[governance] Substance for IGF CS Opening and Closing speakers

[Paul Lehto]

After acknowledging the most recent emails, I throw out an idea for
supporting continuation of this work based on human rights frameworks,
and then throw out a "sketch" of internet rights as a function of the
right of everyone "to participate in cultural activities" given the
specific broad ways those words are defined in UN human rights
documents.

But first, most recently Meryem Marsouki aptly points out the other
covenant (on Economic, Social and Cultural Rights) in addition to the
Covenent on Civil and Political Rights, and gives the concise formula
for the International Bill of Rights (UDHR + CCPR + CESCR + additional
protocols).  Also, Wolfgang Benedek concisely pointed to the UDHR as
customary international law with the Covenants explicating the human
rights framework further.  The inter-relationship of various human
rights documents and rights is sometimes a bit more nuanced than
stated here but is fairly adequate for our purposes.

The Covenants impose affirmative proactive obligations of promotion,
including via international cooperation, in order to achieve the full
panoply of human rights.   This is not only requiring progressive
recognition of rights, but also their monitoring, studying, and more
effective recognition (which is something this group deals with).

This strikes me as one solid basis for an appeal for the continuation
as well as expansion of the kind of work and efforts we make.  For
example, paragraph 11 of the official comment on the Covenant on
Economic Social and Cultural Rights, in addressing states facing
resource problems in light of covenant language that requires states
to do the best they can, states both that (a) there is a bare-minimum
basement level below which no one may fall, and (b) "the obligations
to monitor the extent of the realization, or more especially of the
non-realization, of economic, social and cultural rights, and to
devise strategies and programmes for their promotion, are not in any
way eliminated as a result of resource constraints."

Since this group's already up and running, to eliminate it would be
regressive, and the comment says: "Moreover, any deliberately
retrogressive measures in that regard would require the most careful
consideration and would need to be fully justified by reference to the
totality of the rights provided for in the Covenant and in the context
of the full use of the maximum available resources. See Para. 9&10,
http://www.unhchr.ch/tbs/doc.nsf/%28symbol%29/CESCR+General+comment+3.En?OpenDocument

I'm not necessarily suggesting that renewal and/or expansion of this
work be expressly argued as a right, but rather that everyone and
especially every state that did support the work is fulfilling its
obligations (at least in part) under the International Bill fo Rights
to "monitor the extent of the realization," and "devise strategies and
programmes for their promotion" and that shortage of money is of
course no excuse really at all (if our work involves rights).

On the other hand, if our work for some reason didn't involve rights,
then funding and such would be a perfectly acceptable reason to
terminate.

I have some specific things to think about like the Covenant right of
everyone to participate in cultural activities.  As pasted below the
phrase "to participate" is a term of art with a very broad definition
in UN documents that already sweeps technology within it, and
"cultural" similarly includes technological development. The
definitions of both are in my P.S. and P.P.S. below.   I wonder if
anyone thinks the definitions, especially since the examples are
"inter alia" or "among others" and therefore not intended to limit the
general class to those named, would somehow exclude the internet from
within the meaning of 'culture' and 'participate.'

Unless there is an "authority" somewhere that has definitively and
finally ruled the internet totally not within the meaning of this
covenant (which anticipates, and indeed requires "progressive
realisation...") this would seem to be worth a bit more attention
since the internet is part of global culture as one of its main
descriptions.

Paul Lehto, J.D.

P.S.  Definition of "culture" and "cultural" in official comment
(paragraphs reversed)

13	The Committee considers that culture, for the purpose of
implementing article 15 (1) (a), encompasses, inter alia, ways of
life, language, oral and written literature, music and song,
non-verbal communication, religion or belief systems, rites and
ceremonies, sport and games, methods of production or technology,
natural and man-made environments, food, [...]

12.	The concept of culture must be seen not as a series of isolated
manifestations or hermetic compartments, but as an interactive process
whereby individuals and communities, while preserving their
specificities and purposes, give expression to the culture of
humanity. This concept takes account of the individuality and
otherness of culture as the creation and product of society.

P.P.S.
“To participate” or “to take part”
14.	The terms “to participate” and “to take part” have the same
meaning and are used interchangeably in other international and
regional instruments.
15.	There are, among others, three interrelated main components of the
right to participate or take part in cultural life: (a) participation
in, (b) access to, and (c) contribution to cultural life.
	(a)	Participation covers in particular the right of everyone — alone,
or in association with others or as a community — to act freely, to
choose his or her own identity, to identify or not with one or several
communities or to change that choice, to take part in the political
life of society, to engage in one’s own cultural practices and to
express oneself in the language of one’s choice. Everyone also has the
right to seek and develop cultural knowledge and expressions and to
share them with others, as well as to act creatively and take part in
creative activity;
	(b)	Access covers in particular the right of everyone — alone, in
association with others or as a community — to know and understand his
or her own culture and that of others  through education and
information, and to receive quality education and training with due
regard for cultural identity. Everyone has also the right to learn
about forms of expression and dissemination through any technical
medium of information or communication, to follow a way of life
associated with the use of cultural goods and resources such as land,
water,  biodiversity, language or specific institutions, and to
benefit from the cultural heritage and the creation of other
individuals and communities;
	(c)	Contribution to cultural life refers to the right of everyone to
be involved in creating the spiritual, material, intellectual and
emotional expressions of the community. This is supported by the right
to take part in the development of the community to which a person
belongs, and in the definition, elaboration and implementation of
policies and decisions that have an impact on the exercise of a
person’s cultural rights.
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