[cc-humanrights] ICANN visualization 2nd draft

Niels ten Oever niels at article19.org
Thu May 26 14:40:52 UTC 2016

Hi all,

Thank you very much for your great comments. This is going to be quite a
long email, so brace yourself ;)

This is indeed too broad. This should be:
'Scoping the relation between ICANN and Human Rights'

2. Glossary
Let's try the glossary at the bottom and HR principles on top.

We should have a disclaimer text on top or at the bottom indicating that
'this is a preliminary scoping, pending a full Human Rights Impact

I would not drag in the European Court of Human Rights, I am afraid this
will make matter only more complicated. But let me know what you all think.

I am hesitant to use the work 'ecosystem', because it goes back to the
thinking of Buckminster Fuller which implies that the system is
'natural' and therefore 'evident' and 'inescapable'. Therefore I am a
bit hesistant of using these terms. (This all gets much better discussed
in the beautiful BBC documentary by Adam Curtis: 'all watched over by
machines of loving grace')

I have made an initial idea for the rights dendogram (and principles),
let me know what you think, or Giulia could have a first go at it:

**On top**
Human Rights principles:
* Inherent - human rights derive from the humanity of each person.
* Universal -  all human beings have the same human rights.
* Inalienable - human rights cannot be given up.
* Indivisible -  there are no conflicts between rights and no priorities
among rights.  There will be situations or occasions where rights must
be balanced and prudent decisions taken about how all rights can best be
protected and promoted
* Interdependent and Interrelated -  the enjoyment and fulfilment of any
right depends on the enjoyment and fulfilment of other rights.
* Equality and Non-discrimination: All individuals are equal as human
beings and by virtue of the inherent dignity of each human person
* Participation and Inclusion: All people have the right to participate
in and access information relating to the decision-making processes that
affect their lives and well-being.
* Accountability and Rule of Law: States and other duty-bearers are
answerable for the observance of human rights. In this regard, they have
to comply with the legal norms and standards enshrined in international
human rights instruments.

**Dendogram 2**
First Generation:
- Universal Declaration of Human Rights

Second Generation:
- International Covenant on Civil and Political Rights (ICCPR) 1966
- International Covenant on Economic, Social and Cultural Rights
(ICESCR) 1966
- International Convention on the Elimination of All Forms of Racial
Discrimination (ICERD) 1965
- Convention on the Elimination of All Forms of Discrimination Against
Women (CEDAW) 1979
- Convention on the Rights of Persons with Disabilities (CRPD) 2006

UN Guiding Principles on Business and Human Rights (2011)
UN Global Compact (2000)

7. There should be no space between WHO and IS (so WHOIS)

8. After DNSSEC we should perhaps also add: Implementation of DANE

9. Gender / Race / Diversity issues probably could be renamed as:
Participation, Inclusion, Equality and Non-Discrimination

and we can add to the final column:
 - participation by people with a disability in ICANN process (including
 - anti-harassment policy

10. I think all DIDP, DCND and IDNs should not be named as accronyms,
but rather fully written down.

11. Addition to the glossary:
 DNSSEC =  Domain Name System Security Extensions
 IGO = Intergovernmental Organization
 INGO = International Non-Governmental Organziation
 RPM = Rights Protection Mechanism (as related to Intellectual Property

I think IP adress can be remove

12. Inline repsonses to Avri's great e-mail (thanks!):

On 05/22/2016 04:01 PM, avri doria wrote:
> Hi,
> I like the mindmap way of looking at this.  Also allows for each of the
> end nodes to go into more detail without needing to show that detail all
> the time.  Is the mindmap file available and is further work planned on
> it?  Is it in one of those environments that allows for cooperative
> online work?  

Unfortunately not, it is made by a designer, but it would be great if a
volunteer wants to reproduce this as (online) mindmap.

> Or is this only an Article 19 proposal as the file name
> indicates.

Nope, this work was initially started by Marilia, then first images were
produced by APC, finally I took over the baton because others were
focused on other work. Once this is approved by the CCWP it is, as
everything here, a product of the CCWP HR.
> Some points on the content of the chart.
> - On new gTLD you may want to add something about gTLD and developing
> economies under economic, social (and what happened to cultural) rights.
> I.e. new gTLD program comes under this category as well.

Indeed, we should add cultural so it reads:
'Economic, social and cultural rights', but gTLDs are mentioned under
freedom of association, right? It also say 'community based TLDs'. You
think we should elaborate.

> - under FoA and new gTLDs, you may want to consider two branches, one
> dealing with the existing program, in which case the AGB of 2012, as an
> implementation of the policy of 2007, is an issue.  For new gTLD, the
> AGB, as an implementation is not the starting point, but the
> reevaluation of the GNSO Policy of 2007 and its implementation will be
> the issue. This is similar to what was done for FoE.

I am having a hard time understanding how the Applicant Guidebook (AGB)
implementation and revisioning is done. Could someone with more
understanding of this suggest a vizualization (wording of branches)?

> - under FoA, is the structure of ICANN internal working structure for
> the community at all an additional consideration?

Sure, how shall we word it?

> - under gender and diversity, is the ombudsman the only consideration?
> What about the new policies such as the one that is being proposed in
> https://www.icann.org/public-comments/expected-standards-revisions-2016-05-16-en

Adressed above and added a few.

So I hope this helps, with this I'll ask Giulia to make a new version,
but keep your comments and text suggestions coming!



> avri
> On 21-May-16 06:07, Niels ten Oever wrote:
>> Dear colleagues,
>> Attached a second draft visualization made by the designer, as always,
>> looking forward to your comments!
>> What text is missing? What more would you like to be in here?
>> I was thinking (maybe too much, maybe not), we could maybe also do a
>> dendogram based on rights. With the UDHR at the bottom, the ICCPR and
>> the ICESCR coming from that and then all the smaller treaties following
>> that, and finally of course the Ruggie Principles and the Global
>> compact. This might build on the work done by Tatiana and Aarti on
>> relevant frameworks? It defintely needs some research and lawyer touch :)
>> Curious to hear what you all think!
>> Best,
>> Niels
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