AW: [WSIS CS-Plenary] CSTD -final negotiations

Tue Jul 25 09:12:44 BST 2006

Dear all,

the dasbte on WSIS ROP, Rule 55, during the recent ECOSOC meeting is an interesting "case". Originally there have been two options for Rule 55 (for NGO and similar for business in Rule 56 which later became only one paragraph) during PrepCom1 in Geneva, June 2002.

Rule 55
[Representatives of non-governmental organizations[1]]

OPTION A

[1.    Non-governmental organizations accredited to participate in the Committee may designate representatives to sit as observers at public meetings of the Preparatory Committee.

2.       Upon the invitation of the presiding officer of the body concerned [and subject to the approval of that body,] such observers may make oral statements on questions in which they have special competence. If the number of requests to speak is too large, the non-governmental organizations shall be requested to form themselves into constituencies, such constituencies to speak through spokespersons.]

OPTION B

[1.      Non-governmental organizations accredited to participate in the Preparatory Committee may designate representatives to participate as observers, without the right to vote, in the deliberations of the Preparatory Committee, and, as appropriate, any other sub-committee on questions within the scope of their activities.

2.       If the number of requests to speak is too large, the non-governmental organizations shall be requested to form themselves into constituencies, such constituencies to speak through spokespersons.]

                     Rule 56
[Representatives of business sector entities]

OPTION A

[1.    Business sector entities accredited to participate in the Committee may designate representatives to sit as observers at public meetings of the Preparatory Committee.

2.       Upon the invitation of the presiding officer of the body concerned [and subject to the approval of that body,] such observers may make oral statements on questions in which they have special competence. If the number of requests to speak is too large, the business sector entities shall be requested to form themselves into constituencies, such constituencies to speak through spokespersons.]

OPTION B

[1.      Business sector entities accredited to participate in the Preparatory Committee may designate representatives to participate as observers, without the right to vote, in the deliberations of the Preparatory Committee, and, as appropriate, any other sub-committee on questions within the scope of their activities.

2.       If the number of requests to speak is too large, the business sector entities shall be requested to form themselves into constituencies, such constituencies to speak through spokespersons.]

________________________________

[1]   It is recalled that paragraph 23.3 of Agenda 21 provides that "any policies, definitions or rules affecting access to and participation by non-governmental organizations in the work of the United Nations institutions or agencies associated with the implementation of Agenda 21 must apply equally to all major groups". Agenda 21 defines major groups as comprising women, children and youth, indigenous people, non-governmental organizations, local authorities, workers and their trade unions, business and industry, the scientific and technological community and farmers. Therefore, based on Agenda 21, rule 55 shall apply equally to non-governmental organizations and other major groups.

The main difference was that Option A allowed "to SIT as observers" and Option B "to PARTICIPATE

as observers". If you go through the detauls you will discover some other interesting peices of language. 

The final adopted Rule 55 was more Option A than B, but there was an understanding that the Rule should be adoped "flexible" according to the concrete circumstances. The "flexibility" was given into the hands of the Chair. It became in particular a controversial practical issue in the IG sub-group negotiations when the chair proposed the "revolving door" practice (PrepCopm3 in Geneva, September 2003) which was strongly opposed by CS&PS. In WSIS II to avoid any further complications Ambassador Khan found the trick to bypass procedural confrontation by negotiating the final deal on Internet Governance during PrepoCom3 (September 2005) and in Tunis in Plenary (with all the deal making private consultations outside the official negotiations). This flexibility contributed to a high degree to the success. But such a "flexible approach" depends upon the individual chair and the concrete circumstances. From the CS point of view this is acceptable for a certain moment in life, but does not guarantee sustainablity. To reaffirm Rule 55 in the ECOSOC context could be seen as a (very) small step in the right direction, but after all the established practice (after PrepCom1 which was in 2002, four years ago!!!) it is not a good signal that governments understand the challenges of the information age. They look backward, fighting for yesterdays interests and loosing tomorrows opportunities. This is a shame because they ignore the interests of broad constituencies which they formally have recognized in the WSIS Geneva Declaration of Principles. If you say "A" you have to say sooner or later "B". 

Best

wolfgang

________________________________

Von: Renate Bloem [mailto:rbloem at ngocongo.org]
Gesendet: Mo 24.07.2006 22:38
An: CS Plenary
Cc: adama samassekou; Dr. Francis MUGUET; Jean-Louis FULLSACK; Philippe Dam; Alejandra Mendoza; Wolfgang Kleinwaechter
Betreff: [WSIS CS-Plenary] CSTD -final negotiations

Dear all,

The current hot spot on MS-erism in the negotiations of the CSTD is not so much about WSIS rules against ECOSOC rules, but rather about the spirit of interpretation.

The WSIS rules and procedure as adopted in PrepCom 1 Geneva phase regarding CS participation and contained in para 55 of those rules just say:

Rule 55

Representatives of non-governmental organizations, civil society and business sector entities

1       Non-governmental organizations, civil society and business sector entities accredited to participate in the Committee may designate representatives to sit as observers at public meetings of the Preparatory Committee and its subcommittees.

2       Upon the invitation of the presiding officer of the body concerned and subject to the approval of that body, such observers may make oral statements on questions in which they have special competence. If the number of requests to speak is too large, the non-governmental organizations, civil society and business sector entities shall be requested to form themselves into constituencies, such constituencies to speak through spokespersons.

In comparison, the ECOSOC resolution 1996/31, guiding NGO participation in almost all UN mechanisms is far more comprehensive, and as thousands of NGOs can testify, has given them the most incredible part in many years of discussion of the Commission on Human Rights, and will hopefully continue to do so, even in an enhanced way in the new Human Rights Council.

What we as CONGO fight for is that all WSIS accredited entities will get these same rights in the CSTD through a fast track operation (which has happened in a similar way after the Johannesburg Conference)  putting them on the same level as ECOSOC NGOs. And we are very near this......To make the CSTD and ECOSOC work in WSIS follow up will be decisive to finally mainstream WSIS in the UN system.

However as said above, what finally will make or break such effective participation is the political will and wise leadership as we had with Samassekou, Karklins and Masood Khan and others that made WSIS somewhat unique.

The fight goes on..

My very best 

Renate

--------------------------------------  

Renate Bloem
President of the Conference of NGOs (CONGO)
11, Avenue de la Paix
CH-1202 Geneva
Tel: +41 22 301 1000
Fax: +41 22 301 2000
E-mail: rbloem at ngocongo.org <mailto:rbloem at ngocongo.org> 
Website: www.ngocongo.org <http://www.ngocongo.org/> 

The Conference of NGOs (CONGO) is an international, membership association that facilitates the participation of NGOs in United Nations debates and decisions. Founded in 1948, CONGO's major objective is to ensure the presence of NGOs in exchanges among the world's governments and United Nations agencies on issues of global concern.  For more information see our website at www.ngocongo.org <http://www.ngocongo.org/> 