[governance] Draft IGC Statement [Azerbaijan and Human Rights]
Renate bloem (Gmail)
renate.bloem at gmail.com
Thu Jul 12 06:17:27 EDT 2012
Hi Ronny,
As a lurker on this list, but very involved at the HRC, I would reiterate what was said below. Frank La Rue does not give new interpretations of International Law, but only makes existing facts clearer through perfect transparent language.
Renate
A. Restriction of content on the Internet
69. The Special Rapporteur is cognizant of the fact that, like all technological
inventions, the Internet can be misused to cause harm to others. As with offline
content, when a restriction is imposed as an exceptional measure on online content, it
must pass a three-part, cumulative test: (1) it must be provided by law, which is clear
and accessible to everyone (principles of predictability and transparency); (2) it must
pursue one of the purposes set out in article 19, paragraph 3, of the International
Covenant on Civil and Political Rights , namely: (i) to protect the rights or reputations
of others; (ii) to protect national security or public order, or public health or morals
(principle of legitimacy); and (3) it must be proven as necessary and the least
restrictive means required to achieve the purported aim (principles of necessity and
proportionality). In addition, any legislation restricting the right to freedom of
expression must be applied by a body which is independent of any political,
commercial, or other unwarranted influences in a manner that is neither arbitrary
nor discriminatory. There should also be adequate safeguards against abuse,
including the possibility of challenge and remedy against its abusive application.
From: governance-request at lists.igcaucus.org [mailto:governance-request at lists.igcaucus.org] On Behalf Of Koven Ronald
Sent: jeudi 12 juillet 2012 01:07
To: governance at lists.igcaucus.org; salanieta.tamanikaiwaimaro at gmail.com; matthias.kettemann at uni-graz.at
Cc: coordinators at igcaucus.org; wolfgang.benedek at uni-graz.at
Subject: Re: [governance] Draft IGC Statement [Azerbaijan and Human Rights]
Dear All --
On this latest draft, I have serious doubts that any government would consider that Frank La Rue's reports constitute enforceable interpretations of international law. I think trying to raise such reports to such standing would only weaken our statement in the eyes of Azerbaijan and other legal authorities. La Rue's Special Rapporteurship is important, as are his reports, but they cannot be invoked as if they were binding judgments of a Supreme Court.
Best regards, Ronald Koven
-----Original Message-----
From: Salanieta T. Tamanikaiwaimaro <salanieta.tamanikaiwaimaro at gmail.com>
To: Kettemann, Matthias (matthias.kettemann at uni-graz.at)
(matthias.kettemann at uni-graz.at) <matthias.kettemann at uni-graz.at>
Cc: governance <governance at lists.igcaucus.org>; coordinators <coordinators at igcaucus.org>; Benedek, Wolfgang (wolfgang.benedek at uni-graz.at)
(wolfgang.benedek at uni-graz.at) <wolfgang.benedek at uni-graz.at>
Sent: Wed, Jul 11, 2012 1:02 pm
Subject: Re: [governance] Draft IGC Statement [Azerbaijan and Human Rights]
Dear Tim, Mathias K and Wolfgang B and all,
Thank you for the contribution and they will be factored into the second draft along with Tim and other comments and contributions. Your contributions help make the Statement better.
Sala
On Wed, Jul 11, 2012 at 9:09 PM, Kettemann, Matthias (matthias.kettemann at uni-graz.at) <matthias.kettemann at uni-graz.at> wrote:
Dear all,
thanks, Sala, for the great first draft. Wolfgang Benedek and would like to submit a substantially revised version for the list’s consideration. In particular, we have added specific language quoting from the HRC Resolution on Internet rights, have expanded the section on legitimate exceptions to freedom of expression (namely the three-part-test) and have highlighted the importance of the Special Rapporteur’s 2011 report elaborating on the reach of these exceptions. Since they were substantial, we attach a .docx version with visible changes.
Kind regards
Matthias
Civil Society Internet Governance Caucus Statement on Azerbaijan - draft
The Civil Society Internet Governance Caucus wishes to express its grave concern over the reports[1] of violation of human rights of civil society in Azerbaijan.
We note that the Commissioner for Human Rights of the Council of Europe, Thomas Hammarberg had in September 2011 (CommDH(2011)33) made a series of observations and recommendations[2] such as the need to strengthen and protect human rights in Azerbaijan. Notably he recommended decriminalizing defamation and allowing civil society to operate without restrictions. He further called upon Azerbaijan to end the arrests of journalists and those with differing political views. We reaffirm these recommendations.
Whilst Azerbaijan is a non-member state of the United Nations Human Rights Council, it was encouraging to note the commitment made by the Government of Azerbaijan at the 20th Session of the United Nations Human Rights Council in Geneva when it co-sponsored the Council’s first resolution on the promotion, protection and enjoyment of human rights on the Internet, The Resolution affirms that “the same rights that people have offline must also be protected online, in particular freedom of expression, which is applicable regardless of frontiers and through any media of one’s choice, in accordance with articles 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights”.[3] <>
Welcoming this commitment, we would like to urge the Government of Azerbaijan to encourage the creation of a safe and free environment for online and offline expression where diverse and conflicting views on issues can be held and expressed.
As Azerbaijan acceded to the ICCPR on 13 August 1992, it is obliged to respect the rights enshrined in the Covenant and provide only for those limitations which are legitimate under it. Article 19 protects the rights of everyone to freedom of expression, including the freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice rights.
Restrictions may only be provided by law and must be necessary for respect of the rights or reputations of others or for the protection of national security or of public order (ordre public), or of public health or morals. This restriction is to be interpreted in light of the Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, of 2011. Thus any limitation to the right to freedom of expression must be provided by a law that is clear and accessible to everyone, it must aim to ensure one of the legitimate purpose set out in Article 19, and, importantly, must be necessary and the least restrictive means required to achieve the purported aim.
We would also like to remind Azerbaijan that, in the words, of Special Rapporteur La Rue, “any legislation restricting the right to freedom of expression must be applied by a body which is independent of any political, commercial, or other unwarranted influences in a manner that is neither arbitrary nor discriminatory, and with adequate safeguards against abuse, including the possibility of challenge and remedy against its abusive application.”[4] <>
We would finally like to call upon the Government of Azerbaijan to review its legislations, policies and practices to ensure that freedom of expression, freedom of association, and freedom of peaceful assembly is encouraged as these are fundamental elements of a stable and democratic society.
[1] <http://www.hrw.org/world-report-2012/world-report-2012-azerbaijan> http://www.hrw.org/world-report-2012/world-report-2012-azerbaijan
2 <https://wcd.coe.int/ViewDoc.jsp?id=1839497> https://wcd.coe.int/ViewDoc.jsp?id=1839497
3 Human Rights Council, The promotion, protection and enjoyment of human rights on the Internet, adopted 5 July 2012, UN Doc. A/HRC/20/L.13 (preliminary), http://goo.gl/IxtmC.
4 Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, UN Doc. A/HRC/17/27 of 16 May 2011, <http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf> http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf, para. 24.
Von:governance-request at lists.igcaucus.org [mailto:governance-request at lists.igcaucus.org] Im Auftrag von Salanieta T. Tamanikaiwaimaro
Gesendet: Samstag, 07. Juli 2012 20:26
An: <mailto:governance at lists.igcaucus.org> governance at lists.igcaucus.org
Cc: <mailto:coordinators at igcaucus.org> coordinators at igcaucus.org
Betreff: [governance] Draft IGC Statement [Azerbaijan and Human Rights]
Dear All,
Following AYEs from Sonigitu Ekpe, Louis Pouzin, Divina Meigs, Ronald Koven, Narine Kachatryan, Wolfgang Benedek, Wolfgang Kleinwachter, Christopher Wilkinson, Mathias Ketteman, Gorka Orueta, International lvssion, Jean-Louis Fullsack, Ginger Paque, Shaila Mistry, Izumi Aizu and no NAYs, I have composed a first Draft Statement which is on the IGC site.
The Draft Statement is available for your comments and edits via <http://www.igcaucus.org/digressit/?p=61> http://www.igcaucus.org/digressit/?p=61 This will mean that you can comment on each sentence and paragraph specifically and see others comments as well for ease of drafting. We will be using the Statement Workspace to gather feedback etc. Looking forward to your comments and input.
The Draft Statement reads as follows:-
The Civil Society Internet Governance Caucus wishes to express its grave concern over the reports[1] of violation of human rights of civil society in Azerbaijan.
We note that the Commissioner for Human Rights of the Council of Europe, Thomas Hammarberg had in September 2011 (CommDH(2011)33) made a series of observations and recommendations[2] such as the need to strengthen and protect Human Rights in Azerbaijan which included things like decriminalizing defamation, allowing civil society to operate without restrictions, the arrests of journalists and those with differing political perspectives. We affirm these recommendations.
Whilst Azerbaijan is a non member state of the United Nations Human Rights Council, it was encouraging to note the commitment made by the Government of Azerbaijan on the 29 June 2012 at the 20th Session of the United Nations Human Rights Council in Geneva vide A/HRC/20/L.13[3]where together with 71 countries it made a bold affirmation of commitment to the protection of freedoms of expression through any media of one’s choice.
This is good progress however we would like to urge the Government of Azerbaijan to encourage the creation of a safe and free environment where diverse and conflicting views on issues can be raised where ideas are robustly teased out without resorting to violence and abuse.
We are also concerned that there is a danger to hide behind the exceptions provided for in Article 19 of the International Covenant on Civil and Political Rights (ICCPR) and we would like to urge the Government of Azerbaijan to remember the spirit of the preamble within the ICCPR in which Article 19 is to be interpreted which includes peace and freedom.
We would also like to call upon the Government of Azerbaijan to review its legislations, policies and practices to ensure that freedom of expression, freedom of association, and freedom of peaceful assembly is encouraged as these are fundamental elements of a stable and democratic society.
Ends
_____
[1] http://www.hrw.org/world-report-2012/world-report-2012-azerbaijan
[2] https://wcd.coe.int/ViewDoc.jsp?id=1839497
[3] http://daccess-dds-ny.un.org/doc/UNDOC/LTD/G12/147/10/PDF/G1214710.pdf?OpenElement
Kind Regards,
Sala
--
Univ.-Ass. Mag. Dr. Matthias C. Kettemann, LL.M. (Harvard)
Institut für Völkerrecht und Internationale Beziehungen
Karl-Franzens-Universität Graz
Universitätsstraße 15/A4, 8010 Graz, Österreich
T | +43 316 380 6711
M | +43 676 701 7175
E | matthias.kettemann at uni-graz.at
Blog <http://internationallawandtheinternet.blogspot.com> | Twitter <http://twitter.com/#%21/MCKettemann> | Facebook <http://www.facebook.com/matthias.kettemann> | Google+ <https://plus.google.com/u/0/116310540881122884114/posts>
--
Mag. Dr. Matthias C. Kettemann, LL.M. (Harvard)
Teaching and Research Fellow
Institute of International Law and International Relations
University of Graz
Universitätsstraße 15/A4, 8010 Graz, Austria
T | +43 316 380 6711
M | +43 676 701 7175
E | matthias.kettemann at uni-graz.at
<http://internationallawandtheinternet.blogspot.com> Blog | <http://twitter.com/#%21/MCKettemann> Twitter | <http://www.facebook.com/matthias.kettemann> Facebook | <https://plus.google.com/u/0/116310540881122884114/posts> Google+
_____
[1] http://www.hrw.org/world-report-2012/world-report-2012-azerbaijan
[2] https://wcd.coe.int/ViewDoc.jsp?id=1839497
[3] Human Rights Council, The promotion, protection and enjoyment of human rights on the Internet, adopted 5 July 2012, UN Doc. A/HRC/20/L.13 (preliminary), http://goo.gl/IxtmC.
[4] Report of the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, Frank La Rue, UN Doc. A/HRC/17/27 of 16 May 2011, <http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf> http://www2.ohchr.org/english/bodies/hrcouncil/docs/17session/A.HRC.17.27_en.pdf, para. 24.
--
Salanieta Tamanikaiwaimaro aka Sala
Tweeter: @SalanietaT
Skype:Salanieta.Tamanikaiwaimaro
Cell: +679 998 2851
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