[cc-humanrights] Update and way forward

Vidushi Marda vidushi at cis-india.org
Tue Nov 28 02:25:32 UTC 2017

Hi all,

Congratulations to our new co-chairs Collin and Michael, this is
exciting news and I look forward to working with you both!

In terms of next steps, I believe we have our work cut out for us, and
excited to see what direction we will take! Specifically, I think it
would be interesting to see how to more effectively integrate the
proposed HRIA model, and perhaps work with SO/AC to make a more
effective version that would introduce some consistency.

Look forward to your thoughts and working together!


On 27/11/17 16:36, Niels ten Oever wrote:
> 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
> Best,
> Niels
> 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.
> Transcript:
> https://schd.ws/hosted_files/icann60abudhabi2017/32/Transcript%20Human%20Rights%20Abu%20Dhabi%2029%20Oct.pdf
> Video: https://participate.icann.org/p5c4fx4djty/
> Agenda:
> - 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
> Minutes:
> 	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'.
> _______________________________________________
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> cc-humanrights at icann.org
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