Dear Susanna George, Adam Peake and others,
Patcha is exactly right.
I want to clarify his points in different way.
We have the updated documents of Principle Declaration and Action Plan.
With regard to what Susanna and Adam addressed as Asian non-negotiables,=20
we have relevant paragraphs. And there we can confirm what remains=20
as options in the current documents or what civil society proposals are.=20
And also we should know that new sentence would no longer be added or
paraphrased. What we can do in PrepCom IIIA is just simply to choose
whether some squre bracketed parts should be taken out or not. I will
describe it more concretely item by item.
I also think that we can talk about what could be top priorities in Asian
region again, but my point is that we should correctly understand where we
are. And at this stage, even after our musts could be partly reflected in
the current document - although I never believe it, I don't think that we
could endorse this kind of meaningless document. Accordigly, first, we
should clarify what should be done in PrepCom IIIA and How we would
express our concern and what could be our minimum goal to be achieved.
* Communication Rights (pa.4 and 19)
The notion of communication rights have not been accepted. And the words
like the right to communicate and the right to access information have
already disappered. Unfortunately, the debate is just taking place
regarding whether we will accept Article 29 would be added or not in the
current text.(limiting human rights depending each country's situation)
----------------------------------------------
4. [1A. Communication is a fundamental social process, a basic human need=
=20
and the foundation of all social organization. It is central to the=20
information society. Everyone, everywhere should have the opportunity to=20
participate and no one should be excluded from the benefits the=20
information society offers. [Freedom of expression and freedom of opinion,=
=20
the right to seek, receive and impart information and ideas regardless of=
=20
frontiers [as enshrined in Article 19 [and 29] of the Universal=20
Declaration of Human Rights] are the necessary premise of the information=
=20
society.]]
19. [21-22] Freedom of expression and freedom of opinion, the right to=20
seek, receive and impart information and ideas regardless of frontiers [as=
=20
enshrined in Article 19 [and 29] of the Universal Declaration of Human=20
Rights] are the necessary premise of the information society. In building=
=20
such an information society, the ability for all to access and contribute=
=20
their information, ideas and knowledge is essential.
* Rights to Development
With regard to rights to development, we have already had two options.
Civil society has already supported two options and other two extended=20
square bracketed paragraphs and requested to take out 3bis part.
--------------------------------------------
3. We reaffirm the universality, indivisibility, interdependence and=20
interrelation of all human rights and fundamental freedoms, [OPTION A:=20
including the right to development] and their ties to the principles of a=
=20
democratic society, good governance, the rule of law at national and=20
international level and sustainable development, [upholding the sovereign=
=20
equality of all States]. [OPTION B: We are committed to making the right=20
of development a reality for everyone and freeing the entire human race=20
from want.]=20
[The international community must treat human rights globally in a fair
and equal manner, on the same footing, and with the same emphasis. While
the significance of national and regional particularities and various
historical, cultural and religious backgrounds must be borne in mind, it
is the duty of States, regardless of their political, economic and
cultural systems, to promote and protect all human rights and fundamental
freedoms.]=20
[Our challenge is to harness the potential of the information technology
to promote the eradication of extreme poverty and hunger; achievement of
universal primary education; promotion of gender equality and empowerment
of women; reduction of child mortality; improvement maternal health; to
combat HIV/AIDS, malaria and other diseases; the ensuring of environmental
sustainability; and in development of a global partnership for development
for the attainment of a more peaceful just and prosperous world.]
[3bis The information society based on ethics, moral values and human=20
rights and should be an environment where dignity of humankind is=20
comprehensively respected and fostered. The widest possible protection and=
=20
assistance shall be accorded to the family which is the natural and most=20
fundamental unit of our society. The information society creates an=20
environment where all national sovereignties, religious, cultural, social=
=20
and linguistic interest, without any discrimination are respected and=20
protected.]
* People with disabilities
I remember this part of paragraph 9 is fully reflecting those languages
which women caucus of civil society had suggested. Civil society group
also proposed to change the word - the disabled into "people with
disabilities" in accepting 9bis as one added sentence. Then, could women's
group and disability group be satisfied at those paragraphs?
--------------------------------------
9. We affirm that development of ICTs provides enormous opportunities for
women, who must be an integral part of and are key actors in the
information society. We are committed to ensuring that the information
society enables women=A1=AFs empowerment and their full participation on th=
e
basis of equality in all spheres of society and decision- making
processes. [, and to ensuring that they are portrayed fairly and
respectfully].
9bis In building the information society, particular attention should be=20
paid to marginalized and vulnerable groups of society, including migrants=
=20
and refugees, unemployed and under-privileged people, the elderly(elder=20
people), the disabled(people with disabilities), minorities, and those=20
living in remote and rural areas.
* Internet Governance
Now, the most debating paragraph is neither 14 nor 39. As Adam Peake said=
=20
it correctly, the hot point is paragraph 42.(ingergovernmental or=20
international or governments and other interested parties) Civil society=20
is arguing to use the word of "global public good" or "global facility=20
available to the public". But the word of "public good" had been squre=20
bracketed in previous version. Now such a notion would never be accepted=20
because it has already disappered after long debate among governments.
-----------------------------------
14. [27] All stakeholders - governments, as well as private sector, civil=
=20
society organizations and UN and other international organizations - have=
=20
an important role and responsibility in the development of the Information=
=20
Society and, as appropriate, in decision-making processes. The Internet=20
has evolved into a global [public] [infrastructure]/[resource] (global=20
public good or 'global facility available to the public') and its=20
governance should constitute a core issue of the Information Society=20
agenda. Building a people-centred Information Society is a joint effort=20
which requires cooperation and partnership between all stakeholders.
39. [44.]The Internet has evolved into a global public=20
[infrastructure]/[resource] (global public good or 'global facility=20
available to the public') and its governance should constitute a core=20
issue of the Information Society agenda. The international management of=20
the Internet should be multilateral, transparent and democratic, with the=
=20
full involvement of governments, the private sector, civil society and=20
international organizations. It should ensure an equitable distribution of=
=20
resources, facilitate access for all and ensure a stable and secure=20
functioning of the Internet, taking into account multilingualism.
* Community Media or Community based communication
Civil society, particularly Asia caucus suggested to add the notion of=20
"community media" or "community-based communication". But still in the=20
current document, such words has completely disappered.=20
----------------------------------
13. We are resolute in our quest to ensure that everyone can benefit from=
=20
the opportunities that ICTs can offer. We agree that to meet these=20
challenges, all stakeholders have to work together to increase access to=20
information and communication infrastructure and technologies, as well as=
=20
to information and knowledge, build capacity and trust, increase=20
confidence and security in the use of ICTs, create an enabling environment=
=20
at all levels, develop and widen ICT applications, foster and respect=20
cultural diversity, (support community-based communications), promote=20
media development, address the ethical dimension of the information=20
society, and encourage international and regional cooperation. We agree=20
that these are the key principles for building an inclusive information=20
society.
47. [51] The existence of [independent pluralistic and free] media [in=20
accordance with the legal system of each country and] based on the=20
Universal Declaration of Human Rights [particularly on Articles 19 and 29]=
=20
is crucial to any conception of the Information Society. [Individuals and=
=20
media should have access to available information]/[Freedom of access to=20
and use of information for the creation, accumulation and dissemination of=
=20
knowledge are important principles of the Information Society.] [Pluralism=
=20
of information and diversity of media ownership should be encouraged].=20
Traditional media (including public service broadcasting and community=20
media) in all its forms will continue to have an important role in the=20
Information Society and ICTs should play a supportive role in this regard.=
=20
[Formulation of professional and ethical standards in journalism is the=20
responsibility of media professionals.]
* Intellectual Property Rights and Open/Free Software
Paragraph 33 is breaking up the balance between user's right and IPR.
It is remarkably emphasizing the importance of the protection of IPR.
33a is the proposal of civil society, but no echo from governments.
In the paragraph referring to open source software, at the last moment of=
=20
PrepCom III, "free software" had been added. But as Richard Stallman had=20
pointed out appropriately, the whole paragraph 22 is reflecting the trick=
=20
of Microsoft so that some governmental policy to support open source s/w=20
could be accused as a discriminative policy in trade.
----------------------------------
33. [40C] Intellectual property protection is essential to encour age the=
=20
innovation and creativity in the Information Society. However, striking a=
=20
fair balance between protection of intellectual property, one the one=20
hand, and its use, and knowledge sharing, on the other, is essential to=20
the Information Society. This balance is reflected by protection and=20
flexibilities included in existing Intellectual Property agreements which=
=20
should be maintained. Facilitating meaningful participation by all in=20
intellectual property issues through awareness, capacity building and=20
development of legal framework is a fundamental part of an inclusive=20
Information Society.
(33a.[new paragraph] A balance between copyright, and forms of fair use=20
and the sharing of information is essential for the Information society.)
22. 24A. The growth of an information society should be encouraged through=
=20
the adoption of open source strategies for software applications as they=20
contribute to increase access and enhance diversity for software users.=20
Multiple software models exist which promotes the principle of technology=
=20
neutrality, these include open source, free and proprietary software, and=
=20
are valuable model that supports more affordable access to ICTs.
* Privacy Protection and Surveillance
There is no one independent paragraph regarding privacy protection rights=
=20
in declaration. So, civil society proposed one additional paragraph 27a.,=
=20
but it has not yet been echoed from any country. And there is no word of=20
"survellance" in that document.=20
--------------------------------------
(27a. [new paragraph] The right to privacy is a human right and is=20
essential for self-determined human development in regard to civic,=20
political, social, economic, and cultural activities. It must be protected=
=20
online, offline, in public spaces, at home and in the workplace. Every=20
person must have the right to decide freely whether and in what manner he=
=20
or she wants to receive information and communicate with others. The=20
possibility of communicating anonymously must be ensured for everyone. The=
=20
collection, retention, use and disclosure of personal data, no matter by=20
whom, should remain under the control of and determined by the individual=
=20
concerned.)
regards,
Chun
------------------------------------------------------------
Chun Eung Hwi
General Secretary, PeaceNet | phone: (+82) 2-2166-2205
Seoul Yangchun P.O.Box 81 | pcs: (+82) 019-259-2667
Seoul, 158-600, Korea =09 | eMail: chun@peacenet.or.kr
------------------------------------------------------------