[CCWG-ACCT] Human Rights draft text for third reading

Kavouss Arasteh kavouss.arasteh at gmail.com
Tue Jan 26 14:21:53 UTC 2016


Dear Nigle
What text you propose?
Where you want to put the ICANN Commitment?
Regards


2016-01-26 14:53 GMT+01:00 Dr Eberhard W Lisse <el at lisse.na>:

> Nigel,
>
> I am on record that I do not agree with watering this down.
>
> el
>
> On 2016-01-26 15:46, Nigel Roberts wrote:
> > I think the consensus is that ICANN should, before it is permitted to
> > transition, make an unequivocal strategic committment to internationally
> > accepted human rights standard. That is the baseline.
> >
> > I am content to allow HR issues NOT to affect IRPs, for example until as
> > Framework, and detailed bylaws can be developed, e.g. immediately post
> > transiation PROVIDED there is a solemn and binding committent to do that.
> >
> > What I cannot accept, however, is that human rights are defined by
> > applicable US law, which only implements human rights piecemeal.
> >
> >
> > N
> >
> > (You can just see capital punishment for an example of how 'applicable
> > law' permits what is unconditionally rejected by international human
> > rights standards)/
> >
> > On 26/01/16 13:36, Kavouss Arasteh wrote:
> >> Dear Nigel
> >> May you please be more specific on how including necessary high level
> >> materials / text in the transitional Bylaws and deferring the exact
> >> texts to be  further developped once the frame work of interpretation of
> >> HR is fully developped and approved would result to
> >> Quote
> >> /"it removes all legalobligations on ICANN to respect internationally
> >> accepted human rights principles, since they do not form part of
> >> applicable law in California."/
> >> Unquote
> >> //You have noted that after many hours of discussions there is no
> >> agreement for the full text to be included in the Bylaws as definitive
> >> nor any consensus to totally postpoe it to WS2.
> >> Some middle ground is being emerged as consensus
> >> Regards
> >> Kavouss
> >>
> >> 2016-01-26 14:23 GMT+01:00 Nigel Roberts <nigel at channelisles.net
> >> <mailto:nigel at channelisles.net>>:
> >>
> >>     The text is overcomplicated and it appears to me that it removes all
> >>     legalobligations on ICANN to respect internationally accepted human
> >>     rights principles, since they do not form part of applicable law in
> >>     California.
> >>
> >>     If that is what the CCWG wants, I am disappointed.
> [...]
> --
> Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
> el at lisse.NA            / *     |   Telephone: +264 81 124 6733 (cell)
> PO Box 8421             \     /
> Bachbrecht, Namibia     ;____/
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