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Consensus on the crux of the issue

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Consensus on the crux of the issue

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  1. Working Group ThreeNon-State and Multilateral Actors:examining roles and responsibilitiesThis group considered the arguments for and against extending the reach of the right to information requirements, identifying non-state that actors should be covered by access to information regulations. It also contemplated ways to positively motivate the engagement of non-state actors that may be threatened by a law or disclosure policy.

  2. Consensus on the crux of the issue • The Right to Public Information is now established, but Non-state Actors and Multilateral Bodies powerfully impact human rights. • Therefore: how should the right to access to information be extended to such non-state actors in principle and in practice?

  3. Main considerations or areas of discussion • Vast diversity of organizations in the world – from the African Union, to the International Criminal Court, to Multinational Corporations, to transnational NGOs, to domestic social structures & Faith-based organisations – all unified by their capacity to affect human rights • Yet, appreciation of differences in their role & responsibility, and their function • Point of Departure: Need for actors clearly deriving authority from states (UN, World Bank) to accede to contemporary ATI norms and practices • Difficult conceptual, ideological and practical concerns extending principles to civil society and for-profit organizations

  4. Recommendations and action points Recommendations: • Declaration of the Application of the Right to Access to Information to three sets of non-state actors and multilateral bodies: • Intergovernmental Organizations, including International Financial Institutions • Non-state actors that perform a public function and/or receive public funds and/or exploit natural public resources • Large Corporations in respect of information required for the protection or exercise of a fundamental human right.

  5. Recommendations and action points Action Points: • Intergovernmental Organizations, including IFIs, should comply with international norms and standards • Call for effective implementation & resourcing of disclosure policies • Welcome World Bank review & urge open, consultative process • MNCs and large domestic businesses should voluntarily and proactively disclose information in the public interest • National law should adopt disclosure requirements for the funding of lobbying of political processes, including funding of political parties.

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