[cc-humanrights] Human Rights in CCWG on accountability

Fri Aug 7 11:38:47 UTC 2015

I agree Niels.  Some simple language like (based on some of the inputs 
Avri had collated):

"Within its mission and in its operations, ICANN [will be] *is* 
committed to respect [fundamental] human rights."

Two points: 1) unless there is some legally defined meaning to the term 
"fundamental" when applied to HR I would leave it out as it is 
subjective and differs by jurisdiction/state/interpretation; 2) if we do 
include the word fundamental then we probably should include reference 
to the minimum qualifying docs - "as enshrined in the UDHR and ICCPR."

Everything else we can leave to WS2 and the CCWP to work on.

Best.

Matthew

.
On 8/7/2015 12:07 PM, Niels ten Oever wrote:
> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: SHA256
>
> Hi all,
>
> I think a clear commitment to human rights is sufficient for the
> bylaws. I don't think specific instruments or policies should be
> described there.
>
> One could possibly think of the reference for there being a policy
> that describes how ICANN ensures it respects human rights in its
> policies and operation, but wouldn't want to risk going into the weeds
> here about what that should look like. Don't think the CCWG is the
> place for that.
>
> Best,
>
> Niels
>
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
> PGP fingerprint    8D9F C567 BEE4 A431 56C4
>                     678B 08B5 A0F2 636D 68E9
>
> On 08/07/2015 10:39 AM, Matthew Shears wrote:
>> Suggest both.  All should join who are concerned with this issue.
>>
>> Note that there are many of us already on the subgroup.  What
>> formulation would you want to see introduced?
>>
>> Matthew
>>
>> On 8/5/2015 2:25 PM, Niels ten Oever wrote: Hi James and others,
>>
>> What would be the rationale for a public comment vs participating
>> in the subgroup? Just trying to assess the best strategy for
>> engagement.
>>
>> Cheers,
>>
>> Niels
>>
>> Niels ten Oever Head of Digital
>>
>> Article 19 www.article19.org
>>
>> PGP fingerprint    8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D
>> 68E9
>>
>> On 08/05/2015 02:49 PM, James Gannon wrote:
>>>>> I'm not Marillia but I suggest that a comment from the HRWP
>>>>> would be very very welcome to the CCWG draft report with
>>>>> regards to the human rights issue. As a conglomeration of HR
>>>>> experts and interested parties the members of this group are
>>>>> well placed to weigh in with comments on this issue.
>>>>>
>>>>> -James
>>>>>
>>>>> ________________________________________ From:
>>>>> cc-humanrights-bounces at icann.org
>>>>> <cc-humanrights-bounces at icann.org> on behalf of Niels ten
>>>>> Oever <niels at article19.org> Sent: 05 August 2015 13:30:42 To:
>>>>> Marilia Maciel Cc: Human Rights Subject: Re: [cc-humanrights]
>>>>> Human Rights in CCWG on accountability
>>>>>
>>>>> Thanks Marilia. Do you think it would also make sense to
>>>>> draft a public comment to the CCWG report by suggesting
>>>>> concrete text? Or would the best workflow be to work on this
>>>>> in the subgroup? Has the subgroup already been formed? Do you
>>>>> know when they should finish and whether people from this
>>>>> list, who are not participating in the CCWG, can join?
>>>>>
>>>>> Best,
>>>>>
>>>>> Niels
>>>>>
>>>>>
>>>>>
>>>>> Niels ten Oever Head of Digital
>>>>>
>>>>> Article 19 www.article19.org
>>>>>
>>>>> PGP fingerprint    8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2
>>>>> 636D 68E9
>>>>>
>>>>> On 08/03/2015 07:01 PM, Marilia Maciel wrote:
>>>>>> 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
>>>>>> <mailto:niels at article19.org>> wrote: Dear all, This might
>>>>>> be of interest to you (from CCWG on Accountability
>>>>>> https://mm.icann.org/pipermail/accountability-cross-community/2015
> - -Ju
> l
>> y/
>>>>> 004798.html
>>>>>> <https://mm.icann.org/pipermail/accountability-cross-community/201
> 5-J
> u
>> ly/
>>>>> 004798.html>
>>>>>> ) Best, Niels Mathieu Weill mathieu.weill at afnic.fr
>>>>>> <http://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.
>>>>>
>>>>>> _______________________________________________
>>>>>> cc-humanrights mailing list cc-humanrights at icann.org
>>>>>> <mailto:cc-humanrights at icann.org>
>>>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights
>>>>>
>>>>>
>>>>>> -- *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 <http://www.diplomacy.edu>
>>>>>> PoliTICs Magazine Advisory Committee -
>>>>>> http://www.politics.org.br/ Subscribe "Digital Rights:
>>>>>> Latin America & the Caribbean" -
>>>>>> http://www.digitalrightslac.net/en
>>>>> _______________________________________________
>>>>> 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
> -----BEGIN PGP SIGNATURE-----
> Version: GnuPG v2
>
> iQEcBAEBCAAGBQJVxJFXAAoJEAi1oPJjbWjpj3IH/2PUlVBm2xdBFibgJAkoreCR
> KSRdBqn+kCb+SnxHdy4B8Ja00S0PS+eKAgK2xgbWhQigVk8F4ixsxa+GnbE4dWmm
> I2u3e/W+vi9TosCloZgYpYQTd1aA75e6IJlonMbNtV1br/p/hd0g/m6a2rtKkz5N
> M14zSxp10l5xwI9s9ez02YwSw4TLpPXfWDlsVLfzBEWXIqHDXuQzRCIVPlSu85Pq
> wCrvgZ0pqP8GX8ctoqRYEEHkbuGTxUn+6d3cdIR1IIJVRlKN5hxnCJtQCsZ+7fEH
> v5Gp6C1pnZM8b0ARZ6C4c5QIqICsg/x10rusEzH8ACGsLyBC64WeJxhtmOg11BA=
> =zoM+
> -----END PGP SIGNATURE-----

-- 
Matthew Shears
Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
+ 44 (0)771 247 2987

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/cc-humanrights/attachments/20150807/8bd8690f/attachment-0001.html>