[CS Bureau] CSB Meeting - 14 Nov.

[Robert Guerra]

Please add me to the list of those present. I was there, i think

regards,

Robert

--
Robert Guerra <rguerra at privaterra.org>
Managing Director, Privaterra <http://www.privaterra.org>





On 16-Nov-05, at 8:20 PM, wsis at iprolink.ch wrote:

> 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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