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Centre for Law and Democracy

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Canadian non-profit organisation
Centre for Law and Democracy
NicknameCLD
Formation2010
FounderToby Mendel, Executive Director
TypeNot-for-profit organization
HeadquartersHalifax, Nova Scotia
Websitewww.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.

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.

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) and freedom of expression in armed conflicts (2022), and a 2021 submission to the UN Office of the High Commissioner for Human Rights considered the right to information.

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.

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).

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 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.

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. 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.

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. CLD has offered technical support to the development of these networks, including through providing model training materials on freedom of expression.

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.

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. 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. 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.

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, 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.

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. 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.

External links

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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