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Main considerations or areas of discussion

This working group explores the necessary structural elements and cultural factors that contribute to a successful transparency regime. It discusses the role of institutional capacity, judicial independence, cultural factors, and technological advances in promoting or impairing transparency. Recommendations include treating the right to information as a fundamental human right, recognizing and strengthening cultural transparency imperatives, and ensuring accessibility to all citizens.

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Main considerations or areas of discussion

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  1. Working Group TwoStructural and Cultural Context: creating an environment for transparencyThis group examined the necessary structural environment for a transparency regime, such as institutional capacity and judicial independence. Additionally, it discussed how cultural factors affect the right to information; and the role of technological advances in promoting or impairing transparency.

  2. Main considerations or areas of discussion Cultural and Structural Factors Affecting a Transparency Regime • Transparency regimes do best when people feel a sense of empowerment (Demand based versus supply based transparency) • A culture of negotiated settlement over violence • Diversity (conflict?) of ideologies and interests • Levels of freedom and democracy (grassroots vs. government democracy) • Transparency regimes are affected by the primacy of other laws • Security and economic concerns • Determining the scope (NGOs & private parties) • Role of international community in affecting country-level efforts

  3. Consensus on the crux of the issue Structural Necessities for an effective transparency regime: • Independent appellate mechanism • Incentives and penalties • Provision for proactive disclosure’ • Independent judiciary • A public that is informed, motivated, and with the capacity the use the act • Transparency-sensitive information providers with requisite facilities • Effective record creation and maintenance systems • Effective feedback mechanisms • An independent, investigative media

  4. Recommendations and action points • The right to information must be treated as a fundamental human right with an obligation on the state to ensure that it is exercised equitably. • Being a fundamental human right, it must be accessible to all citizens of the world, irrespective of the political system in which they live. • Various types of transparency imperatives are inherent in cultures across the world---these need to be recognized, strengthened, and supported.

  5. Recommendations and action points cont’d. • Utilizing the potential of new technologies without adversely affecting those without access to it. • All private parties which receive substantial government funds should be covered by the RTI Act. • All persons can access any information the government can access from private organizations.

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