Re: [Ct-drafting] Section 1- Communication rights

[Bill McIver <mciver@albany.edu>]

I offer this.  I too prefer to say "communication rights."



WJM


The intent of declaring the need for Communication Rights is decidedly 
not to undermine existing human rights.
Communication rights can be seen in relation to the enforcement of a 
collection of existing human rights.
These include, but are not limited to, the following articles of the 
Universal Declaration of Humans Rights [or better the Covenants]:
Article 12 -- Privacy;
Article 18 -- Freedom of thought, conscience, and religion;
Article 19 -- Freedom of expression and the right to seek, receive, and 
impart information through any media;
Article 20 -- Freedom of peaceful assembly;
Article 26 -- The right to education; and,
Article 27 -- The right to participate in the cultural life of the 
community as well as intellectual property rights.
Nothing in this statement with regard to communication rights may be 
interpreted as implying for any State, group or person any right to engage
in any activity or to perform any act aimed at the destruction of any of 
the rights and freedoms set forth in existing human rights.
We cite here, in particular, infringements on Article 19  through 
censorship.



WJM

Meryem Marzouki wrote:

> Hi all,
>
> I fully understand that many people on this list and elsewhere, 
> standing form the right to communicate perpective, will share Rainer's 
> interpretation of the last proposed formulation of the concerned 
> paragraph of the vision section. This is not unexpected and is normal.
> I also fully understand and I share - as he knows - Jean-Louis' point 
> of view that access for all to means of communication is a 
> prerequisite to any communication process.
>
> The problem is not there. The problem is that:
> - with this CS Declaration, we are not trying to address people 
> already well aware of this issue, we want to  address the widest range 
> of CS organization, so that they join the process we've started inside 
> WSIS and enlarge it
> - human rights are not only civil and political rights
> - While of fundamental importance, it is not enough to satisfy Article 
> 19-only promoters (like the big media corporations).
> - More importantly, my point is that, from a human rights people and 
> organizations perpective, in particular the one of the human rights 
> caucus, there is a different approach of these issues: one very much 
> based on the ratification and implementation of existing human rights 
> instruments and which stresses the OBLIGATION of states to protect 
> those rights.
>
> In any case, Steve and I are trying to work on a modified formulation, 
> which hopefully would satisfy everyone. We'll be back to you later on 
> this.
>
> Meryem
>
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> Drafting Portal: [TBA]



-- 

Bill McIver
Assistant Professor
School of Information Science and Policy
University at Albany, State University of New York
Albany, New York 12222
USA

e-mail: mciver@albany.edu
URL: http://www.albany.edu/~mciver