CLD uses litigation strategically to develop key aspects of rights and to establish key rights principles, based on constitutional and international law.
The Centre for Law and Democracy filed an amicus curiae (friend of the court) brief in a constitutional appeal in Indonesia lodged by the Central Information Commission asserting that there are problems in its founding legislation in terms of the protection of its independence. While the members of the Commission have historically been independent of the public authorities they oversee, the Secretariat of the Commission is “operated by the government”, to use the very words of the legislation, Law No. 14 of 2008 on Public Information Disclosure.
CLD Executive Director Toby Mendel recently provided a witness statement to the UK Information Tribunal in support of an appeal against refusal lodged by Pamela Bartlett Quintanilla of Access Info Europe. The request was for minutes taken by UK representatives at the Working Party on Information meetings in the years 2010, 2011 and what has passed of 2012. Ms. Quintanilla also requested a list of attendees from the various Working Party on Information meetings that have taken place in 2011 and 2012. The witness statement discussed international recognition of the right to information, as well as the importance of the right to information within the EU and of the specific need for transparency with regard to this particular issue. The case remains ongoing.