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<div class="moz-cite-prefix">On Friday 07 March 2014 03:40 PM,
Anriette Esterhuysen wrote:<br>
</div>
<blockquote cite="mid:53199B28.2090701@apc.org" type="cite">
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<font face="Arial">Dear all<br>
<br>
I think it is not so clear cut.<br>
<br>
We live in a time of governance processes changing, and we have
opportunities to make them more democratic.<br>
<br>
I recently had a discussion with someone in the government of
Brazil who is very active in CGI.br.<br>
<br>
I asked him whether CGI.br is a platform for policy shaping (to
use Jovan's term) or policy making. My understanding was that
it was primarily for policy shaping.<br>
<br>
He said I was wrong, and that it is in fact a multi-stakeholder
body that can make certain types of policies. Members of CGI.br
on these lists can give examples.<br>
<br>
CGI.br is a formally constituted (by act of the legislature)
body that is multi-stakeholder, and that can make certain types
of public policies, as well as make recommendations for public
policies.<br>
</font></blockquote>
<br>
<font face="Arial">I will like to hear of an instance of CGI.Br
having made a public policy. Can you offer one.. then we will know
what exactly are we discussing here.<br>
<br>
Apart from the difference between public policies and technical
decisions, is also the difference between original public policy
authority and delegated authority. These are concepts and ideas
that are rather well worked out in the texts of political science
and public administration.<br>
<br>
A public policy function is sovereign in the sense of not being
subject to a higher authority (judicial review being a different
matter) and is accompanied with legitimate coercive power for
enforcement. Such power only lies with elected representatives in
democracies. It cannot</font><font face="Arial">, for instance</font><font
face="Arial">, be exercised by business representatives .<br>
<br>
(At the global level, such sovereignty is exercised in a complex
manner whereby national legislatures often need to ratify
international treaties, and while many of such treaties carry
enforcement elements, the manner of their national application
remain in a somewhat complex interplay with national political
systems. But this system of global public policies still works.)<br>
<br>
As such CGI.Br does not and cannot consitutionally undertake
public policy function. Happy to hear counter-arguments. <br>
<br>
There is a huge problem with deforming the clear political
definitions regarding public policy etc and then find entry
points for big business to exercise formal political power.....
Once such a role is established on some areas, then this power
migrates upwards to cover all areas of our social and political
existence. This is what is happening now. <br>
<br>
Do note that the currently fashionable meme of 'equal footing' in
public policy functions does not ever circumscribe the areas where
big business can thus exercise formal political power, and where
it cannot. The multistakeholder policy making models, for instance
the one offered by Jeremy, applies to all areas of Internet
policies at the global level. Soon, it will be areas of policy in
any sector at the global level. Such efforts are of course already
afoot. And then gradually this models is brought to the national
levels. <br>
<br>
I remain worried how few here see and fear the headlong plunge
into a neoliberal post-democratic system that we may be taking,
and in fact contributing so strongly to... <br>
<br>
parminder <br>
<br>
<br>
<br>
</font>
<blockquote cite="mid:53199B28.2090701@apc.org" type="cite"><font
face="Arial"> <br>
Membership of CGI.br is of course not informal - it is quite
formal, but it is multi-stakeholder.<br>
<br>
Government has more positions which is something I have heard
some Brazilian civil society express concern about. But it does
mean that different parts of government is represented which his
important. Business is represented through industry bodies, and
so on.<br>
<br>
It is an example of how governance processes can change, and how
public policy making can be more inclusive and multi-stakeholder
and go beyond the traditional 'government proposes policy - with
or without public consulation, follwed by legislature reviewing
and approving/rejecting'.<br>
<br>
From a CS perspective I think we need to lobby for traditional
models to be more inclusive, for public consultation to be
introduced where it does not exist, and to be improved where it
does. But we should also propose and promote new models where
policy-making is actually done in an inclusive MS space.<br>
<br>
Anriette<br>
<br>
<br>
</font>
<div class="moz-cite-prefix">On 06/03/2014 14:02, parminder wrote:<br>
</div>
<blockquote cite="mid:531863E1.7030705@itforchange.net"
type="cite">
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<font face="Verdana">Joy<br>
<br>
You clarify the difference between two positions very well..<br>
<br>
So, I understand that, those who want to support the civil
society statement put on BestBits platform for endorsements
hold that non-gov participants</font><font face="Verdana">(which
includes business)</font><font face="Verdana"> should be on
the same footing as gov participants in terms of actually <i><b>making
public </b></i><i><b>policies</b></i><i><b>.<br>
<br>
</b></i>Fine. There is no room for confusion now.<br>
<br>
I think this is a anti-democratic statement. And oppose it as
ever.<br>
<br>
Meanwhile, look forward to see actual models of such policy
making, which arent there in the mentioned statement, or its
accompanying statements.<br>
<br>
parminder<br>
<br>
PS: I did not think it is BestBits statement, as Joy puts it.
And Joy - or is it someone else from APC - is on the steering
committee on BB... I hope such mis-statements are avoided, and
when pointed out withdrawn. Thanks. <br>
<br>
<i><b><br>
</b></i></font>
<div class="moz-cite-prefix">On Thursday 06 March 2014 03:25 PM,
joy wrote:<br>
</div>
<blockquote cite="mid:5318460E.7080301@apc.org" type="cite">
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As Anriette has already noted - in relation to the APC Charter
the full quote in Theme 6.1 is:<br>
<blockquote>Internet governance should be multilateral and
democratic, with the full involvement of governments, the
private sector, civil society and international
organisations. No single government should have a
pre-eminent role in relation to international internet
governance.<br>
</blockquote>
This does not mean that APC thinks that multi-stakeholder
processes are not democratic or desirable. Quite the contrary
and APC has been on record in many spaces to support
multi-stakeholder processes: these are simply one form of
democratic participation. To be fair, the Best Bits submisson
cites a range of other documents and says, taken together,
certain principles relevant to internet governance can be
deduced and should be taken forward into NetMundial, including
human rights.<br>
<br>
I am happy to support the Best Bits submission: i think its 2
recommendations are simple, concise and helpful.<br>
<br>
It seems the logic of the objections being raised to endorsing
the Best Bits submission is along the lines that on the one
hand:<br>
a) governments alone make public policy including some which
is relevant to internet governance<br>
b) governments should be on an equal footing with each other
when doing so; and <br>
c) it follows that non-governmental stakeholders cannot and
therefore should not be on an equal footing with governments
this role (though they can of course be involved/consulted) .<br>
<br>
Whereas, the Best Bits submission is premised along the lines
that <br>
a) governments and multi-stakeholder processes make public
policy which is relevant to internet governance<br>
b) therefore all stakeholders should be on an equitable
footing or parity with each other when doing so; <br>
<br>
Again, I see no reason not to support the Best Bits submission
which simply proposes that whatever internet governance
principles NetMundial is considering, equitable
multi-stakholder participation and human rights (among others)
are relevant to them. <br>
<br>
<br>
Joy<br>
Joy<br>
<div class="moz-cite-prefix">On 6/03/2014 9:14 p.m., Anriette
Esterhuysen wrote:<br>
</div>
<blockquote cite="mid:53182E74.5060401@apc.org" type="cite">
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<font face="Arial">Dear all<br>
<br>
Just a clarification here on the APC Internet Rights
Charter and the use of 'multilateral'.<br>
<br>
</font>The full text in Theme 6.1 is:<br>
<br>
"Internet governance should be multilateral and democratic,
with the full involvement of governments, the private
sector, civil society and international organisations. No
single government should have a pre-eminent role in relation
to international internet governance."<br>
<br>
When we drafted this text we used 'multilateral' in its
dictionary sense as meaning the involvement of multiple
parties and multiple countries. We did not mean it in the
'intergovernmental' sense.<br>
<br>
In fact.. the text that follows multilateral and democratic
defines how we understood the term: "with the full
involvement of governments, the private sector, civil
society and international organisations. No single
government should have a pre-eminent role in relation to
international internet governance."<br>
<br>
Since then (remember we first drafted the charter in 2001)
the term multilateral has become loaded and is often
underestood as meaning "among governments". It was not our
intention to suggest that. But we certainly did mean that
governments should be involved, and that no one government
should dominate - but in the context of the involvement of
other stakeholders too.<br>
<br>
Best<br>
<br>
Anriette<br>
<br>
<br>
<div class="moz-cite-prefix">On 05/03/2014 14:29, parminder
wrote:<br>
</div>
<blockquote cite="mid:531718AC.3040402@itforchange.net"
type="cite">
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<br>
<div class="moz-cite-prefix">On Wednesday 05 March 2014
05:19 PM, parminder wrote:<br>
</div>
<blockquote cite="mid:53170F61.60305@itforchange.net"
type="cite">
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<br>
<div class="moz-cite-prefix">On Wednesday 05 March 2014
05:09 PM, Jeremy Malcolm wrote:<br>
</div>
<blockquote
cite="mid:2E3D5FD7-A108-4A16-977A-2650F624CA82@Malcolm.id.au"
type="cite">
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charset=UTF-8">
On 5 Mar 2014, at 7:21 pm, parminder <<a
moz-do-not-send="true"
href="mailto:parminder@itforchange.net">parminder@itforchange.net</a>>
wrote:<br>
<div><br class="Apple-interchange-newline">
<blockquote type="cite">
<div bgcolor="#FFFFFF" text="#000000"
style="font-family: Helvetica; font-size: 12px;
font-style: normal; font-variant: normal;
font-weight: normal; letter-spacing: normal;
line-height: normal; orphans: auto; text-align:
start; text-indent: 0px; text-transform: none;
white-space: normal; widows: auto; word-spacing:
0px; -webkit-text-stroke-width: 0px;">And of
course, the proposed view to be submitted on
1Net's behalf has this all important principle,
"Decisions made with respect to Internet
governance should only be made by bodies that
allow free and equitable access to all
stakeholders at all points in the
decision-making process." Well of course. Two
hoots to democracy!<br>
<br>
Now I shall come to the point, of my comments on
the proposed submission to NetMundial submitted
by Jeremy.<br>
<br>
I of course support and commend both APC
Principles and IRP Principles - which seem the
main burden of the submission.... BUT...<br>
<i><b><br>
</b></i><i><b>Can someone explain me the
meaning of "equitable multistakeholder
participation"</b></i><span
class="Apple-converted-space"> </span>and
whether it is different from what is meant in
the above statement from 1Net's survey. If so,
how.... More precisely, are you seeking that all
stakeholders, including business reps, have
equal part and role (as gov reps) in making
decisions about public policies. Please address
this point specifically.<span
class="Apple-converted-space"> </span><br>
</div>
</blockquote>
<div><br>
</div>
<div>Yes, you picked up on a key point. There was a
discussion of this on the pad where the text was
workshopped, which you can read for yourself: <a
moz-do-not-send="true"
href="https://pad.riseup.net/p/IG_principles">https://pad.riseup.net/p/IG_principles</a>.
At various times it was "parity" and "power
sharing" before it became "equitable
participation", which is somewhat flexible, to
accommodate the different viewpoints that we all
have about how equal the stakeholder roles should
be.</div>
</div>
</blockquote>
<br>
<br>
I dont greatly like flexibility between democracy and
non-democracy. <br>
<br>
So, request a clear response - do you mean <i><b>parity</b></i>
in <i><b>decision making</b></i> about <i><b>public
policies </b></i>between gov and non gov actors....
</blockquote>
<br>
<br>
It is important to note that the two main Principles docs
that this CS contribution refers to speak of democracy but
not multistakeholder governance, much less 'equitable
MSism'..<br>
<br>
In fact the APC Principles doc speaks of "<font
face="sans-serif"><font style="font-size: 11pt" size="3">The
right to multilateral democratic oversight of the
Internet. Internet governance</font></font><font
face="sans-serif"><font style="font-size: 11pt" size="3">
should be multilateral and democratic.</font></font>
<title></title>
<meta name="GENERATOR" content="LibreOffice 3.5 (Linux)">
<style type="text/css">
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</style>"<br>
<br>
Obviously, what is the main, unique, and new element in
this present submission - equitable multistakeholder
participation - does not come from the 2 key docs which
are claimed to be the principle inspirations.<br>
<br>
Ok, lets next check the 3 other principles docs that are
also quoted as somewhat secondary inspirations - CGI.Br
Principles, CoE principles, and G 8 principles....<br>
<br>
In these principles docs, while all f them orepeatedly and
emphatically speak of democracy, the MS
(multistakeholder) term either does not figure (CGI.Br
doc) or comes in a much much subsidiary fashion wrt to
democracy (the other two docs)<br>
<br>
Now, lets see what does your contribution - developed by
civil society actors in IG space - come up with .....<br>
<br>
There is not a single mention of 'democracy' or
'democratic' in this doc.... Even when you guys came up
with "key governance characteristics" you could think only
of " openness, transparency, inclusivity, accountability,
and <i><b>equitable multistakeholder participation </b></i>"
(emphasis added)<br>
<br>
In all your f2f meetings, and long online deliberations,
did the word 'democracy' not occur to any one at all...
Or did it occur to someone and was contributed but did not
find favour in the group.... Dont know which is worse. But
both are bad enough for me to stay away from this doc. <br>
<br>
And I appeal also to others who really believe in
democracy not to get caught in this trap that is laid for
them.... This is the thin end of the wedge, which will
soon usher you into a brave new post democratic world,
that one which the neo liberals dream of.... It is a pity
that a good part of civil society has agreed to be the
Trojan Horse for the powerful warriors of the neolib
order. <br>
<br>
See, how the term democracy is rejected, and phrases like
equitable multistakeholder participation (further
explained in the emerging contribution from 1 Net -
principle 11 in the survey) are getting introduced as
basis of our governance. And see how exactly it matches
what some of us predicted is the prime objective at
present of the US supported status quoists to get into the
text of the outcomes from NetMundial...... All of piece.<br>
<br>
parminder<br>
<br>
<br>
<blockquote cite="mid:53170F61.60305@itforchange.net"
type="cite">And this is not a petty point... Half of the
time of the WGEC got taken on this kind of discussion.
This is the single most important point today, if we can
clarify nd possibly agree on this point - rest is not
too difficult... Lets accept what is the key point, and
not skirt it...<br>
<br>
BTW, the German government has the following to say in
its submission to NetMundial<br>
<br>
"Democratically elected governments, as the
representative of the people, possess public authority
including internet-related public policy issues and are
supposed to be the main source for legitimacy and
democratic legitimation. Hence they have to respect and
protect human rights, ensure that the rule of law is
respected and that relevant national legislation
complies with their obligations under international law.
Moreover, they need to ensure that the appropriate basic
conditions both in terms of cyber-security and technical
provisions are in place. Civil society serves, and
should continue to do so, as a facilitator and notably
as a source of empowerment and credibility, especially
at community level. The private sector and particularly
the technical community significantly influence and
encourage the development, distribution and
accessibility of the internet, and should continue to do
so. In order to fully live up to the potentials for
economic growth, innovation, freedom of expression,
access to information and ideas and democratic
participation in a knowledge society, all stakeholders
involved need to work together."<br>
<br>
Do you for instance agree to the above formulation, or
NOT...<br>
<br>
parminder <br>
<br>
<br>
<br>
<br>
<blockquote
cite="mid:2E3D5FD7-A108-4A16-977A-2650F624CA82@Malcolm.id.au"
type="cite">
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<div><br>
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style="border-collapse: separate; color:
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<div style="word-wrap: break-word;
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<div>--</div>
<div>Jeremy Malcolm PhD LLB (Hons)
B Com</div>
<div>Internet lawyer, ICT policy
advocate, geek</div>
<div>host -t NAPTR
5.9.8.5.2.8.2.2.1.0.6.<a
moz-do-not-send="true"
href="http://e164.org">e164.org</a>|awk
-F! '{print $3}'</div>
</div>
</span><br
class="Apple-interchange-newline">
</div>
WARNING: This email has not been
encrypted. You are strongly recommended
to enable encryption at your end. For
instructions, see <a
moz-do-not-send="true"
href="http://jere.my/l/pgp">http://jere.my/l/pgp</a>.</span></div>
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<pre class="moz-signature" cols="72">--
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anriette esterhuysen <a moz-do-not-send="true" class="moz-txt-link-abbreviated" href="mailto:anriette@apc.org">anriette@apc.org</a>
executive director, association for progressive communications
<a moz-do-not-send="true" class="moz-txt-link-abbreviated" href="http://www.apc.org">www.apc.org</a>
po box 29755, melville 2109
south africa
tel/fax +27 11 726 1692</pre>
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<pre class="moz-signature" cols="72">--
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anriette esterhuysen <a moz-do-not-send="true" class="moz-txt-link-abbreviated" href="mailto:anriette@apc.org">anriette@apc.org</a>
executive director, association for progressive communications
<a moz-do-not-send="true" class="moz-txt-link-abbreviated" href="http://www.apc.org">www.apc.org</a>
po box 29755, melville 2109
south africa
tel/fax +27 11 726 1692</pre>
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