[CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values

Burr, Becky Becky.Burr at neustar.biz
Sat Jul 18 16:28:14 UTC 2015


Nigel - do you happen to have the language in the statute handy?

J. Beckwith Burr
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On 7/18/15, 5:49 PM, "Nigel Roberts" <nigel at channelisles.net> wrote:

>ICANN already has a legal obligation to do this,under California Law.
>
>This was explicitly highlighted by the learned panelist in a previous,
>controversial IRP case.
>
>But ICANN did nothing.
>
>Rod Beckstrom pooh-poohed the idea of fundmental rights being relevant.
>Fadi agreed but failed to do anything.
>
>Failure to make ICANN accountable to accepted norms of fundamental
>rights lays it's ethis open to capture by governments or other
>organisation who do not respect fundamental rights.
>
>Let me put it this way, Art.1, Prot 1, ECHR protects the rights of
>corporations to their intellectual property. Who could argue that ICANN
>should NOT take this right into account?? (There are other fundamental
>rights that it has been much less able to cope with, of course).
>
>
>Nigel
>
>On 07/18/2015 01:16 PM, Avri Doria wrote:
>> Hi,
>>
>> On the contrary it is quite simple. as a core value to respect human
>> right in our activities.
>>
>> We need to honor our human rights commitment, as defined in the
>> declarations and covenants,  and be aware of our impact on those
>> rights.  Doing it may be challenging, but understanding the commitment
>> as a core value should be rather easy.
>>
>> avri
>>
>>
>> On 18-Jul-15 13:34, Carlos Raul Gutierrez wrote:
>>>
>>> I'm in full agreement with Greg's considerations. It is too serious an
>>> issue to rush it in a narrowly determined stewardship transition.
>>> Paradoxically  it may be easier to deal with it when we have less
>>> influence of the US Government.
>>>
>>> Carlos Raúl Gutiérrez
>>>
>>> On Jul 17, 2015 9:43 PM, "Greg Shatan" <gregshatanipc at gmail.com
>>> <mailto:gregshatanipc at gmail.com>> wrote:
>>>
>>>      I am more than sympathetic with the cause of human rights.
>>>      However, I don't think this is the right time and place for this
>>>      proposal, especially given where we are in our timeline. I am also
>>>      far from certain this is the right proposal, or even the right
>>>      type of proposal for dealing with human rights concerns within the
>>>      structure, work and remit of ICANN.  Judging from even the brief
>>>      discussion here, there are quite a number of variables and inputs
>>>      to be considered.
>>>
>>>      This is not something to be adopted hastily and without thoughtful
>>>      study and deliberation.  As proposed, it would have wide ranging
>>>      implications to policy creation, policy implementation and policy
>>>      assessment, and it would apparently spawn due diligence and impact
>>>      assessment protocols.  We have no real idea of the impact this
>>>      would have on ICANN activities, how it balances and interacts with
>>>      other rights and concerns, etc., etc.
>>>
>>>      As such, I believe it is not appropriate for WS1.  Frankly, I
>>>      don't think this is appropriate for the CCWG, even in WS2.  This
>>>      deserves a dedicated group of its own -- a full multistakeholder
>>>      examination in a group purposely chartered, organized and charged
>>>      with looking at how human rights concerns should be dealt with at
>>>      ICANN. There are at least two efforts within ICANN looking at
>>>      issues relating to human rights and ICANN, both relatively new.
>>>      There is not yet any formal multistakeholder group chartered to
>>>      begin examining these issues.  Perhaps there should be one -- that
>>>      would be an appropriate place to begin the efforts to give these
>>>      issues due consideration, not here.
>>>
>>>      Greg
>>>
>>>      On Fri, Jul 17, 2015 at 12:03 PM, william currie
>>>      <willie.currie at gmail.com <mailto:willie.currie at gmail.com>> wrote:
>>>
>>>          The Universal Declaration of Human Rights is the standard.
>>>
>>>          In terms of criteria, the `Protect, Respect and Remedy'
>>>          framwork has useful suggestions such as:
>>>
>>>          - The responsibility to respect human rights would require
>>>          ICANN to avoid causing or contributing to adverse human rights
>>>          impacts through their own activities and address such impacts
>>>          when they occur.
>>>
>>>          - To meet this responsibility, ICANN would put in place
>>>          policies and processes appropriate to ICANN's mission that
>>>          could include:
>>>
>>>          a) policy commitment to meet its responsibility regarding
>>>          human rights
>>>          b) a human rights due diligence process to identify, prevent,
>>>          mitigate and account for how they address its impact on human
>>>          rights
>>>          c) processes to enable remediation of any adverse human rights
>>>          impacts it causes.
>>>
>>>          These policies and processes could serve to  enhance ICANN's
>>>          accountability to a universal standard and if handled well,
>>>          contribute to ICANN's legitimacy in a multi-stakeholder global
>>>          space. Part of the importance of the IANA transition is that
>>>          it makes ICANN a fully multi-stakeholder body, no longer
>>>          anchored by the USG. Adherence to the primary human rights
>>>          standard would help allay some of the anxiety regarding
>>>          ICANN's global accountability post-transition.
>>>
>>>          On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher
>>>          <cwilson at 21cf.com <mailto:cwilson at 21cf.com>> wrote:
>>>
>>>              “Human rights” as defined by who/what?  And what criteria,
>>>              if any, would ICANN use to ensure it is not running afoul
>>>              of human rights?
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>>              *From:*accountability-cross-community-bounces at icann.org
>>>              <mailto:accountability-cross-community-bounces at icann.org>
>>>              [mailto:accountability-cross-community-bounces at icann.org
>>>              <mailto:accountability-cross-community-bounces at icann.org>]
>>>              *On Behalf Of *william currie
>>>              *Sent:* Friday, July 17, 2015 10:36 AM
>>>              *To:* Avri Doria
>>>              *Cc:* accountability-cross-community at icann.org
>>>              <mailto:accountability-cross-community at icann.org>
>>>              *Subject:* Re: [CCWG-ACCT] Human rights as a core value
>>>              Fwd: Re: [] Mission, Commitments and Core Values
>>>
>>>
>>>
>>>              Hi all
>>>
>>>              I support Avri's text and think it would be important to
>>>              have it included in ICANN's Bylaws because the Human
>>>              Rights framework is one of the most important forms of
>>>              accountability globally. As ICANN embarks further into
>>>              global multi-stakeholder space, having a clear commitment
>>>              to human rights would be an important signal of the change
>>>              that is being undertaken. As the USG relinquishes its
>>>              stewardship , role, it is important to show that ICANN
>>>              endorses human rights in its policy and practices as a
>>>              form of global accountability. I agree that the text
>>>              should not make specific references to the UN `Respect,
>>>              Protect and Remedy' framework - that would be something
>>>              for the Community and Board to endorse, if so decided.
>>>              Including human rights in its Bylaws does not imply any
>>>              increase in scope or any role as an enforcer of human
>>>              rights - it simply requires that within its limited
>>>              technical and commercial mission, ICANN commits to adhere
>>>              to human rights in its policy and practices. It does not
>>>              mean that ICANN would get involved in content regulation
>>>              or any other matter beyond its scope. Including human
>>>              rights is a simple  way of indicating that ICANN will
>>>              behave in a way that respects human rights.
>>>
>>>              So perhaps the text could read:
>>>
>>>              Work to ensure that ICANN respects human rights within its
>>>              mission and accounts for the impact on human rights in its
>>>              policy creation, policy implementation, review and
>>>assessment.
>>>
>>>              Willie
>>>
>>>
>>>
>>>
>>>
>>>              On Fri, Jul 17, 2015 at 4:01 PM, Avri Doria <avri at acm.org
>>>              <mailto:avri at acm.org>> wrote:
>>>
>>>                  Hi,
>>>
>>>                  This speaks of Human Rights impact within ICANN
>>>mission.
>>>
>>>                  It does not expand the scope one time little bit.  It
>>>                  just saws that
>>>                  within our scope we need to be aware of the impact of
>>>                  our policies and
>>>                  actions on human rights.  And that when we see that we
>>>                  are injuring
>>>                  those rights, we do something to fix it.
>>>
>>>                  avri
>>>
>>>
>>>
>>>                  On 17-Jul-15 14:04, James M. Bladel wrote:
>>>                  > I am not in favor of introducing ³human rights² in
>>>                  to the ICANN bylaws,
>>>                  > which IMO would dramatically increase its scope as a
>>>                  technical/commercial
>>>                  > organization.  ICANN is not in a position to either
>>>                  establish or reinforce
>>>                  > anyone¹s ³rights².
>>>                  >
>>>                  > Thanks‹
>>>                  >
>>>                  > J.
>>>                  >
>>>                  >
>>>                  >
>>>                  >
>>>                  > On 7/17/15, 11:32 ,
>>>                  "accountability-cross-community-bounces at icann.org
>>>                
>>><mailto:accountability-cross-community-bounces at icann.org>
>>>                  on
>>>                  > behalf of Avri Doria"
>>>                  <accountability-cross-community-bounces at icann.org
>>>                
>>><mailto:accountability-cross-community-bounces at icann.org>
>>>                  on
>>>                  > behalf of avri at acm.org <mailto:avri at acm.org>> wrote:
>>>                  >
>>>                  >> Hi,
>>>                  >>
>>>                  >> As far as I can tell this fell through the cracks
>>>                  among the various WPs
>>>                  >>
>>>                  >> I am hoping to bring this up during our discussion
>>>                  in Paris.  I do not
>>>                  >> want to let it fall
>>>                  >> through the cracks especially since it respond to
>>>                  two of the comments on
>>>                  >> various human rights like freedoms of expression
>>>                  and association.  Not
>>>                  >> quite sure what session it will fit into.
>>>                  >>
>>>                  >> I suggest a final core value that reads:
>>>                  >> Work to ensure that ICANN respects human right
>>>                  obligations within its
>>>                  >> mission, accounts for impact on human rights in
>>>                  policy creation, and
>>>                  >> adheres to the "Respect, Protect and Remedy"
>>>                  framework developed by the
>>>                  >> UN.
>>>                  >>
>>>                  >> thanks
>>>                  >>
>>>                  >> avri
>>>                  >>
>>>                  >>> On 14-Jul-15 00:27, Avri Doria wrote:
>>>                  >>>> Hi,
>>>                  >>>>
>>>                  >>>> In his comment 100 Willie Currie raised the issue
>>>                  of enshrining freedom
>>>                  >>>> of expression in the in the core values.
>>>                  >>>>
>>>                  >>>> In comment 123 NCSG worte: "We support the
>>>                  addition of respect for
>>>                  >>>> Human
>>>                  >>>> rights to the core values and support the
>>>                  addition of an obligation for
>>>                  >>>> human rights impact analyses for ICANN decisions
>>>                  to the mission. NCSG
>>>                  >>>> has consistently recommended that ICANN adopt the
>>>                  ³Respect, Protect,
>>>                  >>>> and
>>>                  >>>> Remedy² framework which was developed for private
>>>                  corporations"  this
>>>                  >>>> is
>>>                  >>>> the framework documented by the UN called *in
>>>                  Guiding Principles on
>>>                  >>>> Business and Human Rights *<
>>>                  >>>>
>>>                  >>>>
>>>                
>>>*https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ohchr.org_Docum
>>>ents_Publications_GuidingPrinciplesBusinessHR&d=AwIGaQ&c=MOptNlVtIETeDAL
>>>C_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=pw-YLSXwFVf8QolF
>>>9R7jdA9Li69aIPxcJCPlJiGorHg&s=-DsAVzT0PWA5-tXfmUyUa2aENYRdeWAnwt6bxoT3Sl
>>>4&e= 
>>>                  >>>> _EN.pdf>*
>>>                  >>>>
>>>                  >>>>
>>>                  >>>> These Guiding Principles are grounded in
>>>                  recognition of:
>>>                  >>>>
>>>                  >>>> (a) States¹ existing obligations to respect,
>>>                  protect and fulfill human
>>>                  >>>> rights and fundamental freedoms;
>>>                  >>>>
>>>                  >>>> (b) The role of business enterprises as
>>>                  specialized organs of society
>>>                  >>>> performing specialized functions, required to
>>>                  comply with all
>>>                  >>>> applicable laws and to respect human rights;
>>>                  >>>>
>>>                  >>>> (c) The need for rights and obligations to be
>>>                  matched to appropriate
>>>                  >>>> aeffective remedies when breached
>>>                  >>> I argue that we need to add something to our next
>>>                  version to take these
>>>                  >>> comment into account.
>>>                  >>
>>>                  >>
>>>                  >>
>>>                  >>
>>>                  >>
>>>                  >>
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