[governance] Draft statement to UNSG on bypassing CSTD

[Jeremy Malcolm]

As agreed, please find below a draft letter to the UNSG (United Nations Secretary-General) expressing our strong concern about the usurpation of the role of the civil society-friendly CSTD (Commission on Science and Technology for Development) in reviewing the conclusions of the UNSG on the continuation of the IGF.  This is based closely on Wolfgang's post to the list that followed on from mine and Yrjö's.  This is just a first draft, and I might have missed some recent discussions as I'm composing this in the air between the US and Europe.

Dear Sir,

As a strong supporter of the Internet Governance Forum (IGF) and its unique multi-stakeholder process, the Civil Society Internet Governance Caucus writes to express a concern about what we see as a potential weakening of that process, in the revelation at the last IGF open consultation meeting on 10 February that your recommendations on the continuation of the IGF will not be reviewed by the CSTD (Commission on Science and Technology for Development).  In raising this concern, we are joining our voice to those of several governments who spoke to similar effect at that open consultation meeting.

This recognition of the principle of "multistakeholderism" in the Tunis Agenda 2005 was the biggest conceptual achievement in WSIS and was in particular accepted as a guiding principle for Internet Governance in contrast to a "one stakeholder (intergovernmental) approach". The acceptance of civil society as an "equal parter" (in their specific role) was a big step for civil society. This was paved by the constructive and substantial work the civil society representatives did during WSIS I and II, documented in particular in the WSIS Civil Society Declaration, adopted in Geneva in December 2003 and handed over officially to the Heads of States (who accepted it) in the Closing Ceremony of WSIS I, and in the contribution to the results of the UN Working Group on Internet Governance (WGIG).  The launch of the IGF as a "multistakeholder discussion platform" was the result of this. 

Responsibility for system-wide follow-up and review of the WSIS outcomes, including the IGF, was granted to ECOSOC through its CSTD, and this role was to be managed using a multi-stakeholder approach (Tunis Agenda, para 105).  The "opening" of the CSTD was a very complicated procedure which was first (in 2006) established as a preliminary exception, but was later taken for granted (though never formalized).  It allows for all WSIS-accredited NGOs, and private sector representatives, to participate as active observers.  In fact, the ECOSOC decisions that opened CSTD up to other stakeholders speak about "participating in the work" of it, rather than just observing. 

With this structure in place, the CSTD drafted the annual ECOSOC resolutions on the WSIS follow-up for 2007-2009, including assessments on the performance of the IGF.  There is no reason for a sudden departure from this process on the question of the continuation of the IGF.

In contrast, ECOSOC itself is not a multi-stakeholder institution.  Whilst ECOSOC has accredited NGOs, all they can do is to send written statements which are published before the meeting. They have no right to negotiate, no right to speak, and no right to access the meeting room to brief (or lobby) delegates.  Moreover, the private sector has no representation within ECOSOC at all.

In other words, to move the debate to ECOSOC means to silence an open and transparent debate among governmental and non-governmental stakeholders. It would mark a return to the pre-WSIS time when civil society (and the private sector) were removed from the room after the ceremonial speeches of the opening sessions ended and the real debate started in June 2002. It took three years and ten PrepComs to change this.

We request you to take steps to redress this anomaly, by transmitting your recommendations on the continuation of the IGF to the CSTD for consideration at its May meeting, where they will be open for review by non-governmental stakeholders, as befits the review of a unique multi-stakeholder institution. We would also like to take this opportunity to reiterate our support for the continuation of the IGF as a multi-stakeholder forum for the discussion of Internet-related public policy issues, located in Geneva, with an independent budget and a Secretariat under contract with the United Nations Department of Economic and Social Affairs (UNDESA).

Thank you for your consideration.

-- 
Jeremy Malcolm
Project Coordinator
Consumers International
Kuala Lumpur Office for Asia Pacific and the Middle East
Lot 5-1 Wisma WIM, 7 Jalan Abang Haji Openg, TTDI, 60000 Kuala Lumpur, Malaysia
Tel: +60 3 7726 1599

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