[cc-humanrights] Human Rights in CCWG on accountability

Marilia Maciel mariliamaciel at gmail.com
Mon Aug 3 17:01:16 UTC 2015


Thank you for sharing, Niels. The conclusion that a reference to HR should
be included it in the bylaws is a very positive development. From what I
can notice in the CCWG-Accountability mailing list, there has been a
considerable interest to join the subgroup that will be created to discuss
this topic.

Best!
Marília

On Mon, Aug 3, 2015 at 12:59 PM, Niels ten Oever <niels at article19.org>
wrote:

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> Dear all,
>
> This might be of interest to you (from CCWG on Accountability
> https://mm.icann.org/pipermail/accountability-cross-community/2015-July/
> 004798.html
> )
>
> Best,
>
> Niels
>
> Mathieu Weill mathieu.weill at afnic.fr
> Fri Jul 31 11:49:55 UTC 2015
>
> Dear Colleagues,
>
> As announced during our last call, the co-Chairs have reviewed where we
> are on this issue. Our group is tasked to work on the basis of
> consensus, and we have focused on assessing where this condition was met
> .
>
> It is our conclusion that :
> 1) our group has achieved consensus on including a human rights related
> Commitment in Icann's Bylaws.
> 2) no particular wording currently proposed achieved consensus.
>
> As a consequence, we propose to include into the public comment 2 report
> (in the Mission & Core value section, a draft is included below)
> - - this assessment and a firm commitment to add a human rights related
> Commitment into Icann's Bylaws,
> - - the underlying requirements expressed during the debate,
> - - the concrete language proposals that were considered by our group so
> far, as examples
>
> Finally, given the strong momentum on the issue, both during the meeting
> and on list before and after, and taking into account the high level of
> complexity involved, we suggest to kick off ASAP a subgroup to further
> refine the requirements and assess potential options based on further
> studies of the current situation and "agreed-on" language.
>
> We thank you all for your understanding and commitment on this topic, as
> well as the extensive discussions both on list and during the calls
> about this.
>
> As a reminder, Minority statements filed until Saturday 12.00 UTC will
> be incorporated into the report to be published on Monday. Statements
> filed after this deadline will be published online but not incorporated
> into the report.
>
> Best regards,
> Leon, Thomas & Mathieu
> Co-chairs
>
> - -----------------------------------------------
> NEW SUBSECTION IN 3A Mission, Commitmennts & Core Values
>
> Elaborating an Icann Commitment to Human Rights
>
> The CCWG-Accountability extensively discussed the opportunity to include
> into Icann Bylaws a Comittment related to Human Rights. The group
> commissioned a legal analysis of whether the termination of the IANA
> contract would induce changes into Icann's obligations with regards to
> Human Rights (LINK). While no significant issue was found to be directly
> linked to the termination of the IANA contract, the group acknowledged
> the recurring debates around the nature of Icann's accountability
> towards the respect of fundamental human rights.
>
> These discussions identified the following, non-exhaustive, list of
> accountability-related requirements :
> - - the NTIA criteria to maintain the openness of the Internet, including
> free expression and the free flow of information
> - - the need to avoid extending Icann's mission into content regulation
> - - the importance of assessing the impact of Icann policies on Human righ
> ts
>
> Examples of language that could serve as a Commitment were as follows :
> - - Within its mission and in its operations, ICANN will be committed to
> respect the fundamental human rights of the exercise of free expression
> and the free flow of information.
> - - Within its mission and in it operations, ICANN will be committed to
> respect internationally recognized fundamental human rights.
>
> The group has achieved consensus on including a human rights related
> Commitment in Icann's Bylaws. However no particular wording currently
> proposed achieved consensus. Reiterating its commitment to elaborate
> concrete proposals as part of its mandate,  the CCWG-Accountability is
> calling for comments on this approach and the underlying requirements.
>
>
>
> - --
> *****************************
> Mathieu WEILL
> AFNIC - directeur général
> Tél: +33 1 39 30 83 06
> mathieu.weill at afnic.fr
> Twitter : @mathieuweill
> *****************************
>
>
> - --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
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-- 
*Marília Maciel*
Pesquisadora Gestora - Centro de Tecnologia e Sociedade - FGV Direito Rio
Researcher and Coordinator - Center for Technology & Society - FGV Law
School
http://direitorio.fgv.br/cts

DiploFoundation associate - www.diplomacy.edu
PoliTICs Magazine Advisory Committee - http://www.politics.org.br/
Subscribe "Digital Rights: Latin America & the Caribbean" -
http://www.digitalrightslac.net/en
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