CRIS CAMPAIGN ASSESSING COMMUNICATION RIGHTS: A HANDBOOK SEPTEMBER 2005 libro ingles 1 21/10/05, 19:07 ACKNOWLEDGMENTS: This Handbook was produced as part of the CRAFT project (Communication Rights Assessment Framework and Toolkit) of the CRIS Campaign. HANDBOOK PRODUCTION: Seán Ó Siochrú, with contributions from Research Teams and the Coordinating Group. PROJECT COORDINATOR: Seán Ó Siochrú. COORDINATING GROUP: Karen Banks, Myriam Horngren, Philip Lee, Randy Naylor, Seán Ó Siochrú, Pradip Thomas. PROJECT ADMINISTRATION: World Association for Christian Communication. NATIONAL RESEARCH COORDINATION: Brazil: João Brant, Marcio Kameoka. Colombia: Astrid Carolina Cañas Cortés, Astrid Elena Villegas. Kenya: Alice Munyua, Wamuyu Gatheru, Muruiki Mureithi. The Philippines: Alan Alegre, Philip Arnold Tuano. European Union: Claudia Padovani, Jason Nardi, Iginio Gagliardone. Graphic design: MONOCROMO The Handbook, Framework, Advocacy Tools and Research Reports, and the research and organisational process that produced them, were supported by a grant from the Ford Foundation in New York. We are very grateful for the assistance. libro ingles 2 21/10/05, 13:18 Table of Contents 1. Introduction Background to the Handbook 7 Why Assess Communication Rights? 8 2. Introducing Communication Rights Introduction 13 An Early Debate on Communication Rights 15 A “Right to Communicate” and “Communication Rights” 19 Communication Rights and Freedom of Expression 21 The Value-Added of a Right to Communicate 25 Are Communication Rights Enough? 27 Communication Rights: Why Now? 29 A Worst-Case Scenario 32 The Case for a United Front 35 References 36 3. The Assessment Framework: Theory and practice Structuring Communication Rights 39 Four Pillars of the Framework 40 Key Rights Associated with Pillars 42 The Pillars in Practice 45 4. Applying the Framework Key Preliminary Decisions 53 The Research Phase 56 Using, and Troubleshooting, the Framework 59 The Verification Process 60 The Follow up: From Output to Outcome 62 Annex 1: An Assessment Framework on Communication Rights 65 Annex 2: Communication Rights in the International Bill of Rights 77 Annex 3: International Resources for Framework Implementation 81 libro ingles 3 21/10/05, 13:18 libro ingles 4 21/10/05, 13:18 1 Introduction libro ingles 5 21/10/05, 13:18 libro ingles 6 21/10/05, 13:18 Background to the Handbook This Handbook, and the associated research re- tion rights” within different national and re- ports and toolkits, have been developed through gional contexts. We could not begin from an as- a collaborative project of five research teams sumption of a common conceptual core, but around the world, working with a CRIS coordi- would rather have to open up a gamut of possi- nating group. The project acronym, CRAFT, bilities to be explored and tested against the re- stands for Communication Rights Assessment ality of different circumstances. It was the local, Framework and Toolkit, and was funded national and regional circumstances that must through a grant from the Ford Foundation. drive the process and demarcate the concepts, just as it is these levels –rather than the global The idea grew from a feeling among Communi- per se– that must drive forward the cause of com- cation Rights in the Information Society (CRIS) munication rights. campaign activists in different countries and re- gions that we could fruitfully compare, if only Thus, this project, called Global Governance and loosely, diverse experiences and meanings of Communication Rights, was launched by the “communication rights”. Over several years CRIS Campaign in February 2004. working together, we had come to use the term Teams were selected through an open process to casually, we believed, in a more or less commonly work in Brazil, Colombia, Kenya, and the Phil- understood manner. Yet we sometimes encoun- ippines, and at the level of the European Union. tered unexpected and diverse nuances –often more Each team combined advocacy and research ex- than nuances– suggesting that in reality we used pertise, and all had been involved in some way it differently when applied to different contexts. with CRIS campaign members. Over the fifteen Our use of “communication rights” at the global months to March 2004, they undertook research level too, in the context of the World Summit on in their territory, organised verification work- the Information Society and at civil society events shops, and wrote reports, all the while collabo- like the World Social Forum and national coun- rating through e-mail and a face-to-face Work- terparts, was something less than uniform. shop, held in Marrakech in November 2004. The Our experience led us to the conclusion that if project coordinator and central CRIS coordinat- we, as civil society activists, are to engage suc- ing group provided conceptual support, draft- cessfully with global and regional governance ing the Framework on Communication Rights, structures, we must be very clear about what we indicating resources, commenting on outputs, mean by communication rights, from local to organising a website, and so forth. global levels. This is essential to communicating This Handbook is based directly on the experi- our ideas to others. ence of the research teams, and drawn up with A “Framing Communication Rights” Workshop their collaboration. was held in Geneva1 in December 2003, along- The final component of the work was the joint side the WSIS, and this certainly helped to focus production of a Communication Rights Advo- the work of this Project. It was clear that the cacy Toolkit [http://www.crisinfo.org/craft/], a question was not simply one of enabling inter- complementary package of practical tools and national comparison, or adopting common materials, designed to assist activists, advocates terms, but one of formulating –indeed inventing and others directly involved in communication and reinventing– the concept of “communica- rights issues in their own areas. The CRAFT toolkit is comprised of two elements –a Hand- book and an Advocacy Toolkit– which can be used independently or, as they were developed 1 The report of the meeting can be seen at: http://www.ourmedianet.org/ documents/Framing%20Communication%20Rights.pdf in our CRIS project, in succession. INTRODUCTION 7 libro ingles 7 21/10/05, 13:18 Why Assess Communication Rights? This Handbook is a tool to assist an assessment Building bridges between groups of the current state and ongoing dynamics of com- in communication and media munication rights in a given territory. It offers The process of implementing the Framework guidance, based on our experience, on how a helped to build bridges between different advo- Communication Rights Assessment Framework cacy groups, researchers and CBOs working on (Annex 1) can be deployed most effectively and different aspects of communication rights, to address different goals. through enabling them to link their issues to those It is designed for use primarily by civil society of others, and to recognise the commonality of organisations and institutions, such as NGOs, struggle in the communications arena. research centres and academic institutions, with Through this rich interaction between or- an interest in assessing their environment in terms ganizations and specialists, the team be- of communication rights, or with a view to advo- lieves that the concept of communication cacy or pedagogic work in the area. rights, broad as it is, greatly assists the de- The following chapter offers an introduction to velopment of actions among them, allow- communication rights from a number of differ- ing them to realize that all are participat- ent perspectives. It argues that the concept of ing in the same struggle. For example, communication rights can draw together under small villages in Amazonia, with a notion a single conceptual umbrella what might appear of CRIS-related concepts, helped to build to be, at first sight, a diverse set of issues and a network of community radios and to pre- dynamics. The idea of communication rights serve their cultural identity and traditional links them all to a process of societal communi- knowledge. Communication rights relate cation that is central to political, cultural and to many different aspects, but they must economic life, and to individual and collective always be observed as a whole. (Brazil) identities. In the Philippines, a similar process was noted: We asked the implementing teams to document We feel that the Research project had a posi- the benefits and difficulties of the research pro- tive impact in integrating various threads of cess and the Communication Rights Framework, advocacies under the Communication Rights and their full reports are available from our umbrella. This was positively seen by the fact website (http://www.crisinfo.org/craft/). They of- that different constituencies —media rights fer a few useful insights into the benefits as they advocates, ICT for Development practitio- saw them: ners, telco regulators, NGOs using online • Building bridges between groups in commu- tools— were brought together in the valida- nication and media. tion workshop and began to see the thread of their issues as being interrelated, at least • Instigating debate on communication, using on the conceptual level. (The Philippines) the language of human rights and highlight- ing neglected areas. The process of implementing the Framework and the Report itself can point, in a very concrete man- • As a tool for advocacy in communication. ner, to linkages between different communication • Enabling the identification of key common ar- rights components that are often disconnected in eas for action, and development of strategies the context of a shared larger picture: for action. Each group deals with a distinct combina- • As a contribution to international dialogue on tion of communication rights. … It is pos- communication rights. sible to look specifically at cultural diver- 8 ASSESSING COMMUNICATION RIGHTS libro ingles 8 21/10/05, 13:18 sity and media ownership; intellectual As a tool for advocacy in communication property and cultural diversity; social ap- The above suggest that the Framework can be propriation of ICTs and freedom of ex- used as a tool to assist in developing a campaign pression. The way each organization ap- around communication rights. This was explicitly proaches communication rights is differ- the case where the team involved was already par- ent. But they have in common, on the one ticipating in the CRIS Campaign:2 hand, an overall picture that is central to an understanding of communication The research process and generic framework rights, and on the other, the possibility of were extremely useful for establishing CRIS using each of the indicators separately or Brazil. This approach had the advantage of in various combinations. (Brazil) bringing concrete issues into the debate, which allowed dialogue over a common ba- sis, but without obliging any actor to follow Instigating debate on communication, using any previous political orientation. The the language of human rights and highlighting research report was political enough to unify neglected areas those interested in communication rights and wide enough to reunite actors of several dif- Communication issues are seldom discussed in the ferent areas. (Brazil) context of human rights, a context that can bring a specific meaning to, and impact on, the political The Kenyan team suggested that regularly updat- process. This has particular resonance in Colombia ing the work would enhance its advocacy impact: where, through a process of interaction between Generally the team believes that the frame- academic research and grass-roots organisations, the work will eventually add impetus to ad- team attributed significant value to the process of: vocacy efforts in communications rights. … opening a space for communication as We anticipate that the status review, if up- a right, institutionally and within the dated, will play a significant role in creat- framework of the demands of diverse ing a linkage between hitherto disparate grass-roots sectors. (Colombia) sectors: information and telecommunica- tions, broadcasting regulation and com- The Brazil team also concluded: munication rights in general. (Kenya) In the long term, however, it could be in- “Localisation”, enhancing its focus and relevance teresting to use this generic framework as to local issues, was also an issue: a tool for political intervention in the com- munication rights status quo. (Brazil) Stakeholders in Kenya positively wel- comed the Communication Rights frame- Implementing all components of the framework work and affirmed the findings of the Re- also opened areas that were previously ignored search Team. They acknowledged that the or obscured from public view. concept of Communication Rights was a The research itself has also been an op- legitimate and important one, and was a portunity to interrogate and highlight of- positive contribution—however some par- ten marginalized yet significant issues in ticipants wanted to engage the concept fur- mass media such as access to information; ther to localise/indigenise it. (Kenya) decriminalization of libel; and foreign ownership in media; as well as link up the issue of IPR as a communication rights is- 2 There was no obligation on teams that their work in the project should contribute to the CRIS campaign, only to the communication rights sue for all. (The Philippines) context in general. INTRODUCTION 9 libro ingles 9 21/10/05, 13:18 As a means to identify key common areas The teams came together towards the end of the for action, and develop strategies for action work to discuss the process and results, to identify areas of key concern, including of common con- Based on the research results, all four national cern, and to design the conceptual basis for the studies identified areas of key concern, a process advocacy toolkits to be developed from the re- that began with the Verification Workshops and search. The encounter, and the level of interaction, was completed by the teams themselves in col- agreement and subsequent work together, has un- laboration with local interests. The rationale for derlined the extent to which the teams had devel- the selection varied, but in all cases it included a oped a common, but variegated, understanding of perception of both the gravity of the issue for communication rights throughout. people's communication rights and the potential The deployment of the advocacy tools developed for practical advocacy action through a broad col- under a common conceptual scheme will continue laborative effort. into the future, and hopefully lead to further in- All teams have also gone on to develop tools for teraction as well as additional use by many groups advocacy. These have a common component fo- and organisations outside of this project. cusing on communication rights in general (of All but one of the teams (along with groups in- which this Handbook comprises a part), but also volved with the research) are already actively en- a component tailored to their specific needs and gaged together, and with others, in two interna- circumstances. These can contribute to consoli- tional fora on communication issues –the World dating bridges between actors, and to building a Summit on the Information Society and UNESCO's more secure base for a campaign in the future. Convention for the Protection and Promotion of However, future teams taking up the Framework the Diversity of Cultural Expressions– both of in their own contexts may decide to build on the which cover issues that emerged strongly from the outcomes in different ways, i.e. the development research. We believe that the extent and quality of of advocacy materials may not always be the cho- international collaboration will continue to grow sen way to take the work forward. Perhaps the as an additional outcome of this work. focus will be on an authoritative publication; on designing a common strategy; on organising an ongoing forum for interaction; on direct lobby- * * * ing of political powers; or any number of ways that committed people go about addressing criti- This Handbook is, in the end, directed at any and/ cal social concerns. or all groups who are concerned about commu- nication rights issues in their areas. Along with This Handbook is intended to leave it open to the associated materials, it forms just part of a local groups to select any and/or all such ways of larger set of resources available from the CRIS moving forward. Campaign, working in collaboration with numer- ous other groups worldwide. It is hoped that they may encourage and facilitate many more to take As a contribution to international dialogue up the challenge of communication rights. on communication rights ■ Behind the idea of the project, and of the toolkit, was the need to develop a common understanding of communication rights, which was nuanced enough to sustain meaningful interaction and com- parison between different circumstances globally. 10 ASSESSING COMMUNICATION RIGHTS libro ingles 10 21/10/05, 13:18