[cc-humanrights] [Cc-humanrights3] Draft board human rights commitment / statement

Niels ten Oever niels at article19.org
Thu Feb 11 16:58:07 UTC 2016


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Hi all,

I would like to propose the following message to the board. It's
addressed to Bruce because we discussed this with him on the CCWG
list. All you input on the mail or the two texts are very welcome, but
I'd like to send the email soon.

Dear Bruce,

Hereby the Cross Community Working Party on ICANN's Corporate and
Social Responsibility to Respect Human Rights would like to propose
two suggestions for the Human Rights statement that the board is
intending to make. One statement stays very close to the agreed bylaw
language, and the other takes a more forward leaning position.

We hope that these texts provide a useful input to your deliberations.
Please let us know if you have any questions or suggestions or if we
can be of any help.

1.
The ICANN board commits to respecting human rights within ICANN's core
values and mission. The Board will work together with the community to
identify where ICANN's policies and operations can impact human rights
and will seek to ensure that no human rights are adversely impacted.
Furthermore, within its mission, ICANN will seek to review its
processes for remediation to ensure that mechanisms are in place to
redress if need be.

2.
The board of ICANN commits to take concrete steps to operationalize
its core value of respecting human rights withing ICANN's mission. The
steps will include working together with the community to understand
the potential human rights impacts of its operations through a human
rights impact assessment, and engagement of the board, management,
staff and stakeholders toward a common understanding of priority human
rights issues, which would culminate in a human rights report, and
putting in place a human rights remediation policy to address adverse
human rights impacts.

Best,

Niels

Niels ten Oever
Head of Digital

Article 19
www.article19.org

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On 02/11/2016 12:42 PM, Tatiana Tropina wrote:
> Hi Matt
> 
> Thanks
> 
> You were not on the call, but this is exactly was I was trying to
> point out on the call, about the possibility to go further than the
> bylaw language. The question was why do we need the board's
> statement then if it rephrases and repeats the language itself. I
> still think that it is not a problem if the board statement is
> worded closely to the bylaw language. Since the bylaw won't be
> operational, the board's commitment to respecting human rights and
> continuing the work with the community in the WS2 have more than a
> mere symbolic meaning. The statement will show the willingness to
> commit, to continue the work and to operationalise the bylaw.
> 
> My opinion: the simpler the better.
> 
> This is why I think we have to give two options: a simple option
> and "forward looking" option.
> 
> Best regards Tanya
> 
> On 11 February 2016 at 12:36, Matthew Shears <mshears at cdt.org 
> <mailto:mshears at cdt.org>> wrote:
> 
> Wasn't on the call but Tatiana I think is pointing the right way. 
> They are two different things.  It seems to me that the commitment 
> we need from the Board and perhaps the only one they might give at 
> this stage until the FoI is undertaken is the commitment to the
> work in WS2.  It would be a little unusual for them to go further
> than that given they were already skeptical of the bylaw.  The
> second piece - ICANN's commitment to HR (not the Board's as it
> should be an organizational commitment) - would probably come as a
> result of the FoI.
> 
> 
> On 11/02/2016 11:27, Tatiana Tropina via cc-humanrights3 wrote:
>> Dear Niels, dear all, after reading this short email exchange
>> with Michele, I realised that may be we have to be clearer when
>> we send the proposed wording of the statement to the board. I
>> suggest inclusion of the explanation "what it means". 
>> Furthermore, after the call yesterday I am still not convinced 
>> that we can be sure that the board wants to go further than the 
>> language provided in the bylaw. I can suggest as an alternative 
>> solution that we send two proposed statements: (1) the one we 
>> discussed on the call and which is based on the bylaw (2) the 
>> statement on operationalisation and assessment that we drafted 
>> after the call. In this case, depending on what was the notion
>> behind making this statement, the board can either chose one of
>> them or draft a combination of two. What do you think? Cheers 
>> Tanya
>> 
>> On 10 February 2016 at 16:29, Niels ten Oever via
>> cc-humanrights3 
>> <<mailto:cc-humanrights3 at icann.org>cc-humanrights3 at icann.org 
>> <mailto:cc-humanrights3 at icann.org>> wrote:
>> 
> Hi Michele,
> 
> This statement means that the ICANN board will:
> 
> 1. operationalize it's commitment to human rights 2. contribute to
> a Human Rights Impact Assessment with the community of
> stakeholders 3. contribute to the development of a Human Rights
> Policy with the community of stakeholders 4. work on a process for
> remediation.
> 
> Does this make it more clear? If not, can you make your question a
> bit more precise?
> 
> Best,
> 
> Niels
> 
> Niels ten Oever Head of Digital
> 
> Article 19 www.article19.org <http://www.article19.org>
> 
> PGP fingerprint    8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D
> 68E9
> 
> On 02/10/2016 04:24 PM, Michele Neylon - Blacknight wrote:
>> The board of ICANN commits to take concrete steps to
>>>> operationalize its core value of respecting human rights 
>>>> within ICANN's mission. The steps will include working
> together
>>>> with the community to understand the potential human rights 
>>>> impacts of its operations through a human rights impact 
>>>> assessment, engagement of the board, management, staff and 
>>>> stakeholders toward a common understanding of priority human 
>>>> rights issues, and putting in place a human rights policy to 
>>>> address the priority issues.
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>> <mailto:cc-humanrights3 at icann.org> 
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>> 
>> 
>> 
>> 
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> 
> --
> 
> Matthew Shears | Director, Global Internet Policy & Human Rights
> Project Center for Democracy & Technology | cdt.org
> <http://cdt.org> E: mshears at cdt.org <mailto:mshears at cdt.org> | T:
> +44.771.247.2987 <tel:%2B44.771.247.2987>
> 
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