[cc-humanrights] Last call for CCWP charter

Mon Apr 13 17:34:03 UTC 2015

Just to make things clear, I think this is fine.

This should move forward in the chartering process.

   Patrik

> On 10 apr 2015, at 11:43, Niels ten Oever <niels at article19.org> wrote:
> 
> Hello everyone,
> 
> I have tried to balance both the comments and text suggestions from
> everyone in the following draft text for the CCWP. I tried to balance
> ICANNs corporate responsibilities, social responsibilities, its impact
> on society and its impact on human rights.
> 
> I hope this text is both broad and narrow enough for everyone to work
> with. I'm greatly looking forward to your endorsements, comments
> (preferably with text suggestions), I hope we can make the final
> decision on Tuesday.
> 
> Best,
> 
> Niels
> 
> PS I'm also keeping a pad with the changes here:
> https://etherpad.mozilla.org/icannhr
> 
> Background
> 
> This cross community working party (CCWP) seeks to map and understand
> the issues and potential solutions related to corporate and social
> responsibilities of the Internet Corporation
> for Assigned Names and Numbers (ICANN), and this related, but not
> limited to policies, procedures and operations, it particularly
> focuses on ICANNs responsibility to respect human rights. It builds on
> a long term community engagement on this topic, further catalyzed 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 and and have established a programme
> for corporate social responsibility.
> 
> Objective
> 
> The CCWP on ICANNs Corporate  and Social Responsibility to Respect
> Human Rights  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 human
> rights and corporate social responsibility standards, such as UN
> Guiding Principles on Business and HUman Rights, the UN Global
> Compact, and the European Commission and International Human Rights
> and Business guidelines on implementation of the UN Guiding Principles
> on Business and Human Rights for the ICT Sector. 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 corporate and
> social responsibility 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 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 corporate and social responsibility 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
> 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.
> 
> (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.
> 
> The membership of the CCWP on ICANNs Corporate  and Social
> Responsibility to Respect 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 CSR discussion, knowledge
> dissemination and communication about the impact of ICANN's policies
> and procedures on corporate and social responsibility, specifically
> related to Human Rights. Its activities will be conducted in an open
> and fully transparent manner.
> 
> 
> 
> 
> 
> Niels ten Oever
> Head of Digital
> 
> Article 19
> www.article19.org
> 
> PGP fingerprint    8D9F C567 BEE4 A431 56C4
>                   678B 08B5 A0F2 636D 68E9
> 
> On 04/06/2015 06:27 PM, Niels ten Oever wrote:
>> 
>> On 04/06/2015 06:12 PM, Patrik Fältström wrote:
>>>> By adding Corporate Social Responsibility to the work of this
>>>> working party we're expanding the scope far beyond human
>>>> rights. Initially we have tried to make the scope smaller by
>>>> only having a look at first generation human rights, and
>>>> predominantly freedom of expression and the right to privacy
>>>> and the impact ICANN has on them. CSR opens up the discussion
>>>> on: The impact of a company on economic, environmental and
>>>> social impacts caused by its everyday activities. These are a
>>>> lot of different things, far beyond what was initially
>>>> envisioned. Ranging from CO2 emisions, travel policy,
>>>> transparency, renumeration, supply chain disclosure, I've been
>>>> having a look at the best practices in CSR-land, and it is
>>>> quite huge: https://www.globalreporting.org/
>>> 
>>> Yes, CSR is a VERY broad topic. One must scope it.
>>> 
>>>> If we manage to produce a report provuides an analysis and
>>>> recommendations based on the IHRB report [0] that Patrik
>>>> mentioned is, would for me be a perfect outcome of our work,
>>>> but I am curious if people think we should go further.
>>>> 
>>>> Patrik mentioned that he wanted to include topics of labor in
>>>> this work, but that seems covered by the UN Guiding Principles
>>>> on Business and Human Rights and are also addressed in the
>>>> IHRB report.
>>> 
>>> No, I said we COULD do that.
>>> 
>>> I agree we must be scoped.
>>> 
>>>> So I just want to make sure that our scope is wide enough to
>>>> include everything we want to do, but narrow enough to keep it
>>>> manageable.
>>>> 
>>>> Currently I am not 100% sure if we are discussing semantics,
>>>> or issues we want to tackle, it seems we are discussing the
>>>> difference between things that mean the same to me:
>>> 
>>> To me semantics.
>> 
>> Happy to hear this all. Let's work it out :)
>>> 
>>>> 1. CCWP on ICANN and Human Rights 2. CCWP on ICANNs Corporate
>>>> Responsibility to Respect Human Rights 3. CCWP on ICANN CSR
>>>> issues related to Human Rights
>>>> 
>>>> But I think that this has a far wider scope:
>>>> 
>>>> 4. CCWP on Corporate Social Responsibility for ICANN
>>>> 
>>>> And this email made me want to check with you Patrik if we're
>>>> talking about the same thing:
>>>> 
>>>> On 04/05/2015 04:42 PM, Patrik Fältström wrote:
>>>>> 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 ;-)
>>>> 
>>>> Looking forward to discuss!
>>> 
>>> So it is [3] above I am asking for, of your four alternatives.
>>> 
>>> But I understand the view of Bill that it might be viewed
>>> immediately as "ICANN as the corporation", so I can go with a
>>> name of the CCWG that is as [1].
>>> 
>>> I will have a look at the document you produced online Niels.
>>> 
>>> Once again, I am sensitive to "Human Rights" as I very strongly
>>> see Human Rights are agreements between states on what they MUST
>>> do and what they MUST NEVER do. Everyone else is acting in that
>>> context. For example by doing activities that forces States to
>>> change their behavior. Or by acting in a specific way just
>>> because States do misbehave (but one have to do things there
>>> anyway).
>>> 
>>> It might have been teachers I have had that hammered this
>>> possibly too drastic view into my brain...but there you are.
>>> 
>>> And still, I can view myself be in the minority here.
>>> 
>>> Patrik
>>> 
>> 
>> Very happy to have your voice in this discussion Patrik (isn't
>> human rights all about protecting minorities ;) ). Previously we
>> noticed that as long as we were talking about Human Rights, people
>> thought we were going to have ICANN as an advocacy organizations
>> against torture. Adding 'ICANNs Corporate Responsibility to Respect
>> Human Rights' made things much clearer for many people (and linked
>> it very directly to the UN Guiding Principles on Business and Human
>> Rights). So great to be able to test what is the best language to
>> describe what we want to do.
>> 
>> There are indeed different obligations for states (that should
>> protect human rights) and for other actors (that should respect
>> human rights), which is both a responsibility.
>> 
>> It's just that CSR has become quite something of a marketing term
>> for a lot of different things, so I would be afraid that it would
>> create more confusion than it would solve. But if you think the
>> opposite, what would you think of:
>> 
>> 5. CCWP on ICANNs Corporate Social Responsibility to respect Human
>> Rights ?
>> 
>> I think it would help deciding on this before I go edit the
>> document.
>> 
>> Finally, Bill: do you think the issue about 'corporate' is more of
>> an issue in CSR than in CR ? Because this was not brought up at
>> the discussion in Singapore even though the title of the session
>> was ICANNs Corporate Responsibility to Respect Human Rights.
>> 
>> Looking forward to discuss.
>> 
>> Best,
>> 
>> Niels
>> 
>> 
>> 
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>> 
> 
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