[governance] Fwd: UN Human Rights Council [Possible Statement from IGC???]
Salanieta T. Tamanikaiwaimaro
salanieta.tamanikaiwaimaro at gmail.com
Tue Feb 28 19:03:08 EST 2012
Thank you for your comments. I would invite you Rony to insert your
suggested revisions on the Statement Workspace to allow others to comment
specifically. People can respond to your suggested revisions. Please
comment via: http://www.igcaucus.org/digressit/archives/56
The Workspace is tailored to enable others to comment specifically on
paragraphs, otherwise it is hard work to glean from mailing lists and piece
it together.
On Wed, Feb 29, 2012 at 11:58 AM, Robert Guerra <rguerra at privaterra.org>wrote:
> Rony,
>
> Nice rewrite :)
>
> Sala,
>
> If there's consensus on the revised language, suggest the text be posted
> in the IGC website.
>
> Robert
> --
>
> R. Guerra
> Phone/Cell: +1 202-905-2081
> Twitter: twitter.com/netfreedom
> Email: rguerra at privaterra.org
>
> On 2012-02-28, at 6:48 PM, Koven Ronald wrote:
>
> 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
>
> Rights without borders – also known as human rights – have met their
> technological twin in the form of the global Internet, a technology without
> borders.****
> ** **
> *The Internet has transformed the reality of human rights by creating a
> space where communications can become universally participatory and truly
> flow in all directions, regardless of frontiers, instead of the previous
> situation in which information flows were largely top to bottom, flowing
> from content creators to content consumers. *
> ** **
> The open architecture of the Internet creates a new *global *commons that
> facilitates and enhances many pre-existing human rights, including but not
> limited to rights of free expression, rights of information, petition,
> association and assembly, creative rights, and the right to earn a
> livelihood and contribute to the culture of society. Internet technology
> and design choices simultaneously extend human interaction in multiple
> directions regardless of borders, at a far lower cost, and on a more
> democratic basis than previously imaginable.****
> ** **
> *[Previous graf unchanged, adding the word “global” before “commons.”]*
> ** **
> This powerful symbiosis between natural birthrights and the nature of the
> Internet as a rights-enhancing technology has caused discourse about the
> Internet to incorporate many lofty attributes that are further fueled by
> already being partially realized, causing (among other things) thought
> leaders regarding the Internet to sometimes be referred to as
> “evangelists.” Generally speaking, these rights-enhancing aspects have
> caused the Internet to reach the loftiest planes of human hope, joining
> democracy and religion at the level of promising “a more abundant life” for
> all, without the prominent downsides often associated with some actual
> implementations of government and religion.****
> ** **
> *[Drop the previous graf. Religion should be left out of this.]*
> ** **
> The most powerful question to ask concerning human rights on the Internet
> is not where 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
> Internet arises from. How can such a right of interference with freedom of
> expression be legitimately theorized, asserted and enforced? Because the
> very nature of the Internet is to facilitate free expression, and given
> that the Internet as a whole is both owner-less and international, how can
> any single business, national government, or person obtain and enforce a
> right to interfere with the international freedom of the Internet? Any lack
> of clarity thought to exist by some regarding where human rights “come
> from” simply pales in comparison to the lack of clarity of any asserted
> right to interfere with the freedom of others on the Internet. Any
> hypothetical “right to interfere” with inherent human rights of freedom of
> expression is far more difficult to justify and explain than upholding the
> natural human urge for self-expression and self-determination as a right.
> Thus, absent highly exceptional circumstances, in a contest between
> interference and free expression, free expression always has the better
> case, regardless of whether free expression is thought of as an enforceable
> legal right or not.****
> ** **
> *By its very nature, the Internet makes possible the facilitation of
> universal free expression. Given that the Internet is both ownerless and
> borderless, no single business, national government, or person has a right
> to interfere with the worldwide freedom of the Internet. Any limit to the
> natural human right of freedom of expression has become far more difficult
> to justify and explain. Except in extraordinary circumstances that should
> be as narrowly defined as possible, restrictions to freedom of expression
> on and off line now seem even more illegitimate than ever.*
> ** **
> Access to the full benefits and promise of the Internet can be interfered
> with or impeded 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 or potentially impair or impede human rights on the
> Internet than government. Some “governmental” interference with the
> Internet is driven by business concern lobbying, such that much
> “governmental” interference can be attributed to businesses. Regardless of
> the relative amounts of responsibility one may assess to each, it is
> extremely clear that both governments and businesses can and are acting in
> ways that interfere with the Internet, either by failing to fully
> understand the Internet, or by pursuing narrow interests over the public
> interest as a whole. Any such government or business that acts to impair or
> impede the global freedom of the Internet should not be heard to claim that
> they “have the Internet” (in the case of a nation that filters or otherwise
> interferes) or that they “support the Internet” (in the case of a business
> acting in fact to impede access to the full Internet, or censor content,
> etc.)****
> ** **
> *The Internet can be interfered with or impeded at numerous levels and by
> many actors, including businesses, governments, individuals, engineers, web
> designers, administrators. Commercial interests are often better able to
> impair or impede human rights on the Internet than governments. Some
> ostensibly governmental interferences with the Internet are driven by
> business lobbying. In other cases, businesses may mask the reality that
> they are in fact imposing limits for political reasons dictated by
> governments. Regardless of their relative responsibilities, both
> governments and businesses can and have acted in ways that interfere with
> the Internet, either out of failure to understand its nature and
> technology or in pursuit of narrow interests. Those who interfere with
> global or local Internet freedom should not be allowed to claim that they
> act in its support.*
> ** **
> Although Internet companies are obliged to abide by national legal rules
> of host countries, they are even more obliged to follow global human rights
> laws like freedom of expression than those national laws. Claims that
> domestic laws require business cooperation with censorship, etc. should be
> met with the assertion of higher laws and norms than those of a single
> country.****
> ** **
> *Although Internet companies must follow the laws of host countries, they
> are also obliged to respect universal human rights, notably freedom of
> expression. Claims that domestic laws require businesses to cooperate with
> censorship or other restrictions should be countered by invoking the
> obligations of national governments to honor the universal human rights
> texts that bind them.*
> ** **
> In the general context of market freedom, the development of new
> technologies will always precede the question of the extent of their
> regulation. Yet, as human activity in the technology expands, some form of
> regulation is inevitable, just as it is impossible to imagine cities
> without any regulation, even though lack of regulation is possible in the
> countryside or wilderness. However, the pace of innovation and expansion on
> the Internet guarantees that no regulator can sufficiently keep pace. This
> requires deep commitment to human rights on the part of engineers and
> others who are creating the Internet in real time.****
> ** **
> *The pace of development of contemporary communications technology in a
> globalized free market seems bound to continue to outstrip the ability of
> regulators to keep up. Some regulation 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 systems designers who modify the
> Internet environment in real time.*
> ** **
> The pre-existing duty of all nations to support the diffusion of education
> concerning human rights takes on a special urgency and importance in the
> context of the Internet, because important structural and design decisions
> regarding the Internet will always continue to be made by Internet
> engineers and administrators at a speed and at a point in time where it is
> impossible for detailed guidance or best practices to exist. In direct
> effect, the “governance” of the Internet, in significant part, takes place
> in real time and in diverse places, often by engineers and programmers
> making design decisions, making a decentralized awareness and knowledge of
> human rights norms by people working on the Internet especially critical to
> preventing serious human rights issues from emerging. Knowledge about human
> rights, like the Internet itself, is a form 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 the lack of any centralized
> ownership or control that can legitimately affect the whole.****
> ** **
> *The obligation of all governments to promote knowledge of human rights
> has taken on new urgency in the Internet era because basic structural and
> design decisions about cyberspace will continue to be made by Internet
> engineers and administrators at a speed that defies the possibilities of
> detailed policy guidance or adoption of best practice norms. Understanding
> of human rights must therefore be generalized so as to avert their
> inadvertent compromise.*
> ** **
> Therefore, the IGC declares that the Internet is, and by rights ought to
> be, a place for the full expression of human freedoms and equality, the IGC
> condemns violations of human rights on the Internet and wherever else they
> may occur, and the IGC calls upon the United Nations and all people to
> support the utmost diffusion of education about human rights so that
> developers, engineers, administrators and users of the Internet can
> maximize the value of the Internet as an enhancement of the human
> experience for all people, making ever more real the human flourishing that
> is both the reality and the promise of the Internet, and doing so “without
> regard to frontiers.” ****
> ** **
> *The Internet Governance Caucus of the Internet Governance Forum
> therefore declares that the Internet is, and by right ought to be, a place
> for the full expression of human freedoms and equality. The IGC condemns
> violations of human rights both on the Internet and elsewhere. The IGC
> calls upon the United Nations and all people to support the widest spread
> of human rights education so that those who continue to develop and use the
> Internet may maximize its ability to enhance the human experience and to
> turn into reality the promise of the Universal Declaration of Human 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
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >> ____________________________________________________________
>>>>> >> You received this message as a subscriber on the list:
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>>>>> >>
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>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >> ____________________________________________________________
>>>>> >> You received this message as a subscriber on the list:
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>>>>> >
>>>>> >
>>>>> > ____________________________________________________________
>>>>> > You received this message as a subscriber on the list:
>>>>> > governance at lists.igcaucus.org
>>>>> > To be removed from the list, visit:
>>>>> > http://www.igcaucus.org/unsubscribing
>>>>> >
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>>>>>
>>>>>
>>>>> ____________________________________________________________
>>>>> You received this message as a subscriber on the list:
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>>>>>
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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
>
>
>
> ____________________________________________________________
> You received this message as a subscriber on the list:
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>
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>
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>
>
> ____________________________________________________________
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>
--
Salanieta Tamanikaiwaimaro aka Sala
Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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