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

Fri Feb 12 01:34:53 UTC 2016

Good work Niels. I agree with the new approach of the 2 statements.

>From the legal draftsman's point of view I was concerned about the first
statement which did raise a few questions. Michelle's critical analysis of
the initial statement was correct as it could lead to ambiguity as to who,
what , how etc. However I do appreciate the good intentions. It just needs
to be unambiguous,

The statement should be clear for all to understand, If it creates more
questions ( than its answers) then we would have missed the mark.

Hence I agree with the dual statements which allows the Board to tweak the
language within the ambit of the By-laws.

regards

Karel DOUGLAS

On Thu, Feb 11, 2016 at 1:13 PM, Tatiana Tropina <tatiana.tropina at gmail.com>
wrote:

> I am OK with this.
>
> Cheers
> Tanya
> On 11 Feb 2016 17:58, "Niels ten Oever" <niels at article19.org> wrote:
>
>> -----BEGIN PGP SIGNED MESSAGE-----
>> Hash: SHA256
>>
>> 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
>>
>> PGP fingerprint    8D9F C567 BEE4 A431 56C4
>>                    678B 08B5 A0F2 636D 68E9
>>
>> 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.
>> >> _______________________________________________ cc-humanrights3
>> >> mailing list cc-humanrights3 at icann.org
>> >> <mailto:cc-humanrights3 at icann.org>
>> >> https://mm.icann.org/mailman/listinfo/cc-humanrights3
>> >>
>> >>
>> >>
>> >>
>> >> _______________________________________________ cc-humanrights3
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>> >> <mailto:cc-humanrights3 at icann.org>
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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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>> >
>> >
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>
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