AW: [governance] Statement by IGC supporting rights and principles
matthias.kettemann at uni-graz.at
matthias.kettemann at uni-graz.at
Tue Sep 8 09:11:55 EDT 2009
Hi,
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)
* 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***.
As Parminder:
"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."
Kind regards
Matthias
--
Matthias C. Kettemann
Harvard LL.M. Class of 2010
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-----Ursprüngliche Nachricht-----
Von: Meryem Marzouki [mailto:marzouki at ras.eu.org]
Gesendet: Di 08.09.2009 13:33
An: governance at lists.cpsr.org
Betreff: Re: [governance] Statement by IGC supporting rights and principles
This v.3 is fine with me. Thanks Lisa.
Best,
Meryem
Le 8 sept. 09 à 13:03, Lisa Horner a écrit :
> Hi all
>
> I agree that the original wording was too sweeping, but also think
> that Meryem's point that it's not just governments who are the
> culprits is an important one. Companies are obviously involved in
> online censorship and privacy violations, whether wittingly or
> unwittingly, and many are pushing for overly restrictive copyright
> which can limit access to information and expression.
> Organisations and individuals who are involved in technological
> design and standard setting also need to be aware of their impact
> on the nature of communications technologies and whether they
> support or undermine human rights.
>
> However, as has already been discussed, we need to strike a balance
> between a general, awareness-raising statement and being explicit
> enough so as not to confuse/mislead. How about:
>
> "Fundamental human rights such as the rights to freedom of
> expression, privacy and education are threatened by some internet
> governance processes and practices. Of particular concern are the
> policies that many governments are pursuing at the national level."
>
> New draft statement 3 pasted below, incorporating Meryem's
> suggestions about rights instruments.
>
> Thanks,
> Lisa
>
> ---------------------------------------
>
> DRAFT STATEMENT (v.3)
>
> The Caucus [and undersigned DCs] repeat their request that the
> programme for IGF-4 in Egypt gives the required attention to human
> rights. The WSIS Declaration and Tunis Agenda reaffirmed the
> 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 such as the rights to freedom of
> expression, privacy and education are threatened by some internet
> governance processes and practices. Of particular concern are the
> policies that many governments are pursuing at the national level.
> * 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.
> * International human rights instruments are legally binding.
> Governments who have signed these covenants have a legal obligation
> and responsibility to uphold their citizens' human rights actively,
> in the Internet era as before.
> * The human rights framework is an internationally agreed set of
> standards that has also has practical as well as ethical value. It
> balances different rights against each other to preserve individual
> and public interest. In addition to its legally binding
> implications, the framework is therefore 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. Besides stating the obligations
> of states and governments, the framework also allows us to derive
> the rights and responsibilities of other stakeholders.
>
> The Internet Governance Caucus [and undersigned DCs] call for human
> rights standards to be included in 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.
>
> -----Original Message-----
> From: William Drake [mailto:william.drake at graduateinstitute.ch]
> Sent: 08 September 2009 11:07
> To: governance at lists.cpsr.org; Meryem Marzouki
> Subject: Re: [governance] Statement by IGC supporting rights and
> principles
>
>
> On Sep 8, 2009, at 11:49 AM, Meryem Marzouki wrote:
>
>>
>> Le 8 sept. 09 à 11:38, William Drake a écrit :
>>
>>> Hi Meryem,
>>>
>>> On Sep 8, 2009, at 11:15 AM, Meryem Marzouki wrote:
>>>
>>>> Such a short statement, which purpose is to put the HR issue on
>>>> the table at IGF -- and nothing more -- should remain general
>>>> enough.
>>>> If there is real and shared insistance that the sentence be
>>>> watered down, then we could says "... threatened by SOME current
>>>> IG processes and practice". Although this seems obvious..
>>>> Finally, a statement should be read in its globality. The final
>>>> paragraph mentions "global, regional and national policiies",
>>>> showing that the statement makes a difference between these
>>>> policies at different levels.
>>>
>>> My suggestion pertained to the examples Ginger gave, which were of
>>> national level government censorship. If you'd like to suggest
>>> more encompassing yet differentiated language and try to get
>>> consensus on it feel free, but as McTim notes, "are threatened by
>>> current internet governance processes and practice" seems too
>>> sweepingly totalizing.
>>
>> If it seems totalizing, then let's make sure there is no
>> misunderstanding, and have the statement simply says "... threatened
>> by SOME OF THE current IG processes and practice". Is that agreeable
>> to you and Mc Tim?
>
> Sure it's agreeable, but I doubt it ensures there'll be no
> misunderstanding.
>
> Cheers,
>
> Bill____________________________________________________________
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