29 March 2019,

The Centre for Law and Democracy (CLD) (Canada), Transparency Maroc (TM), Palestinian Center for Development and Media Freedoms (MADA) and Maharat Foundation (Lebanon) launched the Charter for Improving Civil Society Engagement with the League of Arab States today, ahead of the 31 March 2019 Arab League Summit being held in Tunis. The Charter sets out minimum standards for what the League of Arab States (LAS) needs to do to improve its engagement practices with civil society and other stakeholders.

In September 2018, the four organisations published a report on Improving Civil Society Engagement at the League of Arab States which highlights how far behind other inter-governmental organisations (IGOs) – including regional bodies like the Council of Europe and Organization of American States – the LAS is in terms of engaging with civil society. The Charter, which was finalised after several rounds of consultation and discussion, sets out standards and processes for improving LAS engagement, organised under three main headings.

As a first step, the Charter calls on the LAS to “conduct an open and inclusive process of consultation with civil society with a view to putting in place a new framework for engagement”, providing some minimum conditions for this, including that the process should be transparent, collaborative and genuine in the sense that the LAS commits to real change at the outset. Second, the Charter calls on the LAS to “adopt a dedicated information disclosure policy”, in line with international standards, leading to a substantial improvement in the disclosure of information by the League. Finally, the Charter calls on the LAS to put in place a number of short-term measures to improve engagement, given that the deeper reform process is likely to take some time. These include transforming the current system of accrediting “observers” into one which allows civil society to be given consultative status (i.e. with the right to speak as well as observe) and putting in place other engagement systems, including ad hoc accreditation to attend meetings.

The Charter is available in English and Arabic at: [in English here] and [in Arabic here].

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

Roula Mikhael
Executive Director
Maharat Foundation
Email: roula.mikhael@maharatfoundation.org
+961 3 612 413
http://www.maharatfoundation.org

Mousa Rimwa
General Director
Palestinian Center for Development and Media Freedoms (MADA)
Email: m.rimawi@madacenter.org
+970 22976519
http://www.madacenter.org

Fouad Zirari
Staff Coordinator
Transparency Maroc
Email: fouadzirari@gmail.com
+212 06 61 09 61 68
http://transparencymaroc.ma/TM/

28 March 2019,

The Centre for Law and Democracy has collaborated with Columbia Global Freedom of Expression and nine other universities and civil society organisations from around the world to launch a new teaching portal Freedom of Expression Without Frontiers. The goal of the portal is to promote the adoption of a global approach to the teaching of free speech. The project grew out of meetings at Columbia University which concluded that the teaching of free speech, media law and communications remains heavily centred on one country and one discipline and, as such, is badly out of alignment with global needs.

“As an organisation that does a lot of training of freedom of expression and the right to information, is a pleasure for CLD to collaborate on this project,” said Toby Mendel, Executive Director, CLD. “We believe that bringing together high quality and more internationally focused training materials, under the auspices of such renowned founding partners, will bring a lot of benefits.”

Freedom of Expression Without Frontiers offers close to 300 academic and training resources on the laws, institutions and actors that have founded a global system of freedom of expression, information and media. Its target audiences include educators, whether academic or civil society based, who wish to design and offer courses and trainings on this global information ecosystem, and students, journalists, legal practitioners who wish to engage and understand free speech issues from a global standpoint.

The Portal includes pedagogical resources designed by professors and trainers from different parts of the world and across different disciplines. The website is organised around nine teaching modules, each of which covers a variety of themes within its subject area. For example, the module on Journalism offers resources exploring how international and regional law and bodies have defined the practice of journalism – from the rejection of licensing, to the protection of journalistic sources and the importance of self-regulation – and debating the professional and ethical standards that ought to be demanded of citizen journalists and bloggers. Resources can be segmented further according to their fields and medium, such as required readings, international standards, jurisprudence, academic articles, Massive Online Open Courses (MOOC) and other multimedia resources.

In addition to CLD and Columbia Global Freedom of Expression, the founding partners include:

• Article 19 (London, UK)
• Berkman Klein Center for Internet & Society, Harvard University (Cambridge, US)
• Centre for Communication Governance, National Law University (Delhi, India)
• Dart Center for Journalism and Trauma, Columbia University Graduate School of Journalism (New York, US)
• Institute for Information Law (IViR), Amsterdam Law School, University of Amsterdam (Amsterdam, the Netherlands)
• Journalism and Media Studies Centre, The University of Hong Kong (Hong Kong)
• Medill School of Journalism, Media, Integrated Marketing Communications, Northwestern University (Evanston, US)
• Pritzker School of Law, Northwestern University (Chicago, US)
• School of Law, University of Los Andes (Bogotá, Colombia)

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431 3688
www.law-democracy.org
twitter: @law_democracy

28 March 2019,

An Analysis of the Bermudian Public Access to Information (PATI) Act by the Centre for Law and Democracy shows that it scores 97 out of a possible total of 150 points on the RTI Rating, which would put it in 45th place out of the 123 countries around the world whose laws are currently assessed on the Rating. The Analysis, which was requested by the local Office of the Information Commissioner, makes a number of recommendations to improve the Act, which was adopted in 2010 but did not come into force until 2015.

“The Bermudian Act has some positive features, including an independent oversight body and a strong set of promotional measures,” said Toby Mendel, Executive Director, CLD. “But it also has a lot of weaknesses, including several for which we believe that experience with implementing the law has already shown to be unnecessary.”

According to CLD’s sources, the government may be considering a review of the Act, although no formal announcement to this effect has been made. We believe that this would be a perfect time for such a review, given that Bermuda now has four years’ experience of implementing the Act. Our Analysis uncovered a number of areas where tests or approaches clearly need to be improved, some duplication and some unfortunately vague language, as well as a number of areas where the Act simply fails to respect international standards.

CLD urges the government to move ahead with a comprehensive review of the Act. If this does happen, we will be happy to engage in the review process.

The CLD Analysis is available at: Bermuda: Analysis of the Public Access to Information Act 2010.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431 3688
www.law-democracy.org
twitter: @law_democracy

7 March 2019,

The Centre for Law and Democracy (CLD) is partnering with UNESCO to carry out a preliminary data collection exercise on implementation of right to information (RTI) laws as part of UNESCO’s role as “custodian agency” for Sustainable Development Goal (SDG) Indicator 16.10.2.

SDG 16 sets targets related to peace, justice and “effective, accountable and inclusive institutions”. One indicator of global progress towards this goal is SDG Indicator 16.10.2: “Number of countries that adopt and implement constitutional, statutory and/or policy guarantees for public access to information”. The RTI Rating already provides us with reliable information about the adoption of RTI laws, but this Indicator assesses whether States have gone beyond this and ensured proper implementation of those laws. This is complex and involves an assessment of factors such as the oversight system for RTI as well as measures taken by public authorities to disclose information proactively, to appoint and train information officers and to develop appropriate procedures to ensure that requests are processed properly.

UNESCO, as the custodian agency for Indicator 16.10.2, has developed a Template consisting of two surveys to assess progress on this Indicator. The first survey is designed to be completed by RTI oversight bodies while the second is for individual public authorities. The goal of the Template is to gather information on measures taken so far to implement RTI, and to identify gaps and remaining challenges.

CLD is assisting UNESCO in collecting data via this Template in 43 countries which have agreed to submit Voluntary National Reviews this year of their progress towards meeting the SDGs. These are:

Algeria, Azerbaijan, Bosnia and Herzegovina, Brazil, Burkina Faso, Cambodia, Cameroon, Central African Republic, Chad, Chile, Congo  (Republic of the), Côte  d’Ivoire,  Croatia, El  Salvador,  Eritrea,  Eswatini  (Swaziland),  Fiji,  Ghana, Guatemala, Guyana,  Indonesia,  Iraq, Kazakhstan, Kenya, Lesotho, Mauritania, Mauritius, Mongolia, Nauru, Pakistan, Palau, Philippines, Rwanda, Saint Lucia, Serbia, Sierra Leone, South Africa, Timor-Leste, Tonga, Tunisia, Turkey, Turkmenistan and United Republic of Tanzania.

If you are a government official or civil society representative working in one of these countries and believe you can contribute to this data collection exercise, please contact Toby Mendel at toby@law-democracy.org.

20 February 2019,

The Methodology for Assessing Right to Information Implementation in Pakistan was launched today at a workshop in Islamabad. The methodology is a sophisticated tool for assessing the quality of implementation of right to information (RTI) laws. The Centre for Law and Democracy (CLD) has been working over a period of about one and one-half years, in close collaboration with the Information Commissions of Khyber Pakhtunkhwa and Punjab provinces in Pakistan as well as other local stakeholders, to develop this methodology.

“This is the first comprehensive tool that has ever been developed for assessing how well right to information laws are being implemented,” said Toby Mendel, Executive Director, CLD.“We are really pleased to have been able to work on this with the Information Commissions and other stakeholders in Pakistan and we now plan to roll this out globally.”

Sustainable Development Goal (SDG) Indicator 16.10.2 looks at whether States have adopted and implemented RTI legislation. The RTI Rating indicates which countries have adopted laws and how strong those laws are. However, assessing how well countries are doing in terms of implementing their laws, the second part of Indicator 16.10.2, is far more complicated and this methodology addresses that issue, filling thereby a gap in the assessment framework. There are current plans to run a pilot assessment using the methodology in Khyber Pakhtunkhwa province of Pakistan.

The Methodology has been developed in the context of Pakistan, but it is easily adaptable to other countries. CLD plans to develop a global version of the methodology soon and then to apply it in other countries. The Methodology has been developed with the technical support of the German Development Cooperation and the Swiss Agency for Development and Cooperation.

The Methodology is available at: Methodology for Assessing Right to Information Implementation in Pakistan.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431 3688
www.law-democracy.org
twitter: @law_democracy

28 January 2019,

The Myanmar Press Council (MPC), established by the 2014 News Media Law, has been discussing amendments to its founding legislation. Over the past week, the Centre for Law and Democracy (CLD), as part of its collaboration with International Media Support (IMS) and FOJO Media Institute, held two roundtable meetings with members and senior staff of the MPC to discuss the changes that are needed to bring this Law into line with international standards, in particular relating to freedom of expression.

“When it was first adopted, the News Media Law represented an important step forward for Myanmar, in particular because it was part of the process of repealing the repressive 1962 Printers and Publishers Registration Law,” said Toby Mendel, Executive, CLD. “Nearly five years later, however, it is time to align it more fully with international human rights guarantees.”

The discussions at the roundtables focused on an analysis that CLD had prepared of the News Media Law and the Printing and Publishing Enterprises Law, which were adopted on the same day in 2014. The analysis called for both enhancing the structural independence of the MPC and positioning it as the main regulatory body for the print media. Some of the other key points in the analysis included the following:

• • The scope of the law should be set out clearly and narrowly and cover only professional news media outlets, while also allowing other entities, in particular online news disseminators, to opt into its provisions.
• • The law should set out stronger positive protections for the rights of media outlets and workers.
• • The vague and broad content restrictions in the current law should be replaced by a system which empowers the MPC to adopt and apply a detailed code of conduct.
• • The law should require anyone with a professional complaint against the media to complain first to the MPC before they may initiate a court case about the matter.
• • The MPC should have fewer members (there are currently 29) and the proportion of media
  representatives should be reduced in favour of more public representatives.

The analysis is available at:

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+95 (0)995 096 0849
www.law-democracy.org
twitter: @law_democracy

15 January 2019,

The Centre for Law and Democracy (CLD), an international human rights organisation based in Halifax, Nova Scotia, is receiving applications for up to four interns for the summer of 2019. The positions will involve a range of substantive legal work in areas such as freedom of expression, media law,digital rights and access to information.

• CLD provides expert legal services on foundational rights for democracy for the support and promotion of these rights around the world. Select recent projects include:
• • • Supporting Myanmar’s democratic transition, including by fostering the development of a robust and independent media sector and the drafting of new laws governing broadcasting, digital speech and access to information.
  • • Working to promote human rights within the League of Arab States, including by enhancing civil society engagement with that body.
  • • Providing technical support to a major project aimed at increasing civil engagement by women and marginalised groups at the local level in Nepal.
  • • Working with a range of actors to support implementation of the access to information laws in Pakistan.
  • • Providing expert input into law reform processes in a range of countries, including Tanzania, Pakistan, Indonesia and Mongolia.
  • • Campaigning against global threats to digital rights, such as mass surveillance, content restrictions, Internet shutdowns and efforts to undermine encryption and digital security.
  • • Providing training and support to journalists, lawyers, judges and activists in multiple countries on media law and human rights issues.
  • • Maintaining a comprehensive rating of access to information laws globally (www.rti-rating.org).

We ask interns to commit to at least three months full-time work in our office in Halifax during the months of May to August. These positions are unpaid and we encourage prospective interns to seek funding from their law schools or other sources. Interns will have the opportunity to be directly involved in advancing the cause of human rights, normally in a range of countries over the summer. For more information on CLD’s work, visit our website at www.law-democracy.org.

Those interested in applying should send a copy of their CV, cover letter and transcripts to Laura Notess at laura@law-democracy.org by 11 February 2019. Final candidates may be asked to provide a writing sample.

Successful candidates will have a strong academic record, excellent research skills, the ability to multi-task, and a demonstrated commitment to international law and human rights. Languages and regional knowledge are assets. Applicants should be current law students or recent graduates; on an exceptional basis we will consider candidates without a law background.

CLD is an equal opportunity employer and will not discriminate against any applicant on the basis of characteristics such as age, disability, gender, national origin, race, religion or sexual orientation.

14 January 2019,

The Government of Pakistan released a document “Proposed Mandate and Scope of the PMRA” late in 2018. This document is a brief white paper regarding the establishment of a new Pakistan Media Regulatory Authority (PMRA) to regulate all types of media in Pakistan. A Note released today by the Centre for Law and Democracy (CLD) and the Institute for Research, Advocacy and Development (IRADA), based in Pakistan, analyses this policy document, highlighting some of the challenges going forward.

“It is very welcome that Pakistan is reviewing its rules and systems for regulating the media, which is very important”, said Toby Mendel, Executive Director of CLD. “However, the current proposals fail to address, and in some ways even exacerbate, some of the most serious problems with the existing regime.”

One of the key problems with the new proposals is that they seek to bring not only broadcasting and the print media under one regulator but also the “digital/social media”. This even extends to the idea of having one code of conduct for all of these media sectors. Another serious shortcoming is that even though the statements on the establishment of the regulator are very brief, it is already quite clear that there is no intention to make it independent of government, a key international law requirement in this area.

“We believe that the government of Pakistan needs to go back to the drawing board and start with an open consultation about what is needed in this area,” said Muhammad Aftab Alam, Executive Director of IRADA. “We are willing to work with the government to make sure that the rules
are in line with international and constitutional human rights guarantees.

CLD and IRADA urge the government of Pakistan to put aside their draft document and to host a broad consultation with interested stakeholders on the way forward.

The Note is available at:

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
Tel: +1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

Muhammad Aftab Alam
Executive Director
Institute for Research, Advocacy and Development
Email: ed@irada.org.pk
+92 321 5959775
www.irada.org.pk
twitter: @IRADAPK

7 November 2018,

Mauritius adopted the Judicial and Legal Provisions Act in May 2018. The Act focuses on the judicial process but it also includes a few provisions which restrict freedom of expression. An analysis released today by the Centre for Law and Democracy (CLD) highlights problems with these provisions.

“The new rules prohibiting blasphemy and providing for special protection against criticism for judges do not respect international guarantees of freedom of expression”, said Toby Mendel, Executive Director of CLD. “While it is legitimate to prohibit hate speech, such rules need to be carefully and narrowly tailored, which is unfortunately not the case with this provision.”

One rule, making it an offence to insult judges, ushers and officials, appears to be a new addition to the legal framework in Mauritius. It is unclear why the government introduced this provision when the clear international trend is to recognise that these individuals, like other officials, should be required to tolerate a greater degree of criticism than ordinary officials.

The other rules only amend slightly existing prohibitions in the Criminal Code. The blasphemy rule is particularly problematical inasmuch as it not only protects religions but also good morals and public morality. These latter concepts are not only undefined but run directly counter to the principle that the right to freedom of expression protects unpopular and even offensive speech. The hate speech rule is the least problematical of the three, but it is cast in unduly broad terms and provides for wholly disproportionate sanctions of up to 20 years’ imprisonment.

CLD urges the government of Mauritius to amend these rules so as to bring them into line with international standards.

CLD’s Analysis of the content restrictions in the Judicial and Legal Provisions Act is available at: Note on the Judicial and Legal Provisions Act 2018 of Mauritius.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
Tel: +1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

29 October 2018,

The Centre for Law and Democracy (CLD) (Canada), Transparency Maroc (TM), Palestinian Center for Development and Media Freedoms (MADA), Maharat Foundation (Lebanon) and Social Economic Forum for Women Organization (Jordan) jointly hosted a consultative meeting in Amman from 25-26 October 2018. The focus of the meeting, which is a continuation of the organisations’ earlier work in this area, was on how to improve the opportunities for civil society organisations to engage with the League of Arab States (LAS).

A report on Improving Civil Society Engagement at the League of Arab States, launched in September, found that the LAS lagged significantly behind other comparable inter-governmental organisations (IGOs) when it came to the issue of engagement.

The consultative meeting reviewed engagement rules and systems at other IGOs and compared them to the policy and practice at the LAS to identify specific gaps and areas for improvement. An important focus of the meeting was on how to advocate to enhance the performance of the LAS in this area.

A key outcome of the meeting was agreement on a Charter for Improving Civil Society Engagement with the League of Arab States, attached as an annex to this press release. The Charter sets out a civil society vision for the steps needed to improve the system of engagement with the LAS. The first set of recommendations calls on the LAS to conduct an open and inclusive process of consultation with civil society with a view to putting in place a new framework for engagement. The Charter also calls for a number of short-term measures, including in relation to access to information and opportunities for consultation.

A number of organisations have already endorsed the Charter and we are seeking further endorsements from civil society groups based in the Arab World.

The Charter can be accessed in English and Arabic at: [in English here] and [in Arabic here]. For an Arabic version of this press release, click here.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

Roula Mikhael
Executive Director
Maharat Foundation
Email: roula.mikhael@maharatfoundation.org
+961 3 612 413
http://www.maharatfoundation.org

Mousa Rimwa
General Director
Palestinian Center for Development and Media Freedoms (MADA)
Email: m.rimawi@madacenter.org
+970 22976519
http://www.madacenter.org

Fouad Zirari
Staff Coordinator
Transparency Maroc
Email: fouadzirari@gmail.com
+212 06 61 09 61 68
http://transparencymaroc.ma/TM/

Amal Shawahneh
Director
Social Economic Forum for Women Organization
Email: amalshaw@hotmail.com
+962 795528197
http://www.mnt.org.jo

Charter for Improving Civil Society Engagement with the League of Arab States

We, the undersigned civil society organisations, based in different Arab countries,

Recognising the foundational importance for inter-governmental organisations, including the League of Arab States, of engaging in genuine consultations with civil society so as to improve their policy and decision-making processes, to build better relations with their constituents, who are ultimately the people living in Arab States, and to promote greater democracy in and accountability for their work;

Noting that the League of Arab States falls far short of better international practice, including the practice of similar inter-governmental organisations in other regions of the world, when it comes to engaging with civil society;

Stressing that the current civil society engagement arrangements and practices at the League of Arab States not only fail to respect basic human rights and democratic norms but also undermine the effectiveness, influence and legitimacy of the League of Arab States;

Emphasising that the trend, at both the national government and the inter-governmental levels, is strongly towards increasing engagement opportunities for civil society;

Recalling that effective engagement involves transparency, particularly around the subjects of engagement, and concrete and effective consultation opportunities;

Highlighting the fact that many civil society organisations based in Arab countries are both interested in and fully able to participate effectively in more genuine engagement opportunities at the League of Arab States, should such opportunities become available;

Call on the League of Arab States to undertake the following actions to improve its engagement with civil society:

1. Consultations about Engagement

The League of Arab States should conduct an open and inclusive process of consultation with civil society with a view to putting in place a new framework for engagement. This should respect the following:

• The process should be collaborative in nature, along the lines of a partnership or joint effort between the parties,[1] with the League of Arab States working closely with civil society to explore options for a strong engagement framework.
• The process should be transparent, with the League of Arab States providing civil society with access to all of the documents it needs to participate fully in the consultation process and with information about the positions of different stakeholders and how it was used being provided.
• The League of Arab States should make a commitment at the beginning of the process to revise substantially its current approach to civil society engagement, including by adopting a new policy framework for this.
• Consideration should be given to creating a new, dedicated structure within the League of Arab States to lead on this process, in an attempt to address current relationship shortcomings and to build trust with civil society.

2. Access to Information

Ensuring access to information is key to building trust and to facilitating real engagement. The League of Arab States should practise far greater levels of openness than in the past. Following consultations, it should adopt a dedicated information disclosure policy in line with better international practice among inter-governmental organisations. In the meantime, it should do the following:

• Publish, sufficiently in advance, information, including the agendas, of key meetings and other engagement opportunities, along with key relevant background documents, subject only to legitimate grounds for secrecy.
• Respond promptly and fulsomely to requests for information, including by appointing staff with dedicated responsibilities for doing this.
• Take full advantage, in doing the above, of digital technologies, including by providing information for free and in open digital formats.

3. Short-term Engagement Measures

The League of Arab States should undertake the following measures to improve engagement over the short term, pending the outcome of the consultation process noted above:

• The current observer status system should be transformed into a consultative status approach, so that individuals and organisations with status benefit from a range of engagement rights and opportunities. This should include the rights to make submissions and interventions, and not merely the right to attend meetings and listen to official actors.
• The process of obtaining status should be open, streamlined and insulated from political or other irrelevant considerations, so that status is given to any organisation which meets pre-defined conditions for obtaining consultative status.
• To the extent possible, the grant of status should directly enable the holder to engage with a range of League of Arab States bodies, including, in particular, those dealing with human rights and economic and social development.
• A number of engagement options beyond the status system should be put in place, such as the ability to apply on an ad hoc basis to attend a particular meeting or to work with the League of Arab States to implement projects or policies.

Endorsements

1. ADALA, Morocco
2. Maharat Foundation, Lebanon
3. Palestinian Center for Development and Media Freedoms (MADA)
4. Social Economic Forum for Women Organization, Jordan
5. TAFRA, Morocco
6. Transparency Maroc

[1] As an example, Open Government Partnership (OGP) guidance on consultation is available at: http://www.opengovpartnership.org/sites/default/files/attachments/OGP_consultation%20FINAL.pdf.

28 September 2018,

In an exciting development, Afghanistan has replaced Mexico at the very top of the RTI Rating, with an impressive score of 139 points out of a possible 150, or 93%. Mexico is now in second place, with 136 points, followed by Serbia with 135 and Sri Lanka with 131. An updated version of the RTI Rating website was launched today, International Right to Know Day, with ratings for 123 countries, up from the 111 that were hosted on the old site.

The RTI Rating is a sophisticated methodology for assessing the strength of the legal framework for the right to information (RTI), developed by the Centre for Law and Democracy (Canada) and Access Info Europe (Spain). Every country which has adopted a national RTI law is ranked on the RTI Rating in due course.

“It is tremendous that Afghanistan has passed such an incredibly strong RTI law,” said Toby Mendel, Executive Director of the Centre for Law and Democracy. “Although implementation is always a challenge, this law will at least give the country the tools it needs to ensure its citizens can access information from public authorities.”

Countries from the Global South dominate the top of the RTI Rating, with not a single Western country in the top 25. All but one of the countries in the top 25 positions adopted their laws since 2000, reflecting the fact that RTI laws are, on average, getting stronger and stronger as time goes on. Sustainable Development Goal Indicator 16.10.2 sets the adoption and implementation of an RTI law as a common standard of achievement for all States, which has given new impetus to the advancement of this human right.

Note for editors

More information on the RTI Rating, including the detailed results, can be found at: www.rti-rating.org/. The results can be viewed in a number of different ways, including by country or by indicator.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
Tel: +1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

27 September 2018, Halifax

On 26 September 2018, in anticipation of International Right to Know Day, the Centre for Law and Democracy (CLD), the Office of the Information and Privacy Commissioner Nova Scotia, and The Right to Know Coalition of Nova Scotia sponsored a trivia night on the theme of “It’s Your Right to Know!” at the Board Room Game Cafe in downtown Halifax. The host for the evening was Fola Adeleke, Freedom of Information and Privacy Officer at the Nova Scotia Health Authority and Senior Research Fellow at the Mandela Institute at Wits University.

Participants delved into topics such as the foundations of the right to information in international human rights law, the history of access to information laws and the practicalities of making a freedom of information request in Nova Scotia. Would you have been able to answer the following questions?

Which country was the first ever to adopt a right to information law? The answer is Sweden, in 1766.

As of today, how many countries have adopted national right to know laws? Over 120 countries have adopted such laws.

What is the basis, in international human rights law, of the right to information? The right to information is considered part of the right to freedom of expression.

True or false: in Nova Scotia, most access to information requests are made by the media. False; most requests are made by the business sector.

What is the longest time extension claimed by the Canadian government in response to an access to information request, based on complaints to the Information Commissioner of Canada? The answer here 9,840 days, which is almost 27 years.

If you would like to learn more about the right to information, visit the media page of the Centre for Law and Democracy’s website (https://www.law-democracy.org/live/media), join our mailing list (https://www.law-democracy.org/live/join-our-mailing-list) or check out the RTI Rating website (rti-rating.org).

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
email: toby@law-democracy.org
tel: +1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

Laura Notess
Legal Officer
Centre for Law and Democracy
email: laura@law-democracy.org
tel: +1 782 234-4471
www.law-democracy.org
twitter: @law_democracy

24 September 2018,

A major report on Improving Civil Society Engagement at the League of Arab States was launched in English and Arabic today by the Centre for Law and Democracy (CLD) (Canada), Transparency Maroc (TM), Palestinian Center for Development and Media Freedoms (MADA) and Maharat Foundation (Lebanon). The report looks at transparency and consultation opportunities at the League of Arab States (LAS) and compares them to opportunities at other inter-governmental organisations – such as the Council of Europe, the Organization of American States and the World Bank – finding that the LAS is significantly less open to civil society engagement in its work.

The report notes that civil society engagement is more important today than ever before, including to address the democratic deficit that plagues most inter-governmental organisations, to harness the ideas and links to local populations that civil society offers, and to bolster credibility and hence effectiveness. All of these are key needs for the LAS, which currently largely excludes civil society from most of its work.

The four main recommendations for reform are set out in the report as follows:

• Consulting about Consulting: the LAS should reach out to Arab civil society to discuss what steps need to be taken to improve engagement opportunities.
• Access to Information: the LAS should commit to far greater levels of transparency than in the past and, over time, adopt a dedicated information disclosure policy.
• Accreditation: the current observer status system should be transformed into a consultative status approach which is far more accessible to civil society organisations and which grants those with status not just the right to listen but also the right to participate.
• Other Issues: the LAS should also support engagement in other ways such as by offering concrete support, including funding, and by creating specific forums for engagement.

The report can be accessed in English and Arabic at: Report on Improving Civil Society Engagement at the League of Arab States [English] and Improving Civil Society Engagement at the League of Arab States [Arabic].

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

Roula Mikhael
Executive Director
Maharat Foundation
Email: roula.mikhael@maharatfoundation.org
+961 3 612 413
http://www.maharatfoundation.org

Mousa Rimwa
General Director
Palestinian Center for Development and Media Freedoms (MADA)
Email: m.rimawi@madacenter.org
+970 22976519
http://www.madacenter.org

Fouad Zirari
Staff Coordinator
Transparency Maroc
Email: fouadzirari@gmail.com
+212 06 61 09 61 68
http://transparencymaroc.ma/TM/

27 August 2018,

IDB Invest is conducting a consultation on the draft Access to Information Policy it circulated in April 2018. In its Analysis of the draft Policy, released today, the Centre for Law and Democracy (CLD) welcomes advances over the 2005 Policy which is currently in force but also notes that significant improvements are needed if IDB Invest is to respect international standards relating to the right to information. As with many international financial institution (IFI) information policies, the regime of exceptions is the most problematical area, but weaknesses are also found in other areas, notably in relation to the procedures for making and processing requests and the system of appeals.

“The new policy proposals would do a lot to make IDB Invest more transparent”, said Toby Mendel, Executive Director of CLD. “But it is failing to take the bold steps that are needed if it really wants to realise the principle of maximum disclosure proclaimed in the draft Policy.”

One of the more serious problems with the regime of exceptions is that it essentially grants third parties a veto over the disclosure of information provided by them, instead of simply protecting their legitimate interests. A more general problem is that while many exceptions start with a reasonably tight statement of the interest being protected against harm, they go on to list a number of overbroad, non-harm tested categories of exempt information.

Other areas of concern include:

• The policy would only apply to information created after it came into effect.
• The rules on the processing of requests and the system for appointing members of the appeals bodies are not detailed enough.
• There are no sanctions for wilful obstruction of access and or protections for good faith disclosure of information.
• The draft Policy contains a number of technical weaknesses, many of which give rise to uncertainty about how the policy would be applied.

CLD urges IDB Invest to introduce substantial changes to the draft Policy, in line with the recommendations in its Analysis.

CLD’s Analysis of IDB Invest’s draft Policy is available here: Analysis of IDB Invest’s Draft Access to Information Policy

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org 
Tel: +1 902 431-3688
www.law-democracy.org
twitter: @law_democracy

27 July 2018,

On 23 July 2018, the government of Canada published its Draft Commitments: Canada’s 2018-20 National Action Plan on Open Government, one of its obligations as a member of the Open Government Partnership (OGP), which Canada currently co-chairs. In response to a call for feedback, the Centre for Law and Democracy (CLD) today sent a formal Statement to the government outlining how the Draft Commitments should be improved to meet public demands in terms of access to information.

“We welcome the fact that the government is promising a ‘full review’ of the Access to Information Act,” said Toby Mendel, Executive Director, CLD. “However, an identical promise to review the Act by the end of 2018 in the last National Action Plan will not be met and so, this time, we are asking for something more concrete, such as the tabling of a bill amending the Act in Parliament.”

The government has largely failed to deliver on its promises to improve the Access to Information Act, despite some progress in the form of an Interim Directive adopted in May 2016 and Bill C-58, currently before Parliament. In addition to calling for a more robust main commitment in this area in the new Action Plan, the CLD Statement focuses on:

• The need to move the review forward, since it is currently timed to start only one year after Bill C-58 is adopted, which is likely to fall during the election period.
• The review promises to cover important issues such as the scope of the Act, the timeliness of responses to requests and exceptions, but CLD would also like to see other procedural issues and matters such as a duty to document addressed.
• The government should address the problem of delays on an urgent basis by putting in place soft measures immediately and then following up with law reform.
• Many of the draft commitments – such as to increase the number of public bodies accepting electronic requests by 50 each year – are too modest, especially given that in countries like Mexico all public bodies accept such requests

The CLD Statement includes specific recommendations for improving Canada’s Draft OGP Commitments. The Statement is available here: Statement on the Draft Access to Information Commitments of Canada’s 2018-2020 National Action Plan on Open Government.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431 3688
www.law-democracy.org
twitter: @law_democracy

11 July 2018,

The Centre for Law and Democracy (CLD) has been working closely with the Information Commissions of Khyber Pakhtunkhwa and Punjab provinces in Pakistan to develop a sophisticated, comprehensive methodology for assessing the quality of implementation of right to information (RTI) laws. Although the methodology is being designed in Pakistan, it will be easy to adapt it for other jurisdictions.

“This is groundbreaking development work in the area of the right to information,” said Toby Mendel, Executive Director, CLD.“It is really exciting to be able to work with the Information Commissions and other stakeholders in Pakistan on something that will hopefully have global application.”

The impetus for preparing this methodology has come in part from Sustainable Development Goal (SDG) Indicator 16.10.2, which looks at whether States have adopted and implemented right to information legislation. The RTI Rating provides us with an accurate assessment of the first part of this – namely the adoption of RTI legislation – and this methodology supplements that by assessing implementation. The Methodology looks at four key areas, namely Central Measures, focusing on information commissions, Institutional Measures, focusing on structural measures taken by individual public authorities (like appointing an information officer), Proactive Disclosure and Reactive Disclosure (the processing of requests).

Extensive consultations around the draft methodology were conducted in February and again last week. The goal is to finalise the methodology soon and then pilot its application in one or two jurisdictions in Pakistan before revising it to take into account those results. The Methodology has been developed with the technical support of the German Development Cooperation and the Swiss Agency for Development and Cooperation.

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431 3688
www.law-democracy.org
twitter: @law_democracy

2 July 2018,

Eight international organisations that promote respect for the right to information released a Joint Statement today calling on the Ghanaian authorities to review the Right to Information Bill, 2018, which is currently before parliament. The Statement outlines five key areas where the Bill fails to meet international standards.

“We very much welcome the fact that Ghana is finally moving forward with this important piece of legislation,” said Toby Mendel, Executive Director, CLD. “However, the current version of the Bill needs to be improved so that it can provide a strong foundation for fighting corruption and promoting good governance and robust democratic participation for the people of Ghana.”

In addition to the Centre for Law and Democracy, the seven other signatories to the Joint Statement are Access Info Europe, Africa Freedom of Information Centre, ARTICLE 19 Eastern Africa, Commonwealth Human Rights Initiative, Freedom of Information Coalition, Nigeria, International School for Transparency and Media Rights Agenda.

The five areas addressed in the Joint Statement are Exceptions, Scope and Requesting Procedures, Appeals, The Duty to Publish (Proactive  Disclosure) and Sanctions, Offences and Promotional Measures. For each issue, the Joint Statement highlights the key amendments that are needed to bring the Bill into line with better practice.

On 12 June 2018, CLD released a detailed analysis of the Bill along with an assessment of it based on the RTI Rating (www.RTI-Rating.org). The Bill scored 89 points out of a possible maximum of 150, which would place Ghana in 49^th place globally out of the 111 countries currently on the Rating.

The Joint Statement is available at: Joint Statement on Ghana’s Right to Information Bill, 2018,  CLD’s 12 June analysis is available at: Analysis of Ghana’s Right to Information Bill

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431 3688
www.law-democracy.org
twitter: @law_democracy

18 June 2018,

The Centre for Law and Democracy (CLD) is seeking a Legal Officer to begin as soon as possible. We are looking for a successful, highly motivated person who will work from Halifax, Canada. The successful applicant will be rewarded with exciting legal work, high level representational opportunities and the chance to travel globally.

The Legal Officer will have a range of responsibilities related to safeguarding human rights, including freedom of expression and the right to information, as part of a small, dynamic human rights organisation with a unique mandate. The position combines legal analysis and top level standard setting research with on-the-ground campaigning across the Global South, in collaboration with a diverse range of activists, partners and subject matter experts. Direct advocacy is a major part of CLD’s work, and the position includes opportunities to engage with policy-makers at the highest level, as well as to dialogue with the world’s foremost experts on human rights. The position includes travel opportunities, as well as representing CLD at various international conferences and meetings. Salary for the position will be competitive and commensurate with experience. The Job Description is available at: https://www.law-democracy.org/live/wp-content/uploads/2018/06/Legal-Officer.Job-Description.18-06.pdf

About the Organisation:

CLD is an international human rights organisation based in Halifax, Nova Scotia, which provides expert legal services globally on foundational rights for democracy, with a particular emphasis on freedom of expression, freedom of association, the right to information and digital rights. Our major ongoing projects include:

• Supporting Myanmar’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.
• Facilitating public participation in governance in Nepal through the development and enhancement of open data and consultative systems.
• Engaging with multi-stakeholder partnerships such as the Governance Data Alliance and the Open Government Partnership to promote open access to information.
• Expanding the right to information in Pakistan, through direct engagement with provincial governments to assess and improve implementation of key legislation.
• Campaigning against global threats to digital rights, such as mass surveillance, Internet shutdowns and efforts to undermine encryption and digital security.

Essential Qualifications

• A law degree (LL.B or J.D.).
• Significant demonstrable experience of working in the field of human rights, ideally specifically freedom of expression or the right to information.
• Knowledge of human rights law, particularly freedom of expression and the right to information, and awareness of mechanisms for the protection of human rights.
• Excellent written and spoken fluency in English, including an ability to draft complex legal and policy documents for a high level audience, as well as clear and concise position statements for general public consumption.
• Strong analytical and research skills, including the ability to assess legislation or policies against international human rights standards.
• Strong public speaking skills, including being comfortable addressing large audiences.
• The ability to travel internationally, sometimes for two to three weeks at a time.
• Some international experience, preferably in the Global South.
• A keen interest in and openness to other cultures, and an ability to collaborate with people from a range of cultural, religious, social and educational backgrounds.
• Ability to work effectively, often under pressure, to tight and demanding deadlines.
• Strong interpersonal skills, and comfort managing small teams.

Preferred Qualifications

• An advanced degree in law or another field relevant to our practice area (journalism, international development studies, etc.)
• 3-5 years of experience working or volunteering in the human rights field.
• Some experience having lived or worked in the Global South.
• Some basic accounting skills, such as how to develop and administer budgets.
• Some experience developing grant and funding proposals, or experience establishing and maintaining relations with international donors.
• An understanding of legal and technical issues relating to digital speech, such as net neutrality, Internet shutdowns, etc.
• The ability to work in Canada would be preferred, though we are happy to receive international applicants.
• Knowledge of additional languages, in particular Spanish or Arabic.

Those interested in applying should send a copy of their CV, cover letter and latest law school transcripts to info@law-democracy.org, by 11 July 2018.

The Centre for Law and Democracy is committed to diversity and is an equal opportunity employer. We value and encourage applicants for all positions without regard to race, colour, religion, gender, sex, national origin, age, disability, marital status, sexual orientation, gender identity or expression, or any other legally protected status. This commitment applies with regard to all aspects of one’s employment, including hiring, transfer, promotion, compensation, eligibility for benefits, and termination.

12 June 2018,

The Centre for Law and Democracy (CLD) has released an Analysis of Ghana’s 2018 Right to Information Bill, which is now before parliament. The Analysis welcomes the fact that Ghana is finally moving forward to adopt this key piece of democratic legislation. At the same time, it highlights a number of weaknesses in the Bill, which would only be in 49^thplace globally according to the RTI Rating.

“Ghana has been struggling to pass this legislation for a long time, so it is encouraging that the country is finally moving forward on it,” said Toby Mendel, Executive, CLD.“However, the Bill falls far short of better practice in this area, including that of the six African countries that are in the top twenty countries globally on right to information legislation.”

Some of the key problems with the Bill include:

• The lack of any proper definition of the key notion of a ‘public institution’.
• An unduly limited set of proactive publication obligations.
• Procedural problems such as a requirement to pay a fee simply to make a request, no obligation to provide a receipt for requests and some unclear time limits.
• A significantly overbroad regime of exceptions which does not override secrecy laws and which includes both illegitimate exceptions and exceptions which do not depend on a risk of harm.
• Protection of the independence of the Information Commission could be improved, in particular by reducing the role of the President in appointing members.
• The lack of a proper system for promoting better records management.

CLD urges the Ghanaian authorities to incorporate our recommendations into the Bill before it is passed, so as to bring it more fully into line with international standards.

The Analysis is available here: Analysis of Ghana’s Right to Information Bill.
The Right to Information Bill is available here: Right to Information Bill, 2018

For further information, please contact:

Toby Mendel
Executive Director
Centre for Law and Democracy
Email: toby@law-democracy.org
+1 902 431 3688
www.law-democracy.org
twitter: @law_democracy