Re: [hr-wsis] draft for submission

[Amali De Silva <amali@amalidesilva.com>]

I think option one is a good way to proceed. I like the introduction....

 

Amali De Silva, V.P. Vancouver Community Network, Canada

Meryem Marzouki <marzouki@ras.eu.org> wrote:

> Hi,
>
> Here is a proposal of a reworked document, taking into account comments 
> made on the list. Please read the two options proposed (in capitalized 
> letters) after the general introduction, and comment on which we should 
> take.
> Meryem
> ========
> TOWARDS AN INFORMATION AND COMMUNICATION SOCIETY
> RESPECTFUL OF CIVIL AND POLITICAL RIGHTS,
> AS WELL AS ECONOMIC, SOCIAL AND CULTURAL RIGHTS OF CITIZENS
>
> Human Rights in the Information Society (HRIS) Caucus
> May 31, 2003
>
> Input Document to the intersessional meeting of July 15-18, 2003, 
> Paris, France
>
>
> The development of an information and communication society has to 
> build on a core set of principles that are fundamental for democratic 
> societies. International human rights (HR) standards represent such 
> principles and should serve as the international framework guiding 
> regional!
>  and national policies and actions.
>
> A human rights approach would imply:
>
> - Reference to the International Covenant on Civil and Political 
> Rights, as well as the International Covenant on Economic, Social and 
> Cultural Rights, in the WSIS Declaration.
> - Underlining the importance of HR standards as the core set of 
> principles guiding the development of the information society.
> - Taking human dignity and human needs as the starting point of 
> reference rather than technological considerations.
> - Using the improvement of HR standards such as human and social 
> development, democracy and participation as focus points for setting 
> goals and measures for progress.
> - Ensuring basic human rights principles such as equality and 
> anti-discrimination on all levels of policy and action plans. This 
> implies stressing access, empowerment and integrity not least for 
> vulnerable and marginalized groups.
> - Recognizing that respect for, a!
> nd strengthening of, the right to 
> freedom of expression a!
> nd access to information is crucial for creating 
> a democratic information society.
> - Stressing the right to education as essential for the eradication of 
> poverty and for strengthening local capacity.
> - Recognizing that security measures should always be consistent with 
> the individuals right to privacy.
> - Stressing a commitment to build better democracy based on a higher 
> degree of transparency, enhanced participation and good governance at 
> national, regional and global level.
> - Promoting the development of an enabling environment where national 
> ICT policy and legislation are implemented with due respect for human 
> rights principles.
>
> The HRIS caucus believes that it is not sufficient to assert that “the 
> essential requirements for the development of an equitable Information 
> Society” should be “in accordance” with Article 19 of the United 
> Nations Declaration of Human Rights. Instead, the document should 
> declare once a!
> nd for all that Article 19 must be enforced. In addition, 
> the principles of a better balanced flow of information, free 
> circulation of ideas, press freedom, participation in the communication 
> process, and knowledge sharing will become truly meaningful only when 
> they are viewed as being supported by a consistent articulation of 
> rights, not just Article 19.
>
> Moreover, the HRIS caucus considers that an information and 
> communication society should be developed in order to guarantee 
> democratic and equitable access and participation. This implies to 
> acknowledge and declare information and its means of production, 
> management and circulation as common goods towards which each social 
> actor have rights and responsibilities, in order to ensure the minimal 
> equitable conditions for the overall development of intellectual 
> creativity, technological innovation, effective technology use and 
> successful participation in the information !
> and communication society.
>
> Finally, the HRIS caucus re!
> affirms that good governance of an 
> information and communication society must be based on the values of 
> participation, transparency, accountability and the rule of law. This 
> implies in particular the democratic management of international bodies 
> dealing with ICTs. Given the borderless characteristics of ICTs, an 
> appropriate framework for establishing the competence of jurisdictions 
> should also be elaborated, so as to ensure the respect of both 
> principles of legality and sovereignty.
>
> To these ends, the HRIS caucus recommends that the following 
> international human rights should be precisely translated within the 
> specific framework of information and communication, into precise 
> guarantees to be enforced in concert:
>
>
> HERE, WE HAVE TWO OPTIONS:
> - OPTIONS 1: WORK ON THE PRECISE DEFINITIONS OF THESE RIGHTS, LIKE FOR 
> THE EXAMPLE OF THE RIGHT TO EDUCATION AND KNWOLEDGE BELOW
> - OPTION 2: SIMPLY LIST THE RELEVANT RIGHTS!
>  IN THE INTERNATIONAL 
> COVENANTS.
> WHAT DO YOU THINK ??
>
> OPTION 1 EXAMPLE:
> Right to education and knowledge:
>
> - Everyone must be able to acquire basic information and electronic 
> education, in order to be able to master social transformations in all 
> their practical and civic aspects;
> - The respect of intellectual property should not prevail on the right 
> to education and knowledge. This right must indeed be exercised through 
> the concept of fair use, i.e. use for non-commercial purposes, 
> education, and research;
> - Intellectual work and ideas, including programming methods and 
> algorithms, should not be patentable. The production and use of free 
> and open software and content must thus be encouraged and covered by 
> public policy;
> - Access to public data without charge is a necessary condition so that 
> everyone has the means to exercise his citizenship;
> - Access to infrastructure under acceptable economic conditions !
> must be 
> guaranteed, by supporting the possibility of bein!
> g a provider as well 
> as a consumer of information. This guarantee implies the negotiation of 
> agreements for the contractual connections between the areas of the 
> world and the States of these areas, whose cost must equitably be 
> shared. This also implies the existence and the sustainability of local 
> telecommunication operators.
>
> - Freedom of expression:
>
> - Freedom of communication:
>
> - Freedom of information:
>
> - Right to privacy and personal data protection:
>
> - Right to human dignity:
>
> - Right to education and knowledge:
>
> - Right to decent working conditions:
>
> - ...
> OPTION 2 EXAMPLE:
>
> Article 12 -- Privacy;
> Article 18 -- Freedom of thought, conscience, and religion;
> Article 19 -- Freedom of expression and the right to seek, receive, and 
> impart
> information through any media;
> Article 20 -- Freedom of peaceful assembly;
> Article 26 -- The right to education; and,
> Article 27 -- The rig!
> ht to participate in the cultural life of the 
> community as well as
> intellectual property rights.
> Article 10 -- right to a fair trial
> Article 11 -- presumption of innocence (both as arguments against ISP 
> liability used as a mean of privatized censorship)
>
> ========
>
> About the Human Rights in the Information Society Caucus
>
> The Human Rights in the Information Society (HRIS) Caucus has been 
> formed by the end of PrepCom1 by civil society organizations in order 
> to ensure that human rights are duly taken into account in the WSIS 
> process by governments as well as by NGOs.
>
> Its objectives are:
> 1. Putting human rights on the agenda of the WSIS. Human rights are 
> intended, as defined in the UNDH, the International Covenant on Civil 
> and Political Rights, and the International Covenant on Economic, 
> Social and Cultural Rights, as civil and political rights of citizens, 
> as well as their economic, cultural and social rig!
> hts.
> 2. Developing detailed inputs and contributions on ho!
> w Human rights, as 
> broadly defined, can be precisely translated within the specific 
> framework of information and communication, in order to build a common 
> vision of this society.
> 3. Raising awareness of NGOs and the public on the importance of 
> addressing human rights in the information society, having noted that 
> major organization dedicated to promoting Human Rights in the 
> Information Society are not yet part of the WSIS process. This is also 
> the case of general-purpose human rights organization, as well as trade 
> unions.
>
> Current members of the HRIS caucus are:
> - American Civil Liberty Union (ACLU). www.aclu.org
> - Article19. www.article19.org
> - Association for Progressive Communications (APC). www.apc.org
> - Carrefour Mondial de l'Internet Citoyen (CMIC). www.globalcn.org
> - Computer Professionals for Social Responsibility (CPSR). www.cpsr.org
> - Consumer Project on Technology (CPTech). www.cptech.org
> - Cyber-Rights !
> and Cyber-Liberties (CR&CL UK). www.cyber-rights.org
> - Danish Institute for Human Rights. www.humanrights.dk
> - Danish United Nations Association (UNA-DK). www.una.dk
> - Digital Rights Denmark. www.digitalrights.dk
> - Electronic Privacy Information Center (EPIC). www.epic.org
> - Int. Centre for Human Rights and Democratic Development (ICHRDD). 
> www.ichrdd.ca
> - Imaginons un Réseau Internet Solidaire (IRIS). www.iris.sgdg.org
> - Organisation Mondiale Contre la Torture (OMCT). www.omct.org
> - Panos London. www.panos.org.uk
> - PromoCulture/Centre Africain d'Echange Culturel
> - U.S. National Comm. on Libraries and Information Science (NCLIS). 
> www.nclis.gov
> - Vancouver Community Net (VCN). www.vcn.bc.ca
> - VIBE!AT. www.vibe.at
>
> Coordinators of the HRIS caucus are:
> - Meryem Marzouki, IRIS, France (Meryem.Marzouki@iris.sgdg.org)
> - Rikke Frank Jorgensen, Danish Institute for Human Rights, Denmark 
> (rfj@humanrights.dk)
>
> Web si!
> te and mailing list of the HRIS caucus: 
> www.iris.sgdg.org!
> /actions/smsi/hr-wsis/
>
>
> --
> Putting the "Human Rights in the Information Society" issue on the WSIS Agenda
> Working list of NGOs
> To post a message to the list, send an email to: hr-wsis@iris.sgdg.org
> To subscribe/unsubscribe, send an email to: Meryem.Marzouki@iris.sgdg.org

Amali De Silva AAT(CMABC), BSc(Hons) Econ, PgDip Acc/Fin, MSc Int. Acc/Fin

Tel: 604-736-9012 & Email: amali@amalidesilva.com