[cc-humanrights] Update and way forward

Niels ten Oever niels at article19.org
Mon Nov 27 11:06:26 UTC 2017

Dear all,

Please find below an overview of the minutes of the session of the CCWP
HR session in Abu Dhabi, as well as notes on the way forward.

On the request for volunteers for people who want to take up the
chairing this working party I heard back from Michael Karanicolas and
Collin Curre. They have graciously offered to co-chair together.

So I suggest we welcome Michael and Collin as the new co-chairs of the



The Cross-Community Working Party on ICANN’s Corporate and Social
Responsibility to Respect Human Rights (CCWP-HR) held a face-to-face
meeting on October 29, 2017 as part of ICANN60 in Abu Dhabi, UAE.


Video: https://participate.icann.org/p5c4fx4djty/

- Updates from the ICANN Community
	- Transparency (Michael Karanicolas)
	- Human Rights (Niels ten Oever)
	- Diversity (Fiona Asonga)
	- Internal Review Process (David McAuley)
	- ICANN Human Rights Impact Assessment (Ergus Romi)
- Possibilities for implementing the human rights bylaw in the GNSO
	- Presentation of draft model
	- Open discussion
- Next steps for CCWP

	As the CCWG-Accountability Work Stream 2 enters its final stages, we
had the pleasure of receiving updates on the work of the Transparency,
Human Rights, and Diversity subgroups, as well as an overview of ICANN’s
IRP processes and information about the Human Rights Impact Assessment
set to be carried out on the ICANN organization. These can be summarized
as follows:

    Transparency: As a result of this subgroup’s work, there have been
dramatic advancements in terms of access to information for ICANN’s
Documentary Information Disclosure Policy (DIDP), though there is still
room for improvement in terms of contracting and procurement processes,
ICANN legal, and open data policies on a more granular level.
    Human Rights: This subgroup has been working to develop the
Framework of Interpretation that will enact ICANN’s Human Rights Core
Value Bylaw. 12 public comments were received on the initial drafts, and
the group was able to form a consensus document that accounts for the
comments made, notably adding a mention of the UN Guiding Principles as
a useful guide when applying Human Rights Core Value.
    Diversity: Seven elements of diversity have been identified, which
will serve as a starting point for groups moving forward and facilitate
the measuring of diversity over time. The Diversity subgroup’s report is
open for public comments until December 15, and can be found here.
    IRP: The Internal Review Process is a formal arbitration process and
the top accountability level within the community before you go outside
seeking relief somewhere else. While the IRP wasn’t originally binding,
review in WS1 determined that the processes needed more teeth. As a
result, ICANN will now be given declarations about whether or not
actions have violated articles or bylaws, which will be binding on the
board as judgements that could potentially be taken to court. A key
development has been the development of a Standing Panel, 7 (or more)
jurists who will be trained about the DNS by ICANN but act independently
from the organization and set precedential decisions.The IRP Oversight
Team assists with the vetting and selection of candidates before they
are nominated by SOs and ACs and approved by the Board.
    ICANN HRIAs: A final decision will be made in coming weeks about
which entity will undertake the Human Rights Impact Assessment on the
ICANN organization. This will ideally be completed by the end of FY18
(June 2018), which means the publication could coincide nicely with the
wrap-up of Work Stream 2.

Next, Vidushi Marda made a presentation about implementing the human
rights bylaw in the GNSO through the incorporation of human right impact
assessments (HRIAs) into policy development processes (find draft here).
Building on previous work of the CCWP-HR, this three-phase proposal
would feed into existing ICANN processes rather than create a new one.
	Comments from the audience sought to clarify how the HRIA would fit
into the GNSO’s PDP, which standards would be used for its application,
and how much additional work would be required. It was determined that
HRIAs should be grounded in the Human Rights Bylaw, the FoI and the
Considerations Document, though it would be useful to further explore
the values and expected level of responsibility that inform these
standards. Additional comments encouraged a centralized approach to
operationalizing the human rights bylaw in SOs and ACs, and looking more
broadly at the incorporation of human rights considerations in other
examples of private global governance, particularly fair trade and
environmental management.
	In terms of next steps for the CCWP-HR, a name simplification was
proposed without objection, and the call for applications to chair or
co-chair the Working Party was reiterated as this was the current
chair’s last ICANN meeting for the foreseeable future.

Way Forward:

-    HRIAs in SOs and ACs should be grounded in the Human Rights Bylaw,
Framework of Interpretation, and Considerations Document.
-    Seek to facilitate a centralized approach to operationalizing the
Human Rights Bylaw (rather than allow each SO and AC to develop their
own approach), in order to foster knowledge-sharing, avoid duplication
of labor, and have a more consistent methodology for the implementation
of the Bylaw and standards for its operationalization
-    Simplify the name of this Working Party to the 'Cross-Community
Working Party on ICANN and Human Rights', rather than the
'Cross-community Working Party on ICANN's Corporate and Social
Responsibility to Respect Human Rights'.

Niels ten Oever
Head of Digital

Article 19

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