[governance] NYT opinion by Vint Cerf: Internet Access is not a HR

[Riaz K Tayob]

To avoid the angels on pins, the point is that prioritisation (or 
allocative decisions) are typically left to legislatures (executives) as 
these are difficult decisions. But context matters, it is not a problem 
for a Finland to put a positive right to access, which may not come to 
similar fruition in Africa where it could be a negative defensive one 
(i.e. the state cannot impede access, while not having a positive duty 
to provide it to all) while conducting itself to progressively realise 
this right. The point is that there are human rights that can protect 
both the Finland and African context needs, and one can surmise that a 
positive right in Finland would lend credence to existence of the 
negative defensive right or to a higher standard of protection. But 
rights are framed in general terms and the specfics would need to be 
codified in law or practice or policy as this balance is perenially 
contested (positive and negative). The point is that like one does not 
want Africans cut off from water services if they cannot pay (without 
due process) the same may apply in rich countries.

There is a tendency to assume that Universal Human Rights are not 
context specific, and this tendency gives rise to one size fits all 
approaches and to universalisation of abstractions that (in fact) do 
violence to difference. In the European context, there is the concept of 
margin of appreciation... what confounds matters is the predilection to 
assume that human rights are liberal rights and hence must come with the 
same economic baggage... and in many instances this is not apposite...

On 2012/01/10 03:52 PM, Hakikur Rahman wrote:
> At 01:35 PM 1/10/2012, Avri Doria wrote:
>> A point I do want to make is that the submarine cables were not meant 
>> for just the purposes of access in the coastal countries but where 
>> meant to provide sufficient access for all of the populations in the 
>> developing economies inside the continent and away from the coast.  
>> Yes there are issues about transit and dark cable that need to be 
>> dealt with, that have not yet been dealt with adequately, but the 
>> point is Kenya's and other coastal countries use of bandwidth, 
>> whether your estimate are correct or not, was not the full load 
>> intended for these cables.
>
> Agree with Avri. There are critical issues at the ground or national 
> level, including corporate or regional level, though the former ones 
> rule, partly due to policies, and also due to other local 
> manifestations, especially in many developing countries they are not 
> being utilized properly as desired.
>
> Hakik
>
>
> ____________________________________________________________
> You received this message as a subscriber on the list:
>     governance at lists.cpsr.org
> To be removed from the list, visit:
>     http://www.igcaucus.org/unsubscribing
>
> For all other list information and functions, see:
>     http://lists.cpsr.org/lists/info/governance
> To edit your profile and to find the IGC's charter, see:
>     http://www.igcaucus.org/
>
> Translate this email: http://translate.google.com/translate_t
>
>
____________________________________________________________
You received this message as a subscriber on the list:
     governance at lists.cpsr.org
To be removed from the list, visit:
     http://www.igcaucus.org/unsubscribing

For all other list information and functions, see:
     http://lists.cpsr.org/lists/info/governance
To edit your profile and to find the IGC's charter, see:
     http://www.igcaucus.org/

Translate this email: http://translate.google.com/translate_t