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[ NNSquad ] Civil Society Letter to the WCIT


Civil Society Letter to the WCIT
> https://docs.google.com/document/pub?id=1LiM3FfKF8Fgih7Um7v2vK20J2AigneGrgJ93YTbqLSM


9 December 2012

Open letter to the WCIT

Dear Secretary General Touré and WCIT-12 Chairman Al-Ghanim:

We, the undersigned members of civil society, are attending the
ongoing World Conference on International Telecommunications
(WCIT-12), both physically and remotely. We appreciate your efforts to
engage with global civil society and trust that you will take this
letter in the same spirit of constructive engagement.

We believe that openness and transparency should be the hallmark of
any effort to formulate public policy. In the months approaching the
conference, and in our experience at the WCIT so far, we have
discovered that certain institutional structures continue to hamper
our ability to contribute to the WCIT process in a meaningful and
constructive manner.

Now that the conference is in session, we wish to call your attention
to three immediate and pressing matters: the lack of any official
standing to the public comments solicited prior to WCIT at the ITU’s
invitation; the lack of access to and transparency of working groups,
particularly the working groups of Committee 5; and the absence of
mechanisms to encourage independent civil society participation. We
address these in detail below.

Public Comment Solicited By ITU Effectively Excluded. Prior to the
WCIT, the ITU assured civil society that it would provide an
opportunity for meaningful input through public comment. As many
organizations explained at the time, the inability to see specific
country proposals compromised the ability to offer a detailed
response. Nevertheless, primarily based on documents leaked to the
public, 22 organizations from four regions expended considerable
resources and effort to make the most of this single, albeit highly
limited, opportunity to engage on the substance of the proposals as
they existed at that time.

Unfortunately, the ITU has provided no mechanism for inclusion of the
public comments in the WCIT working papers. They are not made
accessible through the document management system (TIES) in the same
manner as proposals submitted by members, nor are any of the comments
reflected in the numerous working drafts reviewed by WCIT delegates.
As a consequence, delegates appear entirely unaware of these comments,
and the diligent work of civil society organizations that accepted the
ITU’s invitation to participate through the public comment process is
in danger of being lost. From a practical standpoint, the possible
help these public comments could provide in resolving some of the
contentious issues before the WCIT is wasted.

We have no doubt that the invitation to submit public comment was
extended in good faith, and believe that the lack of any mechanism for
including these comments in the deliberations of the WCIT is a result
of this being the first time the ITU has attempted this form of public
engagement.

We ask that you work with us to find an effective manner to bring
these public comments into the deliberations while they remain
relevant, for example by including them as Information Documents (INF)
in the document management system.

Lack of Transparency of the Working Groups. We applaud the decision to
webcast Plenary deliberations and the deliberations of Committee 5.
Nevertheless, the decision not to webcast or allow independent civil
society access to the working groups, particularly the working groups
of Committee 5, undermines this move toward transparency and openness.
The decisions made by the WCIT will impact the global community. The
global community deserves, at a minimum, to see how these decisions
are made. By contrast, the failure to provide access to the working
groups lends legitimacy to the criticism that the WCIT makes vital
decisions about the future of the public Internet behind closed doors.
While transparency cannot substitute for substantive engagement, it is
a valuable end in itself that lends legitimacy to all public policy
exercises.

We ask that you further enhance the transparency of the WCIT by
allowing access to and webcasting of  the Committee 5 working groups.

Absence of independent civil society participation. Finally, those of
us attending who are not associated with a member state or sector
member delegation are restricted in our ability to participate on
behalf of civil society. We recognize this is not a deliberate effort
to exclude civil society representatives, but a function of the ITU’s
structural rules. Nevertheless, these restrictions hamper our ability
to provide the WCIT with the benefits of an independent civil society
perspective, and report back to the global community.

We are aware that several member state delegations have actively
reached out to their civil society communities and included
representatives of civil society in their member delegations. We
commend the efforts made by these governments and encourage other
governments to take similar action. Nevertheless, these civil society
representatives are first and foremost members of their delegations
and have limited opportunities to express an independent civil society
view. While the participation of civil society representatives
benefits both the member delegations and the WCIT’s deliberations as a
whole, it cannot substitute for engagement with independent members of
civil society.

We recognize that the current institutional structures do not
facilitate independent civil society participation in the work of the
ITU. Given that it is unlikely that institutional changes can be
implemented during the WCIT, we ask that the two above issues be
addressed immediately and that the ITU commit to reviewing and putting
in place mechanisms that will encourage greater participation by civil
society.

We wish to acknowledge your efforts to reach out to civil society and
enhance openness and transparency at the WCIT.  We hope you will take
our concerns in equal good faith, and work with us to resolve these
issues as expeditiously as possible.

We look forward to further discussions and to building upon these
first steps of multi-stakeholder engagement.

Sincerely,

Access, International
African ICT Consumer Network (AICN), Regional
African Information and Communications Technology Alliance (AfICTA), Regional
Article 19, International
Bangladesh NGOs Network for Radio and Communication (BNNRC), Bangladesh
Center for Democracy and Technology, USA
Center for Global Communications (GLOCOM), Japan
Center for Technology and Society/Getulio Vargas Foundation (CTS/FGV), Brazil
Complutense University of Madrid, Cyberlaw Clinic, Spain
Consumers International, International
Delhi Science Forum, India
FANTSUAM FOUNDATION, Nigeria
Free Software and Open Source Foundation for Africa (FOSSFA), Regional
Free Software Movement of India
The Gambia YMCA, Gambia
Global Partners and Associates, UK
Index on Censorship, UK
Information Technology Association of the Gambia (ITAG), Gambia
Internet Democracy Project, India
Internet Society Bulgaria
Internet Society Serbia, Belgrade
IT for Change, India
Karisma Foundation, Colombia
NNENNA.ORG, Côte d'Ivoire
Open Source Foundation of Nigeria (OSFON), Nigeria
Public Knowledge, USA
Reporters Without Borders (RSF), International
Society for Knowledge Commons, India
Software Freedom Law Centre, India
Wolfgang Kleinwachter, University of Aarhus, Denmark

We encourage other civil society organizations and their members to
endorse this statement. Please email WCIT12civilsociety@gmail.com to
add your support.

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