A/HRC/45/28 own standards when investing, there is reportedly no information pertaining to compliance with such standards.15 25. More generally, an enabling environment at the local level where international financial institutions decide to invest is critical. Free and unhindered exercise of the rights to freedom of opinion and expression, freedom of peaceful assembly and freedom of association, as guaranteed under international human rights law, is the bedrock of meaningful public participation in decision-making processes. However, assessment of the enabling environment for such participation at the project and country levels is often not covered as part of due diligence under international financial institutions’ existing safeguards prior to making an investment decision, which is of serious concern to the Independent Expert.16 He echoes the recommendation made by OHCHR and civil society actors that due diligence should cover the enabling environment for the participation of stakeholders, in law, policies and practice, and more generally the human rights situation, taking into consideration the space for dialogue and the power dynamics at the project and country levels.17 This should be done not only at the beginning, but throughout the project. 26. The Independent Expert supports the emerging practice led by some international civil society organizations to empower communities affected by a project to conduct their own due diligence on the impact of the project, as they are best placed to inform such a process. Evidently, the enabling environment for community-led human rights due diligence should be secure. If it is not, as with any assessment, the international financial institutions should question the appropriateness of their investment in that country. 18 2. Transparency 27. Early and timely access to information for stakeholders affected by development projects is of paramount importance so that they can meaningfully engage in the development process at stake. Several international financial institutions have put in place disclosure policies pertaining to access to information for the projects that they fund. These policies cover the proactive sharing of information, as well as reactive responses to requests for information. The right to access to information, as guaranteed under international human rights law, is explicitly recognized by some international financial institutions, such as ADB. 19 The Independent Expert regrets that it is not currently the case with other institutions, such as EBRD or IDB. The recognition of this right is key in framing the balance between commercial interests and the rights of communities potentially affected by projects supported by international financial institutions. 20 OHCHR and several civil society organizations have produced thorough commentaries on the disclosure policies of international financial institutions, including AfDB, the European Investment Bank, EBRD and IDB.21 15 16 17 18 19 20 21 Ibid. OHCHR, “Benchmarking study”, draft study report, p. 15. Ibid., p. 17; and the joint statement by more than 150 civil society organizations entitled “Responsibility of international financial institutions to ensure meaningful and effective participation and accountability within their investments, and to foster an enabling environment for freedoms of expression, assembly, and association” (11 July 2016), as provided by the Coalition for Human Rights in Development. Submission received from the Coalition for Human Rights in Development. OHCHR, “Benchmarking study”, draft study report, p. 48. OHCHR, “Benchmarking study”, draft study report, p. 48. Submission received from Stichting Both Ends on the AfDB disclosure policy; submission received from Counter Balance on the European Investment Bank’s Environmental and Social Principles and Standards; Ishita Petkar, “Will the EBRD make a better offer on public information disclosure and engagement?”, CEE Bankwatch Network, 28 March 2019; OHCHR, “Recommendations for EBRD access to information policy“, 6 March 2019; and joint statement by the International Accountability Project, Bank Information Center, Fundeps and Accountability Counsel entitled “Comments and recommendations on the Inter-American Development Bank’s update to the access to information policy profile”, 24 December 2019. 7