[governance] Fwd: UN Human Rights Council [Possible Statement from IGC???]

[Koven Ronald]

Dear All --


Herewith a proposed rewrite, attempting to simplify and clarify.


Each paragraph of the original draft is followed in italics by a proposed edited version.



Best regards, Rony Koven




Rightswithout borders – also known as human rights – have met their technologicaltwin in the form of the global Internet, a technology without borders.
 
The Internet hastransformed the reality of human rights by creating a space wherecommunications can become universally participatory and truly flow in all directions, regardlessof frontiers, instead of the previous situation in which information flows were largelytop to bottom, flowing from content creators to content consumers. 
 
Theopen architecture of the Internet creates a new global commons that facilitates and enhances many pre-existinghuman rights, including but not limited to rights of free expression, rights ofinformation, petition, association and assembly, creative rights, and the rightto earn a livelihood and contribute to the culture of society. Internettechnology and design choices simultaneously extend human interaction inmultiple directions regardless of borders, at a far lower cost, and on a moredemocratic basis than previously imaginable.
 
[Previous graf unchanged,adding the word “global” before “commons.”]
 
Thispowerful symbiosis between natural birthrights and the nature of the Internetas a rights-enhancing technology has caused discourse about the Internet toincorporate many lofty attributes that are further fueled by already beingpartially realized, causing (among other things) thought leaders regarding theInternet to sometimes be referred to as “evangelists.” Generally speaking,these rights-enhancing aspects have caused the Internet to reach the loftiestplanes of human hope, joining democracy and religion at the level of promising“a more abundant life” for all, without the prominent downsides oftenassociated with some actual implementations of government and religion.
 
[Drop the previous graf. Religionshould be left out of this.]
 
Themost powerful question to ask concerning human rights on the Internet is notwhere these rights arise from or how they may be further enforced in courts,but where any claimed “right” to interfere with the freedom of the Internetarises from.  How can such a right of interference with freedom ofexpression be legitimately theorized, asserted and enforced? Because the verynature of the Internet is to facilitate free expression, and given that theInternet as a whole is both owner-less and international, how can any singlebusiness, national government, or person obtain and enforce a right tointerfere with the international freedom of the Internet? Any lack of claritythought to exist by some regarding where human rights “come from” simply palesin comparison to the lack of clarity of any asserted right to interfere withthe freedom of others on the Internet.  Any hypothetical “right tointerfere” with inherent human rights of freedom of expression is far moredifficult to justify and explain than upholding the natural human urge forself-expression and self-determination as a right.  Thus, absent highlyexceptional circumstances, in a contest between interference and freeexpression, free expression always has the better case, regardless of whetherfree expression is thought of as an enforceable legal right or not.
 
By its very nature, theInternet makes possible the facilitation of universal free expression. Giventhat the Internet is both ownerless and borderless, no single business,national government, or person has a right to interfere with the worldwidefreedom of the Internet. Any limit to the natural human right offreedom of expression has become far more difficult to justify and explain. Exceptin extraordinary circumstances that should be as narrowly defined as possible, restrictions to freedom of expression on and off line now seem even moreillegitimate than ever.
 
Accessto the full benefits and promise of the Internet can be interfered with orimpeded at numerous levels and by numerous actors, including businesses,governments, individuals, engineers, web designers, administrators. Arguably,businesses are in the position to make more choices that actually orpotentially impair or impede human rights on the Internet than government. Some“governmental” interference with the Internet is driven by business concernlobbying, such that much “governmental” interference can be attributed tobusinesses. Regardless of the relative amounts of responsibility one may assessto each, it is extremely clear that both governments and businesses can and areacting in ways that interfere with the Internet, either by failing to fullyunderstand the Internet, or by pursuing narrow interests over the publicinterest as a whole. Any such government or business that acts to impair orimpede the global freedom of the Internet should not be heard to claim thatthey “have the Internet” (in the case of a nation that filters or otherwiseinterferes) or that they “support the Internet” (in the case of a businessacting in fact to impede access to the full Internet, or censor content, etc.)
 
The Internet can beinterfered with or impeded at numerous levels and by many actors, includingbusinesses, governments, individuals, engineers, web designers, administrators.Commercial interests are often better able to impair or impede humanrights on the Internet than governments. Some ostensibly governmentalinterferences with the Internet are driven by business lobbying. In othercases, businesses may mask the reality that they are in fact imposinglimits for political reasons dictated by governments. Regardless of theirrelative responsibilities, both governments and businesses can and have actedin ways that interfere with the Internet, either out of failure to understand its nature and technology or in pursuit of narrow interests. Thosewho interfere with global or local Internet freedom should not be allowed toclaim that they act in its support.
 
AlthoughInternet companies are obliged to abide by national legal rules of hostcountries, they are even more obliged to follow global human rights laws likefreedom of expression than those national laws. Claims that domestic lawsrequire business cooperation with censorship, etc. should be met with theassertion of higher laws and norms than those of a single country.
 
Although Internet companiesmust follow the laws of host countries, they are also obliged to respectuniversal human rights, notably freedom of expression. Claims that domesticlaws require businesses to cooperate with censorship or other restrictionsshould be countered by invoking the obligations of national governments tohonor the universal human rights texts that bind them.
 
Inthe general context of market freedom, the development of new technologies willalways precede the question of the extent of their regulation. Yet, as humanactivity in the technology expands, some form of regulation is inevitable, justas it is impossible to imagine cities without any regulation, even though lackof regulation is possible in the countryside or wilderness. However, the paceof innovation and expansion on the Internet guarantees that no regulator cansufficiently keep pace. This requires deep commitment to human rights on thepart of engineers and others who are creating the Internet in real time.
 
The pace of development ofcontemporary communications technology in a globalized free market seems bound to continue to outstrip the ability of regulators to keep up. Someregulation seems inevitable, given the complexity of modern societies. It will inevitably lag behind the pace of innovation and expansion of the Internet.This requires deep commitment to and understanding of human rights by the systemsdesigners who modify the Internet environment in real time.
 
Thepre-existing duty of all nations to support the diffusion of educationconcerning human rights takes on a special urgency and importance in thecontext of the Internet, because important structural and design decisionsregarding the Internet will always continue to be made by Internet engineersand administrators at a speed and at a point in time where it is impossible fordetailed guidance or best practices to exist. In direct effect, the “governance”of the Internet, in significant part, takes place in real time and in diverseplaces, often by engineers and programmers making design decisions, making adecentralized awareness and knowledge of human rights norms by people workingon the Internet especially critical to preventing serious human rights issuesfrom emerging. Knowledge about human rights, like the Internet itself, is aform of power that not only can be decentralized, but must be decentralized,given the diffuse points of potential impact on rights on the Internet, and thelack of any centralized ownership or control that can legitimately affect thewhole.
 
The obligation of allgovernments to promote knowledge of human rights has taken on new urgency in the Internet era because basic structural and design decisions aboutcyberspace will continue to be made by Internet engineers and administrators ata speed that defies the possibilities of detailed policy guidance or adoptionof best practice norms. Understanding of human rights must therefore be generalized so asto avert their inadvertent compromise.
 
Therefore,the IGC declares that the Internet is, and by rights ought to be, a place forthe full expression of human freedoms and equality, the IGC condemns violationsof human rights on the Internet and wherever else they may occur, and the IGCcalls upon the United Nations and all people to support the utmost diffusion ofeducation about human rights so that developers, engineers, administrators andusers of the Internet can maximize the value of the Internet as an enhancementof the human experience for all people, making ever more real the humanflourishing that is both the reality and the promise of the Internet, and doingso “without regard to frontiers.” 
 
The Internet GovernanceCaucus of the Internet Governance Forum therefore declares that the Internetis, and by right ought to be, a place for the full expression of human freedomsand equality. The IGC condemns violations of human rights both on the Internetand elsewhere. The IGC calls upon the United Nations and all people to supportthe widest spread of human rights education so that those who continue todevelop and use the Internet may maximize its ability to enhance the humanexperience and to turn into reality the promise of the Universal Declaration ofHuman Rights to do so “through any media and regardless of frontiers.”
 
-----Original Message-----
From: Salanieta T. Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com>
To: Adam Peake <ajp at glocom.ac.jp>; McTim <dogwallah at gmail.com>; Izumi AIZU <iza at anr.org>
Cc: Paul Lehto <lehto.paul at gmail.com>; governance <governance at lists.igcaucus.org>
Sent: Tue, Feb 28, 2012 8:00 pm
Subject: [governance] Fwd: UN Human Rights Council [Possible Statement from IGC???]


Dear All, 


>From this email, you will see that the Statement was put up for 48 hour period, see email below.


Sala


However, to factor in your concerns, I have made a final call for consensus. 


---------- Forwarded message ----------
From: Salanieta T. Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com>
Date: Mon, Feb 27, 2012 at 8:28 AM
Subject: Re: UN Human Rights Council [Possible Statement from IGC???]
To: governance at lists.igcaucus.org, Shahzad Ahmad <shahzad at bytesforall.pk>
Cc: Robert Guerra <rguerra at privaterra.org>



Thank you Paul for responding to the call to initiate a Draft which is no easy feat especially trying to weave a complex topic that has numerous issues to a cohesive succint statement.
 
The Statement is now up on the Statement Workspace and open to comments and contributions. Please note that we would like to release this and wrap this up in time by at least the 29th February, 2012.
 
Please visit: http://www.igcaucus.org/digressit/archives/34




On Fri, Feb 24, 2012 at 10:07 AM, Salanieta T. Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com> wrote:

Dear All,

I had asked the IGC whether people were interested in putting a statement. If we are, then this is a great time to initiate a draft so we can call for contributions and get feedback and put to the list for 48 hours through the statement workspace which can then be sent on. We would like to send a Statement by the 29th February, 2012.

The 19th Regular Session of the Human Rights Council will take place between 27th February till 23rd March, 2012 see: http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session19/Pages/19RegularSession.aspx

Excerpt from Joy Liddicoat's email:
Following on from the Special Rapporteur on Freedom of Expression’s annual report in 2011, an expert panel is being held during HRC 19. The session will take place on Wed 29 Feb and is being organised by the government of Sweden and OHCHR. APC will be attending and participating in the panel event.
>>
>>
>> We would like to reach out to others to find out who else might be planning on attending or making submissions (which are due Monday 13 Feb) and, if so, how we might be able to collaborate or support these. If you are making submissions or statements, we would encourage you to draw on and cite www.giswatch.org released in December 2011 which includes 55 country reports and other material as well as an introduction from Frank La Rue.
>>
>> If you are planning other activities, campaigns or events around the panel, please do let us know so that we can support or collaborate if possible.
>>

Given the numerous contributions and acclamations in relation to Human Rights on the list through the various threads, we should consider putting in a Statement. Any volunteers to initiate a draft?

Another option is for people to concentrate on various aspects of human rights:-

privacy
security
freedom of expression
intellectual property

or not but feel free to add your thoughts and contributions.


Kind Regards,
Sala


On Mon, Feb 20, 2012 at 7:25 AM, Salanieta T. Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com> wrote:

The Swedish Government was also responsible for getting it onto the Agenda:


See: http://www.sweden.gov.se/sb/d/15079/a/176945?setEnableCookies=true



Swedish success in Geneva for freedom of expression on the Internet
On Thursday, the UN Human Rights Council adopted by consensus a decision to arrange a panel discussion on freedom of expression on the Internet at its next session in March 2012. The decision was adopted on the initiative of Sweden, with the support of over fifty states from throughout the world. This will be the first time that the Council discusses the issue of freedom of expression on the Internet. 
"This is a major success for Sweden, which has pushed for the human rights issue to apply online as well as offline", says Carl Bildt, Minister for Foreign Affairs.
Earlier this year, the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, presented a report on freedom of expression on the Internet. At the UN Human Rights Council's session in June, Minister for Foreign Affairs Carl Bildt gave a speech in support of several of the conclusions presented in La Rue's report. Sweden's address won the support of a number of influential countries, including India, Brazil and South Africa.
This is the background to how, at its 18th session which will conclude today, the Council was able to decide to invite a panel of experts and representatives of governments, the UN system, the business sector and civil society to discuss the issue. This means that the issue of freedom of expression on the Internet will be placed on the agenda of the UN Human Rights Council for the first time. 



On Mon, Feb 20, 2012 at 6:12 AM, Salanieta T. Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com> wrote:

Dear All,

We can also put together a Statement before the 29th February, 2012 and use the link that Joy sent us to draw resources from. I also note that there has been alot of discussions around this theme specifically over the years.

We can capture these thoughts in a statement. Any volunteers to put together a first draft for others to comment.

Kind Regards,
Sala 



On Mon, Feb 20, 2012 at 5:55 AM, Shahzad Ahmad <shahzad at bytesforall.pk> wrote:

Dear Robert,

What exactly is the argument against human rights as an IGF theme? Kindly do send a bit of background from the MAG consultation, if possible.

Best wishes & regards
Shahzad

Sent from my iPhone


On Feb 19, 2012, at 10:19 PM, Robert Guerra <rguerra at privaterra.org> wrote:

> Brett,
>
> In regards to recommendation #3 - that "The Internet Governance Forum should be encouraged to make human rights its central theme", well, that was proposed at the open IGF MAG meeting that took place in Geneva this past week. Unfortunately, there was a lack of consensus on the proposal and it was not accepted.
>
> As an alternative, many of the Civil Society participants in the meeting have suggested that Human Rights be one of the cross cutting themes at the 2012 IGF. That alternative
> is still being discussed.
>
> Between now and the next open consultation in May a coordinated effort is needed to make sure the existing MAG keeps that option open.
>
> regards
>
> Robert
>
>
> --
> R. Guerra
> Phone/Cell: +1 202-905-2081
> Twitter: twitter.com/netfreedom
> Email: rguerra at privaterra.org
>
> On 2012-02-19, at 12:06 PM, Brett Solomon wrote:
>
>> Thanks Joy,
>>
>> Access put in a submission to the Human Rights Council ahead of the High Level Panel on the Right to Freedom of Expression on the Internet (Feb 29).
>>
>> We decided to focus on digital security as a precursor for the realization of Article 19 online, because without digital security, civil society groups and human rights defenders in particular cannot act with confidence, express their opinions safely or gain online access to the broader constellation of human rights.
>>
>> For those who are interested, our brief submission and recommendations can be found here:
>>
>> https://www.accessnow.org/policy-activism/press-blog/access-tells-the-human-rights-council-to-protect-digital-rights
>>
>> It'd be good to know who else is planning to be in Geneva for the actual Panel.
>>
>> Brett
>>
>> --
>> Brett Solomon
>> Executive Director | Access
>> accessnow.org | rightscon.org
>> +1 917 969 6077 | skype: brettsolomon | @accessnow
>>
>>
>>
>>
>> On Thu, Feb 9, 2012 at 7:50 PM, Joy Liddicoat <joy at apc.org> wrote:
>> Dear colleagues,
>>
>> This is a heads up about a forthcoming event at the UN Human Rights Council (and apologies for any double ups in list postings).
>>
>> Following on from the Special Rapporteur on Freedom of Expression’s annual report in 2011, an expert panel is being held during HRC 19. The session will take place on Wed 29 Feb and is being organised by the government of Sweden and OHCHR. APC will be attending and participating in the panel event.
>>
>>
>>
>> We would like to reach out to others to find out who else might be planning on attending or making submissions (which are due Monday 13 Feb) and, if so, how we might be able to collaborate or support these. If you are making submissions or statements, we would encourage you to draw on and cite www.giswatch.org released in December 2011 which includes 55 country reports and other material as well as an introduction from Frank La Rue.
>>
>> If you are planning other activities, campaigns or events around the panel, please do let us know so that we can support or collaborate if possible.
>>
>>
>>
>> Kind regards
>>
>>
>>
>> Joy Liddicoat
>>
>> Project Coordinator
>>
>> Internet Rights are Human Rights
>>
>> www.apc.org
>>
>>
>>
>>
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-- 

Salanieta Tamanikaiwaimaro aka Sala


Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
 








-- 

Salanieta Tamanikaiwaimaro aka Sala


Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
 








-- 

Salanieta Tamanikaiwaimaro aka Sala


Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
 







-- 

Salanieta Tamanikaiwaimaro aka Sala


Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
 










-- 

Salanieta Tamanikaiwaimaro aka Sala


Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
 




 
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