Draft HR caucus document

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

Hi again

Here is a draft document that Rikke and myself propose as a start. It 
should be commented and modified, and augmented with other rights 
translation in the infso context.

Please note that there could be a problem with the "right to 
communication", since there is no such right in the existing 
conventions, and one can feel that it is alredy covered by freedom of 
expression. However, it could be argued that the right to communication 
has any different implications from freedom of expression since it 
deals with issues such as infrastructure and their governance, means of 
producing the information, etc. Thus, while not "competing" with 
freedom of expression, it goes beyond in terms of guarantees.

In any case, we're waiting for your comments and inputs on all these 
issues.

Best regards,

Meryem Marzouki (IRIS - Imaginons un réseau Internet solidaire), and
Rikke Frank Joergensen (The Danish Institute for Human Rights),
HR Caucus coordinators.

===========================
Towards an Information Society respecting civil and political rights of 
citizens, as well as their economic, social and cultural rights

Input document from the "Human Rights in the Information Society" Caucus

1/ General introduction
=======================

The development of the information society has to build on a core set 
of principles which are fundamental for democratic societies. 
International human rights standards represent such principles and 
should serve as the international framework guiding regional and 
national policies and actions.

A human rights approach would imply:

- Reference to the international covenant on civil and political 
rights, as well as the international covenant on economic, social and 
cultural rights, in the WSIS Declaration.

- Underlining the importance of HR standards as the core set of 
principles guiding the development of the information society.

- Taking human dignity and human needs as the starting point of 
reference rather than technological considerations.

- Using the improvement of human rights standards such as human and 
social development, democrary and participation as focus points for 
setting goals and measures for progress.

- Ensuring basic human rights principles such as equality and 
anti-discrimination on all levels of policy and action plans. This 
implies stressing access, empowerment and integrity not least for 
vulnerable and marginalized groups.

- Recognizing that respect for, and strengthening of, the right to 
freedom of expression and access to information is crucial for creating 
a democratic information society.

- Stressing the right to education as essential for the eradication of 
poverty and for strengthening local capacity.

- Recognizing that security measures should always be balanced with the 
individuals right to privacy.

- Stressing a commitment to build better democracy based on a higher 
degree of transparency, enhanced participation and good governance at 
national, regional and global level.

- Promoting the development of an enabling environment where national 
ICT policy and legislation are implemented with due respect for human 
rights principles

To this end, the civil society organizations members of the Human 
Rights in the Information Society Caucus recommend that international 
human rights should be precisely translated within the specific 
framework of information and communication, into precise guarantees as 
follows:

- Right to education and knowledge :

     * Everyone must be able to acquire basic information and electronic 
education, in order to be able to master social transformations in all 
their practical and civic aspects;
     * The respect of intellectual property should not prevail on the 
right to education and knowledge. This right must indeed be exercized 
through the concept of fair use, i.e. use for non-commercial purposes, 
education, and research;
     * Intellectual work and ideas, including programming methods and 
algorithms, should not be patentable. The production and use of free 
and open software and content must thus be encouraged and covered by 
public policy;
     * Access to public data without charge is a necessary condition so 
that everyone has the means to exercize his citizenship;
	* Access to infrastructure under acceptable economic conditions must 
be guaranteed, by supporting the possibility of being a provider as 
well as a consumer of information. This guarantee implies the 
negotiation of agreements for the contractual connections between the 
areas of the world and the States of these areas, whose cost must 
equitably be shared. This also implies the existence and the perennity 
of local telecommunication operators.

- Freedom of expression:

- Freedom of communication:

- Freedom of information:

- Right to privacy and personal data protection:

- Right to human dignity:

- Right to education and knowledge:

- Right to decent working conditions:

- ...