Access to information & participation: Proposal for the Treaty Initiative ESCR-Net/FIDH

Where corporate activity could impact or has impacted on the enjoyment of human rights, those involved must have enough information to be able to understand and discuss the situation fully, in order to make informed decisions on what action to take to prevent and address human rights violations. Currently, there is a serious lack of information available to local communities and the general public about corporate decisions and practices. In particular, access to relevant, sufficient, quality information necessary for meaningful participation is lacking at each stage of corporate activity: (1) prior to corporate activity, (2) during corporate activity, and (3) when seeking accountability if human rights abuse occurs. The failure to gather and/or disclose necessary information can affect many other rights such as the right to a remedy. The proposed treaty offers the opportunity to outline the State obligation to provide/strengthen (independent access to) key information and therefore reduce the information gaps.