Inputs from HR caucus on CS Declaration

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

Hi Steve and CT list,

Regarding CS alternative declaration, I think that the text that we have
as for now is really too long, with a risk of dilution of tghe main
issues we want to highlight. Nobody would read it, actually.
My opinion is that we should follow the same scheme as the government
declaration, i.e. short paragraphs on different issues. This would be
useful for readers to compare, too.

To this end, I'm sending you inputs from the Human Rights caucus and
from the Indigenous caucus, resulting from a meeting we had during
PrepCom3 in September. This of course should be finalized and elaborated
upon, by in any case this is the way we see the CS declaration should be
written.


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]