persistent setbacks in the Middle East and North Africa (MENA) region regarding the right to information (RTI). The region still faces legal, institutional, and cultural challenges that hinder citizens' ability to exercise their right to information and participate meaningfully in public life. On this occasion, we urge states in the MENA region to uphold their commitments under international law by ensuring the adoption and implementation of RTI laws in line with international standards, strengthening oversight mechanisms.

The right to information (RTI) is a cornerstone of democratic governance, accountability, and the empowerment of human rights. It allows citizens to participate in decision-making, hold authorities accountable, and access essential public services. In the MENA region, however, the realisation of this right remains low. Significant challenges to the enjoyment and exercise of RTI persist, both in legislation and in practical implementation, limiting citizens' ability to fully exercise this fundamental right.

Legal framework: Gaps and implementation challenges

Several countries in the region still lack comprehensive laws guaranteeing access to information. Egypt, Algeria, and most Gulf states, for instance, do not have effective RTI legislation, despite years of discussion regarding draft laws. This legal vacuum deprives millions of citizens of a right recognised internationally, with direct implications for their daily lives and broader human rights.

In Iraq, the government proposed a draft Right to Access Information law, which was submitted to Parliament in October 2023. Parliament began deliberations on the draft in 2024. The draft has raised serious concernsamong local and international organisations due to its vague and overly broad exceptions, as well as the absence of a harm test and a public interest override, leading many to callfor its withdrawal. Local organisations have launched campaigns involving various stakeholders and have actively advocated for amendments by engaging with parliamentarians and fostering inclusive discussions.On 17 September, a parliamentary session was scheduledto vote on the draft, but it did not take placedue to lack of quorum. ARTICLE 19 calls for any adoption process to follow a participatory approach, include a clear timeline for adoption, and ensure consultations with civil society and other stakeholders.

In Jordan, while the amendments to the Access to Information Law introduced in 2024strengthened proactive publication, expanded the scope of beneficiaries, and improved civil society participation in the Access Council, they failed to introduce essential necessity and proportionality tests for withholding information, retained broad exceptions to disclosure, and maintained ambiguity regarding terms such as 'legitimate reason'.These shortcomingscollectively undermine the law's effectiveness and restrict meaningful public access to information

In Lebanon, the 2017 RTI law faces major implementation challenges due to ongoing economic and political crises. The first annual reporton its application, published in April 2025 in cooperation with the United Nations, highlighted weak responsiveness from government institutions and incomplete activation of oversight mechanisms. Kuwait's 2020 RTI law faces similar obstacles, including unclear standards and delays in responding to requests. The requirement of a 'legitimate interest'without a clear definition further restricts citizens' access. In Yemen, the law is not implemented at all due to ongoing instability.

Institutional challenges including weak oversight mechanisms

In Morocco, the implementation of Law 31-13 on the Right to Access Information, which was adopted in 2018, and came into effect in March 2020, continues to face significant challenges. The Commission for the Right to Access Information (CDAI), tasked with overseeing the law, lacks institutional independence, as it operates under the authority of the Head of Government and is chaired by the President of the National Control Commission for the Protection of Personal Data. International standards requirethat such bodies be administratively and functionally independent from public authorities. Additionally, although the law requires the CDAI to publish an annual report assessing its activities and the law's implementation, this obligation has not been fully met since the commission's members were appointed in March 2019. While the government has commitedto amend the law to address these shortcomings, no clear timeline for these reforms has been established.

Even where strong RTI laws exist, enforcement is frequently undermined by institutional weaknesses.

In Tunisia, the government dissolved the National Commission for Access to Information (INAI) last August shutting down the only independent body responsible for making sure citizens can access public information. This has removed a vital safeguard for transparency and democracy in Tunisia. This lack of institutional independence and enforcement capacity undermines oversight bodies' ability to make impartial and effective decisions, particularly in sensitive cases involving high-level government entities. Consequently, citizens are often unable to exercise their right to information, despite formal legal guarantees.

The right to access information is fundamental to the enjoyment of other human rights. It empowers citizens to participate meaningfully in public life, make informed decisions, and hold governments accountable. In the region, this right is particularly crucial for tackling corruption, enhancing the quality of public services, safeguarding the environment and public health, and countering disinformation. We therefore urge states in the MENA region to uphold their commitments under international law by ensuring the adoption and implementation of RTI laws in line with international standards, strengthening oversight mechanisms.