After two days of informal sessions the Special Session of the SCCR is still running. In these two days no progress was made. Today two new non-papers were published by the Chair reflecting the discussions and showing clearly that delegates are no way near a consensus. One produced after the morning session has now at least two alternatives for each article and paragraph in and is reflecting the discussion till lunch break. And one should note that the discussions on substantive provisions in Article 7 to 14 was only begun in the afternoon.
Delegates told us that – of course – also the substantive provisions were discussed very controversial. Some delegations were strictly against the inclusion of the Internet, some would not do a treaty without. Some delegations still want exclusive rights, others are strictly opposed. After spending the whole day yesterday on Article 1 to 4, the morning session of today on Article 4 to 6 they rushed through Article 7 to 14 in the afternoon session. After lunch break an informal night-session started again at 7.50.
So NGOs are still out and waiting what delegates will decide – just a new non-paper was circulated inside to delegations reflecting the discussions of the afternoon and very likely it will contain even more alternatives making the new non-paper at the end perhaps as complex and long as is the remaining „backup-proposal“ SCCR 15/2 which will be used for further discussions if no consensus can be reached on a new proposal – as the General Assembly decision from last year have stated.
To call off the Diplomatic Conference would be the only rational outcome of this over nine years lasting process leading to not more than more controversy the end. And it would mean an end to the threat this proposed treaty is impending on consumers and the free flow of information would come to an end. But still discussions are going on and still the Chair seems to be pushing for the treaty, being one of the strongest proponent of the treaty. Hopefully now it’s time for member states to overrule him after he did it last year.