[cc-humanrights] Last call for CCWP charter

Patrik Fältström paf at netnod.se
Sun Apr 5 14:42:12 UTC 2015


> On 5 apr 2015, at 16:30, Niels ten Oever <niels at article19.org> wrote:
> 
> Signed PGP part
> 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.

Yes, of course.

I might be completely alone in the thinking, and do not mind (well... ;-) ) being overridden, but for me a non-State do always work on CSR issues. That is "how the organization is to behave". This is as you say a very very broad area that can include anything.

What this group want to work on are issues related to Human Rights. And that scope I am absolutely in support of.

I just do not want this to be a CCWG on Human Rights. It should be on ICANN CSR issues related to Human Rights.

And once again, if I am alone in being sensitive on this kind of wording, let me know. Then I rest my case ;-)

   Patrik

> 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
> 
> PGP fingerprint    8D9F C567 BEE4 A431 56C4
>                    678B 08B5 A0F2 636D 68E9
> 
> 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
> >> mailing list cc-humanrights at icann.org
> >> https://mm.icann.org/mailman/listinfo/cc-humanrights
> >
> >
> >
> > _______________________________________________ cc-humanrights
> > mailing list cc-humanrights at icann.org
> > https://mm.icann.org/mailman/listinfo/cc-humanrights
> >
> 
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