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Re: [hr-wsis] ?ISO-8859-1?Q?Re: __privacy_&_HR_language_emerging_from? the Canadian CS communiqué



rik:

i'll pass your comments to the freedom of the press "group" that's been drafting that part of the text.

thanks


Robert


On 2-Jun-05, at 1:15 PM, Rik Panganiban wrote:

Robert,

I might ask if there is any way to include references to the Freedom of Assembly and Freedom of the Press as being human rights individuals have in cyberspace.  I.e. persecution of someone for participating in an online forum as violations of Freedom of _expression_ and Assembly.  And the still controversial notion that online journals and blogs fall under the protections of the "Press."  (i.e. Tunezine.)

Rik

On Jun 2, 2005, at 12:19 PM, Robert Guerra wrote:


I would like to share the following four sections from the communiqué that is being developed in the current DRAFT Canadian civil society Communiqué. These are the sections that contain references to Human Rights and/or Privacy.

I would appreciate any comments people might have. Please email them to me directly.

Once the document is finalized, i will post on plenary and other wsis lists.



regards



Robert

--






Preamble/opening

This consensus statement was adopted by Canadian civil society groups representing a diverse range of peoples, backgrounds, expertise, and perspectives. The group met in Winnipeg, Manitoba, Canada on 13-15 May 2005 at a meeting organized by the Canadian Commission for UNESCO with the support of Foreign Affairs Canada, Industry Canada, Canadian Heritage, Human Resources and Skills Development Canada, the International Development Research Centre, and the Canada Council for the Arts. The purpose of the meeting was to canvass the views of the civil society organizations in Canada on the Plan of Action that emerged from Phase I in Geneva and the prospects for Phase II in Tunis.

Civil society represented at this conference affirmed Canadian values of human rights, freedom of _expression_, gender equality, multiculturalism, cultural and linguistic diversity, privacy, and inclusion regardless of age, ability, socioeconomic status and geographical location.

Democracy is reliant on an informed citizenry and civil society that has access to the data, information, knowledge and technology necessary to keep governments accountable. Participation, consultation and partnerships in action are fundamental to our Canada’s role in the national and global information society.
Human rights and freedom of _expression_

Participants underlined the importance of the provisions of the Universal Declaration of Human Rights and, in particular, Article 19: Everyone has the right to freedom of opinion and _expression_; this right includes freedom to hold opinions without interference and to seek, receive, and impart information and ideas through any media and regardless of frontiers.

A first and essential step towards building an information society that enhances human development would be to put an end to the widespread violation of free _expression_ that now occurs in so many nation states. Nothing in the action plan for building a just information society shall impair, restrict, or contradict this right.

We believe this principle must be applied to the WSIS process itself, including the conduct of the second phase of the WSIS Summit. Governments should not harass, threaten, or imprison individuals who exercise their fundamental right to freedom of _expression_. Individuals and organizations who defend human rights should have access to Summit activities, the right to speak, and unfettered access to the Internet.

Laws and practices that restrict freedom of _expression_ have been denounced in several reports produced by, among others, organizations such as IFEX, Rights and Democracy and the International Federation of Human Rights. Participants recalled the importance of both the recommendations contained in these reports, and their implementation.
... [snipped] ....

Privacy

Strengthening privacy rights is a prerequisite for the development of the Information Society and for building awareness and confidence among users of ICTs. This includes protecting vulnerable groups from exploitation and harassment. Data protection as well as the threats and vulnerabilities of ICTs need to be addressed in cooperation with all stakeholders. Surveillance and security measures should be kept to the minimum necessary for the maintenance of a free and democratic society.

Post-9/11, many countries are expanding personal identification measures and requirements, including biometrics. These schemes are poorly understood, are unlikely to achieve their claimed objectives, pose significant privacy and other civil liberties issues and have not yet received adequate expert and public scrutiny.

The personal communications aspects of the Internet must be given full privacy protections

Individuals have the right to be protected online from unwanted solicitation, the incurring of financial applications without consent, the invasion of their privacy without informed consent or operation of law, and the speedy and equitable resolution of disputes online.
... [snipped] ....



Internet Governance

New approaches to internet governance should allow better cooperation on Internet management and not be a pretext to regulate Internet content of news or opinion. In particular, security considerations and the demands of the battle against crime including terrorism should not imperil freedom of _expression_ and press freedom. The Internet and other new media forms should be afforded AT LEAST the same freedom and protections as traditional media.

Public consultation and engagement should be an integral part of the development of ICT-related public policy.

--
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 Rik Panganiban             email: rikp@earthlink.net
 UN Reporting & Advocacy    tel: (+1) 917-710-5524
 Civil Society Organizer    web: http://rikomatic.com    

** My book on e-Democracy and the United Nations


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