[governance] REVISION 2 Draft statement to UNSG on bypassing CSTD

[Jeremy Malcolm]

I think I have incorporated everyone's suggestions in what appears below.  If not, let me know.  If all is well, my feeling is that we can probably move swiftly to a consensus call.  If not, please contribute specific language that would address your dissatisfaction.

When the consensus call is made, responding to feedback from last time, I propose to experiment with Web-based polling, rather than the usual stream of "YES" and "NO" emails to the list (though the list can and should still be used for comments during the consensus call period).  If there are any objections to that, please say so now.

AN OPEN LETTER FROM THE INTERNET GOVERNANCE CAUCUS TO THE UNITED NATIONS SECRETARY-GENERAL, BAN KI-MOON

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  of the WSIS outcomes, including the IGF, was granted  to ECOSOC, with the actual review and assessment work tasked to the CSTD, one of its functional commissions, which for this purpose was to be strengthened "taking into account the multistakeholder approach".   (Tunis Agenda, para 105).  The "opening" of the CSTD to other stakeholders was formalized in ECOSOC decisions 2007/215, 2007/216, 2008/217 and 2008/218.  According to these decisions,  all WSIS-accredited NGOs, academic entities and private sector representatives were invited to  participate in the work of the CSTD.

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.  Its multi-stakeholder process, like that of the IGF itself, has been widely lauded as innovative and successful.  A similar approach has also resulted in success in other forums: for example, national and regional IGFs that have brought valuable contributions to the debates and dialogues in the main IGF.  There is therefore no reason for a sudden departure from this process on the question of the continuation of the IGF.

In contrast to the CSTD, ECOSOC itself is not a multi-stakeholder institution.  Whilst ECOSOC has accredited NGOs, their influence is limited and much of their expertise is not taken into consideration by ECOSOC.  More importantly, there are many NGOs that were accredited at WSIS but which are not in consultative status with ECOSOC, and the private sector has no representation within ECOSOC at all.  This makes it impossible to regard ECOSOC as a truly multi-stakeholder institution.

Consequently, 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. Should it not be possible to do this, civil society's confidence in the legitimacy of the resolution on the continuation of the IGF that is ultimately made by the General Assembly might well be reduced. 

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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