[governance] IGF workshop: Internet for All (v 2.0)

Wed Jul 2 15:44:58 EDT 2008

Avri and all,

  Thank you for the reminder re artical 29 and 19.  I know
our members have been refrencing it for years vis a vi ICANN.
We wonder quite frankly, when ICANN will fully recognize
in particular article 29?  Perhaps you could or would be
so kind as to enlighten us in this regard?

-----Original Message-----
>From: Avri Doria <avri at psg.com>
>Sent: Jul 2, 2008 8:58 AM
>To: Governance Caucus <governance at lists.cpsr.org>
>Subject: Re: [governance] IGF workshop: Internet for All (v 2.0)
>
>Hi,
>
>Perhaps there isn't anything to subtract from article 19 other then  
>the effects of article 29?  i sometimes worry that people are so  
>focused on the positive value of 19 that they miss the fact that 29  
>allows a lot of abrogation of that positiveness.
>
>Unfortunately article 29 made into the WSIS texts as well.
>
>a.
>
>For anyone who does not remember 29 - the get out of FOE free article:
>
>Article 29.
>
>       (1) Everyone has duties to the community in which alone the  
>free and full development of his personality is possible.
>
>       (2) In the exercise of his rights and freedoms, everyone shall  
>be subject only to such limitations as are determined by law solely  
>for the purpose of securing due recognition and respect for the rights  
>and freedoms of others and of meeting the just requirements of  
>morality, public order and the general welfare in a democratic society.
>
>       (3) These rights and freedoms may in no case be exercised  
>contrary to the purposes and principles of the United Nations.
>
>
>On 2 Jul 2008, at 17:30, KovenRonald at aol.com wrote:
>
>> Dear All --
>>
>> On the question of freedom of expression and the Internet, the  
>> position of the press freedom groups of the Coordinating Committee  
>> of Press Freedom Organizations, to which the World Press Freedom  
>> Committee belongs, has been the same as that taken by leading  
>> delegations such as that of Canada and others in the WSIS, that  
>> there should be "no new rights" but that there is a need for  
>> reaffirmation of existing rights, notably Article 19 of the  
>> Universal Declaration of Human Rights.
>>
>> In this 60th anniversary year of the UDHR, the Coordinating  
>> Committee adopted a resolution just last month in Belgrade that  
>> there is nothing to add or to subtract from Art. 19 and that it is  
>> time to work for its full implenentation in the world. I append the  
>> text below.
>>
>> While I understand the desire to explore other aspects of Internet  
>> access, I strongly feel that, when it comes to freedom of  
>> expression, any attempts to "improve" on Art. 19 in an  
>> intergovernmental context will only lead to watering down its  
>> unqualified call for free speech, on and off-line.
>>
>> It was a major struggle to get Art. 19 into the final WSIS texts, a  
>> struggle in which pretty much all of the civil society groups took  
>> part cooperatively. Nothing being proposed here should now come to  
>> undermine the notable success of that effort.
>>
>> We are prepared to reiterate the above points in Hyderabad.
>>
>> Best regards,
>> Ronald Koven
>> European Representative
>> World Press Freedom Committee
>>
>> COMMITTEE TO PROTECT JOURNALISTS
>> INTER AMERICAN PRESS ASSOCIATION
>> INTERNATIONAL ASSOCIATION OF BROADCASTING
>> INTERNATIONAL PRESS INSTITUTE
>> WORLD ASSOCIATION OF NEWSPAPERS
>> WORLD PRESS FREEDOM COMMITTEE
>>
>> Resolution on Article 19 of the Universal Declaration of Human Rights
>>
>> The Coordinating Committee of Press Freedom Organizations, meeting  
>> in Belgrade June 18, 2008, hailed forthcoming United Nations  
>> commemorations of the 60th anniversary of the Universal Declaration  
>> of Human Rights and called upon UN bodies and their member states to  
>> act to implement their pledge of freedom of expression and of press  
>> freedom, as contained in the Declaration's Article 19:
>>
>>      "Everyone has the right to freedom of opinion and expression;  
>> this right includes freedom to      hold opinions without  
>> interference and to seek, receive and impart information and  
>> ideas      through any media and regardless of frontiers."
>>
>> While means of enforcement were not provided for when the UN voted  
>> that text on Dec. 10, 1948, it has been widely recognized by the  
>> world's most prestigious national and international courts as now  
>> constituting international customary law. It was a pledge by the  
>> international community to enshrine free speech and a free press  
>> among the fundamental rights for everyone everywhere.
>>
>> Article 19 has stood the test of time. The text was prescient. There  
>> is nothing to add and nothing to subtract. Its provision of the free  
>> flow of "information and ideas through any media and regardless of  
>> frontiers" made it possible to move from a world in which short wave  
>> radio was the main transfrontier news outlet to one that encompasses  
>> all later developments in communications technology, including  
>> direct satellite broadcasting and the Internet.
>>
>> Contrary to some later assertions, it was not produced solely by  
>> Western countries but by a globally representative group of  
>> countries. The Drafting Committee that wrote it comprised Australia,  
>> Chile, China, France, Lebanon, Soviet Union, United Kingdom, and  
>> United States, represented by Eleanor Roosevelt, who chaired the  
>> Committee. It was adopted without dissent by the UN General Assembly.
>>
>> The only problem with Article 19 is that it is not respected nor  
>> implemented everywhere. The time is long past for the United Nations  
>> to move to make it so. Those countries that ignore their commitments  
>> to respect freedom of expression and freedom of the press should be  
>> enjoined to do so.
>>
>> Failure to honor those commitments should be treated as a serious  
>> breach and should be sanctioned by such measures as exclusion from  
>> UN human rights bodies. The UN system should reinforce its aid to  
>> the development of independent news outlets everywhere.
>>
>> We members of the Coordinating Committee of Press Freedom  
>> Organizations, representing journalists and news outlets throughout  
>> the world, call upon the United Nations and its agencies to move now  
>> from their promise of global press freedom to adopt measures for  
>> implementation needed to transform that promise into practice.
>>
>>
>>
>> **************
>> Gas prices getting you down? Search AOL Autos for fuel-efficient  
>> used cars.
>> (http://autos.aol.com/used?ncid=aolaut00050000000007)  
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