[CCWG-ACCT] yet another human rights question
nigel at channelisles.net
Mon Jul 27 13:08:27 UTC 2015
Indeed. Which makes it all the more surprising that ICANN would have
taken the position it did back then.
But that is, perhaps, the snow of yesteryear.
The question remains of how to incorporate, at a fundamental level two
1. A real commitment to fundamental rights, embodied in the
organisational DNA, not just lip-service.
2. Effective (which also means proportionate in terms of expense/costs)
means of ensuring this.
On 27/07/15 13:49, CW Mail wrote:
>> since ICANN's founders … put this commitment in its bylaws,
> Well, actually it is in the Articles of Incorporation (Article 4).
> PS: I understand from ICANN staff that I now have posting rights to CCWG. So this small comment is also by way of a 'test'.
> On 27 Jul 2015, at 12:33, Nigel Roberts <nigel at channelisles.net> wrote:
>>> accept them being traded off against other objectives):
>>> i) an obligation "to carry out its activities in conformity with
>>> relevant principles of international law", which includes human rights
>>> law; and
>> I would feel much more reassured had you been a position to be able to put the closing double quote where the semicolon is.
>> Look, ICANN's lawyers argued strongly that international law does not apply to ICANN in ICM Registry -v- ICANN.
>> It took a learned jurist in the IRP process to remind them otherwise -- since ICANN's founders has put this commitment in its bylaws, it is legally bound to uphold it.
>> But without effective accountability measures available to those without deep pockets, it remains unsatisfactory -- both .XXX and .AFRICA IRPs, coupled with
>> (a) the derision shown by the previous CEO towards, and
>> (b) the ineffectivess of the current CEO in acheiving
>> the engagement of fundamental rights inside ICANN
>> has shown the corporate culture of ICANN is actually inimical to the promotion of fundamental rights.
>> My view is that upholding fundamental rights is not simple 'motherhood and apple pie'.
>> It needs to be embedded so that any affected person effectively may hold the corporation accountable for infringing, or failing to protect, fundamental rights; ICANN holding a special position as an international multistakeholder body.
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