[cc-humanrights] More comments.
Stephanie Perrin
stephanie.perrin at mail.utoronto.ca
Fri May 29 14:36:56 UTC 2015
My apologies for missing the call, I had an unexpected event here.
I would be happy to help with final edits, as I expect there were more
revisions suggested on the call. I am ccing Kathy as I am not sure
whether you have added her to the list as yet.
Kind regards, Stephanie P
On 2015-05-29 8:46, zalnieriute . wrote:
> 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 <mailto: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
>>
>>
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>
> --
> 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 <tel:%2B44%2020%207919%207072>
> <m.i.franklin at gold.ac.uk> <mailto:m.i.franklin at gold.ac.uk>
> @GloComm
> https://twitter.com/GloComm
> http://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 <http://www.internetrightsandprinciples.org>
> @netrights
>
>
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>
>
>
>
> --
> Dr. Monika Zalnieriute
> Centre for Internet & Human Rights
> European University Viadrina
> Mittelweg 50, 12053 Berlin, Germany
> e-mail: monika.zalnieriute at eui.eu <mailto:monika.zalnieriute at eui.eu>
> https://cihr.eu <https://cihr.eu/>
>
>
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