[governance] Reposting Workshop 3: Transnational enforcement

[Everton Lucero]

FYI, this is an excerpt of the political declaration adopted by the
4th Summit of Heads of State/Government of India, Brazil and South
Africa (IBSA), held in Brasília, on April 15th 2010. I included only
the first portion on political issues. Please note paragraphs 15 and
16 on Internet Governance. There are also some important references to
IPR (paras. 12-14), on the social dimensions of globalization (paras.
6 and 7) and on gender issues (para. 8).


“_INDIA-BRAZIL-SOUTH AFRICA DIALOGUE FORUM FOURTH SUMMIT OF HEADS OF
STATE/GOVERNMENT
BRASÍLIA DECLARATION

15 APRIL 2010

The Prime Minister of the Republic of India, H.E. Dr. Manmohan Singh,
the President of the Federative Republic of Brazil, H.E. Mr. Luiz
Inácio Lula da Silva, and the President of the Republic of South
Africa, H.E. Mr. Jacob Gedleyihlekisa Zuma (hereinafter referred to as
“the Leaders”) met in Brasília, Brazil, on 15 April 2010 for the 4th
Summit of the India-Brazil-South Africa (IBSA) Dialogue Forum.

2. The Leaders highlighted that the three countries’ commitment to
democratic values, inclusive social development and multilateralism
constitutes the basis for their growing cooperation and close
coordination on global issues. They noted that a first round of IBSA
Summits of Heads of State/Government (Brasilia, 2006; Tshwane, 2007;
New Delhi, 2008) has strengthened
the three countries resolve to continue to work for enhancing the role
of developing countries, increasing the interchanges amongst
themselves with the participation of their peoples, and for
implementing concrete projects in partnership with other developing
countries.

3. Recalling the Declarations and Communiqués issued during the
previous Summits, they took the opportunity to deliberate on the
topics hereunder.

Global Governance

4. The Leaders reaffirmed their commitment to increase participation
of developing countries in the decision-making bodies of multilateral
institutions. They also reiterated the urgent need for the reform of
the United Nations (UN) to render it more democratic
and consistent with the priorities of developing countries. They
particularly emphasized that no reform of the United Nations will be
complete without a reform of the UN Security Council (UNSC), including
an expansion in both permanent and nonpermanent
categories of its membership, with increased participation of
developing countries in both. Such reform is of the utmost importance
for the UNSC to reflect geopolitical realities and to have the
representativeness and legitimacy it needs to face contemporary
challenges. They committed to keep close coordination amongst the
three countries and the broader UN membership to achieve substantial
progress in the intergovernmental negotiations on UNSC reform
presently underway in New York. They recalled that an
overwhelming majority of the UN member states agreed to proceed with a
fifth round of intergovernmental negotiations based on a negotiating
text.

5. The Leaders stressed the need to reform the Bretton Woods
Institutions in order to increase their effectiveness and enhance
their accountability, credibility and legitimacy. They stressed the
importance of increasing the role of developing countries in these
institutions.

The social dimensions of globalization

6. The Leaders reaffirmed that people must come first in the
formulation and implementation of public policies, allowing for fair,
equitable and sustainable development. They considered this issue a
relevant priority in the context of an increasingly globalized
world, in which the economic and financial crisis, and the
restructuring of the international financial architecture that ensued,
directly affect the welfare of people, particularly of vulnerable
groups. In this regard, they stressed the need to strengthen social
policies and to fight hunger and poverty, especially in times of
global economic crisis.

7. The Leaders also reiterated the need to promote a job-intensive
recovery from the downturn and create a framework for sustainable
growth. In this context, they underlined their support for the global
jobs pact, adopted by the 98th session of the international labour
conference, which, while demonstrating the linkages between social
progress, economic development
and recovery from the crisis, offers policy options adaptable to
national needs and circumstances. The Leaders also reaffirmed that
their actions in response to the crisis are guided by the
International Labour Organization (ILO) decent work agenda and the
2008
declaration on social justice for a fair globalization.

Gender

8. The Leaders stressed the importance of empowering women, increasing
their participation in economic activities and addressing the negative
impact of the international financial crisis on their situation. They
received with satisfaction a letter from the IBSA
Women’s Forum and instructed all areas of government involved in IBSA
cooperation to pay due attention to its recommendations. In addition,
the Leaders reiterated their support for the full implementation of UN
Resolution 1325 (2000). They also recalled the
importance of formulating and implementing appropriate policies and
programs in accordance with the Convention on the Elimination of all
Forms of Discrimination Against Women (CEDAW) and the Beijing Platform
of Action.

Human Rights

9. The Leaders attached the highest priority to human rights issues
and acknowledged the positive advance represented by the creation and
functioning of the Human Rights Council. They noted the importance of
their close collaboration therein. They expressed their hope that the
2011 review will result in a further strengthening of the Council.

10. They also emphasized the need to continue to strengthen
international human rights law, norms and standards, particularly in
the area of racism, racial discrimination, xenophobia and related
intolerance, in accordance with the International Convention on the
Elimination of All Forms of Racial Discrimination.

11. The Leaders welcomed the adoption of an IBSA proposal in the Human
Rights Council related to the importance of access to medicine
(A/HRC/RES/12/24).

Intellectual Property Rights

12. The Leaders recognized that innovation plays a central role in
addressing the key global challenges of our times such as food
security, poverty eradication, health, access to knowledge and climate
change. They emphasized, in this context, the need for
a balanced international intellectual property system capable of
meeting those challenges on a truly global scale and reducing the
technological gap. To that effect, they called for the full
implementation of the Development Agenda of the World Intellectual
Property Organization (WIPO).

13. They warned against attempts at developing new international rules
on enforcement of intellectual property rights outside the appropriate
fora of WTO and WIPO, that may give free rein to abuses in the
protection of rights, the building of barriers against
free trade and undermining fundamental civil rights.

14. They further expressed renewed concern about the continuous
application of enforcement measures that allow seizures of generic
medicines in transit to developing countries, in violation of World
Trade Organization (WTO) rules and posing a serious threat to
developing countries access to medicines.

Internet Governance

15. The Leaders reaffirmed their commitment to working together
towards a people-centered, inclusive and development-oriented
Information Society and their agreement to continue to coordinate
positions for the World Summit on Information Society (WSIS)
folllow-up mechanisms, as well as in the other fora and organizations
related to the Information Society and Information and Communication
Technologies (ICTs).

16. The Leaders highlighted the importance of building a wide
political concertation at international level for making the global
internet governance regime as multilateral, democratic and transparent
as provided by the WSIS. They recognized the advances reached by the
multistakeholders participants in the international dialogue on
internet governance in the last five years. They recalled, with
satisfaction, the fruitful coordination amongst IBSA countries and the
efforts of Brazil and India for hosting the second and third editions
of the Internet Governance Forum, held in Rio 2007 and Hyderabad 2008,
respectively.

Climate Change
 (...)"
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