Inputs from HR caucus for the CS declaration

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

Hi all,

Here are inputs from the Human Rights caucus, elaborated by Rikke and
myself, intended for the Alternative/Visionary Civil Society Declaration.
We really think it should be written in a short and declarative form,
with clearly identified paragraphs, rather than long and narrative text.

We also like very much the title proposed by the drafting group, that is
: "Shaping Information Societies for Human Needs".

We haven't covered labor rights, which, we think, deserve a specific
paragraph that would be better written by the relevant groups.

Also, those of you who have been in Geneva for PrepCom3A have already
seen the Declaration resulting from the International Symposium on the
Information Society, Human Dignity and Human Rights, entitled
"Statement on Human Rights, Human Dignity and the Information
Society". Rikke and myself, as well as other WSIS CS people have
participated to this symposium, and as soon as we get the final
electronic version, we will distribute it.
This is a very good document on many aspects, we think, and you are
welcome to extract pieces from it for our Declaration, if you find it
useful.

Best regards,
Rikke and Meryem
=========
Proposal for the Alternative/Visionary Civil Society Declaration

Human Rights Caucus
November 13th, 2003

Centrality of Human Rights
An information and communication society should be based on human rights
and human dignity. With the Charter of the United Nations and the
Universal Declaration of Human rights as its foundation, it should
embody the universality, indivisibility, interrelation and
interdependence of all human rights  - civil, political, economic,
social and cultural -, including the right to development. This implies
the full integration, concrete application and enforcement of all rights
and the recognition of their centrality to democracy, the rule of law
and sustainable development. An information and communication society
should be inclusive, so that all people, without distinction of any
kind, can achieve their full potential. The principles of
non-discrimination and diversity should be mainstreamed in all ICT
policies, programs and related areas.

Freedom of Expression
Article 19 of the Universal Declaration of Human Rights is of fundamental
and specific importance to an Information and communication society,
requiring that everyone has the right to freedom of opinion and
expression and the right to seek, receive and impart information and
ideas, through any media and regardless of frontiers. There must be no
censorship and no arbitrary controls or constraints on participants in
the communication process, on the content of information or its
transmission and dissemination. Pluralism of the sources of information
and the media must be safeguarded and promoted. Freedom of expression
should be protected on the Internet in the same way it is protected
offline, that is, by the rule of law rather than by private parties
through self-regulation and codes of conducts.

Right to Privacy
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, processing, use and disclosure of personal data, no matter by
whom, should remain under the control of and determined by the
individual concerned.

Regulation and the Rule of Law
National regulation should be in full compliance with international human
rights standards, adhering to the rule of law. An information and
communication society must not result in any discrimination or
deprivation of human rights resulting from the acts or omission of
governments or of non-state actors under their jurisdictions. Any
restriction on the use of ICTs must pursue a legitimate aim under
international law, be prescribed by law, be strictly proportionate to
such an aim, and be necessary in a democratic society.

Democratic Governance
Good government administration and justice in a democratic society
implies openness, transparency, accountability, and compliance with the
rule of law. Respect for these principles is needed to enforce the right
to take part in the conduct of public affairs. Public access to
information produced or maintained by governments should be enforced,
ensuring that the information is timely, complete and accessible in a
format and language the public can understand. This further applies to
access to documents of corporations relating to their activities
affecting the public interest, specially in situations where the
government has not made such information public.