Centre for Law and Democracy

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Centre for Law and Democracy
NicknameCLD
Formation2010
FounderToby Mendel, Executive Director
TypeNot-for-profit organization
HeadquartersHalifax, Nova Scotia
Website www.law-democracy.org

The Centre for Law and Democracy (CLD) is a non-profit organisation based in Halifax, Nova Scotia, Canada. The CLD works worldwide to promote, protect, and develop those human rights that underpin democracy, including the right to information (RTI), freedom of expression, freedom of the press, freedom of association, and freedom of assembly. The CLD regularly drafts and consults on legislation, conducts field research, publishes assessments and guidelines, assists with litigation, and provides training. [1]

Contents

The CLD is a not-for-profit organization funded primarily by governments and international institutions. The bulk of the CLD's work is done in collaboration with one or more local organizations and peer global institutions. Past collaborators include Columbia Global Freedom of Expression, the International Federation of Journalists, UNESCO, International Media Support, Eurasian Digital Media Foundation, the Judicial Institute of Jordan, Red de Transparencia, Espacios Abiertos, Transparency International, Transparency Maroc, The Institute for Research, Advocacy, and Development, the Palestinian Center for Development and Media Freedoms, the Maharat Foundation, Deutsche Gesellschaft für Internationale Zusammenarbeit, the FOJO Media Institute, Media Defence, the Myanmar Media Lawyers Network, the Arabic Network for Human Rights Information, the Centre for Internet and Society, the Centro de Estudios en Libertad de Expresión y Acceso a la Información, OpenNet Korea, the Canadian Internet Policy & Public Interest Clinic, the Nepal International Media Partnership. [2]

An example of CLD projects is its ongoing work in Myanmar. Prior to 2021, the CLD supported the country's democratic transition, including by fostering the development of a robust and independent media sector and drafting new laws governing broadcasting, digital speech and the press. When the military Junta conducted a coup in January 2021, the CLD pivoted, analyzing executive orders crushing media independence, access to information, freedom of expression and human rights more broadly.

The CLD regularly makes submissions to the United Nations, including to the UN Special Rapporteur on Freedom of Expression and the UN Office of the High Commissioner for Human Rights, on contemporary global issues. These submissions are substantive documents, drawing on the CLD's past and ongoing work. Past examples of submissions to the UN Special Rapporteur on Freedom of Expression consider disinformation (2020) [3] and freedom of expression in armed conflicts (2022), [4] and a 2021 submission to the UN Office of the High Commissioner for Human Rights considered the right to information. [5]

Examples of CLD's Projects

Assessing the Right to Information

CLD is best known for publishing the Global Right to Information Rating, a comparative analysis of right to information laws around the world, which it developed in collaboration with Access Info Europe, along with a network of global transparency experts. The rating provides a reliable tool for advocates, critics, legislators and journalists to measure their country's right to information laws against their neighbours, and against international standards. Its rankings have been cited widely in international media. [6] [7] [8] [9] [10] [11] [12] [13]

The RTI Rating assesses legislation based on 61 indicators of a strong right to information law, and is divided into seven categories: Right of Access, Scope, Requesting Procedures, Exceptions and Refusals, Appeals, Sanctions and Protection and Promotional Measures.

CLD has also developed a separate methodology for assessing the implementation and performance of the right to information in practice (the Right to Information Implementation Assessment: Comprehensive Methodology). [14]

Trainings on International Human Rights Law

One CLD area of focus is the provision of trainings on international standards on freedom of expression and the right to information. Examples include the development, in partnership with UNESCO, of the Massive Open Online Course (MOOC) on Access to Information Laws and Policies and their Implementation, an online course launched in 2022 [15] and the Training Manual for Judges on International Standards on Freedom of Opinion and Expression, a guide to international standards on freedom of expression published in 2022 in collaboration with International Media Support, UNESCO and the Judicial Institute of Jordan. [16]

Litigation

CLD reports that it has been involved in litigation in different capacities, including as an amicus curiae before Constitutional Court of Colombia in a case concerning net neutrality and as the representative of a petitioner in a complaint to the UN Human Rights Committee concerning the German state of Bavaria's absence of a right to information law. [17] CLD's Executive Director, Toby Mendel, has also appeared as an expert witness on international standards relating to defamation before the Inter-American Court of Human Rights in the case of Palacio Urrutia and Others v. Ecuador. [18]

Media Lawyers' Networks

CLD, supported by the Global Media Defence Fund managed by UNESCO, has supported the development of networks of media lawyers in various countries with a goal of bringing together legal professionals with an interest in protecting media freedom and freedom of expression and fostering professional development and collaboration. [19] CLD has offered technical support to the development of these networks, including through providing model training materials on freedom of expression. [20]

Myanmar's Democratic Transition

CLD was prominently engaged in supporting Myanmar's democratic transition, including by helping to found the Myanmar Media Lawyers' Network, and through direct engagement with the government, political parties and civil society to promote understanding of human rights. In 2015, CLD, alongside David Kaye, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and Myanmar's Information Minister U Ye Htut, appeared at the International Press Institute's 2015 World Congress and General Assembly to advise on the importance of expanding free expression rights in the country. [21]

Newfoundland and Labrador's Legislative Reform

CLD has been prominently involved in processes to improve right to information recommendations on improving Newfoundland and Labrador's right to information legislation. This began in 2012 with the controversial adoption of Bill 29, an act which substantially weakened transparency in the province. [22] [23] CLD was highly critical of the moves, which led then-Attorney General Felix Collins to refer to them as a "cheap, amateurish" "two-bit outfit" on the floor of the House of Assembly. In response, CLD noted that they had worked in many difficult environments, including Kazakhstan, Myanmar and Somalia, but that this was the first time their integrity and professionalism had been attacked by a political leader. [24] Two years later, the government of Newfoundland and Labrador backed down from the Bill 29 changes and initiated a review process, in which CLD was a prominent participant, and which resulted in strong improvements to the provincial right to information legislation. [25]

Human Rights in Indonesia

CLD has been actively involved in advocating for the strengthening of right to information laws in Indonesia. CLD's work here has included intervening as an amicus curiae at the Indonesian Constitutional Court, [26] and publishing a report detailing barriers to implementation of Indonesia's access to information legislation cited by the University College of London's Constitution Unit. [27]

CLD also participated in an International Partnership Mission to Indonesia with the aim of protecting media institutions by strengthening press freedoms and freedom of expression legislation. [28] Following consultations with high-level government stakeholders, civil society, and the media, the mission ultimately identified several important areas for improvement including impunity for violent acts committed against journalists, monopolist ownership of media outlets, harsh criminal sanctions for certain types of online speech, and restrictions on physical access to certain sensitive regions of the country. [29]

Related Research Articles

Freedom of information laws allow access by the general public to data held by national governments and, where applicable, by state and local governments. The emergence of freedom of information legislation was a response to increasing dissatisfaction with the secrecy surrounding government policy development and decision making. In recent years Access to Information Act has also been used. They establish a "right-to-know" legal process by which requests may be made for government-held information, to be received freely or at minimal cost, barring standard exceptions. Also variously referred to as open records, or sunshine laws, governments are typically bound by a duty to publish and promote openness. In many countries there are constitutional guarantees for the right of access to information, but these are usually unused if specific support legislation does not exist. Additionally, the United Nations Sustainable Development Goal 16 has a target to ensure public access to information and the protection of fundamental freedoms as a means to ensure accountable, inclusive and just institutions.

Artistic freedom can be defined as "the freedom to imagine, create and distribute diverse cultural expressions free of governmental censorship, political interference or the pressures of non-state actors." Generally, artistic freedom describes the extent of independence artists obtain to create art freely. Moreover, artistic freedom concerns "the rights of citizens to access artistic expressions and take part in cultural life—and thus [represents] one of the key issues for democracy." The extent of freedom indispensable to create art freely differs regarding the existence or nonexistence of national instruments established to protect, to promote, to control or to censor artists and their creative expressions. This is why universal, regional and national legal provisions have been installed to guarantee the right to freedom of expression in general and of artistic expression in particular. In 2013, Ms Farida Shaheed, United Nations special rapporteur to the Human Rights Council, presented her "Report in the field of cultural rights: The right to freedom of expression and creativity" providing a comprehensive study of the status quo of, and specifically the limitations and challenges to, artistic freedom worldwide. In this study, artistic freedom "was put forward as a basic human right that went beyond the 'right to create' or the 'right to participate in cultural life'." It stresses the range of fundamental freedoms indispensable for artistic expression and creativity, e.g. the freedoms of movement and association. "The State of Artistic Freedom" is an integral report published by arts censorship monitor Freemuse on an annual basis.

<span class="mw-page-title-main">Reporters Without Borders</span> International organisation for freedom of the press

Reporters Without Borders is an international non-profit and non-governmental organization headquartered in Paris, which focuses on safeguarding the right to freedom of information. It describes its advocacy as founded on the belief that everyone requires access to the news and information, in line with Article 19 of the Universal Declaration of Human Rights that recognises the right to receive and share information regardless of frontiers, along with other international rights charters. RSF has consultative status at the United Nations, UNESCO, the Council of Europe, and the International Organisation of the Francophonie.

<span class="mw-page-title-main">Freedom of information</span> Freedom of a person or people to publish and consume information

Freedom of information is freedom of a person or people to publish and have access to information. Access to information is the ability for an individual to seek, receive and impart information effectively. As articulated by UNESCO, it encompasses

"scientific, indigenous, and traditional knowledge; freedom of information, building of open knowledge resources, including open Internet and open standards, and open access and availability of data; preservation of digital heritage; respect for cultural and linguistic diversity, such as fostering access to local content in accessible languages; quality education for all, including lifelong and e-learning; diffusion of new media and information literacy and skills, and social inclusion online, including addressing inequalities based on skills, education, gender, age, race, ethnicity, and accessibility by those with disabilities; and the development of connectivity and affordable ICTs, including mobile, the Internet, and broadband infrastructures".

<span class="mw-page-title-main">Right to food</span> Human right

The right to food, and its variations, is a human right protecting the right of people to feed themselves in dignity, implying that sufficient food is available, that people have the means to access it, and that it adequately meets the individual's dietary needs. The right to food protects the right of all human beings to be free from hunger, food insecurity, and malnutrition. The right to food implies that governments only have an obligation to hand out enough free food to starving recipients to ensure subsistence, it does not imply a universal right to be fed. Also, if people are deprived of access to food for reasons beyond their control, for example, because they are in detention, in times of war or after natural disasters, the right requires the government to provide food directly.

Source protection, sometimes also referred to as source confidentiality or in the U.S. as the reporter's privilege, is a right accorded to journalists under the laws of many countries, as well as under international law. It prohibits authorities, including the courts, from compelling a journalist to reveal the identity of an anonymous source for a story. The right is based on a recognition that without a strong guarantee of anonymity, many would be deterred from coming forward and sharing information of public interests with journalists.

<span class="mw-page-title-main">International Programme for the Development of Communication</span>

The International Programme for the Development of Communication is a United Nations Educational, Scientific and Cultural Organization (UNESCO) programme aimed at strengthening the development of mass media in developing countries.

The right to Internet access, also known as the right to broadband or freedom to connect, is the view that all people must be able to access the Internet in order to exercise and enjoy their rights to freedom of expression and opinion and other fundamental human rights, that states have a responsibility to ensure that Internet access is broadly available, and that states may not unreasonably restrict an individual's access to the Internet.

<span class="mw-page-title-main">Frank William La Rue</span> Guatemalan lawyer and civil liberties advocate

Frank La Rue is a Guatemalan labor and human rights law expert and served as UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, from August 2008 to August 2014. Along with American human rights attorneys Anna Gallagher and Wallie Mason, Mr. La Rue is the founder of the Center for Legal Action for Human Rights (CALDH) and has been involved in the promotion of human rights for over 25 years. He was nominated for the 2004 Nobel Peace Prize by Mairead Corrigan, Northern Irish peace activist and 1976 laureate. Mr La Rue was previously the executive director of Robert F. Kennedy Human Rights Europe. He has also served as Assistant Director-General for Communication and Information at UNESCO.

<span class="mw-page-title-main">Catalina Botero Marino</span> Colombian attorney (born 1965)

Catalina Botero Marino is a Colombian attorney who served as the Special Rapporteur for Freedom of Expression for the Inter-American Commission on Human Rights (IACHR) from 2008 to 2014. From 2016 to 2020, she was the Dean of the Law School of the University of Los Andes (Colombia). Since 2020 she is one of four co-chairs of Facebook's Oversight Board, a body that adjudicates Facebook's content moderation decisions.

The International Principles on the Application of Human Rights to Communications Surveillance is a document officially launched at the UN Human Rights Council in Geneva in September 2013 by the Electronic Frontier Foundation which attempts to "clarify how international human rights law applies in the current digital environment". Communications surveillance conflicts with a number of international human rights, mainly that of privacy. As a result, communications surveillance may only occur when prescribed by law necessary to achieve legitimate aim, and proportionate to the aim used.

<span class="mw-page-title-main">David Kaye (academic)</span> Law professor

David Kaye is an American politician who served as the United Nations special rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression between August 2014 and July 2020. He was succeeded by Irene Khan. Kaye is clinical professor of law at the University of California, Irvine on public international law, international humanitarian law human rights and international criminal justice. He is co-director of the UCI Fair Elections and Free Speech Center working at the intersection of technology, freedom of speech and democratic deliberation. He is also the independent board chair of the Global Network Initiative.

<span class="mw-page-title-main">Media freedom in the European Union</span>

Media freedom in the European Union is a fundamental right that applies to all member states of the European Union and its citizens, as defined in the EU Charter of Fundamental Rights as well as the European Convention on Human Rights. Within the EU enlargement process, guaranteeing media freedom is named a "key indicator of a country's readiness to become part of the EU".

<span class="mw-page-title-main">Access to public information in Europe</span> Public access to information maintained by government agencies in Europe

Access to public information and freedom of information (FOI) refer to the right to access information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people's participation and allowing their informed participation into public life. The fundamental premise of the right to access public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law. Access to public information builds on the principle that in a democratic system people should be in the condition of accessing a wide range of information in order to effectively participate in public life as well as on matters affecting them.

Access to public information and freedom of information (FOI) refer to the right of access to information held by public bodies also known as "right to know". Access to public information is considered of fundamental importance for the effective functioning of democratic systems, as it enhances governments' and public officials' accountability, boosting people participation and allowing their informed participation into public life. The fundamental premise of the right of access to public information is that the information held by governmental institutions is in principle public and may be concealed only on the basis of legitimate reasons which should be detailed in the law.

Human rightsandencryption are often viewed as interlinked. Encryption can be a technology that helps implement basic human rights. In the digital age, the freedom of speech has become more controversial; however, from a human rights perspective, there is a growing awareness that encryption is essential for a free, open, and trustworthy Internet.

Internet universality is a concept and framework adopted by UNESCO in 2015 to summarize their position on the internet. The concept recognizes that "the Internet is much more than infrastructure and applications; it is a network of economic and social interactions and relationships, which has the potential to enable human rights, empower individuals and communities, and facilitate sustainable development." The concept is based on four principles agreed upon by UNESCO member states: human rights, openness, accessibility, and multi-stakeholder participation, abbreviated as the R-O-A-M principles.

<span class="mw-page-title-main">Safety of journalists</span> Overview article

Safety of journalists is the ability journalists and media professionals to receive, produce and share information without facing physical or moral threats.

The Twentieth Anniversary Joint Declaration: Challenges to Freedom of Expression in the next decade was published in 2019 by representatives of intergovernmental bodies to protect free media and expression. Jointly and annually, the United Nations (UN), the Organization for Security and Co-operation in Europe (OSCE), the Organization of American States (OAS) and the African Commission on Human and Peoples' Rights (ACHPR) publish the results of their discussions about a topic. During these discussions, each organization is a representative of a specific human right.

References

  1. ↑ "What we Do". Centre for Law and Democracy. 2015.
  2. ↑ "Media". Centre for Law and Democracy. 2012-08-07. Retrieved 2022-10-28.
  3. ↑ "Submission on an Annual Thematic Report on Disinformation" (PDF). Centre for Law and Democracy.
  4. ↑ "Submission to the UN Special Rapporteur on Freedom of Expression on Challenges to Freedom of Expression in Times of Armed Conflict" (PDF). Centre for Law and Democracy.
  5. ↑ "Submission on Normative Frameworks for the Right to Information" (PDF). Centre for Law and Democracy.
  6. ↑ "Paraguay is 100th nation to pass FOI law, but struggle for openness goes on". The Guardian. 19 September 2014.
  7. ↑ Cuillier, David (16 March 2015). "Sunshine Week Shines Light on Lack of Freedom: Column". USA Today.
  8. ↑ Hedgecoe, Guy. "Spain sets up transparency website to help curb corruption". Irish Times.
  9. ↑ Woods, Michael (29 September 2011). "Canada mediocre in access to information rankings". Toronto Star.
  10. ↑ Hedgecoe, Guy. "Spain sets up transparency website to help curb corruption". The Irish Times. Retrieved 2019-07-30.
  11. ↑ "Access watchdog wants power to order release of documents". CBC News. 6 July 2013.
  12. ↑ Dey, Anindo (12 October 2013). "India second among 95 countries in RTI ratings". The Times of India.
  13. ↑ Chiusi, Fabio (30 April 2014). "A che punto è il diritto di accesso all'informazione in Italia". Wired.it.
  14. ↑ "RTI: Evaluation" . Retrieved October 24, 2022.
  15. ↑ "UNESCO Massive Open Online Course: Access to Information Laws and Policies and their Implementation". UNESCO Massive Open Online Course: Access to Information Laws and Policies and their Implementation. Retrieved 2022-10-24.
  16. ↑ "A Toolkit for Judges on Freedom of Expression | UNESCO". www.unesco.org. Retrieved 2022-10-24.
  17. ↑ "Litigation". Centre for Law and Democracy. 2012-08-07. Retrieved 2022-10-25.
  18. ↑ "Inter-American Court of Human Rights, Palacio Urrutia v. Ecuador, Judgment of 24 November 2021, para. 11" (PDF). Retrieved 25 October 2022.
  19. ↑ "International solidarity from Canada to support networks of media lawyers in the Global South | UNESCO". www.unesco.org. Retrieved 2022-10-25.
  20. ↑ "Model Training Materials: Introduction to Freedom of Expression". UNESCO. Retrieved 2022-10-25.
  21. ↑ "Free Expression Watchdog Shares Thoughts on Myanmar". Mizzima. 20 February 2015.
  22. ↑ "Newfoundland: Amendments Would Significantly Weaken Openness". Centre for Law and Democracy. 10 June 2012.
  23. ↑ admin (2012-06-10). "Newfoundland: Amendments Would Significantly Weaken Openness". Centre for Law and Democracy. Retrieved 2019-06-04.
  24. ↑ "Re: Minister Collins' Comments about the Centre for Law and Democracy" (PDF).
  25. ↑ "New access to information changes to make N.L. a world leader: advocate". CBC News. 27 April 2015.
  26. ↑ "WRITTEN COMMENTS SUBMITTED BY THE CENTRE FOR LAW AND DEMOCRACY" (PDF). January 2015.
  27. ↑ "Indonesia: International Focus". UCL Constitutional Unit: School of Public Policy. 1 May 2012.
  28. ↑ Erviani, Ni Komang (19 December 2014). "Press freedom remains under threat". The Jakarta Post.
  29. ↑ "International Partnership Mission to India". TIFA Mempromosikan Masyarakat Terbuka. 2013. Archived from the original on 2015-05-18. Retrieved 2015-05-11.
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