[WSIS CS-Plenary] Intersessional negotiation group of PrepCom-3 - 26 October 2005 (morning session)

Wed Oct 26 18:30:33 BST 2005

Dear all, 

This is a short up-date on the meetings of the 'closed' intersessional
negotiation group (Wednesday 26 Oct. 2005 Morning session 10-13).

The meeting started very late (10:50).

Implementation and follow-up (Chapter 1 and 4)

Ambassador Karklins started the meeting by presenting the document DT-26,
circulated two weeks ago. This document contains the proposal to change the
structure and draft it in one chapter on implementation and follow-up. Based
on this assumption, he drafted proposal contained in document DT-26. In its
part on implementation and follow up, it is based on DT-9 Rev. 2. 

Mentioning that some delegations would need more time to analyse the new
proposed document DT-26 on Chapter 1 and 4 (Implementation and Follow-up),
which was circulated two weeks ago. 

He therefore proposed to proceed with Political Chapeau and Chapter 2 before
dealing with Chapter 1 and 4 this afternoon.

Back to DT-12 Rev 2. (political Chapeau)

Paragraph 9, after further consultation yesterday

Based on the new proposal from Russia, some delegations raised concerns
about the responsibility of states and other stakeholders (UK, Canada). 

Karklins called for revisiting this paragraph at later stage

Paragraph 12, replacing 11, 12 and 19

Discussion is still under way in drafting group and we could not deal with
that paragraph.

Paragraph 22

Agreed with the text as discussed yesterday after support from capitals: "We
urge governments using the potential of ICTs, to create public systems of
information on laws and regulations, envisaging a wider development of
public access points and supporting the broad availability of this
information.". 

Paragraph 32 and 33 (consultations by El Salvador)

El Salvador is conducing on going consultation, further information would be
available this afternoon only.

Paragraph 34 and 35 (cultural diversity, by UK)

UK: drafting group today, but still need to consult capitals over lunch
time. 

Paragraph 37

It was adopted ad referendum pending the clearance of the capitals
yesterday. 

UK requests a little more time at this time, and we would come back to this
later on.

Paragraph 39

The negotiation on this paragraph was reopened yesterday by the USA. On the
contrary, G77 supported that the wording initially agreed yesterday on
public policy should be maintained. G77 would like to see references to para
40 of the Geneva Declaration (enabling international environment for foreign
direct investment) to the existing reference to it paragraph 39 (rule of law
and public policy). We were sometimes closed to a reinterpretation on the
text of the Geneva Declaration paragraphs 39 and 40.

Ambassador Karklins finally proposed a drafting group to be coordinated by
Brazil and the USA, mandated to come with consensus proposals by 24 hours.

Paragraph 43 (consultation by Honduras)

Honduras asserted that the position of the G77 was that this wording for
para 43 should stay as it was. No consensus could be found on this question
of international cooperation. 

The chair recommended a next reading after consultation with capitals.

Paragraph 45

The G77 demanded the reopening of the negotiation on this paragraph, and to
keep the 1st sentence deleted yesterday, and putting the last sentence,
agreed yesterday, as a new paragraph 45A. UK, Canada and the USA agreed to
reopen this paragraph and to discuss it later after the negotiation groups
decide on an implementation mechanism.

Conclusion:

We removed one bracket from political chapeau (para 22)

Establishment of a new group by USA and Brazil on paragraph 39.

Reopening of discussion on one paragraph (para 45)

No progress on other paragraphs

DT-27 (financial mechanisms and G77 proposals)

Delegations accepted to open discussion on new proposed paragraphs 20A and
27A, but without guarantee that a solution could be found in the end, since
it was previously agreed that no new idea would be add during the
negotiation groups.

UK stressed that if the negotiation group agreed to discuss new paragraphs,
we would need other stakeholder to be allowed to make inputs on this since
it is important that they could propose their views before States discuss.

Please refer to the scanned document we attached yesterday with G77 new
proposals.

New paragraph 20A (transfer of technology)

After a discussion on the use of "preferential terms" or "on mutually agreed
terms", Ambassador Karklins proposed to leave "preferential terms" in
brackets so that this new paragraph would be revisited at later stage.

New paragraph 27A (trans-national corporations)

The decision focused on the new concepts of "corporate developmental /
social responsibility" and "responsibility of trans-national corporations"
(which is regularly discussed in Geneva in the context of the Sub-Commission
on Human Rights). 

Acknowledging that it would be difficult to get an agreement on this within
two days, Ambassador Karklins proposed to stop here the discussion, and
demanded the other delegations to circulate its alternate wording.

Paragraph 33

Agreed

Report on this afternoon's session will come later on.

Best regards, 

Philippe Dam

Philippe Dam
CONGO - WSIS CS Secretariat 
11, Avenue de la Paix
CH-1202 Geneva
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Fax: +41 22 301 2000
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