[governance] Statement by IGC supporting rights and principles

Anja Kovacs anja at cis-india.org
Thu Sep 3 12:09:25 EDT 2009


Thanks, Lisa, for drafting the statement and Meryem for your additional
comments, which I fully agree with.  I did not intend for us to start
listing HR violations, but rather to remind government of their HR
commitments in a more general fashion, and of the fact that to uphold
those commitments, they need to take concrete action.  Meryem's emphasis
on the legally binding implications of the HR framework makes the same
point much more clearly and directly, and it would be great if this
issue could be highlighted in the statement. Perhaps we could therefore
delete the words 

"In addition to its legally binding implications" 

in the para that starts with these words in Meryem's version, and add
something along the following lines at the very end of that same para:

"We would like to remind all governments who have signed such HR
instruments that these do not simply constitute guidelines but have
legally binding implications. Governments responsibility to actively
uphold their citizens' human rights continues in the Internet era as
before".

I also suggest that we insert the word "repeats" in the first sentence
of the statement, so that it reads:

"The Caucus [and undersigned DCs] repeat their request[s] that the human
rights are given adequate attention in the programme for IGF-4 in
Egypt".    


My two cents,
Anja




On Thu, 2009-09-03 at 12:09 +0200, Meryem Marzouki wrote:
> Dear Lisa and all,
> 
> 
> Thanks for this statement which, I understand, is intended for oral
> presentation at next IGF preparatory meeting and complement the
> written statement already submitted. I'm sorry that I couldn't express
> in time my support to the latter.
> 
> 
> Below are some suggested amendments. While I agree that explicit HR
> violations and commitments shouldn't be included in such a statement
> at this step, I feel however needed to recall the legally binding
> character of HR standards (as translated into protocols and other
> binding conventions). Furthermore, I tried to get rid of this
> 'balance' wordings: HR standards _already_ reflect such a balance, so
> the point is to comply with these standards. The same applies to the
> 'rights and responsibilities' doxa: HR standards have precisely been
> defined -- and agreed -- so that they define these respective rights
> and responsibilities. Let's not fall into a trap which would only lead
> us to accept dilution, if not restrictions, of HR standards.
> 
> 
> My suggestions are highlighted in the draft statement below, hope this
> is readable -- and agreeable to IGC members.
> 
> 
> Best,
> Meryem
> 
> --
> Meryem Marzouki - http://www.iris.sgdg.org
> IRIS - Imaginons un réseau Internet solidaire
> 40 rue de la Justice - 75020 Paris
> 
> Le 2 sept. 09 à 18:53, Lisa Horner a écrit :
> > --------------------
> > 
> > 
> > DRAFT STATEMENT
> > 
> > 
> > The following statement is submitted on behalf of the Civil Society
> > Internet Governance Caucus [Comment: if agreed, we could make it a
> > joint statement by IGC and some dynamic coalitions].
> > 
> > 
> > The Caucus [and undersigned DCs] request[s] that the human rights
> > are given adequate attention in the programme for IGF-4 in Egypt
> > gives the required attention to human rights.  The WSIS Declaration
> > and Tunis Agenda reaffirmed the importance centrality of human
> > rights in the information society, but human rights and associated
> > principles have received very little attention at the IGF so far.
> > This is problematic as:
> > • Fundamental human rights including such as the rights to freedom
> > of expression, and privacy, and education are threatened by current
> > internet governance processes and practice.
> > • The internet presents new opportunities for upholding and
> > advancing human rights, for example through enhancing access to
> > knowledge and resources. It is vital that we build on and enhance
> > these opportunities.
> > • TIn addition to its legally binding implications, the human rights
> > framework is an internationally accepted agreed set of standards
> > that has practical as well as ethical value.  It contains guidelines
> > on how to balances different rights against each other to preserve
> > individual and public interest.  This makes it the required scheme
> > as well as a useful tool for addressing internet governance issues,
> > such as how to deal with security concerns on the internet in
> > compliance with the rights to freedom of expression and privacy
> > balance freedom of expression with concerns for security on the
> > internet.  TBesides stating obligations on States and governments,
> > the framework also allows to derive considers both rights and
> > responsibilities of other different stakeholders.   
> > 
> > 
> > The Internet Governance Caucus [and undersigned DCs] call[s] for
> > human rights standards issues to be included in addressed during the
> > planning and implementation of all IGF sessions, so that they are
> > given the attention they deserve as cross-cutting issues.  This
> > should include explicit consideration of how global, regional and
> > national policies affect fundamental rights, and the development of
> > positive policy principles to build an open and accessible internet
> > for all.  The Caucus [and undersigned DCs] would like to offer
> > assistance to the organisers of the main plenary sessions to do
> > this, and would like to support all stakeholders through providing
> > access to relevant guidelines and experts.
> 
> 
> 
> 
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Dr. Anja Kovacs
Fellow
Centre for Internet and Society
T: +91 80 4092 6283
www.cis-india.org 

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