SV: [hr-wsis] Re: Draft comments on political chapeau and op. part

["Rikke Frank Joergensen" <rfj@humanrights.dk>]

we only get one intervention, which will be on IG. 

- but we will submit our comments to the chapeau + operational part as an official contribution from the HR Caucus.

Re. HR language in the docs, we are following it..

Rikke


-----Oprindelig meddelelse-----
Fra: Robert Guerra [mailto:rguerra@lists.privaterra.org]
Sendt: on 23-02-2005 16:39
Til: hr-wsis@iris.sgdg.org
Emne: [hr-wsis]  Re: Draft comments on political chapeau and op. part
 
@ the govt plenary there are interventions to re-introduce human 
rights references - and interventions to make sure it' snot mentioned.

hope someone from the HR caucus is following these developments.


in regards to inverventions - is there an intervention on the chapeau 
being planned ? if so, it should take place ASAP so as to fit in the 
chapeau discussions taking place right now

Regards

Robert

At 4:59 AM -0500 2/23/05, Rik Panganiban wrote:
>Dear all,
>
>Thanks for the work on this.  If its not too late, here's a quick comment:
>
>>An Independent Commission on the Information Society and Human Rights,
>>composed of highly qualified experts with a broad geographical
>>representation, should be established to monitor and assess practices
>>and policies on human rights and the information society. This is
>>particularly urgent, given the tendency in many countries - both North
>>and South - to sacrifice human rights in the name of "security".
>
>This proposal should be integrated into the language of paras 10 and 
>11 of the operational part of the text pertaining to the 
>implementation of the WSIS.  In particular the reference to "Teams 
>of Stakeholders."  I.e. We agree that a multi-stakeholder "team" on 
>different action lines would be quite useful to promote follow-up 
>and implementation of the WSIS declaration pertaining to human 
>rights in the Information Society.  We view a team of stakeholders 
>working on the promotion of the universally agreed human rights 
>standards in the Information Society as possibly a very useful 
>mechanism.  We recommend that the Office of the High Commissioner 
>for Human Rights (or UNESCO?) serve as a coordinating body of the 
>team's work, including the findings and recommendations of the team 
>of stakeholders in the annual report of the UN body.
>
>Rik Panganiban
>
>On Feb 22, 2005, at 8:28 AM, Meryem Marzouki wrote:
>
>>
>>Hi all,
>>
>>You'll find below draft comments on the political chapeau and
>>operational part that Rikke and I have just developed. Please send us
>>any comment you may have on it, so that we can take them into account.
>>Cheers,
>>Meryem
>>
>>Comments on the political chapeau and the operational part
>>Human Rights Caucus Contribution ­ February 22nd, 2005
>>
>>With regards to the political chapeau
>>
>>The human rights framework is mentioned in the opening paragraph of the
>>political chapeau but there is no further reference in the text. The
>>challenge we are facing in developing the information society is not
>>only to reaffirm existing international human rights treaties, but to
>>commit to enforce effective implementation of these standards at the
>>national level, by developing and using specific mechanisms to this end.
>>
>>The protection of some human rights was not adequately reflected during
>>the first phase, as the human rights caucus stressed on several
>>occasion. This is specially the case with regards to the right to
>>privacy, labor rights and the principle of non discrimination. Likewise,
>>the caucus remains deeply concerned that the rule of law and the
>>regulatory framework are expected to "reflect national realities"
>>instead of being consistent with the legally binding obligations of
>>States according to the international human rights treaties they have
>>ratified.  These deficits should be remedied and the issues included in
>>the appropriate sections of both the political chapeau and the
>>operational part.
>>
>>We are furthermore concerned with the current formulation of the opening
>>paragraph, that dissociates development from human rights, 12 years
>>after the Vienna Declaration, stating that human rights are universal,
>>indivisible, interrelated and interdependent, stressed that there is no
>>development without democracy, and no democracy without development. The
>>objectives of the Millenium development goals and the realization of
>>human rights are interdependent, and should advance one another. Human
>>rights is not a sectoral issue, relevant to certain stakeholders only.
>>Human Rights are one of the essential purposes of the United Nations,
>>according to its Charter. The de facto status of human rights in a given
>>national context is indicative for the level of development, freedoms,
>>democracy and the rule of law.
>>
>>In the information society context, the full realization of human rights,
>>such as freedom of expression, access to information and knowledge,
>>etc., is essential to education, citizen empowerment, democratic
>>participation, equal opportunities, cultural and linguistic diversity,
>>economic development and innovation, leading to overall social wealth.
>>Wherever human rights are violated, it has negative impact on the level
>>of development.
>>
>>Extreme poverty and the massive disparities in access to information and
>>to the means of communication are at the same time a cause and a
>>consequence of the unequal distribution of wealth in the world and
>>within countries. It severely diminishes the capabilities of people to
>>enjoy their human rights, specially the right to an adequate standard of
>>living, and prevents economic and social development.
>>
>>Moreover, even in a developed context, wherever surveillance, monitoring
>>and censorship are exercised, wherever legislation and administrative
>>regulation leads to legal insecurity, and breaches of the rule of law,
>>it results in strong negative impact on Internet usage development and
>>user confidence, as well as on the economy of information society
>>services.
>>
>>Human rights are therefore the standards for ensuring economic and social
>>progress and for holding governments accountable to the commitments they
>>have made. Human rights should be used as benchmarks with regard to
>>national implementation of the political goals.
>>
>>We are also deeply concerned that the political chapeau only has a brief
>>reference in the fourth paragraph to financial mechanisms and Internet
>>governance, while these are central issues of this second phase.
>>
>>Financial resources control power and thereby affect human rights
>>realization. Human rights can be effectively strangled by lack of
>>funding. The way in which financial mechanisms are set up, controlled
>>and prioritized must comply with the objectives of participation of
>>citizens and local communities to public affairs and fair distribution
>>of resources, in order to enable and empower individuals and groups,
>>particularly those who are exposed, marginalized and vulnerable.
>>
>>Internet governance has important impact on human rights and democracy.
>>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. Any decision resulting from WSIS on
>>Internet governance bodies and mechanisms must ensure that they comply
>>with human rights both through their composition and governing
>>structures and through the regular assessment of the substance of their
>>decisions.
>>
>>Moreover, the current Internet topography, in terms of international
>>communication routes and of international traffic rate agreements, is
>>leading to unfair distribution of resources and massive inequalities
>>with respect to costs. The need for fair renegotiation of bilateral and
>>multilateral agreements should therefore be stressed as a mean to
>>promote the UN Millenium goals and to realize the commitments made in
>>the WSIS Declaration of Principles.
>>
>>With regards to the operational part
>>
>>While this second phase is aiming at making WSIS a Summit of sustainable
>>solutions, we regret that the operational part lacks concrete targets,
>>goals and indicators to measure implementation at national and
>>international levels. After Geneva Summit, the human rights caucus
>>already stressed that beyond principles, there is the question of
>>enforcement: without effective implementation, the principles would
>>indeed stay without substance. The Geneva Plan of Action was already
>>devoid of any mechanism to advance the human rights agenda, and we are
>>deeply concerned that the operational part of this second phase does not
>>show any tangible progress in this respect.
>>
>>The human rights caucus has the following proposals:
>>
>>An Independent Commission on the Information Society and Human Rights,
>>composed of highly qualified experts with a broad geographical
>>representation, should be established to monitor and assess practices
>>and policies on human rights and the information society. This is
>>particularly urgent, given the tendency in many countries - both North
>>and South - to sacrifice human rights in the name of "security".
>>
>>Precise indicators should be defined, in order to evaluate the
>>realization of an information society protecting and promoting human
>>rights. Human right standards should be the benchmarks by which we
>>measure progress and by which we review state legislation and policies:
>>as benchmarks in relation to national implementation of the political
>>goals.
>>
>>An initiative for human rights impact assessment for international
>>investment should be started. A human rights impact assessment provides
>>essential analytical background for any major investment. It can help
>>policy makers ensure investments strengthen rather than weaken human
>>rights; it can help business people make better long-term decisions; it
>>can help civil society groups obtain redress for peoples whose rights
>>have been violated. Just as any major business proposal must undergo an
>>environmental impact assessment, it is our belief that the impact of
>>such projects on human rights should also be assessed in a comprehensive
>>way.
>
>
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-- 
###
Robert Guerra <rguerra@privaterra.org>
Privaterra - <http://www.privaterra.org>

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