Re: [hr-wsis] Re: Draft HR caucus document

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

Le vendredi, 30 mai 2003, à 08:42 Europe/Paris, Bill McIver, University  
at Albany a écrit :

>
> Meryem / All,
>
> My input is here:
> http://mboom.draper.albany.edu/~mciver/WSIS/WJM-WSIS-IS2-Input- 
> 053003.doc
>
> I tried to post the document directly to the list, but it
> was blocked.

Here is Bill's document in text format. As for now, attached files are  
blocked when in some formats (HTML format should be OK).

Meryem
=======
	Comments on the 21 March 2003 Draft Declaration of Principles and  
Draft Plan of Action to the World Summit on the Information Society  
(WSIS)  (DRAFT)

29 May 2003

William J. McIver, Jr.



This document contains the comments in the context of human rights and  
communication rights in reference to:

• Document WSIS/PCIP/DT/1-E (21 March 2003) Draft declaration of  
Principles Based on discussions in the Working Group of Sub-Committee 2  
(DT-2 revised)

• Document WSIS/PCIP/DT/1-E (21 March 2003) Draft action plan Based on  
discussions in the Working Group of Sub-Committee 2 (WSIS/PC-2/DT-3  
revised)

I. Comments on the Draft Declaration of Principles


1. In reference to Paragraph 10 of the Draft Declaration of Principles:  
It is not sufficient to assert that "the essential requirements for the  
development of an equitable Information Society" should be "in  
accordance" with Article 19 of the UN Universal Declaration of Human  
Rights. Instead, the document should declare once and for all that  
Article 19 must be enforced. In addition, as many have pointed out, the  
principles of free flow of information, communication, press freedoms,  
and knowledge sharing will become truly meaningful only when they are  
viewed as being supported by a complex of rights, not just Article 19.  
To this end, the document should declare that the following rights be  
enforced in concert in order that Paragraph 10 be made more meaningful:

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.



II. Comments on the Draft Action Plan

2. In reference to paragraph 45 of the Draft Action Plan -- (Examples  
of possible concrete and comprehensive actions could include): The  
Action Plan should call for a special rapporteur who would be tasked  
with ensuring that the public has access to the latest scientific  
information and expert judgment on ethical, social, and political that  
arise in the use of ICTs. They would also work to ensure that the  
computer and information science professions take pro-active public  
roles in both promoting the socially beneficial uses of ICTs and  
discouraging harmful ones.

3. In reference to paragraph 45 of the Draft Action Plan -- (Examples  
of possible concrete and comprehensive actions could include): Concrete  
actions that support the calls in the Declaration of Principles for  
human rights must include the creation of  enforcement mechanisms that  
provide: means of ensuring accountability, effective remedy should  
violations occur, and effective redress against both governmental and  
non-governmental organizations who commit violations. It must also  
provide for procedural enforcement, including: the right of individuals  
and groups to file formal complaints of violations, recognition of an  
independent tribunal to adjudicate such complaints, and the recognition  
as binding the opinions of the independent tribunal on the states who  
are party to the WSIS declaration, as well as individuals and groups  
within them. Implementation mechanisms must include a review and  
monitoring body, a special rapporteur, and an independent tribunal. The  
special rapporteur, as in other human rights frameworks, would be  
responsible for conducting independent research and evaluation of the  
implementation processes.


William J. McIver, Jr.
Communication Rights Caucus & Human Rights Caucus