The Green Climate Fund (GCF) draft Information Disclosure Policy contains a “vastly overbroad regime of exceptions,” according to an analysis by the Centre for Law and Democracy (CLD) endorsed by a number of other nongovernmental organizations.

Toby Mendel, Executive Director of CLD, said the exemptions cover “a broad range of internal documents” and grant third parties a veto over the disclosure of information.

The draft policy includes more detailed rules on lodging and processing requests for information and creates an appeals body to process complaints. However, serious weaknesses remain, including the following:

• It fails to establish minimum rules regarding the proactive publication of information.
• The time limits for processing requests are too long and the rules on fees are unclear.
• The rules for disclosing information in the public interest apply only in ‘exceptional’ cases and there is a negative public interest override.
• There are several unnecessary or unduly broad exceptions, as well as exceptions which are not based on the idea of protecting interests against harm.
• The oversight body – the Information Appeals Panel – is dominated by officials rather than being independent, and is not required to provide reasons for its decisions.

The policy proposed in August for purposes of public consultation will replace the GCF’s Interim Information Disclosure Practice, adopted in October 2013.

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Filed under: IFTI Watch