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Human rights violations in Tunis: Should Canada go to Wsis?
by DrJ on 2005, May 5 - 8:50am
Reporters without Borders has called for a boycott of Wsis-2 in Tunis.

Renewed allegations of human rights violations in Tunis have been raised. Repression of those using the Internet, exercising a freedom of expression that we mostly take for granted in Canada, seems widespread.

I am not close enough to this situation to know what is accurate, and what is not, however there is significant evidence of violations, wrongful imprisonment, and worse, from respected human rights activists and some in Tunis. At Prep Com 1 in Tunis earlier this year, civil society groups were alarmed at the situation.
I also recall, as a civil society member of the Canadian delegation in Geneva for the Summit and prep Com 3 (2003), witnessing a shouting match between free expression-press advocates who questioned the wisdom of Tunis as a location for Wsis-2, and a Tunisian woman who rejected all such accusations. She called racists all those who made such allegations. They called her a government paid agent, (but I digress). The accounts of repression, which allegedly include torture, do not bode well for the effectiveness or success of any Wsis meeting in Tunis.

What do you think? Should Canada take part in Wsis 2 in Tunis when such a climate of human rights violation and repression exists? What about our previous committments to "human security" - have we abandoned these principles? The Wsis Declaration of Principles supports the UN committment to fundamental human rights, and Canada had to fight hard to make sure this principle remained in the final declaration. Can you imagine Canada and other nations having to compromise at a UN sponsored event ( led by the ITU) in order to keep human rights in the final statement?

It seemed to me in Geneva, as a direct witness from civil society, that Wsis and the Internet are providing a technological pretext for reopening all the committments that are basic to membership in the UN family. All of them. Gender recognitions were almost left out of the document entirely, and Canada played a key role in ensuring that this did not happen. "What is this thing called rule of law?" asked one of the national state delegates. Cultural diversity, so important to us as a multicultural multiracial society that strives for tolerance and mutual respect, was off the agenda rhetorically and in the document. "Culture" and its affirmation in policy, which is so important to Canada, meant something quite different from having your own TV shows, in societies where it is acceptable to deny women and ethnic minorities fundamental rights in the name of "cultural" and heritage rights.

Civil society can take much credit, for keeping Wsis 1 on track, to be sure, and the human rights advocates are especially effective (Diana Bronson, Deb Hurley are tremendous, splendid and graceful warriors in action). But key government allies are needed in order to actually accomplish work at these Summits, as those far more experienced than I can attest. Compromises get made, inevitably, but what are we endorsing by going to Tunis under current conditions?

What does it say to hold the next Summit in a country that stands accused of serious human rights violations, including the most recent (May 4) case of locking up a lawyer on charges that are said to be trumped up, ostensibly because he criticized government online? What signal does it send about the Internet and freedom of expression?

I do not think that this is a signal Canada should send. We do not want to reopen the Declaration of Principles, but nor to we wish to act like it does not matter! If the Summit 2 merely involves pious statements of principles, while progress on the Plans of action are on the agenda, and the real action focuses on the gigantic marketplace of ideas, goods and services in the ICT4D that Canada excelled in last time, what is gained? We can arrange a Trade show anytime! Surely we do not wish to engage in a Wsis 2 about Intelectual Property rights as the Americans have just put us on their bad pirate list, because we are showing some judicial and political independence as befits our own cultural and legal context on the crucial questions of the knowledge society. (In slightly more formal terms, Canadian policy makers have not adopted the US style digital millenium copyright act approach, and have not endorsed the WIPO IP Internet treaty clause, despite fierce US pressure, and Canadian courts are handing down rulings viewed as favourable to some degree to peer to peer and file sharing technologies, and against the protectionist stances of the major companies and rights holders. But I digress, and there is more on these complex and key questions for Wsis 2 elsewhere on this site, and everywhere online. :)

Canadian civil society should not go along with turning Wsis 2 into the sideshow of a Marketplace and Trade show, where Canada is busy selling itself and our technology to developing countries. Marketing and exporting is laudable, and whatever others in ngo-land think, I firmly believe in sustainability and small entrepreneurs and soncider that we should be doing much much more to link up the expertise of Canadian social entrepreneurs and the requirements of developing countries (our byDesign eLab was part of Team Canada trying to market our award winning e democracy platform in Geneva; there are aboriginal entrepreneurs I hope are all part of a Team Canada in the World effort ). BUT THAT IS SURELY NOT THE POINT of Wsis 2.

Sure, we have our own human rights cases at home: the Arar case, others, so we are not without blame, but this is not the point either, at least I do not think so. We are actively working to resolve these cases, we have a Charter of Rights and Freedoms that gets put in play by all sides, we have a legal and political and cultural framework, even if all parties are not satisfied (and O Mr Arar has reason not to be, after his time in a Syrian prison) My grad students from that part of the world have done recent work on new media and the prospects for democracy in the Mideast and there is simply no comparison. This is not racism, nor about disrespect for cultural differences, it is reality. Any rational observer will attest to this. The media, courts, opposition and civil society members like Bronson and Hurley and their Human Rights Watch group try their level best to get justice at home and abroad. This will always be a struggle, and so we struggle on, diversely, in all of our respective countries.

These are larger issues, and wider public debate and discussion should happen in canada on Wsis. More sustained political reflection is required on these questions. But on the mico scale, so far the agenda for Wsis 2 is happening in secrecy, with Industry Canada and Foreign Affairs making decisions on unknown grounds. Sadly, eCommons/agora has learned that some voices are being excluded without valid grounds from an invitational meeting between government and civil society set for Winnipeg on May 12 - 14. We are told that it is not possible to include all who should be there, but so far we cannot discover who set the final guest list, nor what the rationale is for inclusion and exclusion. But at least we have FOI legislation to try and find out!

That is surely a very poor route for Canada to travel to Tunis. We cannot preach transparency, accountability and responsiveness for all engaged stakeholders abroad, and not practice it at home. How can we preach to others about citizen and civil society inclusion in democratic governance in Wsis arenas, and not practice it at home in Winnipeg? Canadian civil society is small enough that all groups active on Wsis can reasonably be accomodated.

But I digress again from the larger questions. One thing experience has now shown convincingly is that the Internet will not automagically bring about freedom of expression. Canada, the US, and Europe all have their own takes on how to ensure free expression, press and association. There are cultural and political nuances for every society. What is acceptable in the UK will not work exactly as is in China, even should China decide to adopt a pro human rights and democracy stance in the world. I endorse freedom of expression Canadian style -- as existing within the limits of a free and democratic society, as our Charter section 1 has it -- with limits on hate speech, and room for pro Canada cultural policies; I do not accept the US style where free speech and the first amendment seems to trump everything. (For instance I do not accept that cultural policies designed to affirm Canadian expression and production on the airwaves are violations of free expression. Some of the more extreme US positions have argued this, and many US reps argue that all cultural policy is trade policy. This seems nonsensical, and Canada has up to now never agreed. )

You likely have your own preferred version of the meaning of freedom of expreession. Cultural conditions must be respected, and I am not arguing for some moral absolute that does not reflect an ongoing balance of individual and group claims within a rule of law and power of democratic legislatures, along with protection of minority rights. The Canadian way is to find a balance, and it is never easy. We certainly do not always get it right. But we keep on trying, and civil society has to keep playing that ethical role of promoter of conscience. Civil society does not always get it right either!

Wsis 2 seems to me significant in advancing some of these big questions for the Internet age, and a knowledge culture, even if I still believe it justified to call Wsis "the invisible summit." Most Canadians, even members of ngo groups who are members of Wsis, have never heard of it.

BUT I now wonder whether Canada should attend Wsis-2 in Tunis. Is this a good idea before there are tangible signs of full committment to the principles of fundamental human rights in the UN charter and in the Wsis declaration. These Human rights include freedom of expression on the Internet, and freedom of association at Internet cafes, which seem especially important symbolically and materially, since this is a Summit about development and the Internet.

Nothing against Tunis as a place. What concerns me is the idea, the symbol, the imaginary Wsis 2 in Tunis, the state of mind and the condition of rights and the reports of violations and people hurt and wrongfully imprisoned. What can we hope to accomplish if we as Canadians appear to ignore this? Now I must add that if support for human rights (with free expression, free press and freedom of association) is viewed as racist, or as developed world imperialism, well I think we have to ask ourselves an even more important question: does Wsis 2 need to get back to basics, and reopen the fundamental questions of human rights and other international obligations that supposedly all UN member countries endorse and practice.

Civil society has an ethical responsibility to ensure that these fundamental questions are not brushed away, in the rush to convene that gigantic Trade Market on Internet steroids. My worst fear is that in the Wsis-2 marketplace of ideas, at the exotic and gargantuan Marketplace in Tunis, the only significant question for valid haggling may very well end up being somebody's idea of Intellectual Property.

What do you think?

DrJ - Liss Jeffrey, PhD, is founding director of the not for profit eCommons/agora, the new media and policy byDesign eLab, and the McLuhan global research network. She teaches as an adjunct faculty member at the McLuhan Program at University of Toronto. Dr J was selected as one of three civil society members to serve on the Canadian delegation to Wsis 1, and attended Prep Com 3 and the Summit. Three members (inclduing Dr J) from the eLab took part in Team Canada's wonderful effort at ICT4D , where they had the unusual experience of marketing e democracy and the award winning eLab e dialogue platform and process. She is sorry that eCommons/agora has not been invited to Winnipeg, despite our active outreach on Wsis. We wish everyone a great confab, and look forward to the posting of reports accessible for the public on this civil society Wsis web site. eLab would also have liked to be invited to contribute its expertise in online public consultation.
Media inquiries welcome at ecadmin@ecommons.net
May 5, 2005
To Wsis governance email list (Advance)
by DrJ on 2005, May 11 - 6:40pm
(Sent to Wsis governance email list - May 11-05)

Hello all:

The C2C Canadian civil society public web space is raising questions about Canada's role in Wsis 2, given the escalating recent reports on human rights violations.
< http://wsis.ecommons.net/ >

I am posting these concerns to this governance list, and to plenary list, because this seems to me a matter that we are going to need to confront sooner rather than later. As a broad issue for all of the civil society groups, I think the relevance is obvious, and not confined to specialists in human rights or press freedoms. As participants in the governance strand, I consider this question poses a fundamental challenge to our capacity as civil society members to determine how to take a decision that requires both reflection within our own local groups (eCommons/agora in our case), and our own national governments concerned with Wsis, in addition to the intergovernmental bodies charged with Wsis 2 coordination ( ITU and the rest). Pardons in advance if this concept scope strays from your more focused notion of "governance."

Under what conditions are we as civil society members willing to overlook the human rights violations in Tunis that are being called to our attention by various journalist and human rights organizations?

When will we become more vocal regarding the problematic condition of human rights and freedom of expression and of the press in Tunisia? Am I missing something that you are all up on? Is this the time to hold our noses and take advantage of what can be gained in such an arena?

When will we decide -- or rather, start the discussion again, as I am not suggesting this has not come up before -- that the time has come to warn our own national governments that the situation is unacceptable, and does not appear to be improving, and that the question of the legitimacy of participation in Wsis 2 in Tunis must be on the agenda, now on the ground as we make our preparations at home, now at the national level as we discuss plans with our governments, and now at the UN, ITU, Unesco and international agency level?

We at eCommons/agora have started this discussion for Canada, on the basis of reports from others who are specialized in human rights. But we see this as a fundamental question that must be faced by all who are concerned with the Wsis process and substance.
More on my take:
< http://wsis.ecommons.net/node/view/558 >

There is too much business as usual attitude about this Wsis 2 phase it seems to me, yet we are finding it difficut to ignore some of the glaring contradictions between the rhetoric on democracy, rights and freedoms, and the reported situation in Tunisia. There are recent reports that I urge to your attention. This is not news, but there are very disturbing signs of a business as usual attitude. Sure, there are violations elsewhere, true, no country is perfect, but then Wsis 2 is happening in a specific place and some of us think that it has -- or should have -- a value beyond the everyday compromising that forms a significant part of international summitry. Wsis 2 is a meeting about how the plans of action are working, and that means among other things how are the principles working in those plans of action? Right? I am surely not missing something here.

We want Canada and Canadian civil society orgs to be very careful about what is being endorsed by overlooking the violataions of human rights, press freedoms, and freedom of expression and association on the Internet, as reported from witnesses in Tunisia. Should we go if nothing changes?

I have not seen much about this issue on here, so I shall refer anyone who is also a public interest civil society generalist (we who are not human rights and press freedom experts) to our own arena, and there are doubtless many others available.
These issues are open for discussion on our civil society resource site, C2C, launched in Geneva in December, 2003. The site also has info on Wsis 1 and 2, from Canada and elsewhere You do not need to be Canadian to visit, or to register, and to take part, and yes, oui, on parle francais aussi.
http://wsis.ecommons.net

The eCommons/agora does not want to see the road to Tunis paved with human rights and press freedom violations. That would defeat the spirit and the purpose of Wsis! That is why we want to speak out now.

Liss Jeffrey
director, eComons/agora

Comments welcome right here. Register, log in, reply.
[You can take part in the global discussion of civil society plans for Wsis 2 or subscribe and follow along, in the plenary list
_______________________________________________
Plenary mailing list
Plenary@wsis-cs.org
http://mailman.greennet.org.uk/mailman/listinfo/plenary ]
 
Update: Tunisian civil society views
by DrJ on 2005, May 12 - 12:53pm
Meryem Marzouki - http://www.iris.sgdg.org
IRIS - Imaginons un réseau Internet solidaire

reports on Tunisian civil society positions:

...The position of Tunisian independent NGOs is that they have indeed urged their foreign counterparts to support them by continuing their pressures on the Tunisian governement and by participating to WSIS II process (no boycott of the preparatory process). However, it has been publicly announced by them that PrepCom3 in next september is the deadline to assess if there have been enough progress made on the HR situation in Tunisia (especially with regards to criteria/recommendations of Tunisian independent NGOs themeselves, shared by missions organized by both IFEX-TMG and ICHRRD/FIDH/OMCT. This assessment will help everyone (form CS or governement) makes its own decision regarding WSIS II Summit of November, and make public this decision.

Tunisian independent NGO demands are at:
[EN]: http://www.iris.sgdg.org/actions/smsi/hr-wsis/resol-TN-0105-en.html
[FR]: http://www.iris.sgdg.org/actions/smsi/hr-wsis/resol-TN-0105-fr.html
[SP]: http://www.iris.sgdg.org/actions/smsi/hr-wsis/resol-TN-0105-es.html

IFEX-TMG recommendations can be found at: http://www.ifex.org

ICHRRD/FIDH/OMCT recommendations can be found at: http://www.fidh.org

From wsis plenary list
May 12 2005
 
Value in attending - response
by DrJ on 2005, May 11 - 8:13pm
From David G in Australia.

Hi Liss et al

In my online news monitoring of a whole range of
issues including internet governance I have noticed
that human rights abuses in Tunisia have got much more
prominence, at least amongst online news
organisations, over the last 12 months. One thing is
certain, without the proposed WSIS meeting, many
people would have been unaware of Tunisia's human
rights abuses.

Of course there are 2 ways to look at it. Boycott the
meeting or go to the meeting and try and raise the
issues in the meetings that happen. What the best way
is I don't know as there are arguments both ways.

However I would tend to think that if everyone
boycotts the meeting, then human rights issues will
remain not discussed and the wider world will be less
aware of them.

Regards
David

David G
COOGEE NSW 2034
AUSTRALIA
 
Reply to David G/Australia
by DrJ on 2005, May 11 - 8:15pm
Thanks and fair comment. I agree that news orgs have given this topic more prominence.

However,
1. I do not think that is the end of it, boycott and hear nothing about human rights violations, or go and benefit from a general raising of awareness of human rights violations in Tunisia, so perhaps I am missing something here, and I do appreciate your blunt approach, but it does not seem so cut and dried to me.
2. If we as civil society members do not raise the issues now, I suspect that even should the *strategic* decision be to go, never mind what is ethical or whatever other relevant criterion, then we do not have much credibility raising the issues once we are there. Nor do I think we can retain any moral credibility. We are civil society, not civil servants, nor the diplomatic corps.
3. Is it not our role to widen the scope of the discussion, not to act like everyone else does, summitry business as usual? (This is the "hold your nose" approach in Canada, and such compromises are often strategically and politically necessary. Not sure what the metaphor would be elsewhere!)

I guess I do not think the situation is this straight up. More discussion seems to me necessary, not the silence on this topic I am running into within civil society. You are right, it is not boycott or not boycott, but surely we had best talk about this, sooner rather than later or never.

Hey I appreciate your quick and to the mark response.

Dr J
More human rights observers are questioning Wsis 2 at Tunis
by DrJ on 2005, May 11 - 11:56am
The eCommons/agora Netizen news is set to add its Canadian civil society voice on this issue. Should Canada go to Wsis 2 in Tunis? Under what conditions?

The contrast between rhetoric and reality is stark:
Cite the IFJ statement elsewhere on this site:
The harassment " occurred only a few days after the publication of a message (http://www.smsitunis2005.org/plateforme/detail.php?id=387) by President Zine El Abidine Ben Ali on May 2, 2005 to the Presidents of the Association of Tunisian Journalists and to the Association of Tunisian Newspaper Editors, in which the President outlined his position for the upcoming World Summit on the Information Society (WSIS) in Tunis in November this year. President Ben Ali described the WSIS encounter as "the starting point of a new stage in international relations".

Recalling that "freedom of expression and press freedom are the basic rights for the individual as well as the community", President Ben Ali expressed his aspiration to build up "a country where freedom of press is progressively enhanced, where freedom of expression carries a dignified and noble significance and where journalism dwells in the due place it deserves and is supported by a free media".

These declarations were followed by the publication of an international mission report (http://www.fidh.org/IMG/pdf/tn418f.pdf) by the International Federation of the Humans Rights, the World Organization Against Torture and the International Centre for Human Rights and Democratic Development which details the range of pressures currently directed against Tunisian journalists (Report 418, May 2005):

a. Administrative harassment: "work stoppages, illegal searches and interrogations, confiscation of passports, shortage of professional press cards for foreign correspondents, censorship of publication and distribution of reports, prohibition of films, etc"
b. Economic harassment: "Several press organisations had to lay off journalists following pressures and/or sanctions against their staff who expressed critical opinions or who work actively in the defence of human rights"
c. Physical harassment: "Various acts of aggression against journalists committed by police (destructions of cars, arbitrary arrests, insults, man-handling and murder attempts"
d. Legal harassment: "Several lawsuits were brought forward and validated by the judiciary to sanction newspapers and journalists whose only wrong was to have expressed an opinion"

"The detention of journalists' representatives is in direct contradiction with article 8 of the Tunisian Constitution and article 242 of the Labour Code," said Ginet. "The scope of the pressures directed against the profession calls for an international reaction and a reflection on the effective sense of a hosting the World Summit on the Information Society in Tunis".

The IFJ is calling on the Tunisian authorities to immediately release all journalists' representatives and to respect the basic human rights of the Tunisian people. "

Canada needs to consider carefully its position.

ECommons/agora C2C
Canada's online civil society site (2003)
It should be the World Summit on the Free Information Society!
by Rodbourne on 2005, May 6 - 9:16am
I agree with the concerns raised by Dr Jeffrey in her various postings. Not only is it disturbing to the original conception of WSIS that there would be some limitation or exclusion to aspects of civil society, but the idea of those who suppress freedom of expression not only participating in, but actually hosting an event built on openness and free exchange of ideas, is not acceptable.

Interestingly, Reporters Without Borders used another technique on February 17 in Geneva:

"A preparatory meeting for the World Summit on the Information Society began on 17 February in Geneva. Reporters Without Borders is there with a delegation of cyber-dissidents and bloggers in order to put a face to the repression against Internet users in some of the countries that will be parading at this conference, and in order to present five recommendations for online free expression."
< http://www.rsf.org/article.php3?id_article=12584 >
and
< http://www.radionongrata.info/index2.htm >
Also up in French!

Perhaps another route to consider is to go, but protest (although I am not sure how successful would it be)
 
Yes to thinking strategically - Amelia's comment
by DrJ on 2005, May 6 - 3:17pm
< http://www.wsis-canada.gc.ca/act/en/Tunis_proposal.htm >

Go there to see the format for Canadian government positioning on Tunis.

We are planning on pulling reflections together. Let's attend to what is (and is not going on) where we can determne what this may be.
Thanks Robert
Dr J
 
Past news on Tunisia, Feb 2005 Human rights groups raise alarm
by DrJ on 2005, May 6 - 12:30pm
Human rights violations in Tunisia are not news. Aagain, we need to ask should canada go to Wsis-2 in Tunisia under current conditions?
------------------
< http://www.afrol.com/articles/15503>
Tunisia
Human rights
Total censorship remains in place in Tunisia

afrol News, 2 February - International freedom of expression groups are alarmed by the state of censorship in Tunisia, as documented by a fact-finding mission. A large number of books are banned in the country, websites are blocked, state media are totally dominant, private media exercise strict self-censorship and dissident voices are thrown into prison. An "action plan" is now needed, the groups say.

On the eve of the EU-Tunisia Association Council Meeting, scheduled to take place in Brussels [this past February] today, the International Publishers' Association (IPA) and PEN Norway (the Norwegian section of International PEN) urged the European authorities to adopt what they term "the EU-Tunisia Action Plan" as soon as possible. IPA also handed over a long list of Tunisian banned books to the EU.

The "alarming state of freedom of expression in Tunisia" had prompted IPA and PEN Norway to push for the adoption of a "National Tunisia Action Plan", calling for the respect for freedom of association and expression. Both rights groups were part of a recent international fact-finding mission to Tunisia, led in the framework of the International Freedom of Expression eXchange Tunisia Monitoring Group (IFEX TMG).

The fact-finding mission found a disturbing picture of the rights situation in Tunisia. Among the conclusions of the IFEX delegation were that Tunisian authorities were blocking websites that included news and information and blocking the distribution of books and publications.

Further, there where restrictions on the freedom of association, including the right of organisations to be legally established and to hold meetings. And there were restrictions on movement of human rights activists together with police surveillance, intimidation and interception of communications.

The IFEX mission further deplored the "lack of pluralism in broadcast ownership" in Tunisia. The country only has one private broadcaster. There was also a press and book censorship and lack of diversity of content in newspapers, the mission found.

For groups and individuals trying to break this state monopoly of expression, severe punishment was the typical result. IFEX denounced the "imprisonment of individuals for their opinions and media activities" and the "use of torture by the security services with impunity."

Lars Grahn of IPA commented that the Tunisian legal deposit system "is used as a sly form of censorship. We just handed over a list of Tunisian banned books to the European Union. Tunisian authorities should therefore be encouraged to lift censorship on books and other media," he added.

Generally speaking, the authorities do not approve independent non-governmental organisations. This, according to IFEX, "is particularly worrying in the light of the upcoming World Summit on the Information Society (WSIS)," the second phase of which is scheduled to take place in Tunisia in November 2005.

Several human rights groups have already strongly protested the organisation of the WSIS on Tunisian soil. According to Kjell Olaf Jensen, President of PEN Norway: "If nothing is changed, the conditions will not be met for true Tunisian civil society representatives to take part in the World Summit."

By staff writer

© afrol News
< http://www.afrol.com/articles/15503>
 
Judicial groups in Tunisia had warned against holding Media Summ
by Wsis NetiZen on 2005, November 14 - 1:47am
From Arab news. com last February:
" Deputy chairman of the Tunisian league in defense of human rights Suheir Balhasan said following the circulation of a report in Geneva on press restrictions in Tunisia that convening a summit about media in Tunisia is like convening a summit about the environment in a station for nuclear energy."

Robert Rabinovitch, head of CBC, will speak on the first panel at this Media Summit event. On behalf of all Canadians, he should not in conscience remain silent about these concerns, and the more recent violations of human rights and freedoms of association, expression and press that have been documented by international human rights and press groups (including IFEX)!
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