[governance] Sharing the APrIGF 2012: Southeast Asian Civil Society Joint Statement
William Drake
william.drake at uzh.ch
Wed Aug 1 02:12:54 EDT 2012
Wot, no complaints about the DNS root zone? There are other issues?
On Jul 31, 2012, at 10:26 PM, Fouad Bajwa wrote:
> Shared elsewhere by a colleague, kindly find attached documents or simply the statement below as well as the endorser and issuer info. --Fouad
>
> APrIGF 2012: Southeast Asian Civil Society Joint Statement
> From: john liu - forum-asia.org
> Date: 31 July 2012
>
> Please find attached a joint statement released today by Southeast Asian
> civil society delegates to the recently-concluded APrIGF in Tokyo. The
> statement includes our positions on issues of concern relating to the
> Internet that we have highlighted during the APrIGF, as well as
> recommendations to the MSG on improvements to the APrIGF process.
>
> We hope that this statement will help in your work, and that some of the
> points will be reflected in the report to the Global IGF in Baku, as well
> as in discussions for the next APrIGF.
>
> Please feel free to get back to us should you have any questions. All
> signatories of this statement are copied on this email.
>
> Thank you.
>
> Best wishes,
> John Liu
> Asian Forum for Human Rights and Development (FORUM-ASIA)
>
> -----
>
> Statement of Civil Society Delegates from Southeast Asia to
>
> 2012 Asia-Pacific Regional Internet Governance Forum (APrIGF)
>
>
> 31 July 2012
>
> * *
>
> *Southeast Asian Civil Society Groups Highlight Increasing Rights
> Violations Online, Call for Improvements to Internet Governance Processes
> in the Region*
>
> * *
>
> We, the undersigned civil society delegates from Southeast Asia who
> attended and participated in the 2012 Asia-Pacific Regional Internet
> Governance Forum (APrIGF) <http://2012.rigf.asia/> on 18-20 July 2012 in
> Tokyo, Japan, make this statement upon the conclusion of the meeting to
> highlight the concerns that we raised throughout the forum.
>
>
> We engaged in this meeting with the objective of raising human rights
> concerns in relation to the Internet, particularly on issues of freedom of
> expression and access to information online, as well as the role of civil
> society in Internet governance and policymaking. We organised two panel
> discussions, namely “Internet in Asia: Space for Free Expression and
> Information”<http://2012.rigf.asia/session-c4-internet-for-asia-space-for-free-expression-information/>
> and “Civil Society in Internet
> Governance/Policymaking”<http://2012.rigf.asia/session-b5-civil-society-in-internet-governance-policy-making/>
> during
> the 2012 APrIGF. Through these panel discussions, as well as in other
> sessions that we participated in, we raised the following human rights
> concerns in relation to the Internet:
>
>
> *Increasing censorship and attacks to online expression*
>
>
> The space for free expression on the Internet is shrinking. Many
> governments are extending censorship and control of traditional media to
> the Internet. In most cases, censorship measures are implemented in a
> non-transparent manner, which makes it difficult to determine whether the
> measures taken are in accordance with international laws and standards.
>
>
> In some countries, citizens who make use of the free space on the internet
> as bloggers, citizen journalists or social media users become targets of
> attacks, arrest, and/or threats by state security agents. These actions by
> state authorities produce a chilling effect on internet users resulting in
> widespread self-censorship of social and political expression for fear of
> reprisals from the government or its agents.
>
>
> We thus call upon all governments to ensure that any measure to limit
> freedom of expression and the right to information are in accordance with
> international human rights laws and standards, particularly Article 19(3)
> of the International Covenant on Civil and Political Rights (ICCPR), which
> allows for limitations only on narrow and clearly-defined grounds, by
> passing the “three-part, cumulative
> test”<http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf>
> following
> the principles of necessity, proportionality (ensuring that it is the least
> restrictive measure) and transparency. Furthermore, any limitation to
> freedom of expression, including censorship measures, must be determined by
> an independent judicial body, and not left to the arbitrary powers of
> governments or intermediaries. These parameters must apply in all
> circumstances including during state of emergency and in name of national
> security or public order.
>
>
> *New laws and legislative amendments that curb freedom of speech online*
>
>
> We are further alarmed by the growing number of laws and policies in
> Southeast Asia that negatively impact freedom of expression on the
> Internet. While we recognise the need to address cybercrime and legitimate
> national security concerns, we are concerned that such laws seek to extend
> media censorship and criminal defamation to the internet, and are also
> being used to criminalize individuals or organizations expressing or
> sharing legitimate social or political critique.
>
>
> We reiterate that any restriction to freedom of expression on the Internet
> must not risk citizens’ rights to hold opinions without interference and to
> freedom of thought, conscience and religion as stipulated in Article 18 of
> the ICCPR, and it must not be subject to lawful derogation as outlined in UN
> General Comment No. 34<http://www2.ohchr.org/english/bodies/hrc/docs/gc34.pdf>.
> We stress that any introduction of new laws or legislative amendments,
> particularly those that could potentially impact human rights, must involve
> extensive, inclusive and meaningful public consultations. We further urge
> all governments in Southeast Asia to decriminalise defamation both online
> and offline.
>
>
> Additionally, we emphasize that the rule of law and the independence of the
> judiciary remain among the key challenges to democracy in Southeast Asia.
> Law-enforcement agencies and justice systems must presume innocence until
> defendants are proven guilty, regardless of whether or not defamation is
> criminal. Certain legislation, including those laws that criminalize
> online speech and expression, are worth noting here as examples of
> legislation in Southeast Asia that warrant close monitoring of their
> enactment or enforcement:
>
>
> · Burma – The 2004 Electronic Transactions Act
>
> · Cambodia – The 2012 Draft Cyber-Law, the 1995 Press Law, and the
> 2010 Penal Code
>
> · Malaysia – The 2012 Amendment to the Evidence Act and the 2011
> Computing Professionals Bill
>
> · Indonesia – The 2008 Law on Information and Electronic
> Transaction and the 2008 Law on Pornography
>
> · The Philippines – The 2012 Data Privacy Act
>
> · Thailand – The 2007 Computer Crimes Act, the Article 112 of the
> Penal Code, and the 2004 Special Case Investigation Act
>
> · Vietnam – The 1999 Penal Code, the 2004 Publishing Law, the 2000
> State Secrets Protection Ordinance, and the 2012 Draft Decree on Internet
> Management
>
>
> *Intermediary liability*
>
>
> We express our deep concern over the increasing pressures by governments on
> internet service providers and content hosts to monitor, regulate and
> censor online content. Consequently, such intermediaries are increasingly
> being held legally and criminally liable for online content, including
> content posted by other users.
>
>
> We reiterate that the regulation of content on the Internet should be
> determined by an independent judicial body, and not be left to
> intermediaries. We further echo the call by the UN Special Rapporteur on
> the promotion and protection of the right to freedom of opinion and
> expression that intermediaries should not be held liable for online content.
>
>
> *Violations by non-State actors, including those employed by governments*
>
>
> Finally, we are alarmed at the rise of internet vigilante groups acting on
> behalf of governments or powerful institutions to help monitor sensitive
> information posted over the Internet through personal websites and social
> media. Such groups often target persons expressing unpopular opinions and
> subject them to abusive behaviour and threats. In some cases, such threats
> have been carried out off-line in the form of discriminatory treatment,
> physical attacks and even state prosecution of these targets. In addition,
> critical and independent websites are frequently being targeted for hacking
> and DDoS attacks.
>
>
> We strongly remind all governments that it is their primary obligation to
> promote and protect human rights, and this includes protecting its
> citizens’ exercise of the right to freedom of opinion and expression from
> violations by non-state actors online.
>
>
> *Improving the APrIGF Process*
>
>
> While we support and uphold the multi-stakeholder process of the IGF, and
> value the opportunity to contribute to the global dialogue around these
> crucial issues, several aspects of the APrIGF are in need of improvement:
>
> - Participation by governments across Asia was minimal despite the
> multi-stakeholder framework that this forum purports to promote. This has
> inevitably limited the dialogues between the different stakeholders on
> Internet governance in the Asia-Pacific region.
>
> - Similarly, there was also inadequate civil society participation at
> the APrIGF 2012. One of the reasons to this is that there is a perception
> that the APrIGF is a largely ineffective forum in making needed efforts to
> advance human rights in cyberspace.
> - Multi-stakeholder discussions on and approaches to emerging human
> rights issues concerning the Internet were largely limited at the APrIGF
> 2012.
> - Finally, there was a marked absence or lack of critical assessment of
> the progress with regard to the implementation of recommendations made at
> the previous APrIGF. This has contributed to the perception of the APrIGF’s
> ineffectiveness.
>
>
> *Recommendations to the APrIGF Multi-stakeholder Strategy Group*
>
>
> In view of these shortcomings and with the hope of improving upon the 2012
> APrIGF, we offer the following recommendations to the APrIGF
> Multi-stakeholder Strategy Group for future iterations of this event:
>
> ● To facilitate more robust dialogue and more engagement of those
> participants who are not speaking on panels, we recommend *a more
> participatory process for sessions*, with fewer time spent on panel
> presentations, and more time dedicated to questions and comments from those
> in the audience.
>
> ● In the interest of more a diverse dialogue, we recommend that
> efforts be made to enlarge and broaden the spectrum of attendees at the
> event. Special effort should be made to *encourage government and civil
> society participation*, especially in view of the rare opportunity to
> discuss such issues within the host country. Additionally, *the
> affordability of the host city and the need for financial assistance *should
> be taken into account as a factor that may make civil society participation
> more or less likely.
>
> ● To encourage broader participation in session dialogues and bolster
> engagement of civil society, we recommend that strong efforts be made
> to*facilitate
> inbound remote participation via video conferencing*. In addition to the
> valuable service of live web-casting, remote participants should be
> empowered to ask questions and make comments within a panel. This could be
> facilitated with greater integration of social media, within the APrIGF
> website.
>
> ● To ensure that all issues are well-represented within the
> conversations at the APrIGF, we recommend that *at least one plenary
> session be dedicated to social issues in internet governance*, such as
> online freedom of expression, access to information and digital divide.
>
> ● To ensure that progress is made on issues discussed at the APrIGF
> from one year to another, we recommend that *one plenary session be
> dedicated to looking back at the issues raised and recommendations made at
> the previous APrIGF*, and critically assessing progress made on those
> issues.
>
>
> *Recommendations to Southeast Asian governments*
>
> * *
>
> In addition, we make the following specific recommendations to our
> respective governments in Southeast Asia:
>
> - ASEAN governments must ensure that *the ASEAN Human Rights
> Declaration* explicitly
> and unequivocally protects the right to freedom of expression and freedom
> of information in accordance with international human rights laws and
> standards.
> - ASEAN governments should issue a joint statement to *pronounce their
> commitment to uphold Internet freedom*.
>
>
> - All regional governments should *involve civil society meaningfully
> and inclusively in Internet policymaking*, especially in drafting laws
> and policies that potentially impact human rights, including in
> regional-policy arena that involve the issues related to ICT and internet
> governance, such as:
> - Regional economic integration by 2015 under the ASEAN Economic
> Community (AEC). <http://www.aseansec.org/18757.htm>The AEC’s areas
> of cooperation include a focus on internet governance, such as: “enhanced
> infrastructure and communications connectivity”; and “development of
> electronic transactions through e-ASEAN”. Currently, the AEC encourages
> only business sector participation and not civil society.
> - The ASEAN CIO Forum <http://www.aseancioforum.com/Home.aspx> under the
> ASEAN ICT Master Plan
> 2015<http://www.aseansec.org/documents/ASEAN%20ICT%20Masterplan%202015.pdf>
> also
> opens participation only to business sectors. The forum focuses on
> CIO16 <http://www.aseancioforum.com/AboutUs/CIO16.aspx> and its
> objective is to “Taking leadership in collaboration and
> transformation for
> a competitive, highly productive and envisage a
> concrete/positive ASEAN ICT
> community.” The master plan aims to minimize digital divide and
> make ICT in
> the region be empowering, transformational, inclusive, vibrant, and
> integrated for the people by 2015.
> - All regional governments should attend and engage in regional IGFs to
> dialogue with other stakeholders, including civil society, on regional
> issues concerning the Internet.
>
>
>
>
> Signed by:
>
>
> Arthit SURIYAWONGKUL
>
> Coordinator
>
> Thai Netizen Network <https://thainetizen.org/>
>
> Bangkok, Thailand
>
> E-mail: arthit at gmail.com
>
> Tel: +66 87 504 2221
>
> Pirongrong RAMASOOTA
>
> Thai Media Policy Center <http://thai-mpc.org/> Bangkok, Thailand
>
> E-mail: pirongrong.r at gmail.com
>
> Tel: +66 89 770 8911
>
> Triana DYAH
>
> Head, Information & Documentation Division
>
> The Institute for Policy Research and Advocacy
> (ELSAM)<http://www.elsam.or.id/new/index.php>
>
> Jakarta, Indonesia
>
> E-mail: office at elsam.or.id
>
> Tel: +62 21 7972662 , 79192564
>
> Fax: +62 21 79192519
>
>
>
>
>
>
> Edgardo LEGASPI
>
> Alerts & Communication officer
>
> Southeast Asian Press Alliance (SEAPA) <http://www.seapabkk.org/>
>
> Bangkok, Thailand
>
> E-mail: epl at seapa.org
>
> Tel: +66 8 1116 5137
>
> Fax: +66 2 2448749
>
> Sean ANG
>
> Executive Director
>
> Southeast Asian Centre for e-Media (SEACeM) <http://seacem.com/>
>
> Kuala Lumpur, Malaysia
>
> E-mail: sean at seacem.com
>
> Tel: +60 3 2284 3367
>
> Fax: +60 3 2289 2579
>
> Victorius (Ndaru) EPS
>
> Jakarta, Indonesia
>
>
>
>
>
>
>
>
> NGETH Moses
>
> Communication Coordinator
>
> Community Legal Education Center (CLEC) <http://www.clec.org.kh/>
>
> Phnom Penh, Cambodia
>
> E-mail: Moses at clec.org.kh
>
> Tel: (855) 66 777 010
> Fax: (855) 23 211 723
>
> Sovathana (Nana) NEANG
>
> Phnom Penh, Cambodia
>
>
> YAP Swee Seng
>
> Executive Director
>
> Asian Forum for Human Rights and Development
> (FORUM-ASIA)<http://www.forum-asia.org/>
>
> E-mail: yap at forum-asia.org
>
> Tel: +66 81 868 9178
> Fax: +66 2 6379128
>
>
>
>
>
>
> Endorsed by:
>
>
>
>
>
> ICT Watch (Indonesian ICT Partnership Association)
>
> Jakarta, Indonesia
>
> Email: info at ictwatch.com
>
> Tel: (021) 98495770
>
> Fax: (021) 8280691
> --
> John Liu
> East Asia (Southeast and Northeast Asia) Programme Officer
> Asian Forum for Human Rights and Development
> (FORUM-ASIA)<http://www.forum-asia.org/>
> 66/2 Pan Road, Silom, Bang Rak, Bangkok, 10500 Thailand
> Tel: +66 2 637 9126 | Fax: +66 2 637 9128
> <APrIGF-Joint Statement-FINAL.pdf><APrIGF-Joint Statement-FINAL.docx>____________________________________________________________
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