HR entry in the new CS text

["Frank Joergensen, Rikke" <rfj@humanrights.dk>]

Hi all,

 

Please find attached a draft for the HR entry, which we can revise further in Geneva (including the discussion on the sec./priv issue).

 

Looking forward to seeing you all !

 

Best

Rikke

-----Original Message-----
From: Amali De Silva [mailto:amalidesilva@yahoo.com]
Sent: 11. september 2003 17:37
To: hr-wsis@iris.sgdg.org
Subject: [hr-wsis] Re: HR entry in the new CS text

This is a good way to proceed given the complexities and volume of the issues at hand. Look forward to reading the sections.

Amali.

Alain Ambrosi <ambrosia@web.ca> wrote:

-----Message d'origine-----
De : Frank Joergensen, Rikke [mailto:rfj@humanrights.dk]
Envoyé : 10 septembre, 2003 08:10
À : HR WSIS (E-mail)
Objet : [hr-wsis] HR entry in the new CS text


Hi all,

We have been asked to draft the HR entry for the new CS document focusing on six key issues.

I propose we use the text that was agreed on after the intersessional meeting i Paris (CS priorities doc of 3 august) and add some more specific areas of concern departing in the speech, which Meryem delivered on behalf of the CS plenary on the last day in Paris.


Also, it has been proposed to include the issue of security/privacy in the HR entry. Personally, I would prefer to give this a section of its own, not least because it will be hugely debated by govn at prepcom3 and we need strong and specific arguments to insist on the continous protection of personal freedom and privacy

Okay on these two porosals

FYI: I'll be in prepcom3 on 16th and 17th and from 21 to 26. Unfortunately I will miss the launching of documents on the 19th.

Alain









> ATTACHMENT part 2 application/ms-tnef name=winmail.dat

Amali De Silva-Mitchell

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

 

 

 

Draft 12 September 2003 

HR section for the CS Priorities document 

(Text agreed after the inter-sessional meeting in Paris. Changes / additional text in italic.

An information and communication society that has people and human needs at its centre should be based on human rights and human dignity. As stated by more than 170 governments at the World Conference on Human Rights in 1993 in Vienna, human rights are universal, indivisible, interrelated and interdependent, and their protection is the first responsibility of governments. Since the advent of information and communication technologies offers both opportunities and threats to these rights, all governments should fully recognize, affirm and fulfill their commitment in this new context where many human rights enshrined in international law encounter specific challenges

The WSIS should recognize the centrality of all human rights ­ civil, political, economic, social and cultural ­ to democracy, the rule of law, and sustainable people-centred development. Therefore, human rights should figure prominently throughout both the Declaration of Principles and the Plan of Action, and WSIS should concentrate its efforts on devising concrete strategies to see that the rights recognized in international law are effectively implemented in particular vis-a-vis political interests, and trade agreements and incentives.

The WSIS should promote the development of an enabling environment where national and international ICT policy and legislation are implemented with due respect for human rights principles. Similarly, the WSIS should refer to improvement of human rights standards, such as human and social development, democracy, anti-discrimination, gender equity, participation in the communication process and access to information, as focus points for setting goals and measures for progress.

We urge government delegates to not only retain but to strengthen all reference to the international bill of human rights as a whole and in particular to rights that make possible new platforms for real community-based and people-centered communications. These should be called communication rights and are of immediate and direct concern to the development of inclusive information and knowledge societies. 

Of special concern in the current draft Declaration of Principles are:
Paragraph 1, where it is stated that the representatives of the world's people wish to build "a new kind of society". We are asking states to clearly re-affirm their commitment to building an information and communication society that is based on human rights and human dignity. We are asking states to uphold, protect and promote in this context the principles of the universality and indivisibility of all human rights, and their centrality for democracy, the rule of law and sustainable development. 
Paragraph 11a (deleted in current version). We are astounded that the call for strengthening gender equality is still a debate. In order to make the inclusive information society a reality, states should commit to mainstreaming a principle of anti-discrimination and diversity with regard to gender, age, sexual orientation, ethnicity and disability in all ICT policy areas and actions.

Paragraph 21-22, in which Article 19 of the Universal Declaration of Human Rights is re-written, with no reference to its source, amputating the section that guarantees that freedom of expression shall be exercised without interference of any kind, regardless of frontiers. This threatens not only the rights of all individuals to freedom of expression, information and communication, but also press and other media freedoms.

Paragraph 34, where it is still not reaffirmed that measures to enhance security must be consistent with international standards on privacy, as spelled out in the Universal Declaration of Human Rights article 12. Also it must be stressed that the collection, analysis and release of personal data - no matter by whom - should remain under the control of the individual concerned. Further, we propose the deletion of paragraph 35C and 35D, since they overstate the national security interests of governments and contribute to developing a culture of fear and uncertainty. Rather we recommend a consultative and open approach to developing appropriate, proportionate, and feasible solutions including the use of free and open source software.  

Paragraph 38a, where it is stated that the rule of law must be accompanied by "flexible" regulation, "taking into account national realities". Recognizing the different political environments which can be non-conducive to inclusivity and the full participation and empowerment of civil society, we are asking states to clearly reaffirm that national regulation should be in compliance with international human right standards, adhering to the rule of law.

Paragraph 40C, where the text, in keeping with the tendency of the TRIPS agreement, breaks the delicate balance of article 27 of the Universal Declaration of Human Rights between the rights of authors and the rights of all people to share in scientific advancement and its benefits. Worse still, the Declaration does not even refer to authors or creators, but only to owners' rights, which would largely benefit well-resource commercial interests.