[CCWG-ACCT] Report on Lawyers Call re Human Rights

[Nigel Roberts]

No.

I want ICANN to formally commit to respect the rights set out in the 
Universal Declaration of Human RIghts, and do so willingly and proactively.

That's it.


On 22/01/16 07:40, Greg Shatan wrote:
> Nigel,
>
> It seems like you want ICANN  to act as if it were a government. I think
> that's beyond even the most aggressive interpretation that has been
> espoused of what we are trying to do here.
>
> If nothing else, it shows how far we are from a common understanding of
> the intent and effect of the Human Rights bylaw.
>
> Greg
>
> On Friday, January 22, 2016, Nigel Roberts <nigel at channelisles.net
> <mailto:nigel at channelisles.net>> wrote:
>
>     Holly
>
>     This clearly shows the source of the confusion. The laws you quote,
>     are domestic US laws on specific issues (some of which do act to
>     protect human rights)
>
>     Domestic legal obligation obviouls do not need to be stated or
>     quoted in the ByLaws, since they apply as a matter of domestic law.
>
>     But none of the rights in the UDHR apply to ICANN as a private
>     company, such as the right to a fair hearing, the right to property etc.
>
>     As a private company, there is no obligation on ICANN, for example,
>     to ensure fair hearing of parties affected by its decisions.
>
>
>
>
>
>     On 22/01/16 01:35, Gregory, Holly wrote:
>
>         Just to clarify, laws that prohibit child labor, limit the hours
>         that employees may be required to work without receiving
>         over-time pay, require employers to refrain from limiting the
>         ability of employees to freely associate for the purpose of
>         pursuing unionization, protect against discrimination on the
>         basis of race, gender, disability, or other criteria -- and
>         there are more examples-- exist in many jurisdictions and are
>         examples of "applicable laws" that protect human rights.
>
>         HOLLY J. GREGORY
>         Partner and Co-Chair
>         Global Corporate Governance & Executive Compensation Practice
>
>         Sidley Austin LLP
>         +1 212 839 5853
>         holly.gregory at sidley.com
>
>         -----Original Message-----
>         From: accountability-cross-community-bounces at icann.org
>         [mailto:accountability-cross-community-bounces at icann.org] On
>         Behalf Of Nigel Roberts
>         Sent: Thursday, January 21, 2016 2:13 AM
>         To: accountability-cross-community at icann.org
>         Subject: Re: [CCWG-ACCT] Report on Lawyers Call re Human Rights
>
>         So long as the 'applicable law' clause remains, ICANN will have
>         NO legal
>         obligations to respect human rights, post transition, on a literal
>         construction.
>
>         Therefore the proposed addition, whilst harmless, is perfectly
>         otiose.
>
>         There are many lawyers involved in proposing the 'applicable
>         law' language.
>
>         I cannot believe you do not know that there is NO 'applicable
>         law' once
>         ICANN is no longer an instrumentality of the state.
>
>         Otherwise please give an example of a single legal provision on
>         human
>         rights that would fall under 'applicable law'.
>
>         Just one.
>
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