HR and Indigenous caucuses inputs to draft alternatative declaration

[Meryem Marzouki <marzouki@ras.eu.org>]

Hi Sally and Bill,

Here are some inputs for the (possible) alternative CS declaration. 
These are common inputs from the Human Rights caucus and the Indigenous 
Peoples caucus. Karen and Ralf are also in copy, since we would like to 
include the privacy and security group support to this proposal.

Some paragraphs are missing, we will send them later. They are only 
here as for now to indicate the need for these paragraphs.

The order of the paragraphs will of course be checked later on, at a 
global level.

Meryem
=======
Common Proposal for the (Alternative) Declaration of Principles

Human Rights Caucus
Indigenous Peoples Caucus
(Tentatively) Privacy and Security Working Group

September 23rd, 2003

Preamble (first paragraph):
"We the representatives of the peoples of the world, assembled in 
Geneva from 10-12 December 2003 for the first phase of the World Summit 
on Information Society, declare our common desire and commitment to 
build an information and communication society based on human rights 
and human dignity. With the Charter of the United Nations and the 
Universal Declaration of Human rights as our foundation, we reaffirm 
the universality and the indivisibility of all human rights  - civil, 
political, economic, social and cultural - and we recognize their 
centrality to democracy, the rule of law, non-discrimination and 
sustainable development. Our challenge is to harness the potential of 
the information and communication society to ensure that human needs 
are met and that all human rights are realized. We are determined to 
meet this challenge."

Non discrimination and diversity
"We seek to build an information and communication society that is 
inclusive, and where all people, without distinction of any kind, can 
achieve their full potential. We will take all possible action to 
promote non-discrimination and diversity in the design and realization 
of the information and communication society. We commit to 
mainstreaming the principles of non-discrimination and diversity with 
regard to gender, age, sexual orientation, ethnicity, faith, and 
disability in all ICT policies, programmes and related areas.

Privacy and Security:
"The right to privacy is a human right and is essential for 
self-determined human development in regard to civic, political, social 
economic and cultural activities. It must be protected in public 
spaces, online, offline, at home and in the workplace. Every person 
must have the right to decide freely whether and in what manner he or 
she wants to receive information and communicate with others. The 
possibility of communicating anonymously must be ensured for everyone. 
The increased use and abuse of personal information by the private 
sector and government, including monitoring, surveillance, and 
discrimination, must be checked and regulated legally and 
technologically. The collection, retention, use and disclosure of 
personal data, no matter by whom, should remain under the control of 
and determined by the individual concerned."

"Building a transparent framework including, inter alia, dependability, 
authentication, privacy and consumer protection, is a prerequisite for 
the maturation of the information and communication society and for 
building confidence among all users of ICTs. Governments should develop 
and implement a framework of ICT dependability in close cooperation 
with private enterprise, civil society and with international expert 
bodies in the field of ICT dependability, consumer protection and 
privacy. Within this framework, measures to enhance dependability must 
be consistent with international privacy standards. In addition, it 
must take into account the level of social and economic development of 
each country and respect, inter alia, the development-orientation of 
the Information Society."

Regulation and the rule of law
"National regulation, in compliance with international human rights 
standards, adhering to the rule of law, is essential for building 
confidence in information and communication society. The rights of 
individuals shall be protected and government administration and 
justice shall be more open, efficient and transparent. State 
regulation, built and enforced in the full respect of human rights, is 
the only way to ensure the reality of the rule of law."

Intellectual Property
"Intellectual property regimes and international agreements on patents, 
copyright and trademarks should be compliant with Article 27 of the 
Universal Declaration of Human Rights, which balances the rights of 
authors and the rights of all people to participate in cultural life, 
to enjoy arts and to share in scientific advancement and its benefits.
We also recognize the particular rights of indigenous peoples to 
exercise their full sovereignty over their traditional knowledge and 
cultural heritage.”

Values
"The information and communication society shall be subject to 
universally held values such as justice, solidarity and tolerance. The 
use of ICT shall not undermine the human dignity and integrity, human 
rights and fundamental freedoms of others."

Indigenous peoples
Particular attention must be given to the special situation of 
indigenous peoples, taking into account that their full and equal 
participation in the evolution of the Information Society must be based 
on:
• 	respect for the rights of indigenous peoples and recognition of 
their cultural diversity and distinctiveness;
• 	inclusion of their visions and concepts when building the 
Information Society for all;
• 	respect for their culturally defined approaches, protocols, 
proceedings and obligations related to the sharing, dissemination and 
communication of their traditional knowledge and information about 
their cultures;
• 	promotion of ICTs as a tool for poverty reduction and strengthening 
of their cultures and identities
• 	initiation of standard setting activities for the elaboration of a 
specific set of Rights of Indigenous Peoples in the Information Society 
to provide for adequate protection of the integrity of their cultures 
in the course of the fundamental transformations and new conditions of 
life caused by the evolution of the Information Society.

Workers Rights
  [a whole paragraph will be sent later]

Public Services
[a whole paragraph will be sent later]

Democratic governance
[a whole paragraph will be sent later]