Why Democracy is Declining

It’s no surprise that democracy is in a deep crisis, a glance at the democracy index by the Economist’s Intelligence Unit shows it clearly. According to it, only 4.5% of the world’s population lives nowadays in a “full democracy”. It was 9% only few years ago.

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This is even more evident in the very countries we always regarded as examples and bulwarks of democracy – Britain, France, US – the cradles of parliamentarism and of the rule of law.

I don’t say that these countries are not democratic anymore, I just worry about the amazing rise of populism and nationalism there, which are testing the democratic institutions as never before.

We can give so many different explanations for that: sociological, psicological, cultural… the liquid society and the solipsism and egotism of the modern human, the globalisation and rise of technology, the circulation of capitals and the social dumping, but I think that all this is just the background picture.

The real problem is in the dimension of the issues we face nowadays: migration waves, financial crises, global warming, terrorism…

Not one of these problems can be faced by a country alone, hardly by a group of countries acting together, even the European Union is struggling.

Citizens feel insecure, unsupported, and they expect answers from their political leaders, and from their governments. After all, this was the reason why the modern state was created in the first place: to offer security. Unfortunately, no state can offer this, not anymore.

Only populist politicians still offer promises and guarantees, do they know how illusory these are? Do their electors know?

And the easiest promise of all is the nationalist one: shutting the world out of the door, raising walls, guarding borders,  stopping people. Our country first… and only.

I understand the fear which originates these reactions and I am not here to add judgment and blame on the already excessive amount of judgment and blame we see around. I just don’t think this will work… if not to buy some time before the same problems knock to our doors again and again.

The solutions to these problems are difficult to imagine and hard to communicate. Nonetheless they do exist.

Just have a look at the agenda for Sustainable Development Goals  and at the countless initiatives started by private citizens to improve the state of the world, such as Geoversive, SimPol, the Good Country, ICRCCEN, Global Citizen, Business Fights Poverty,  and my list could go on and on…. Other solutions are possible and – even if we don’t see them on TV shows or in the news- other people are already thinking of them.

The decline of democracy can be stopped in two ways: one is in the hands of governments and it is the cooperation for the common good, the other is in our hands as citizens and it is in owning the awareness that we are global citizens and claiming for solutions at national and at global level.

Only stepping into our power, supporting and joining the initiatives and the causes aimed at solving our common problems we can still feel proud citizens of our state and and of this world.

 

 

 

Manifesto: “A genuine European Union to ensure welfare, security, and democracy”

We European citizens are worried and scared. The economic and financial crisis has impoverished many of us. Youth unemployment risks creating a lost generation. Inequality grows and social cohesion is in peril. The EU is surrounded by war and instability from Ukraine to Turkey, the Middle East and North Africa. The flux of refugees and migrants has become a structural feature we must address together, in a human and forward-looking manner. In many Member states we witness authoritarian tendencies and the rise of nationalist and xenophobic forces. Democracy and the core values of the European modern civilization are under attack. The EU itself is questioned, although it ensured peace, democracy and welfare for decades.

We European citizens don’t want our national politicians to care only about their next local or national election. They ask for European solutions to European problems but then they act to render those solutions impossible or ineffective. They disregard sensible Commission proposals or fail to implement decisions already taken , including when agreed by all. They claim, one day, for Europe to do something and protest, the following day, Europe’s proposed actions. We ask national politicians and the media to stop depicting integration as a zero-sum game, thus pitting nations against one another. In an interdependent world no nation can satisfy all of its citizens’ basic needs and appeals for social justice. In this context, integration and supranational government is a positive-sum game. Our European social model based on liberal democracy and a social market economy can only survive in a multi-level framework of government, on the basis of the subsidiarity principle.

We European citizens are aware that globalization is transforming the world. We need a European government to foster our common values and contribute to the solution of the global problems threatening humanity. The world needs an outward-looking cosmopolitan Europe to help build a more effective and democratic global governance to cope with climate change, peace, global poverty, and the transition to an environmentally and socially sustainable economy.

We European citizens recognise the EU as an incomplete Res Publica. It has a ridiculous budget (0,9% of GDP) and no financial autonomy from Member states, while its current competences are out of date for what is necessary to successfully answer the challenges of the current crises. It has a federal like legislative, judiciary and central bank. But democracy is the possibility for citizens to choose the government and make it accountable. For the Union to work and be democratic its decisions, including budget, foreign and defence policy, and the reform of the Treaties, should primarily be taken by a qualified majority representing the majority will of European citizens and states. The Commission should evolve into a fully-fledged government, setting and promoting a political agenda legitimated through elections. European parties should present their candidates to the Presidency at the European election. The alternative is a directly elected President of the EU merging the Presidencies of the Commission and the European Council.

On 14 February 1984 the European Parliament adopted the Draft Treaty establishing the European Union, the so-called Spinelli Project, pointing towards a political union, which Member states disregarded. On 14 February 2017 we call upon the European Parliament, the only directly elected body of the EU, to take a new initiative to kick-start the EU on strengthened democratic basis. Talking about banking, fiscal, economic, energy, security, defence and political unions makes sense only within a genuine democratic European Union, with all those policies under a European government.

On 25 March 2017 the Heads of state and government will celebrate the Treaties of Rome establishing the European Economic Community and Euratom in 1957. We call upon them to match the vision of the Founders. They should open the way to the re-foundation of the EU on the basis of the European Parliament proposal, and immediately exploit all the Lisbon Treaties’ instruments to strengthen EU institutions and policies, especially on foreign and security, economic and social policies. We call upon the Europe’s youth, its civil society, workers, entrepreneurs, academia, local governments and European citizens to participate in the March for Europe in Rome on March 25. Together we shall give the political leaders the strength and courage to push forward the EU to a new beginning. European unity is key to solve our common problems, safeguard our values and ensure our welfare, security and democracy.

If you agree, please consider adding your signature to the ones by over 300 European intellectuals and academics. You can easily do it here.

You can also join us in Rome on March 25, the programme is here.

Refugees as Global Actors

 

Image: UNHCR

Image: UNHCR

Some days ago I came across this beautiful petition (thanks Twitter!), which resonates with my assumption that individuals should have a say about issues and policies which impact on their life, even when they are managed at global level.

I copy/paste it here for you to read and possibly sign:

Internally displaced persons, refugees and people living in exile unite!

Europe is presently facing its biggest refugee crisis since the Second World War. Millions of people are being displaced in Syria and Iraq, as well as in other parts of the world, and many are trying to reach Europe, not only because they hope to be safe there, but also because of the political rights Europeans enjoy and take for granted: the right to free expression, the right to vote and so forth.

Yet, those few who do make it to Europe find themselves excluded from public life, without political rights and without a voice. To challenge that, we, people displaced by force, together with some NGOs and other stakeholders, are starting to organise ourselves with a view to creating new democratic structures both locally and internationally, so that in future internally displaced persons, refugees and people living in exile can offer themselves as dialogue partners to local councils, national parliaments, the European Parliament and the UN.

If you would like to support this initiative, please sign this petition now. We look forward to hearing from you.

If you agree, you can sign it here.

After a Skype conversation with Nico Andreas Heller, promoter of the initiative and founding director of the Democracy School, I found out that this petition is the tip of the iceberg of a wider process, aimed at creating an International Committee of Refugees (ICR), a directly elected, democratically accountable, representative body for internally displaced persons, refugees and people living in exile.

The challenge is tremendous: refugee camps host people from different cultures, religions, life experiences and many of them could have no experience of democracy at all (or don’t buy my or your idea of democracy).

They escape from different realities and for different reasons. They are over 65 millions nowadays and this number could increase over time as it is very possible to imagine climate refugees in the next future, fleeing from extreme climate events.

How the population of a camp could be represented? How the camp could have some kind of self-government to manage its specific needs and solve its internal problems? How the global population of refugees could dialogue with states and international fora – the UN in the first place – about their future?

From a strictly legal point of view, we need to consider that individuals are not unanimously considered subjects of international law, they cannot create an international organization, but just a non-governmental organization (NGO). They cannot dialogue on equal footing with states and international organizations but just enjoy – here and there – a limited observer status.

Nonetheless, an International Committee of Refugees would give them the rights to be aknowledged and to be heard. Which seems to me the minimum threshold for global civic rights. The mobilisation to explore innovative solution is on its way, and we are all invited, you can join it here.

I want to mention another beautiful project, the Project Love  – promoted by the architect and life coach Gregorio Avanzini -intended to create a holistic and scalable solution for refugee camps which includes everything from meeting basic human needs ( nutritious food; clean water; shelter; health care; education; emotional support). This too is an open initiative and everybody could offer his/her own expertise to make a difference.

We cannot ignore that we are facing  “the worst refugee and humanitarian crisis since World War II”( quoting UN Secretary Ban Ki-Moon) and one of the biggest issues in the XXI Century. Denial will just make it bigger.

It’s time to consider people not just as part of the problem, but as part of the solution.

Active Global Citizenship: Making the Climate Convention Work

First published on Vocal Europe

 

We are all shocked because of the floods in Paris and across most of central Europe: from Germany to Belgium to Romania. We are scared for the increased frequency and violence of such exceptional climate events, we are worried for our future and the future of our sons.

Yes, some commentators pointed correctly out that this kind of events – as exceptional as they are – already happened in the past, but everybody agrees that global aggregated data on temperature rise are unprecedented, at least as far as we humans can record.

And no events like natural disasters make us feel more powerless, just victims or scared observers.

Still, an attempt has been done – if not to restore the previous climate conditions – at least to slow down this crazy growth of temperature by limiting the impact of our species on the Earth’s ecosystems, to make it finally sustainable. This is the Paris Agreement on climate change, adopted by consensus on 12 December 2015 by 196 delegations, signed by 177 states and already ratified by 17 of them.

Unfortunately, as ambitious as it is, the Paris Agreement is not enough.

In the text, which is the result of the twenty-first meeting of the Parties (COP21) of United Nations Framework Convention on Climate Change (UNFCC), the member states “…Acknowledging that climate change is a common concern of humankind”, commit to hold “ the increase in the global average temperature to well below 2 °C above pre-industrial levels and pursuing efforts to limit the temperature increase to 1.5 °C”.

The goal, so, it is not a correction of the current situation, but just the effort to stop further worsening.

While the convention offers some interesting guidelines to help to reach the goal –subsidiarity, transparency, responsibility – unfortunately it does not provide any real enforcement mechanism nor sanctions in case of infringement. The respect of so important commitments depends solely on the good will of the signatories and on the peer- review mechanism every 5 years.

We know that this isn’t enough, but how could we – the citizens – do something about that?

Well, actually, we can do something.

Through an initiative called “citizens’ climate engagement network” we can all do something.

And I have to thank Joseph Robertson, global strategy director at Citizens’ Climate Lobby for starting this wonderful lab for the empowerment of citizens across the world.

He was right when he wrote to me some days ago: “supranational democracy is underway!”

CCEN could be defined as a new global framework to support and expand direct citizens’ and stakeholders’ engagement in the intergovernmental process, in the surveillance over the States and the way they keep their commitments, in promoting new ideas and ways to stop climate change.

In practice, anybody can host a local working session, to contribute local insights and experiences to the global climate policy process. A toolkit for local sessions is on-line, ready to use. A platform will provide exchanges of views inside this community of engaged citizens. Finally, an Advisory Coalition meets once a month to share insights, think through challenges to meeting the mission of the CCEN, which is to ensure any voice from anywhere with an idea worth sharing can be heard in the global conversation.

The governance is completed by a secretariat and a global team of local networks of leaders, stakeholders and collaborators. The mission is to build a global base of local knowledge, relating to the Paris Agreement, and to bring all the local insight into the COP22 negotiations, making all voices heard. So increasing the legitimacy and the accountability of and the inclusion into the Paris Convention framework.

Representatives from several UN agencies and dedicated NGOs joined the advisory coalition  in their personal capacity, and I’m very glad to be part of it. And the UNFCCC secretariat hosted the initiative in its newsroom. It’s getting big!

What is most relevant in this bottom-up exercise, we learned the lesson that organized citizens may take a stance for global goals, so filling the gaps of global governance. The CCEN is a precious lab. It shows how active global citizenship is possible, as a path towards a more democratic world.

The effort behind this accomplishment could be replicated for other goals, empowering communities of committed people to work together as active global citizens: I think of associations and NGOs promoting human rights, fighting poverty, claiming for women and children’s rights. And these are just examples.

If there is a lesson we can learn from the climate change challenge, it is this sense of belonging to the human family, sharing a “common concern” as humankind.

COP21_participants_-_30_Nov_2015_23430273715-897x494

 

From the Chaos, the Tiles of a New World Order

In many mythologies, order is born out of chaos. Well…  there is hope, at least !

What we see around us is quite a chaotic world: magmatic and unstable, full of emergencies, slipping out of the control of inadequate social and political structures.

Some of us have the impression that time is ripe for a big leap, a cultural revolution as the only  possible alternative to sinking into the anarchic collapse of our societies or, even worse, a new fall into the hell of nationalism and war.

Some philosophers or mathematicians could object that we are used to live on the edge of chaos, being the world a complex system whose balance is intrinsecally unstable. Hence, the  chaos theory seems to ignore  – at least in the social science – the important variable that I would call human evolution.

The choice is not simply between chaos and complexity, on one side, and stability and order, on the other (an illusion sold by many populist politicians). The third way is the most realistic one, even if difficult to walk: ethically navigating the complexity to promote the emergence of new models and solutions.

How could that be possible?

I think many of us have have had insights about it, different but all convergent. I’ll offer a number of inspiring examples.

First of all, I see a rise in awareness. Many people started to feel global citizens and experience this awareness. For instance, the huge community of global citizens has an impact on addressing extreme poverty; everybody, supporting Movements, can help an activist for human rights in need; people signing petitions on Avaaz  take a stance on causes which are perceived as global. Interestingly enough, active global citizenship is being born bottom-up.

There is also a way to express this awareness as economic players. Many years have passed since Klaus Schwab had the brilliant intuition that modern enterprises must serve all stakeholders to achieve long-term growth and prosperity. Since then, his creature, the World Economic Forum, grew exponentially, still committed to improving the state of the world.

Even if the concept of social responsibility of enterprises is not new,  it is getting more and more popular: together with the narrative of disruptive change, the narrative of positively impacting the world has gained traction in the entrepreneurial environment. Beautiful initiatives as XPrize or Hive are thriving. A powerful example of this new way of being economic players is offered by Business Fights Poverty, a network of over 15,000 professionals harnessing business for social impact.

Private foundations are now big players in financing development, education, health care, social justice: One, Bill and Melinda Gates Foundation, Clinton Foundation, Open Society Foundations and many more… Philantropists appear animated by the desire of giving back to humanity, by the deep consciousness of their impact on millions of lives and by the side effect of living more fulfilling lives.

The civil society  -after a long season of demonstrations in the Nineties (against  G7, WTO, globalization) – started building bridges to make their voice heard by international actors. NGOs are more and more global actors, starting original initiatives to make international organizations more legitimate, accountable and inclusive.

The newborn Citizens Climate Engagement Network deserves a special mention as a powerful example of what individuals can do even in the apparently out of reach challenge of stopping climate change.

In this changing climate, States are somehow hanging back, as bulwarks of the status quo, a problem that Simon Anholt is addressing with the Good Country project. He deserves all our support.

Finally which institutional shape would better fit this changing world? Which model would sort us out of this “competitive mode” and organise humanity as a single species sharing  a single planet? This is my issue and this blog is my thinking aloud about it. You can read here and there insights and bits of a solution. Something to work on for decades!

I apologize if I forgot to mention many worthy individuals and beautiful initiatives, I know many of you are on this path of progress and evolution and, if you want to add some information posting a comment, I really appreciate.

It seems to me important – in a world focused on bad news – turn on a light beam on the emerging tiles of a different reality.

How long it will take for the puzzle pieces to get together?

Transnational Politics: The Idea Whose Time Has Come.

As Victor Hugo said :

rien n’est plus puissant qu’une idée dont le temps est venu

Abolishing slavery or giving voting rights to women were once crazy ideas.

But, one day, somebody started to think that such ideas were – after all – quite reasonable, or even that they felt righ. It took time to build a critical mass of people thinking that way, but it happened: the time was ripe… and such ideas became powerful.

There are ideas or opinions whose time has just come: that individuals are equal no matter their sexual orientation, that little girls have the right to get an education, that women deserve the same salary of men for the same job: in some places this is already obvious (and not from yesterday), but you can see now a global push for that. Time is ripe.

You may also notice that once every nation had its own time for these evolutionary leaps, even if the neighbouring countries and cultures had an influence on it. Europe has always been that way: a sort of civilization soup where ideas moved back and forth across boundaries.

Now, in the global village, ideas are more and more percolating across boundaries. Leaps will happen more and more on a global scale and critical masses will be, more often than not, transnational ones.

Becoming aware of that is a revelation which pushes us to look for our community across boundaries. I’ve found mine in all the individuals living as global citizens and pushing for a transnational dimension of politics, where individuals may play a role.

I want to mention here some friends:  Joseph Robertson from Citizens Climate Lobby -who is at work building an operative Citizens’ Climate Engagement Network, to improve bottom up accountability to the Paris engagements on climate; Philippe Mazuel, founder of the Party of the Citizens of Europe – PACE, who is candidate for the next French presidential elections in order to promote a real European dimension of politics (and if you are French you can support him on LaPrimaire.org);  and Sargon Nissan from the Brettom Woods Project  -who animates the  Bank and IMF’s civil society policy forum pushing for a stronger participation of civil society in order to improve the legitimacy of these global financial institutions.

I could have added more names and more examples, this avant-garde pushing for supranational democracy is not just composed of few isolated individuals, even if they’re not, yet, a critical mass. Ideas need to go their way and infect more and more individuals until, one day, time is ripe.

Then, they become powerful, as Hugo said.

COP21: A Global Community at Work

In the supranational democracy I imagine, every citizen is a global citizen. But not every citizen is an engaged global citizen and not every engaged one is committed to the same cause.

There are so many issues and so many front lines to engage on and we do not have all the same priorities, so it’s quite natural to me that everybody will (and already does) choose what is really dear to his/her heart, what really matters for her.

We are going to join our community, to commit to our cause with like-minded individuals. That’s the best way to make a difference.

I imagine supranational democracy as a galaxy of global institutions and fora, each having its own community of committed citizens to dialogue with, to draw legitimacy from, to hold them accountable. Overlapping global communities will push for the global public goods we all need.

We have in front of us a powerful example.

In COP21 we see a global community committed to stop climate change: national delegations, international organizations and a wide gathering of committed people – businessmen and investors, NGOs’ activists, scientists and experts, representatives of local communities and of indigenous peoples – all involved in one huge debate, at different levels.

The global demos in the making is something different from the nation we have experienced in the past 3 -4 centuries. What makes us stand together as humanity is an idea of common good which will involve us on a voluntary basis in different processes and priorities.

For this reason I think that it is unilkely that we are going to see a global parliament in the future and  -even if I would be the first to support such an evolution of the General Assembly of the United Nations- it wouldn’t respond fully to our need of democracy because of the distance from the electoral body and the (inevitably) small number of representatives.

What would really make shorter the distance between real people and global institutions would be assemblies or gatherings committed to specific topics: humain rights, sustainable debelopment, equality, fair finance, health and so on. Each of them is already prefigured in a global debate among committed people and each debate is already going on somewhere, somehow.

Encouraging these debates and offering them an institutional space  would make them visible and transparent, would enhance  their effectiveness and fuel productive outcomes.

We hope to  remember one day the COP21 as a turning point in stopping climate change. We could also remember it as a big experiment of global debate, at so many different levels, among members of a global community.

IMF -WB annual meetings here…

Every year, governing bodies of  the International Monetary Fund and World Bank gather to take historical decisions (or just to try to), often in Washington, less often somewhere else, now it’s in Peru.

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This means that financial ministers and central bankers from all over the world are here, with a good number of staff, IMF and WB officials and a bunch of other important people…. and lots of press, of course!

Civil society is here too and, yes, that means I’m here as well, to participate, observe and comment.

Being here, for some of us, is already something: great opportunity to listen to experts, to network, to discover sometimes that we are not less expert than official experts.

Nonetheless, after some years of attending the big kermesse, you start to see how things could simply go better.

I am not complaining! Lima is the navel of the world today and I’m sincerely grateful and glad to be here. Besides, the role of civil society increased over the last ten years and now it seems just normal that we can meet Madame Lagarde and Mr Kim in a dedicated session and ask questions, even if sometimes the tough ones don’t receive an answer.

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Or that we have our own spaces and propose our own panels and discussions

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But still, we ask – year after year – that our panels and activities are open to press and officials and national delegates, which in principle is such a simple thing to do. it would be easy to make our program of seminars circulate together with the official programs for everyone who is interested and I just wonder why this doesn’t happen.
Our candid demand for visibility still remains unanswered.

What are civil society seminars about? Fair taxation, Impartial procedures for sovereign debt restructuring, transparency, participatory tools, indigenous rights, green economy and so on and so on. Panels often host highly qualified experts and offer a comfortable venue for an open discussion.

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Journalists are just a few rooms away, too busy covering official press conferences and delegates walk from a meeting to another -the G20, the G24, the Caribbean, the EU ministers and so on and so on – and some look lost in this babel of interests and activities.

So, mostly, we “civil society people”  ( recognizable by our pink badge) just speak among us, easily agreeing on better procedures, better governance, better financial tools, great proposals that unfortunately nobody listen too.

A great democratic exercise that mostly get wasted, a lost opportunity for real dialogue, for many and for the institutions as a whole.

But we keep on asking visibility and offering great content, for free.

Data for Humanity: An Open Letter

I have the pleasure to host an important initiative by professors Roberto V. Zicari and Andrej Zwitter to raise awareness of the principles in the context of the use/access of data, facilitate exchange between people and organizations who share the goal and the principles, and support data initiatives that are dedicated to these principles around the world.

Data for Humanity: An Open Letter

Information is power and data is its raw material. We are experiencing an unprecedented ascent of Big Data, the development of data science and the increasing omnipresence of data analytics. We are also witnessing both the promise and the peril of the ubiquitous acquisition of personal data by organizations of all types.

Given its novelty, and the current shortcomings of codes of conducts and legal regulations, data entrepreneurs, governments, data scientists and educators have yet to find the right balance between the power that data give and the responsibility that comes with it.

This development of datafication of the world comes at a time with great challenges, such as climate change, mass migration, deterioration of personal privacy, and protracted conflicts.

Therefore, we believe that it is important to help encouraging people and institutions to use data on sound principles that serve humanity.

We want to bring people from different disciplines and professions together, who share the motivation of using Data for the Common Good and for Human Wellbeing, in order to ensure that data serves humanity.

Goal:
To bring people and institutions together who share the motivation to use Data for Common Good / human wellbeing

We encourage people and institutions who own and/or do work with data and who share the following principles to sign this letter of support.

Principles:

1. Do not harm

2. Use data to help create peaceful coexistence

3. Use data to help vulnerable people and people in need

4. Use data to preserve and improve natural environment

5. Use data to help creating a fair world without discrimination

Professor Roberto V. Zicari, Goethe University Frankfurt, Germany

Professor Andrej Zwitter, University of Groningen, the Netherlands

To sign the open letter, please follow this link:
http://www.bigdata.uni-frankfurt.de/dataforhumanity

Is There a Right To Internet Access?

It’s difficult to be or feel a global citizen if you cannot access the internet.

This is the first  powerful gift we received from internet: the elimination of remoteness. No matter if you are in Europe or Africa, in some little island  or on a mainland, in a crowded metropolis or in a lonely countryside: you can join a global debate, sharing your thoughts.

The second powerful gift is that we said goodbye to that sense of loneliness or estrangement typical when your thoughts are different from those of the ones around you. Whatever your point of view, you can connect with like-minded people. You are not alone.

… and the power of imagination, the force of dreams is multipled by connections.

This silent revolution had an impact (still to be measured) on our culture, on economy and politics. And on our rights. Internet became a main vehicle for freedom of expression, right to information, even political activity.

Revolutions and political campaigns of the last decades would have been inconceivable without it

Does it mean that accessing the internet is a new generation human fundamental right?

I’d like to say so. Nonetheless, as a jurist, I have my doubts.

A true fundamental right should be granted to all, it’s universal, inalienable, non-discriminatory. A fundamental right couldn’t be denied in any circumstance. It is both a right and an obligation: for states, to grant it.

Are international law, states, or other public subjects, able to guarantee this right to all? Unfortunately not, not yet. Nonetheless I think this is the new target, or the new standard that we should imagine -at least- as  a civil and political right. And I’m not alone to think so.

Nobody could deny that it is instrumental and sometimes even necessary to the right of information, freedom of expression and democratic participation. If we think of the global public sphere, we should admit that interacting and participating is necessarily channelled through internet and – when it is not- remoteness without internet translates in high costs and lack of information, in one word: discrimination.

Providing free wifi to all is a target that many countries around the world are still unable to grant. Others could, but are still far from providing it. Economic interests and market structures, as they are, are a powerful obstacle. Ad hoc policies should be put in place. Some states are at the forefront of this revolution -as Estonia or Finland- in France the Constitutional Court took a bold stance for it.

What is self evident, so, is that if we cannot (yet!) impose to state to provide free access to all, we can nonetheless qualify as an infringement of several human rights any censorship or denial of service.

And here is one of these strange legal paradoxes: accessing the internet is not a right, being denied the access is an infringement of a right. It is the best way, nowadays, to shut up a political protest, cut off the communication, isolate. And even if legal documents don’t state in clear words the birth of a new fundamental human right (at least I couldn’t find it), several ones declare that denying access to the internet is a severe infringement of democracy and fundamental rights.