Summary

  • Paragraphs 69 to 71 of the Tunis Agenda created a sequence of future-facing duties—enable, develop, commence, involve, and report—but did not name a permanent institution, an exhaustive set of addressees, a decision rule, or a compliance forum.
  • The follow-up did produce executable procedures: the Secretary-General initiated consultations, organizations submitted accounts of their work, United Nations reports took stock, CSTD convened open discussions, and two time-limited working groups gathered evidence and proposals.
  • Both CSTD working groups reached the same institutional edge. Entities could map public-policy issues and existing mechanisms, but they could not agree whether enhanced cooperation meant improving distributed institutions, enabling governments inside those institutions, or creating a new intergovernmental mechanism.
  • "Equal footing" remained unanchored. No text identified the venue, entitlement, subject matter, or remedy through which a state could establish that it had been denied equality.
  • The 2024 Global Digital Compact and the 2025 WSIS+20 outcome reaffirmed the commitment and general cooperation. They did not create the missing enhanced-cooperation institution or adopt recommendations that the second working group had been unable to produce.
  • Practical reforms in Internet governance may answer parts of the political concern, but each must be attributed to its own legal, contractual, membership, or technical authority. The phrase alone cannot establish causation or compliance.

Tunis needed a bridge that did not reveal where it landed

The 2005 summit inherited an authority dispute that the first WSIS phase and the Working Group on Internet Governance had clarified but not resolved. Many states, especially developing countries, objected to a global system in which governmental influence was uneven and several crucial functions remained closely associated with institutions incorporated in or historically linked to the United States. Existing technical and private bodies answered that the Internet was not one facility awaiting an intergovernmental manager.

Its naming, numbering, standards, routing, interconnection, security, and content-related questions were distributed across institutions with different constituencies and competences.

A direct choice between a new intergovernmental authority and continued institutional pluralism threatened the summit agreement. "Enhanced cooperation" allowed negotiators to avoid that choice. The phrase recognized a governmental grievance without prescribing the organization that would cure it. It protected technical continuity without declaring existing arrangements permanently sufficient. It called for stakeholder involvement without deciding whether stakeholders would advise, deliberate, consent, or share final authority.

This was not careless drafting. Ambiguity was the bridge. Governments seeking a stronger multilateral role could understand the commitment as unfinished institutional business. Governments and non-state actors defending distributed governance could understand cooperation as improvement across existing bodies. Both could leave Tunis with a future-oriented clause rather than a recorded defeat.

Diplomatic flexibility has a cost. A settlement can defer the name of an institution only by deferring the rights and responsibilities that would attach to it. Once implementation began, every practical question—who convenes, who decides, who reports, who reviews—reintroduced the disagreement that the phrase had suspended.

Paragraph 69 named a beneficiary but not a venue

Paragraph 69 of the Tunis Agenda recognized a need for enhanced cooperation "in the future" so that governments could, "on an equal footing," carry out their roles and responsibilities in international public-policy issues pertaining to the Internet. It excluded day-to-day technical and operational matters that did not affect those issues.

The beneficiary is clearer than in much summit language: governments were to be enabled. Yet an entitlement becomes usable only when attached to a setting. Equal footing could mean one state, one vote in an intergovernmental organization. It could mean equal access to an agenda, records, and consultation in an institution that did not vote by state. It could mean ending the special influence of one government over a globally consequential function. It could mean capacity support that allowed formally equal states to participate effectively. Those interpretations lead to different institutional designs.

The paragraph supplied none. It did not identify a council, assembly, conference, membership class, standing committee, or review body. It did not say whether equality applied among governments only or altered relations between governments and other stakeholders. It did not specify whether the relevant act was deliberation, policy formulation, approval, oversight, or implementation.

"Enable" therefore carried political force without a corresponding claim form. A government could invoke the promise, but it could not point to paragraph 69 to show where its seat was, which decision it could join, or what remedy followed exclusion.

The operational exception had no boundary keeper

The second half of paragraph 69 was equally important. Governments were not being invited into day-to-day technical and operational matters that did not affect international public policy. The qualification reassured operators and technical communities that diplomatic agreement would not become a remote-control channel for ordinary network administration.

But the exception was drawn around a moving category. Root-zone authorization, registry policy, address distribution, routing security, data protection, cybersecurity, platform governance, and technical standards can combine operational detail with public consequences. A key rollover is technical until its timing or failure affects continuity. A protocol choice can be operational until it changes surveillance, competition, or access. A registry procedure can look administrative while distributing scarce or politically sensitive resources.

The text did not appoint an institution to classify mixed questions. It did not say whether the operator, the affected governments, an intergovernmental body, or a multi-actor process would decide when public-policy impact was substantial enough to cross the line. It provided no test of proximity, necessity, proportionality, or technical risk.

That omission mattered because the boundary was not merely descriptive. It determined who might participate with what authority. If governments defined the public-policy impact themselves, the exception could contract until little remained outside. If incumbent institutions defined it alone, the policy category could contract instead. A workable division required a boundary procedure and review. Tunis supplied a sentence.

Paragraph 70 gave one subject without completing the scope

Paragraph 70 made the commitment more concrete by saying that cooperation through relevant international organizations should include developing globally applicable public-policy principles associated with coordination and management of critical Internet resources. Organizations responsible for essential Internet tasks were asked to contribute to an environment that facilitated such development.

This was a meaningful signal. Critical resources—especially naming and numbering—had been central to the summit dispute. The paragraph prevented those institutions from treating their operations as categorically outside public-policy discussion. It also chose "principles" rather than direct operational instructions, preserving a distinction between policy orientation and daily management.

Yet the clause still did not identify the principle-making forum or the legal relationship between principles and operators. "Relevant international organizations" could include intergovernmental bodies, transnational technical institutions, standards organizations, or other bodies depending on the issue. Organizations performing essential tasks were asked to create an enabling environment, not ordered to accept principles from a named superior.

Nor did critical resources exhaust international Internet policy. The Tunis Agenda elsewhere discussed security, spam, multilingualism, access, development, privacy, consumer protection, intellectual property, and other cross-border questions. Paragraph 70 offered an included example, not a complete jurisdictional schedule.

The practical effect was to establish an agenda claim: globally applicable principles could legitimately be discussed. It did not establish who could adopt them, how conflicts would be resolved, or what made them applicable to an organization that had not agreed.

Paragraph 71 distributed verbs across unidentified actors

Paragraph 71 contained the implementation machinery. The Secretary-General was to start a process involving all relevant organizations by the end of the first quarter of 2006. The process would involve stakeholders in their respective roles, move quickly subject to legal process, and remain responsive to innovation. Relevant organizations should commence a process toward enhanced cooperation and provide annual performance reports.

The verbs appear executable: start, involve, commence, report. The difficulty lies in their subjects and entities. The Secretary-General could begin consultation, but the paragraph did not establish a new office he would control. "All relevant organizations" was not an attached list. "A process" could be one coordinated track or many institutional processes. The annual reports had no common template, indicator, auditor, specified public repository, or consequence for non-submission.

The paragraph also used two initiation paths. The Secretary-General would start a process involving organizations; relevant organizations would themselves commence a process involving stakeholders. That could describe a distributed design in which the United Nations opened the conversation and organizations acted under their own mandates. It could also be read as an incomplete first stage awaiting a central mechanism. The text did not choose.

The deadline applied to starting, not achieving. Once consultation began, the easiest obligation to verify was satisfied. Whether the substantive purpose—governmental equality in public policy—had been reached remained contestable because no institution had authority to declare completion or breach.

The contrast with the IGF made the absence visible

Tunis dealt with the Internet Governance Forum in adjacent but separate provisions. Paragraph 67 invited the Secretary-General to convene it. Paragraph 72 listed twelve functions. Paragraph 77 expressly stated that it would be non-binding, would not replace existing institutions, would have no oversight function, and would not participate in day-to-day or technical operations.

The IGF was bounded, but it was recognizable. It had a convener, a forum identity, a positive mandate, a negative mandate, meetings, reporting, and later renewal decisions. Enhanced cooperation had a purpose and initiation language without a comparable institutional home.

That difference defeats two convenient shortcuts. The IGF cannot simply be treated as the enhanced-cooperation mechanism. Its multi-actor discussion mandate and the governmental equal-footing commitment answered different political needs. Conversely, the existence of a separate enhanced-cooperation track does not prove that Tunis created a hidden council with powers omitted from the text.

The two processes could interact. The forum could expose public-policy gaps, bring governments and operators together, and transmit recommendations. Those activities might improve cooperation. But the forum's existence did not give a government a legal or procedural claim against another institution. The distinction is precisely why later United Nations texts repeatedly described the processes as separate and potentially complementary.

The Secretary-General executed the duty to begin

The first implementation step was modest and real. The 2006 Secretary-General report said his Special Adviser for WSIS had been asked to start consultations on how to proceed. Initiation therefore did not vanish. A designated adviser began the conversation within the requested period, and the United Nations recorded that fact.

This is the first entry in an authority ledger: paragraph 71 authorized the Secretary-General to initiate; he delegated consultation; consultation occurred. It proves performance of a procedural duty. It does not prove creation of the substantive arrangement.

The same report's treatment of the IGF sharpens the contrast. It described a public website, requests for contributions, open consultations, emerging agreement about an annual meeting, and the process that led to a defined forum. For enhanced cooperation, the report said consultations had begun and that their outcome would be communicated later.

One process acquired an organizational identity because negotiators had specified the forum to be convened. The other remained a consultation about how to interpret a phrase. The difference cannot be explained by delay alone. It followed from the founding instructions: one said convene this body with these functions; the other said begin a process involving organizations that were not fully named.

Starting was therefore both an achievement and the point at which institutional indeterminacy became operationally visible.

Reporting became a substitute for a compliance judgment

The 2009 Secretary-General report E/2009/92 took stock of steps that organizations said they had taken and summarized proposals about what should happen next. This converted the annual-report expectation into a recognizable United Nations activity: solicit institutional accounts, compile them, and place alternatives before member states.

Stocktaking is useful. It can reveal that an organization opened meetings, created governmental channels, improved remote participation, published records, or coordinated with another body. It can also expose conflicting understandings. Some submissions treated participation improvements across existing institutions as enhanced cooperation already under way. Others argued that the promised governmental role required a new mechanism.

But self-reporting is not compliance review. Organizations selected the activities they considered responsive and described success in their own terms. No common benchmark connected a particular reform to equal governmental footing. No auditor tested whether formal access produced meaningful influence. No body determined whether an organization that did not report was irrelevant, inactive, or in breach.

The report could say what actors claimed. It could not declare which interpretation of enhanced cooperation controlled. Reporting thus became the safest mechanism available: visible enough to show movement, non-conclusive enough to preserve the coalition.

The original promise of annual performance reports implied that performance could be measured. The follow-up never agreed on the measure.

Institutional activity was plentiful but causal attribution was weak

Internet-governance institutions changed considerably after 2005. Governments joined or expanded advisory channels. Meetings became more accessible. Public comments, published minutes, transparency practices, capacity programmes, and cross-institutional coordination grew. Intergovernmental organizations widened work on Internet-related policy. National and regional forums multiplied. The historical United States stewardship role over the IANA functions ended in 2016 after a separate, elaborate transition process.

These developments are sometimes presented as evidence that enhanced cooperation occurred organically. They may answer parts of the political concern. Yet three propositions must remain separate: an institution changed; its change improved cooperation; the Tunis commitment caused or authorized the change.

The first can be proved through institutional records. The second requires a performance test: who gained access, what decisions became contestable, whether reasons were given, and whether influence became less unequal. The third requires an authorization or causal chain. A reform adopted under a corporation's bylaws, a treaty organization's constitution, a government's law, or a technical community's consensus rules does not derive its legal effect from paragraph 69 merely because it is compatible with the paragraph.

The IANA transition is the clearest example. It addressed a central concern about unique governmental stewardship and was politically connected to years of legitimacy debate. But its authority came from the United States decision, the proposal process, corporate governance changes, contracts, and operational implementation. Calling it enhanced cooperation may describe significance. It does not replace that chain.

The equal-footing promise was never converted into standing

An enforceable institutional promise normally identifies who may complain. A state denied notice, access, information, speaking rights, voting rights, or review needs a place to establish the denial. Enhanced cooperation created no such standing.

Suppose a developing country believed a technical organization had adopted a globally consequential policy without meaningful governmental participation. Could it petition the Secretary-General, CSTD, ECOSOC, the organization's own board, an intergovernmental body, or a national court? Each route might exist for other reasons. None became the general Tunis remedy.

The answer would depend on the institution accused. A member state may have formal rights in an intergovernmental organization. A government advisory committee may provide advice under corporate bylaws. A standards process may be open to individuals rather than states. A registry may answer through contracts and membership rules. Equal footing cannot mean the same thing across all of them unless a superior rule says so.

No superior rule emerged. States could raise concerns in United Nations debates and working groups, but those forums did not have jurisdiction to reverse the challenged external decision. Participation in a discussion about equality is not standing to enforce equality.

The absence explains the phrase's longevity. A promise without a claimant procedure can be repeatedly reaffirmed because no authoritative case forces a decision about its content.

Capacity inequality complicated formal governmental equality

Even if every government received identical procedural rights, practical equality would remain difficult. Internet policy spans technical, legal, economic, security, developmental, and human-rights questions across many institutions. Well-resourced governments can maintain specialist teams, travel, monitor mailing lists, coordinate agencies, and respond within short consultation windows. Smaller administrations may assign the same officials to telecommunications, cybersecurity, digital trade, data policy, and international negotiations.

The CSTD mapping work later identified the gap between nominal participation and meaningful participation, including shortages of resources, expertise, and institutional capacity. This was not incidental. If enhanced cooperation aimed to enable governments, capacity was part of the mechanism, not charitable support outside it.

Yet the phrase did not create a funding formula, secretariat, expert service, notice system, or consolidated calendar. Capacity programmes developed in many institutions, but their scope and financing remained distributed. A state might be equal in a room it could not afford to enter or in a process too fragmented to follow.

This also complicates the demand for a new intergovernmental venue. A central meeting can make the calendar legible, but it cannot supply expertise automatically. It may shift influence toward diplomatic missions without connecting them to domestic regulators, operators, users, and affected communities. Equality among state seats is not the same as accountable or capable policy.

The missing institution was therefore not just a chamber. It was an enabling infrastructure for participation and a rule for translating it into consequence.

CSTD turned the dispute into a work programme

By 2012, recurring consultation had not settled the matter. General Assembly resolution 67/195 invited the chair of the Commission on Science and Technology for Development to create a working group. The group would examine the Tunis mandate, seek and review inputs from governments and other stakeholders, and recommend how enhanced cooperation should be fully implemented.

This was a more structured mechanism than general reporting. The first CSTD Working Group on Enhanced Cooperation had a defined sponsor, membership design, meetings, questionnaire, evidence base, reporting deadline, and intended output. It met four times from May 2013 to May 2014.

The mandate also revealed what was still missing eight years after Tunis. If implementation had an agreed meaning, a group would not need to ask what the commitment covered and how to fulfill it. If a new body had clearly been promised, the task would be institutional design. Instead, the group first had to establish the state of the question.

The working group could gather and recommend. It could not compel an Internet institution to open a process or alter a decision. Its authority ran upward to CSTD and through ECOSOC, not outward as supervision of every organization it examined.

It was an institution for studying the absent institution.

The questionnaire exposed three incompatible answers

Responses to the working group's questionnaire clustered around three durable interpretations. Under the first, enhanced cooperation described an ecosystem-wide improvement: governments, companies, civil society, technical communities, and international organizations were already cooperating more effectively through multiple forums. No central body was required.

Under the second, the commitment specifically concerned governments. Existing organizations should provide states with more equal, meaningful opportunities to perform public-policy roles, while preserving differentiated functions and technical autonomy. Implementation meant reforming interfaces rather than building a global authority.

Under the third, neither distributed activity nor advisory access satisfied Tunis. A new intergovernmental or internationally anchored mechanism was needed to develop global policy, address gaps, and correct the structural inequality that had motivated paragraph 69.

These were not minor drafting preferences. They implied different subjects, beneficiaries, and remedies. In the ecosystem reading, no organization could claim supremacy and success would be measured across many sites. In the access reading, the key question was whether government channels inside existing bodies had consequence. In the new-mechanism reading, continued fragmentation was itself evidence of non-performance.

All three could quote the Tunis language. None could defeat the others from the text alone. That is the central evidence that ambiguity had preserved political balance: once entities tried to operationalize it, they discovered that they had not agreed on the thing to be operationalized.

Mapping was the first group's most durable product

Unable to begin with a shared institutional answer, the group mapped international Internet public-policy issues, existing mechanisms, their status, and possible gaps. A correspondence process collected entries across technical standards, security, naming, numbering, access, rights, development, economic questions, and other domains.

The map was valuable because it resisted the fiction that Internet governance lacked institutions. It showed a crowded landscape of intergovernmental organizations, technical bodies, private arrangements, national authorities, standards communities, and multi-actor forums. It also made fragmentation measurable: participation rules, transparency, accountability, and capacity varied sharply.

But mapping could not determine jurisdiction. Submitted gap claims reflected the views of contributors, not an adopted CSTD judgment. Entries varied in detail. Some described an entire organization; others described a specific procedure or technical document. Without agreed criteria, the absence of a mechanism could mean no institution existed, no institution had sufficient scope, or the contributor rejected the institution that did exist.

The continued CSTD mapping report openly identified these difficulties. It noted participation and capacity gaps while warning that objective gap assessment was hard without common standards.

The map therefore became a strong diagnostic artifact and a weak basis for compulsion. It could show where questions were handled. It could not authoritatively decide where they ought to be handled.

The first working group ended at the constitutional question

The 2014 Chair's report recorded consensus on some issues and significant divergence on others. The political sensitivity and complexity prevented a final set of recommendations on fully operationalizing enhanced cooperation.

This was not a failure to hold meetings or collect evidence. The group completed those tasks. It failed at the point where description had to become institutional choice.

A recommendation to improve participation, transparency, capacity, or coordination could attract broad support in the abstract. The difficult questions followed. Should a new body exist? Would it be intergovernmental or multi-actor? Would it make policy, coordinate, review, or merely discuss? How would it relate to the IGF, ITU, ICANN, standards bodies, and national governments? Could it address critical resources without controlling operations? Would non-state actors deliberate on equal terms or advise governments?

The working group's inability to agree did not extinguish the Tunis commitment. It demonstrated that the commitment lacked a constitutional core capable of selecting among those options. Entities had been asked to recommend how to implement a phrase whose ambiguity was the original condition of agreement.

The outcome preserved the map and the record. It did not produce the decision rule that the map lacked.

NETmundial could recommend consensus but could not supply it

NETmundial met in Sao Paulo in April 2014 while the first working group was reaching its conclusion. Its non-binding statement said enhanced cooperation should be implemented on a priority and consensual basis and that all stakeholders should advance the discussion in a multi-actor fashion.

The recommendation reflected a serious attempt to move beyond a state-versus-technical-community binary. It proposed that the implementation debate itself should include the actors whose institutions and operations would be affected. It also placed transparent representation, capacity, accountability, and coordination in the same roadmap.

But NETmundial was a one-time meeting without authority to amend the Tunis Agenda or dictate the working group's outcome. Its call for consensus did not identify what would happen if consensus remained unavailable. The first group reported that exact condition weeks later.

The episode shows the difference between principle and institutional power. NETmundial could supply reasons for an inclusive method. It could not decide whether governments had already been enabled, whether a new mechanism was required, or whether a particular institution satisfied paragraph 71.

Consensus was desirable because coercive authority was absent. It was also hard to reach because the phrase distributed incompatible expectations. Asking for consensus did not resolve the question of who could act when consensus failed.

WSIS+10 acknowledged progress and divergence in the same breath

The 2015 WSIS+10 outcome, General Assembly resolution 70/125, captured the balance precisely. Paragraph 64 acknowledged that various initiatives had been implemented and some progress had been made. Paragraph 65 immediately noted divergent views among member states about implementation and called for continued dialogue and work.

That pairing is more informative than either sentence alone. The Assembly did not declare the commitment unperformed. Nor did it certify completion. It recognized activity without agreeing on the standard by which activity became fulfillment.

The remedy was another referral. The CSTD chair was asked to establish a working group, ensure full involvement of relevant stakeholders, and develop recommendations for further implementation. The group would decide its methods and report to the Commission.

Institutionally, this extended the review loop: acknowledgement, divergence, dialogue, working group, report. It was a valid decision by the Assembly about how to continue. It was not a decision about the substantive mechanism.

The ten-year review could have named a new body, specified an inter-organizational process, defined governmental rights, or adopted the first group's proposed areas of convergence. Instead, it commissioned another attempt. Political balance again prevailed over institutional closure.

The second working group improved the record, not the remedy

The 2016-2018 working group met five times. It agreed on two guiding questions: the high-level characteristics of enhanced cooperation and the kinds of recommendations that should be considered. It received 37 contributions and developed a dense record of proposals.

The group narrowed some areas of practical convergence. Entities discussed inclusion, transparency, trust, capacity, information sharing, coordination, development, and the need to recognize changing technology and institutions. These characteristics could guide reform even without a central authority.

The decisive disagreements remained institutional. Proposals differed over creating a new mechanism, using an intergovernmental format, expanding roles for the General Assembly or CSTD and ECOSOC, and developing complementarity between enhanced cooperation and the IGF. The dispute still concerned the nature, objective, and scope of the process.

At the fifth meeting, the group tried formal and informal formulations. The Chair's final report states that persistent differences made an overall agreed text impossible. The group decided not to submit recommendations.

That decision should be described accurately. It was not silence. It was a documented finding that the authorized recommendation process could not produce recommendations. The archive improved institutional memory. No claimant acquired relief.

Two inconclusive groups were evidence about the founding bargain

It is tempting to call the working groups unsuccessful and move on. Their deeper value lies in what repeated non-agreement demonstrates.

If the dispute had concerned only technical detail, the second mandate, new membership, more submissions, and five meetings might have produced a compromise. Instead, the same alternatives reappeared. Actors disagreed about whether enhanced cooperation was an emergent property, an access obligation, or a new institution. They disagreed about whether governmental equality required intergovernmental decision power. They disagreed about how broad international public policy should be and how the IGF related to it.

The phrase could not choose among those models because it had been designed not to choose. Its durability in diplomatic text was therefore inversely related to its institutional precision. The fewer consequences the words fixed, the easier they were to reaffirm. The closer a working group came to an executable recommendation, the more clearly the underlying camps had to reveal their preferred allocation of power.

This does not mean ambiguity is always irresponsible. In 2005 it may have prevented a destructive rupture and protected continuity while opening future debate. But a twenty-year history can distinguish a useful truce from a completed settlement. Enhanced cooperation remained the former.

Reaffirmation preserved the obligation without increasing its precision

The 2024 Global Digital Compact reaffirmed that Internet governance should continue to follow the Geneva and Tunis outcomes, including enhanced cooperation. It also recognized the IGF and called for cooperation among stakeholders to address fragmentation.

Reaffirmation has political effect. It prevents the commitment from lapsing through neglect and places it inside a newer digital-cooperation agenda. It does not, by itself, resolve an old ambiguity. The Compact did not name a dedicated enhanced-cooperation body or define a government claim against an Internet institution.

This distinction matters because the contemporary digital agenda now includes artificial intelligence, data governance, platform power, cyber operations, digital public infrastructure, and cross-border services. The broader the policy field becomes, the less plausible it is to assume that one inherited phrase silently assigns every issue to one institutional model.

New mechanisms can be created for new problems. Their authority should come from the instruments that establish them. Treating all digital cooperation as enhanced cooperation would make the phrase appear successful by absorbing unrelated activity, while making its scope even less determinate.

The Compact continued the political vocabulary. It did not finally tell governments where equal footing could be enforced.

WSIS+20 chose a careful memory instead of an institution

The 2025 WSIS+20 outcome, General Assembly resolution 80/173, is the clearest twenty-year verdict available. It reaffirmed the Tunis provisions, recalled the work of the second working group, committed to improving cooperation among international and intergovernmental organizations and other stakeholders, took note of the NETmundial+10 guidelines, and recognized newer opportunities for discussion and cooperation.

What it did not do is equally important. It did not adopt recommendations from the 2016-2018 group, because there were none. It did not declare a new enhanced-cooperation institution. It did not specify standing, jurisdiction, equal-footing rights, compliance criteria, or appeal. It called on member states and stakeholders to cooperate in their respective roles.

The resolution strengthened general WSIS follow-up through biennial Secretary-General reporting and preserved CSTD and ECOSOC review. Those mechanisms can track implementation across the summit agenda. They are not a tribunal for paragraph 69 or a supervisor of external Internet institutions.

Twenty years after Tunis, the Assembly chose accurate continuity. It remembered the working-group effort without pretending the effort had yielded agreement. It endorsed cooperation without fixing its institutional form. That was a politically coherent decision. It also confirmed that the phrase was still searching for an institution.

The executable outcome is a review loop

The twenty-year mechanism can be summarized without calling it empty:

Period Executable step Product Authority still absent
2006 Secretary-General initiation Consultation on how to proceed Permanent institutional home
2009-2011 Organizational submissions and UN stocktaking Reports of activity and competing interpretations Common compliance standard
2012-2014 Open meeting and first CSTD working group Questionnaire, issue map, gap claims, Chair's report Agreed recommendations or implementation power
2015 General Assembly review Acknowledgement of progress and divergence Decision between institutional models
2016-2018 Second CSTD working group Characteristics, proposals, documented non-agreement Institution, scope, and remedy
2024-2025 GDC and WSIS+20 reaffirmation Renewed political commitment and general review Enforceable equal-footing claim

This loop performs valuable public functions. It preserves records, invites participation, reveals proposals, prevents the issue from disappearing, and gives states recurring opportunities to contest institutional arrangements. It can influence reforms through reputation and diplomacy.

The loop cannot itself decide whether a challenged organization complied. Each cycle returns the substantive choice to the same political field. Consultation produces reports; reports produce recognition of divergence; divergence produces further consultation.

The result is procedural accountability without corrective authority. Actors must explain themselves, but no one created by the phrase can require them to change.

A remedy would have forced a definition

The most revealing omission is not a headquarters or a secretariat. It is a remedy. A remedy requires the political system to decide what the right means.

If a state could allege denial of equal footing, a reviewer would need to define the protected opportunity, identify the responsible organization, determine the relevant public-policy issue, apply the operational exception, examine participation and reasons, and order or recommend correction. The case would turn rhetorical agreement into institutional law.

Tunis provided none of those elements. The working groups were not complaint bodies. CSTD reviewed the overall process, not individual external decisions. The Secretary-General could report but not compel. ECOSOC and the General Assembly could make new political decisions but did not become ordinary appellate venues for registries, standards bodies, companies, or national regulators.

This absence protected every coalition. Governments could continue demanding implementation without accepting a narrow definition. Existing institutions could point to reforms without submitting to a superior reviewer. Non-state actors could defend participation without resolving who authorized their representatives. No adverse decision forced a loser to choose between compliance and rejection.

The price was borne by anyone seeking practical relief. A principle that cannot identify its claimant, respondent, forum, and corrective consequence remains politically useful and institutionally incomplete.

A new institution would not automatically solve the legitimacy problem

The missing institution should not be romanticized. Creating one would merely begin a second set of questions. Which states would participate, and on what voting rule? How would non-state actors be selected and held accountable? Would the body coordinate, recommend, negotiate, supervise, or adjudicate? Which Internet functions would fall within its scope? How would it obtain technical competence and avoid disrupting operations? What review would constrain it?

An intergovernmental body could offer formal equality among states while reproducing inequalities in resources, domestic accountability, and geopolitical influence. A multi-actor body could broaden expertise while entrenching well-funded organizations and ambiguous representation. A distributed arrangement could preserve competence while leaving gaps and making responsibility hard to locate.

The original phrase avoided these tradeoffs. A credible successor cannot. It would need a function-specific mandate rather than a claim to govern "the Internet" as one entity. It would need to state how principles reach the institutions that implement them. It would need review and a remedy proportionate to its power.

The lesson of twenty years is not that centralization is required. It is that any model must expose its allocation of authority. Institutional legitimacy cannot be created by keeping the operative nouns indefinite.

The phrase should be audited function by function

Future claims of enhanced cooperation should answer a short, demanding ledger:

  1. What decision or policy function is at issue?
  2. Which institution currently possesses authority over it, and under what instrument?
  3. Which governments or stakeholders lack meaningful participation, and what evidence shows the gap?
  4. What entitlement would equal footing provide at that stage?
  5. Where is the boundary between public policy and ordinary operation for this function?
  6. Who decides a disagreement about that boundary?
  7. What response, review, or remedy follows exclusion?
  8. How will the arrangement preserve continuity, competence, and accountability?

This method prevents two opposite forms of overclaiming. A proponent of a new body cannot cite paragraph 69 as a blank authorization without defining function and safeguards. An incumbent cannot cite technical autonomy as a reason to exclude public-policy scrutiny when operations have international public consequences.

The ledger also makes progress measurable. If a registry publishes reasons and creates a governmental review route, the improvement can be evaluated. If a standards body supports underrepresented participation, the effect can be tested. If an intergovernmental organization opens evidence and consultation, the change can be attributed. None needs to be described as completion of an undefined universal process.

Political balance was the phrase's actual institution

Enhanced cooperation did acquire a durable institutional role, but not the one its words seemed to promise. It became a recurring device for holding a political balance inside the WSIS framework.

For governments dissatisfied with existing arrangements, the phrase kept the authority question open and recorded their equal-footing claim in agreed international text. For institutions concerned about intergovernmental control, the operational exception and stakeholder language limited the claim. For the United Nations, consultations, CSTD work, reporting, and decennial reviews provided channels through which disagreement could remain visible without destabilizing services.

That balance had practical value. It reduced pressure for an abrupt institutional transfer, encouraged organizations to demonstrate inclusion, and kept developing-country participation on the agenda. It also allowed actors to use the same words for incompatible projects and to report activity without facing a common test.

After twenty years, the record supports a narrow conclusion. The Tunis phrase produced initiation, evidence collection, mapping, deliberation, and political review. It did not define the subject that must cooperate, the full scope of the cooperation, the decision rule that would establish it, or the remedy that would make it more than aspiration.

The phrase endured because it did not settle those questions. Any future attempt to turn it into authority will have to do what Tunis avoided: name the institution, divide the functions, identify the constituency, and make correction possible.