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

Adam Peake ajp at glocom.ac.jp
Tue Feb 28 23:39:07 EST 2012


Agree.  Much improved.

Adam



On Wed, Feb 29, 2012 at 8:58 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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>>>>> >>
>>>>> >>
>>>>> >>
>>>>> >> ____________________________________________________________
>>>>> >> You received this message as a subscriber on the list:
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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
>
>
>
> ____________________________________________________________
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