[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
>     _______________________________________________
>     cc-humanrights mailing list
>     cc-humanrights at icann.org <mailto: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 <mailto:monika.zalnieriute at eui.eu>
> https://cihr.eu <https://cihr.eu/>
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