[CS Bureau] CSB Meeting - 14 Nov.

[Viola Krebs]

Dear Philippe,

Just for the record, I was present at the meeting too.

Kind regards,

Viola

> Find enclosed the minutes of 14 Nov. CSB meeting.
> 
> Ph
> 
> ============
> 
> CSB Meeting
> 14 November 2005, 12:00-13:30
> Kram Center, Civil Society Pavillon
> 
> Tijani Ben Jemaa
> Renate Bloem
> Bertrand de la Chapelle
> Divina Frau Meigs
> Ann-Kristin Hakansson
> Francis Muguet
> Delphine Nana
> Tracey Naughton
> Magaly Pazello
> 
> 
> 1.	Host Country agreement
> The CSB had invited Mr. Arnaud Guillot, ITU Legal Advisor, to discuss 
issues
> related to the Host Country agreement and more specifically 
immunities for CS
> participants.
> 
> Mr. Guillot made it clear that this agreement was negotiated with the 
Host
> Country in accordance with usual UN practice and do not contain any 
major
> difference with other host country agreements on rights and 
obligations granted
> to participants. However he said that, in addition to many other HCA 
within the
> UN system, a specific and more explicit provision provides functional 
and
> jurisdictional immunities to representatives of SC and PS for their 
acts,
> speeches and writing in their quality of participant in the Summit.
> 
> Entrance and exit of the Host Country territory
> The general principle, as provided under Article III, is the free 
entrance, stay
> and exit of the Host Country territory for all participants in the 
Summit. This
> general principle within the UN system guarantees the independence of 
the
> Summit and of its participants.
> However, some specific limitations allow the Host Country to invoke 
duly founded
> objections to restrict the participation of a duly registered 
participant, for
> reasons of security and public order, including in case of criminal
> prosecution. Each case is very precisely scrutinized and, as provided 
under
> Article V-2, the final decision is only taken in consultation between 
the host
> country government and the ITU SG.
> 
> Precisions on immunities and privileges
> Participants in the Summit are protected by the functional immunity 
for his
> speeches and writings in a forum or meeting of the summit not only in 
the venue
> of the summit but also outside of the venue of the summit. He 
reminded most of
> the information related to the Host Country Agreement in general is 
available
> on the ITU website (FAQs on privileges and immunities:
> http://www.itu.int/wsis/tunis/info.html).
> 
> Exceptions to immunities and privileges
> Further to questions from CSB members on exceptions to general 
immunities and on
> more precise definition of concepts of security and respect of public 
order, Mr.
> Guillot clarified that immunities for CS participants are exclusively 
functional
> to allow them to participate in the activities of the Summit, and not 
in the
> only personal interest of the registered participant. Therefore, the
> participation in side events outside of the UN perimeter is not 
covered by
> immunities: this is a general principle for UN functional immunities.
> Security and public security are provided by national law only, and 
therefore it
> is not possible to define these concepts at the UN level. However, as 
provided
> by Article V-2, each restrictive decision invoking security and 
public order
> must be taken in consultation between the host country government and 
the ITU
> SG. Therefore, it is important that the WSIS ES / ITU be regularly 
informed of
> any problem potentially involving immunities of Summit participants 
or if
> participants consider that retaliation measures could be taken 
against them, in
> order to raise the attention of the ITU SG to guarantee the smooth 
running of
> the Summit.
> 
> Reporters without Borders
> At the request of several CSB members, Mr. Guillot gave some 
clarifications on
> the situation of Mr. Ménard, SG of Reporters without Border. He 
underlined that
> other representatives of Reporters Without Borders are in no way 
concerned by
> this strictly individual notification.
> 
> Security staff in parallel event rooms
> Mr. Guillot clarified that the security staff at the Kram centre acts 
under the
> responsibility of the Secretary General of the Summit. The presence 
of UN
> security staff in the parallel event room aims at preventing any 
potential
> incident between participants. However, he reminded that security 
staff remains
> under the authority of the Chairman of each parallel event, who is 
responsible
> of the smooth running of the session he moderates.
> 
> 2.	CSB statement
> CSB members acknowledge that no consensus existed on whether the 
statement
> discussed at its last meeting should be stated on behalf of the whole 
CSB or on
> behalf of individual families willing to do so. It was therefore 
decided that
> the Indigenous Family would pronounce this statement not on behalf of 
the CS
> itself, in order not to impose it to other CS families.
> 
> 
> 
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> 
> 

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