[cc-humanrights] More comments.

Marilia Maciel mariliamaciel at gmail.com
Mon Jun 1 20:49:10 UTC 2015

Dear Monika and all,

I went through the report and added a few more comments (up to section 3).
I like very much the the angle of the analysis and the suggestions that
were made. I believe that more work needs to be done in order to connect
these suggestions with the day to day of ICANN's procedures and policy

I also feel that a mapping of concrete cases in which human rights were at
stake (or will likely be at stake in the near future) would help to make
the case for some of the mechanisms and bodies that are being proposed
(some of them will generate expenditures that will need to be justified on
very concrete terms). Maybe this is a not something to be tackled by this
particular report, but it would be good to keep that in mind.

I think that the meeting in BA would be an excellent opportunity to present
this report, maybe as a draft report, and find the expertise necessary to
complete the analysis with an in depth look at ICANN's procedures and
policy development process.

Best wishes,

On Fri, May 29, 2015 at 9:46 AM, zalnieriute . <zalnieriute at gmail.com>

> Dear All,
> Would it be fine if I address Marianne's and Gabrielle's comments into the
> document first, and then we give to Stephanie for grammatical edits she
> promised in an earlier e-mail?
> Let me know as we dont want to have several parellell versions at the same
> time,
> Best wishes,
> Monika
> On Thu, May 28, 2015 at 6:15 PM, Marianne Franklin <
> m.i.franklin at gold.ac.uk> wrote:
>>  Dear all
>> Just wanted to say hello, rather late into this really interesting and
>> productive conversation on this CCWP for ICANN. The thread was quite long
>> and substantial so have had to take time to get up to speed; nothing like a
>> long train-ride to enable that!.
>> Being relatively new to ICANN at this level of work, it is quite
>> encouraging to see how far this work has gone.
>> I have not much to add in terms of the discussions around the title of
>> the document, and also the symbolic and legally substantive issues around
>> Human Rights as enshrined in international law and CSR. All the points
>> raised are for a non-expert make sense.
>> A couple of comments if I may though on the document as it is readied for
>> circulation to the iCANN community; based on reading the penultimate draft
>> but hopefully still relevant for the final tweaks, and future references.
>> 1) The revised preamble/framing of this initiative for ICANN folk: this
>> works pretty well now as long as there remains room for eventual inclusion
>> of later human rights treaties and covenants that tend to drop off the list
>> e.g. those on disability, the rights of women, rights of children etc.
>> ICANN may want to, at this very early stage, restrict its thinking to
>> privacy and freedom of expression, or focus on consumer rights at the
>> expense of more inclusive human rights norms and keep stipulating this,
>> particularly in terms of consumer rights and CSR frameworks. Nonetheless,
>> revising this project in a way that continues to more inclusive is in the
>> long term the right way to go even if there may be push-back: international
>> human rights law and norms do not stop with the ICCPR and ICESCR, and norms
>> change slowly over time as do legal instruments such as the UN Bill of
>> Rights .... :) .
>> a) So moving from there to the current introduction; where a clear
>> distinction is made between protecting and respecting human rights. This
>> makes sense so do make sure that the remaining references to 'protecting'
>> human rights are redacted later in the document (e.g. page 18).
>> b) That said and recalling point 1 above, the strong emphasis on how this
>> initiative will only acknowledge"human rights content [that] is limited to
>> internationally recognized human rights..." (page 8) strikes me as a bit
>> too restrictive in that international recognition of the full range of
>> human rights instruments that have been put in place since the UDHR varies
>> across these treaties and covenants.
>> This prominent place given to limitations and restrictions on which human
>> rights instruments will be taken on board, even if for strategic purposes,
>> This could in the future put this whole initiative on to the back foot as
>> these "later" human rights instruments become relevant to ICANN's work.
>> I am not a legal expert nor scholar of international human rights law but
>> could this second limitation on page 8 perhaps be rephrased to accommodate
>> just these nuances and in way that does not scare the horses (so to speak)
>> but also does not shut the door for future developments. Not sure how to
>> rephrase this but something like "human rights content refers specifically
>> to recognized international human rights law and norms....."
>> 2) The latter point affects what follows in the document and how
>> different stakeholders will respond: So If I could just make one longer
>> comment on the current text in light of comments related to the IRPC
>> Charter. And, as some of you know, what comes next is from the point of
>> view of the work of the IRP Coalition and its Charter of Human Rights and
>> Principles of the Internet. This is mentioned, and referenced on page 12;
>> It was suggested that the IRPC Charter does not have the requisite status
>> because some of its Clauses "fall below international standards". The legal
>> point - and ensuing debates - raised here notwithstanding (which Gabrielle
>> provided for the IRPC Charter review at the 2014 IGF so they are well
>> taken), I would like to note that seeing the IRPC Charter given its due
>> place in the final draft confirms that these reservations need not preclude
>> mention of the IRPC Charter in the context of this new opening for ICANN.
>> This is because whatever the verdict on its content at present may be
>> (Version 1.1) in the ICANN work the IRPC Charter is being rightly
>> attributed its role as a foundational framework for thinking about human
>> rights (broadly defined) within the more technically focused IG spaces -
>> within and beyond ICANN. This is because it is arguably the first document
>> that takes international law seriously as well as those more ethical though
>> less legally rigorous positions advocated in civil society spaces i.e. the
>> IRPC Charter links human rights (in toto) obligations for states to those
>> articulated for corporations through CSR undertaking. For this reason alone
>> it deserves this mention.
>> What do I mean here? The critical points about some parts of the IRPC
>> Charter referring to emerging rather than existing rights reach back to the
>> earliest days of the IRPC Charter drafting process back in 2009; a period
>> of starting out that saw discussions not unlike the ones we have had on
>> this thread for the ICANN application of human rights in its work 5-6
>> years, and several UN resolutions etc, later. But even with these
>> imperfections the IRPC Charter, in its own terms a "living document"
>> (taking its cue from the UDHR) is a formative part of the ethical and legal
>> landscape in which this ICANN-based initiative has emerged.
>> So good to see that the IRPC Charter reference is still there though
>> could I suggest the following revision of this paragraph on page 12 for
>> accuracy:
>> "Within the framework of the Internet Governance Forum, the Internet
>> Rights & Principles Coalition was created in 2009 with the mission
>> “to make rights on the Internet and their related duties, specified
>> from the point of view of individual users, a central theme of the internet
>> governance debate held in the IGF context".  In 2010-11 the Internet Rights
>> & Principles Coalition developed its Charter of Human Rights and Principles
>> for the Internet, distilling its 21 clauses into 10 Rights and Principles
>> for the Internet based on international human rights laws and norms.."
>> 3) A minor editing point: Page 12, note 29 is incomplete so a minor edit
>> could be "The IRPC Charter is available, in booklet form, in 8 languages,
>> at http://internetrightsandprinciples.org/site/"
>> 4) And on fiddly things like spelling and typos: Other edits too are
>> needed to have consistent spelling (US or UK Spelling) and there are still
>> some typos still need correcting.
>> 5) On Stephanie's points about human rights scaring people; too true. So
>> all the more reason for this initiative in ICANN to take courage; they
>> scare not only the very states that are supposed to uphold them and in so
>> doing protect their citizens, by law and in principle, but also powerful
>> corporations, and ICANN is one, who too often fudge fundamental freedoms
>> under CSR waffle or step back from "respecting" human rights in deed as
>> well as words by appealing to the limits set on them by various sorts of
>> national jurisdictions.. :)
>> Will try and make the upcoming call tomorrow. Thanks Niels for all this
>> great text-shepherding work.
>> best wishes
>> Marianne F
>> On 27/05/2015 16:32, Niels ten Oever wrote:
>> Hi all,
>> For your information, please find the comments from Gabrielle attached.
>> Would be great to see the comments from Stephanie as well.
>> If we want to make this a product of the CCWP, it would be great to have
>> a bit more people.
>> Also happy to discuss this at our call on Friday.
>> Best,
>> Niels
>> _______________________________________________
>> cc-humanrights mailing listcc-humanrights at icann.orghttps://mm.icann.org/mailman/listinfo/cc-humanrights
>> --
>> Marianne Franklin, PhD
>> Professor of Global Media and Politics
>> Convener: Global Media & Transnational Communications Program
>> Goldsmiths (University of London)
>> Department of Media & Communications
>> New Cross, London SE14 6NW
>> Tel: +44 20 7919 7072<m.i.franklin at gold.ac.uk> <m.i.franklin at gold.ac.uk>
>> @GloCommhttps://twitter.com/GloCommhttp://www.gold.ac.uk/media-communications/staff/franklin/https://www.gold.ac.uk/pg/ma-global-media-transnational-communications/
>> Chair of the Global Internet Governance Academic Network (GigaNet)
>> Steering Committee/Former Co-Chair Internet Rights & Principles Coalition (UN IGF)www.internetrightsandprinciples.org
>> @netrights
>> _______________________________________________
>> cc-humanrights mailing list
>> cc-humanrights at icann.org
>> https://mm.icann.org/mailman/listinfo/cc-humanrights
> --
> Dr. Monika Zalnieriute
> Centre for Internet & Human Rights
> European University Viadrina
> Mittelweg 50, 12053 Berlin, Germany
> e-mail: monika.zalnieriute at eui.eu
> https://cihr.eu
> _______________________________________________
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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

DiploFoundation associate - www.diplomacy.edu
PoliTICs Magazine Advisory Committee - http://www.politics.org.br/
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