A/HRC/39/47 C. Corruption and open government 22. The Independent Expert is alive to the adverse effects of corruption on the realization of a democratic and equitable international order and appreciates the substantial work carried out in this area. The adoption of Guiding Principles on Business and Human Rights: Implementing the United Nations “Protect, Respect and Remedy” Framework, which aim to prevent adverse human rights impacts of corporate activity, represents significant progress in this respect. However, as the previous mandate holder has observed (see A/HRC/37/63, paras. 59−62), the lack of an enforcement mechanism undermines the Principles’ effectiveness. There is a compelling need to adopt a legally binding convention on corporate social responsibility, and to impose civil and penal liability on transnational corporations, as a way of protecting rights holders from violations enabled by corrupt Governments, investors and speculators. Beyond treaty making, the mandate holder would like to engage States and other stakeholders on good practices that demonstrate effective private-public partnership, the enforcement of labour rights and environmental protection, as well as businesses’ commitment to non-discrimination and other rights-respecting practices. 23. The rights to freedom of opinion and expression (article 19 of the Universal Declaration of Human Rights and article 19 of the International Covenant on Civil and Political Rights), as well as those of peaceful assembly and association (article 20 of the Universal Declaration and articles 21 and 22 of the Covenant), are a cornerstone of the realization of a democratic and equitable international order. Without an enabling environment, citizens cannot freely participate and demand accountable and responsive governance. Under the principle of “open government”, countries pledge to protect civil society organizations as a means of becoming more transparent, more accountable and more responsive to their own citizens. 9 Open government requires openness to civic participation and engagement in policymaking and governance, including through the protection of civil liberties. Under the concept of open government, States should promote freedom of association by taking measures to remove barriers to registration and access to international resources, tax benefits and individual and corporate donations, as well as promote civil society organization-government reform (see A/68/299, para. 43). 24. Recognizing the dangers faced by anti-corruption campaigners as well as other human rights defenders working in the field of good governance, it would also be important to analyse the connection between repression of civic activity and increased inequity. In this regard, the Independent Expert is interested in gathering information about citizen monitoring and the space given to civil society to participate and contribute to the work of national and international anti-corruption bodies. 25. Moreover, the Independent Expert envisions further reflections on measures for promoting accountability for corruption. In addition to exploring the role of national and international courts, he plans to dialogue with stakeholders about the international cooperation that exists — and that could be further developed — to tackle the transnational element of corruption, whether through training and the sharing of good practices, in the provision of mutual legal assistance or by cooperation in the area of stolen asset recovery. D. Emergence of global governance forums 26. In an increasingly interconnected world, it is not only within international organizations that decisions are taken on a multilateral basis. As noted by the previous mandate holder (see A/HRC/37/63, para. 9), new global spaces besides the United Nations have emerged where international priorities are set. These intergovernmental, multisectoral and private groupings, such as the Group of Seven (G7), the Group of 20 (G20), the Group of 77 (G77), the World Economic Forum, the Bilderberg Group, the Trilateral Commission, the World Social Forum and the Community of Democracies, play a role in developing the framework and function of the international order. Their meetings and policies invite 9 See the Open Government Declaration adopted by the Open Government Partnership in 2011. 7

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