[cc-humanrights] Last call for CCWP charter

Niels ten Oever niels at article19.org
Sun Apr 5 14:30:22 UTC 2015


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Hi all,


Thanks a lot for your contributions, especially Patrik. Sorry for not
responding earlier.

I think Corporate Social Responsibility is really quite all
encompassing, which would require for us to do more scoping, in our
earlier work (and report [0]) we have been focusing on the Corporate
Responsibility of ICANN (as defined in the Rugge Principles [1]).
Would that perhaps be a good compromise?

That would also allow us to focus on other topics as the ones
mentioned by Patrik, but would still allow us to have a relatively
limited scope.

Best,

Niels

[0]
http://www.article19.org/resources.php/resource/37845/en/icann%E2%80%99s
- -corporate-responsibility-to-respect-human-rights
[1] http://business-humanrights.org/en/un-guiding-principles

Niels ten Oever
Head of Digital

Article 19
www.article19.org

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On 04/01/2015 05:32 PM, Stephanie Perrin wrote:
> I think this makes sense in the Charter, although I too worry about
> it becoming over-broad.  However, broad is fine in the Charter, as
> long as we focus on a concrete path towards the work. Thanks to
> Patrik for this!  Have to go read those other documents now....:-) 
> On 15-04-01 9:49 AM, Patrik Fältström wrote:
>>> On 1 Apr 2015, at 15:46, Matthew Shears <mshears at cdt.org>
>>> wrote:
>>> 
>>> I support this approach in general although I would note that
>>> CSR is quite all-encompassing:
>> Agree, but on the other hand, I do not want it limited to human
>> rights related issues, but also specifically for example labor
>> issues. That's why I like when I found ability to write "CSR,
>> specifically in relation to Human Rights" and such constructs.
>> 
>> paf
>> 
>>> CSR is defined by the European Commission as "the
>>> responsibility of enterprises for their impacts on society"
>>> (COM (2011) 681 <f_pdf_16.gif>). The Commission encourages that
>>> enterprises "should have in place a process to integrate
>>> social, environmental, ethical human rights and consumer
>>> concerns into their business operations and core strategy in
>>> close collaboration with their stakeholders".
>>> 
>>> Obviously, the charter should make explicit or the WP would
>>> have to agree the scope of work within the broader CSR
>>> framing.
>>> 
>>> Matthew
>>> 
>>> 
>>> 
>>> On 4/1/2015 2:35 PM, Patrik Fältström wrote:
>>>> Here is a proposal for few changes that makes it better from
>>>> my perspective
>>>> 
>>>> 
>>>>> Background:
>>>>> 
>>>>> This cross community working party (CCWP) seeks to map and
>>>>> understand the issues and potential solutions for the
>>>>> impact that policies, procedures and operations of the
>>>>> Internet Corporation for Assigned Names and Numbers (ICANN)
>>>>> have on human rights. In particular it focuses on the
>>>>> corporate responsibility of ICANN to respect human rights.
>>>>> It builds on a long term community engagement on this
>>>>> topic, further catalysed with the publication of the paper
>>>>> 'ICANN's procedures and policies in the light of human
>>>>> rights, fundamental freedoms and democratic values', as
>>>>> commissioned by the Council of Europe, and after sessions
>>>>> held in London, Los Angeles and Singapore. It seeks to
>>>>> improve ICANN's measures to respect human rights, in 
>>>>> accordance with article 4 of ICANN's articles of
>>>>> incorporation.
>>>>> 
>>>> This cross community working party (CCWP) seeks to map and
>>>> understand the issues and potential solutions related to
>>>> corporate social responsibility of the Internet Corporation
>>>> for Assigned Names and Numbers (ICANN), and this related, but
>>>> not limited to policies, procedures and operations. In
>>>> particular it focuses on the responsibility of ICANN in the
>>>> context of human rights discussions. It builds on a long term
>>>> community engagement on this topic, further catalysed with
>>>> the publication of the paper 'ICANN's procedures and policies
>>>> in the light of human rights, fundamental freedoms and
>>>> democratic values', as commissioned by the Council of Europe,
>>>> and after sessions held in London, Los Angeles and Singapore.
>>>> It seeks to improve ICANN's measures to, and respect of, a
>>>> strong corporate social responsibility programme, all in
>>>> accordance with article 4 of ICANN's articles of
>>>> incorporation.
>>>> 
>>>> [Note that article 4 says:
>>>> 
>>>> The Corporation shall operate for the benefit of the Internet
>>>> community as a whole, carrying out its activities in
>>>> conformity with relevant principles of international law and
>>>> applicable international conventions and local law and, to
>>>> the extent appropriate and consistent with these Articles and
>>>> its Bylaws, through open and transparent processes that
>>>> enable competition and open entry in Internet-related
>>>> markets. To this effect, the Corporation shall cooperate as
>>>> appropriate with relevant international organizations.
>>>> 
>>>> I do not think this is strong enough, as it only talks about
>>>> law, and not talk about CSR related issues, and specifically
>>>> not about the context of Human Rights]
>>>> 
>>>> 
>>>>> Objective:
>>>>> 
>>>>> The CCWP on ICANN and Human Rights would have the purpose
>>>>> to raise awareness, provide information, facilitate
>>>>> dialogue and make suggestions to the ICANN community on
>>>>> ways to better harmonize ICANN’s policies and procedures
>>>>> with internationally recognized human rights standards,
>>>>> such as the Universal Declaration of Human Rights (UDHR) 
>>>>> and the International Covenant on Civil and Political
>>>>> Rights (ICCPR). The working party will focus on human
>>>>> rights that are directly impacted by ICANN policy
>>>>> decisions, procedures and operations.
>>>>> 
>>>> The CCWP on Corporate Social Responsibility for ICANN would
>>>> have the purpose to raise awareness, provide information,
>>>> facilitate dialogue and make suggestions to ICANN the
>>>> corporation and the ICANN community on ways to better
>>>> harmonize ICANN’s policies and procedures with
>>>> internationally recognized CSR standards, such as United
>>>> Nations Global Compact(1), the European Commission and IHRB
>>>> guidelines on implementation of the UN Guiding Principles on
>>>> Business and Human Rights for the ICT Sector(2). This
>>>> specifically in the context of the Universal Declaration of
>>>> Human Rights (UDHR) and the International Covenant on Civil
>>>> and Political Rights (ICCPR). The working party will focus on
>>>> issues related to human rights that are directly impacted by
>>>> ICANN policy decisions, procedures and operations.
>>>> 
>>>> 
>>>>> Responsibilities and scope of work:
>>>>> 
>>>>> (i) To continue the process of raising awareness about the
>>>>> interplay between ICANN’s policies, procedures and
>>>>> operations and human rights;
>>>>> 
>>>> (i) To continue the process of raising awareness about the
>>>> interplay between ICANN’s policies, procedures and operations
>>>> and CSR issues, specifically with respect for human rights;
>>>> 
>>>> 
>>>>> (ii) To map and collect information from the community
>>>>> about cases as well as current ICANN policies,procedures
>>>>> and operations that present an impact on human rights in
>>>>> which further guidance on how to harmonize policies and
>>>>> procedures with human rights would be necessary;;
>>>>> 
>>>> (ii) To map and collect information from the community about
>>>> cases as well as current ICANN policies,procedures and
>>>> operations that present an impact on the respect of human
>>>> rights in which further guidance on how to harmonize policies
>>>> and procedures with increased respect of human rights would
>>>> be necessary;;
>>>> 
>>>> 
>>>>> (iii) To develop guidelines for the procedures that are in
>>>>> place or that should be created in the policy development
>>>>> process to ensure the respect for human rights;
>>>>> 
>>>> (iii) To develop CSR guidelines for the procedures that are
>>>> in place or that should be created in the policy development
>>>> process to ensure specifically, but not limited to, the
>>>> respect for human rights;
>>>> 
>>>> 
>>>>> (iv) To provide information, suggestions and
>>>>> recommendations to the chartering organizations and to the
>>>>> broader ICANN community on how ICANN’s policies and
>>>>> procedures can be developed and implemented consistent with
>>>>> internationally recognized human rights standards. This
>>>>> input can inform the policy development processes as
>>>>> defined in the ICANN Bylaws.
>>>>> 
>>>> (iv) To provide information, suggestions and recommendations
>>>> to the chartering organizations and to the broader ICANN
>>>> community on how ICANN’s policies and procedures can be
>>>> developed and implemented consistent with internationally
>>>> recognized CSR standards. This input can inform the policy
>>>> development processes as defined in the ICANN Bylaws.
>>>> 
>>>> 
>>>>> (v) To propose procedures and mechanisms with the aim of
>>>>> producing assessments on if and how policies and procedures
>>>>> under development and/or being implemented may impact on
>>>>> human rights.
>>>>> 
>>>> (v) To propose procedures and mechanisms with the aim of
>>>> producing assessments on if and how policies and procedures
>>>> under development and/or being implemented may impact on
>>>> human rights.
>>>> 
>>>> 
>>>>> (vi) Draft Position Papers and Statements as deemed
>>>>> appropriate
>>>>> 
>>>> (vi) Draft Position Papers and Statements as deemed
>>>> appropriate
>>>> 
>>>> 
>>>>> (vii) To carry out further discussions about the pertinence
>>>>> and timing for the creation of a cross-community working
>>>>> group on this issue.
>>>>> 
>>>> (vii) To carry out further discussions about the pertinence
>>>> and timing for the creation of a cross-community working
>>>> group on this issue.
>>>> 
>>>> 
>>>>> Membership
>>>>> 
>>>>> The membership of the Working Party on ICANN and Human
>>>>> Rights is proposed to include members representing the
>>>>> diversity of the ICANN community. The Working Party will
>>>>> serve as a focal point for the discussion, knowledge
>>>>> dissemination and communication about the impact of ICANN's
>>>>> policies and procedures on Human Rights  Its activities 
>>>>> will be conducted in an open and fully transparent manner.
>>>>> 
>>>> The membership of the CCWP on CSR for ICANN is proposed to
>>>> include members representing the diversity of the ICANN 
>>>> community. The Working Party will serve as a focal point for
>>>> the CSR discussion, knowledge dissemination and communication
>>>> about the impact of ICANN's policies and procedures on CSR,
>>>> specifically related to Human Rights.  Its activities will be
>>>> conducted in an open and fully transparent manner.
>>>> 
>>>> 
>>>> 
>>>> 
>>>> I think something like this is much better, and I can
>>>> strongly recommend the EU-COM text created by IHRB and Shift
>>>> on how to go through such a process(2). Yes, I helped
>>>> creating it, and it might sound like bragging, but I actually
>>>> think it ended up being a really good document. Specifically,
>>>> see pages marked "Questions to ask" (i.e. 26, 41, 56 etc).
>>>> That is what I really would like a CCWG like this go through
>>>> (i.e. a version of that).
>>>> 
>>>> Patrik
>>>> 
>>>> (1) <https://www.unglobalcompact.org>
>>>> 
>>>> (2) 
>>>> <http://www.ihrb.org/pdf/eu-sector-guidance/EC-Guides/ICT/EC-Guide_
ICT.pdf>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>>
>>>> 
_______________________________________________
>>>> cc-humanrights mailing list
>>>> 
>>>> cc-humanrights at icann.org 
>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights
>>> -- Matthew Shears Global Internet Policy and Human Rights 
>>> Center for Democracy & Technology (CDT) + 44 (0)771 247 2987
>>> 
>> 
>> 
>> _______________________________________________ cc-humanrights
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> 
> 
> 
> _______________________________________________ cc-humanrights
> mailing list cc-humanrights at icann.org 
> https://mm.icann.org/mailman/listinfo/cc-humanrights
> 
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