WCIT Watch Day 10: This is Definitely About the Internet

December 12, 2012

Confusion reigned as the 10th day of WCIT debate staggered to a close (at 1:29AM local time on Day 11), with Conference Chairman Mohammed Nasser Al Ghanim muscling a contentious resolution on the Internet through a “temperature-taking” process that left some bewildered delegates feeling feverish.

At issue was the “Resolution to foster an enabling environment for the greater growth of the Internet,” a measure proposed by the WCIT Chairman himself, which pushes for a much greater role for the ITU in Internet governance. While digital rights advocates may differ on the ideal path forward for global Internet governance, most agree that this path shouldn’t involve the ITU acting as a government-driven clearinghouse for Internet policy.

When introduced in a plenary session that began at 10:30PM Wednesday evening, the Resolution triggered heated debate among delegates. As the session transcript shows, Chairman Al Ghanim attempted to close out this session by asking for the “feel in the room”:

CHAIR: I want the feel of the room, who is against this resolution.
 (Pause)
 Test test test test test test test test test thank you. You can lower your plate now. The majority is with having the resolution in.

Attendees using Twitter reported that delegates were confused about this move – did the informal show of placards represent a real vote? A delegate from Spain asked the Chairman for a clarification:

SPAIN: As a point of order, I would like you to clarify whether the temperature you were taking was simply a taking of the temperature. Has it now been interpreted as a vote and had we known that it was a vote, we might very well have acted differently.

CHAIR: No, it was not a vote, and I was clear about it.

The session immediately adjourned before some countries could even determine whether an official decision had been made.

The ITU routinely cites its commitment to finding consensus among Member States – failing this, decisions are brought to a vote. But this may have been the first time in the institution’s history that a decision was made based on a rough estimation of the so-called “temperature” in a room filled with exhausted delegates who may not have realized what exactly was being taken.

In addition to declaring a clear commitment to become a prominent player in the Internet governance landscape, the Resolution indicates that the ITU intends to maintain its current decision-making model, faulty thermometers and all. Although the Resolution makes some reference to participation from other stakeholders, these come in the form of suggestions that governments consult with experts or advocates before entering intergovernmental forums where they will typically be the sole decision-makers. This is disappointing given the tireless efforts of civil society advocates to demonstrate to the ITU Secretariat and Member States the immense value that expert and advocate voices can bring to complex Internet policy debates. Adoption of this Resolution may very well guarantee that non-government stakeholders will not be afforded fair representation in ITU decision-making processes.

There is no governance body in which this type of informal “temperature-taking” would constitute legitimate final decision-making. Countries that oppose the resolution must take a stand at the start of tomorrow’s first plenary session and demand that the issue be re-opened for an official vote that can be documented and recorded for public review.