Human rights input to the draft CS declaration

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

Hi all,

Below are the inputs made by the HR caucus to teh draft CS declaration. 
We should take into account recent comments from Rik to rework last 
paragraph (Re: special rapporteur). Labour rights subsection has been 
revised by the trade union caucus.

I would like to let you know that some comments have been made about 
subsections 2.1.4 and 2.1.5 of the Human Rights section, and a single 
paragraph has been suggested:

"National and international regulations for information and 
communication
societies should be in full compliance with international human rights
standards. Opennes, transparency, accountability and the rule of law 
should
be the guiding principles for the democratic governance of societies at 
all
levels, from the local to the national and international. Inclusive,
participatory and peaceful information and communication societies rest 
on
the responsiveness of governing bodies as well as on the commitment of 
all
actors involved in governance, both of governmental and non governmental
nature, to progressively implement greater political, social and 
economic
equity."

Let me comment on that on this list first. The HR caucus has proposed 
two different subsections, respectively entitled "Regulation and the 
Rule of Law" and "Democratic Governance". To avoid any misunderstanding 
on titles, let me point out that the "Democratic Governance" here 
refers to "good governement administration and justice", and it apply 
at all government level. It's not about "governance, both of 
governmental and non governmental nature". Let me also point out that 
subsection on regulation and the rule of law directly concerns the 
threat of having international human rights standards "taking into 
account national realities". In summary, the HR section is about 
international rights that needs to be enforced in information and 
communication societies. It's not about multistakeholder partnership or 
any other proposal of ICT governance, not shared by all among CS and 
certainly not universally agreed upon.

Thus, the HR caucus should insist on keeping these two subsections.

=========
2.1 Human rights
2.1.1 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 must 
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. Information and communication 
societies must be inclusive, so that all people, without distinction of 
any kind, can achieve their full potential. The principles of 
non-discrimination and diversity must be mainstreamed in all ICT 
regulation, policies, and programmes.

2.1.2 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 human rights-based information and communication 
societies. 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 circulation of ideas, pluralism of the sources of 
information and the media, press freedom, and availability of the tools 
to access information and share knowledge. Freedom of expression on the 
Internet must be protected by the rule of law rather than through 
self-regulation and codes of conducts. There must be no prior 
censorship,  arbitrary control of,  or constraints on,  participants in 
the communication process or on the content, transmission and 
dissemination of information. Pluralism of the sources of information 
and the media must be safeguarded and promoted.

2.1.3 Right to Privacy

The right to privacy, enshrined in Article 12 of the Universal 
Declaration of Human Rights, 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 
information and communication societies, 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. 
Such activities must be kept to a legally legitimized minimum in a 
democratic society, and must remain accountable. 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.

2.1.4 Regulation and the Rule of Law

National regulation should be in full compliance with international 
human rights standards, adhering to the rule of law. Information and 
communication societies 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.

2.1.5 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.

2.1.6 Labour rights

ICTs are progressively changing our way of working. The creation of 
fair, secure, safe and healthy working conditions, appropriate to the 
utilisation of ICTs, which respect international labour standards, for 
instance through tripartite social dialogue, is fundamental. ICTs 
should be used to promote awareness of, respect for and enforcement of 
universal human rights standards and international labour standards. 
Essential human rights, such as privacy, freedom of expression, the 
right for on-line workers to form and join trade unions and the right 
of trade unions to function freely, including to communicate with 
employees, must be respected in the workplace.

2.1.7 Key civil society demands
In preparation for the WSIS second phase in 2005, an Independent 
Commission on Information, Communication and Human Rights, composed of 
highly qualified experts with a broad geographical representation, 
should be established to monitor practices and policies and submit 
recommendations to the Summit. Its mandate should include a review of 
national and international ICT regulations and practices and their 
conformity with international human rights standards, the governance of 
current decision-making bodies in the ICT field, and the potential 
applications of ICTs to the realisation of the right to development and 
the essential human rights for sustainable human development, the right 
to education and the right to a standard of living adequate for the 
health and well-being of oneself and one's family, including food and 
medical care.

Furthermore, the importance of the issues of human rights of WSIS 
justifies the establishment, within the procedures of the Commission on 
Human Rights or its Sub-Commission, of a position of Special Rapporteur 
on Human Rights and Information and Communication Societies, with a 
mandate to monitor developments in this area, including threats to 
privacy, freedom of expression, freedom from surveillance, and 
applications of ICT to the realisation of economic, social and cultural 
rights and to human rights education and recommend measures conducive 
to advancing human rights in information and communication societies.