input to CS Declarationhi

Hi all

We have to give input to the drafting team for the Alternative/Visionary CS Declaration by tomorrow (app. 1½ page).

I propose we use the text developed by Meryem and myself during Prepcom3a, with some minor changes reflecting some of the comments made by the drafting team. Please give me your comments and feedback to the suggested text below,

best

Rikke

Proposal for the Alternative/Visionary Civil Society Declaration

Human Rights Caucus

November 26th, 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 regulation, policies, and programs.

Freedom of Expression

Article 19 of the Universal Declaration of Human Rights is of fundamental and specific importance, since it forms an essential condition for a human rights-based Information and Communication society. Article 19 requires 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. This implies free flow of information, free circulation of ideas, press freedom, and availability of the tools to access information and share knowledge. 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. 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.

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. The right to privacy faces new challenges in the Information and Communication Society, and 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 power of the private sector and of governments over personal data increases the risk of abuse, including monitoring and surveillance, and must be kept to a legally legitimized minimum. 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, especially in situations where the government has not made such information public.