RE: <amarc-3> Section I of the Declaration

[Mark Perkins <MarkP@spc.org.nc> (by way of Elvira Truglia <elv@alcor.concordia.ca>)]

Hi, I am Mark Perkins, ex Overseas Development Institute Library & UK
Laibrary Association Council - now working at the Secretariat of the
Pacific Community Library.

	While I have much sympathy with the views being expressed
regarding "curbing racial and many other views motivated by hatred" I am
very wary of enshrining this in basic treaties regarding freedom of
expression / access to information. This is for a variety of reasons:-

	A) Given that we are discussing intergovernmental organisations
/ treaties / declarations, we are here talking of governments, not
people. Governments are rarely representative of the population of a
country, whether elected or not (2 simple examples - in the USA a small
minority actually vote for the successful party of government, also the
class differences between elected officials and those they 'represent').

	B) Given the above fact, many governments use exemptions such as
this to stifle discussion. Eg. no culture is above criticism but many
governments (& groups) use such exemptions to prevent discussion of the
faults of their own culture, whether this be the role of women under
certain forms of Islam, the treatment of women in African cultures (eg.
genital mutilation in North Africa, wife beating in Kenya), in the UK
government ministers 'defending' english culture by asking which cricket
team people support or statements from the Singapore head of state that
'Asian culture' is not in favor of democracy. Also, under Pinochet in
Chile, the promotion of 'class' hatred was made illegal - thus
disempowering the majority of the working class population.

	C) I believe that the answer to 'hatred' speech is positive
speech, not banning or censoring. If something is libelous, the answer
is not to ban but prosecute for untruths. Similarly, direct  incitement
to commit a criminal act is something very different from "hate speech'.
I do not believe that 'freedom of expression creates ethnic tensions',
these arise from concrete economic & historical factors; although 'hate
speech' can maintain or exacerbate such tensions, the answer is to face
& deal with the underlying problems, not the symptoms.

	Aside from the above, I am very encouraged by the discussion so
far - especially moving the definition of communication away from
unidirectional publishing / media to the right of all to fully
participate. This is especially true given the new media, 'internet',
the potential this offers, and the role of commercial organisations  -
in conjunction with governments - proposing rules to suit themselves
rather than civil society (eg. agreements on filtering technology and
encryption).

	All for now, and again many thanks for organising a fascinating
&, I hope, fruitful discussion.

Mark Perkins
Secretariat of the Pacific Community Library
BPD5
98848 Noumea Cedex
New Caledonia
South Pacific
Tel: +687 26 20 00 Fax: +687 26 38 18
Email: MarkP@spc.org.nc

> -----Original Message-----
> From:	s.myint@qut.edu.au [SMTP:s.myint@qut.edu.au]
> Sent:	Friday, August 14, 1998 1:25 AM
> Subject:	Re: <amarc-3> Section I of the Declaration
> 
> Hi all, I am San San Myint, a phd candidate from QUT (Australia) and I
> have
> not been able to participate actively as I am trying to finish my
> thesis end
> of this year. What I have been able to read, I find very interesting
> as much
> for the relevance they have brought to our problems today as the way
> they
> reveal the sincerity of the people who want to make the world a better
> place
> for all to live in. 
> 
> 
> Can I make a short comment?
> 
> I agree with what Roland has suggested about putting "certain
> limitations to
> the right of expression." It will be very helpful in curbing racial
> and many
> other views motivated by hatred (for something different from what I
> think
> or what I am) in every society. It will also be a good way to argue
> for
> communication rights in societies where governments have been ignoring
> civil
> and political rights on grounds that limitless freedom of expression
> creates
> ethnic tensions. Thanks.
> 
> 
> San San 
> 
> 
> 
> 
> 
> 
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