hi all
Below a first draft statement on HR and IG that Meryem and I have
developed this afternoon. Pls feel free to give us your comments and
remarks.
Best Rikke
HUMAN RIGHTS AND INTERNET GOVERNANCE
Human Rights Caucus Contribution - February 22nd, 2005
1. The civil society human rights caucus appreciates that a high level
working group on internet governance issues has been established,
following the Geneva Declaration of Principles and Plan of Action. We
would like to express our support to the open and inclusive approach which
has been taken so far by the working group. However, we wish to express
our concerns with the following issues.
2. Internet governance, even narrowly understood as domain name management
and technical standard setting, has important impact on human rights and
democracy. The role and functions of domain name management and standards
setting fora de facto involves and impacts human right issues. Whether
defined broadly or narrowly, at least human right issues like privacy,
freedom of expression, access to information, the public domain of
knowledge, etc. are at stake in these functions. In addition, Internet
protocols and standards have up to now been defined by a limited number of
developed countries and ICANN, the current forum for domain name
management is a private party, based on a contract by the US government.
Any decision resulting from WSIS on Internet governance bodies and
mechanisms must ensure that they are human rights compliant, both through
their composition and governing structures and through the regular
assessment of the substance of their decisions.
3. Moreover, the civil society human rights caucus is deeply concerned
with the tendency to address every Internet related aspect within the
framework of Internet governance. We recognize that a number of
transnational issues related to Internet lack a global space for political
discussions and agreement. However, current discussions on issues such as
privacy, freedom of expression, prohibition against discrimination, access
to information, intellectual property, illegal content, spam,
infrastructure security etc., must be addressed within a broader human
rights framework, in compliance with democracy and the rule of law. This
is especially important since, in the information society context, a
number of these rights are de facto threatened and in the defensive role
at present.
4. As reaffirmed in the Geneva Declaration of principles, the development
of the information society should be based on the Universal Declaration of
Human Rights and the UN Charter, protecting and upholding the
universality, the indivisibility of all human rights, and their centrality
to democracy, the rule of law and to development. The protection of human
right standards is indeed the first responsibility of governments. This
implies that governments are politically and legally committed to uphold
human right standards within their jurisdiction and that they are
accountable for human rights compliance, including before national and
international courts.
5. A main challenge with regard to Internet regulation relates to its
transnational nature. International agreements have traditionally been
based on the assumption of territorial jurisdiction, whereas Internet is a
global communication forum. One of the results of the World Summit of the
Information Society in Geneva was a growing acceptance of the Internet as
a global common. This implies access for all countries to participate in
policy decisions and enjoyment of this common good. It also implies state
responsibility to ensure that Internet governance mechanisms are compliant
with human right standards, and that there must be means to enforce them.
6. Holding governments responsible and accountable for human rights
protection and enforcement does not exclude the active participation of
private parties and civil society; however there must be clear divisions
of responsibility. Technical management of the infrastructure must be
grounded upon public policy decisions, while ensuring that the latter
comply with human right standards and basic democratic principles of
inclusiveness, transparency, checks and balances, and the rule of law.
--
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