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<P><FONT SIZE=2>Hi,<BR>
<BR>
thank you for the spirited discussion so far. May I just suggest a slightly different language for § 3, which highlights the international human rights acquis (new language between asterisks)<BR>
<BR>
* International human rights ***, as contained in the Universal Declaration of Human Rights and confirmed by the core human rights treaties and other universal human rights instruments, are legally binding.*** ***The growing role of information and communication technologies has not changed the legal obligation*** of ***states*** having ratified these instruments ***to respect, protect, implement*** the human rights ***of their citizens***.<BR>
<BR>
As Parminder:<BR>
<BR>
"Fundamental human rights such as the rights to freedom of expression, privacy, civic participation and education are strongly threatened by actions and policies of ***a growing number of divergent actors***, including state and private actors at both national as well as global levels."<BR>
<BR>
Kind regards<BR>
<BR>
Matthias<BR>
<BR>
<BR>
<BR>
--<BR>
Matthias C. Kettemann<BR>
Harvard LL.M. Class of 2010<BR>
<BR>
29 Garden St, Apt # 604<BR>
Cambridge, MA 02138, USA<BR>
M | +1 617 229 9015<BR>
E | mkettemann@llm10.law.harvard.edu<BR>
Skype | matthiaskettemann<BR>
Facebook | <A HREF="http://www.facebook.com/matthias.kettemann">http://www.facebook.com/matthias.kettemann</A><BR>
<BR>
<BR>
-----Ursprüngliche Nachricht-----<BR>
Von: Meryem Marzouki [<A HREF="mailto:marzouki@ras.eu.org">mailto:marzouki@ras.eu.org</A>]<BR>
Gesendet: Di 08.09.2009 13:33<BR>
An: governance@lists.cpsr.org<BR>
Betreff: Re: [governance] Statement by IGC supporting rights and principles<BR>
<BR>
This v.3 is fine with me. Thanks Lisa.<BR>
Best,<BR>
Meryem<BR>
<BR>
Le 8 sept. 09 à 13:03, Lisa Horner a écrit :<BR>
<BR>
> Hi all<BR>
><BR>
> I agree that the original wording was too sweeping, but also think <BR>
> that Meryem's point that it's not just governments who are the <BR>
> culprits is an important one. Companies are obviously involved in <BR>
> online censorship and privacy violations, whether wittingly or <BR>
> unwittingly, and many are pushing for overly restrictive copyright <BR>
> which can limit access to information and expression. <BR>
> Organisations and individuals who are involved in technological <BR>
> design and standard setting also need to be aware of their impact <BR>
> on the nature of communications technologies and whether they <BR>
> support or undermine human rights.<BR>
><BR>
> However, as has already been discussed, we need to strike a balance <BR>
> between a general, awareness-raising statement and being explicit <BR>
> enough so as not to confuse/mislead. How about:<BR>
><BR>
> "Fundamental human rights such as the rights to freedom of <BR>
> expression, privacy and education are threatened by some internet <BR>
> governance processes and practices. Of particular concern are the <BR>
> policies that many governments are pursuing at the national level."<BR>
><BR>
> New draft statement 3 pasted below, incorporating Meryem's <BR>
> suggestions about rights instruments.<BR>
><BR>
> Thanks,<BR>
> Lisa<BR>
><BR>
> ---------------------------------------<BR>
><BR>
> DRAFT STATEMENT (v.3)<BR>
><BR>
> The Caucus [and undersigned DCs] repeat their request that the <BR>
> programme for IGF-4 in Egypt gives the required attention to human <BR>
> rights. The WSIS Declaration and Tunis Agenda reaffirmed the <BR>
> centrality of human rights in the information society, but human <BR>
> rights and associated principles have received very little <BR>
> attention at the IGF so far. This is problematic as:<BR>
><BR>
> * Fundamental human rights such as the rights to freedom of <BR>
> expression, privacy and education are threatened by some internet <BR>
> governance processes and practices. Of particular concern are the <BR>
> policies that many governments are pursuing at the national level.<BR>
> * The internet presents new opportunities for upholding and <BR>
> advancing human rights, for example through enhancing access to <BR>
> knowledge and resources. It is vital that we build on and enhance <BR>
> these opportunities.<BR>
> * International human rights instruments are legally binding. <BR>
> Governments who have signed these covenants have a legal obligation <BR>
> and responsibility to uphold their citizens' human rights actively, <BR>
> in the Internet era as before.<BR>
> * The human rights framework is an internationally agreed set of <BR>
> standards that has also has practical as well as ethical value. It <BR>
> balances different rights against each other to preserve individual <BR>
> and public interest. In addition to its legally binding <BR>
> implications, the framework is therefore a useful tool for <BR>
> addressing internet governance issues, such as how to deal with <BR>
> security concerns on the internet in compliance with the rights to <BR>
> freedom of expression and privacy. Besides stating the obligations <BR>
> of states and governments, the framework also allows us to derive <BR>
> the rights and responsibilities of other stakeholders.<BR>
><BR>
> The Internet Governance Caucus [and undersigned DCs] call for human <BR>
> rights standards to be included in the planning and implementation <BR>
> of all IGF sessions, so that they are given the attention they <BR>
> deserve as cross-cutting issues. This should include explicit <BR>
> consideration of how global, regional and national policies affect <BR>
> fundamental rights, and the development of positive policy <BR>
> principles to build an open and accessible internet for all. The <BR>
> Caucus [and undersigned DCs] would like to offer assistance to the <BR>
> organisers of the main plenary sessions to do this, and would like <BR>
> to support all stakeholders through providing access to relevant <BR>
> guidelines and experts.<BR>
><BR>
> -----Original Message-----<BR>
> From: William Drake [<A HREF="mailto:william.drake@graduateinstitute.ch">mailto:william.drake@graduateinstitute.ch</A>]<BR>
> Sent: 08 September 2009 11:07<BR>
> To: governance@lists.cpsr.org; Meryem Marzouki<BR>
> Subject: Re: [governance] Statement by IGC supporting rights and <BR>
> principles<BR>
><BR>
><BR>
> On Sep 8, 2009, at 11:49 AM, Meryem Marzouki wrote:<BR>
><BR>
>><BR>
>> Le 8 sept. 09 à 11:38, William Drake a écrit :<BR>
>><BR>
>>> Hi Meryem,<BR>
>>><BR>
>>> On Sep 8, 2009, at 11:15 AM, Meryem Marzouki wrote:<BR>
>>><BR>
>>>> Such a short statement, which purpose is to put the HR issue on<BR>
>>>> the table at IGF -- and nothing more -- should remain general<BR>
>>>> enough.<BR>
>>>> If there is real and shared insistance that the sentence be<BR>
>>>> watered down, then we could says "... threatened by SOME current<BR>
>>>> IG processes and practice". Although this seems obvious..<BR>
>>>> Finally, a statement should be read in its globality. The final<BR>
>>>> paragraph mentions "global, regional and national policiies",<BR>
>>>> showing that the statement makes a difference between these<BR>
>>>> policies at different levels.<BR>
>>><BR>
>>> My suggestion pertained to the examples Ginger gave, which were of<BR>
>>> national level government censorship. If you'd like to suggest<BR>
>>> more encompassing yet differentiated language and try to get<BR>
>>> consensus on it feel free, but as McTim notes, "are threatened by<BR>
>>> current internet governance processes and practice" seems too<BR>
>>> sweepingly totalizing.<BR>
>><BR>
>> If it seems totalizing, then let's make sure there is no<BR>
>> misunderstanding, and have the statement simply says "... threatened<BR>
>> by SOME OF THE current IG processes and practice". Is that agreeable<BR>
>> to you and Mc Tim?<BR>
><BR>
> Sure it's agreeable, but I doubt it ensures there'll be no<BR>
> misunderstanding.<BR>
><BR>
> Cheers,<BR>
><BR>
> Bill____________________________________________________________<BR>
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