[Wp4] WP4 Deliverable: Elaborating an ICANN Commitment to Human RIghts
Nigel Roberts
nigel at channelisles.net
Thu Nov 5 13:57:18 UTC 2015
The description for the role of private entities is "not at all, unless
committed to by the private entity". So there's a major
misunderstanding, as there is in the role played by ICANN as regards ccTLDs.
Here's a better formulation (from a US private corporation, no less)
"ExxonMobil actively promotes respect for human rights and is committed
to complying with all applicable laws and regulations. "
On 05/11/15 13:44, Greg Shatan wrote:
> Nigel,
>
> Can you explain your issue? I can't discern it from your statement.
>
> If it's with the "protect or enforce" language, it's my understanding
> that those roles are played by governments, while the descriptor for the
> role of private entities is "respect." I think our document makes that
> clear, but if it could be clearer, your suggestions are appreciated.
>
> Thanks!
>
> Greg
>
> On Thursday, November 5, 2015, Nigel Roberts <nigel at channelisles.net
> <mailto:nigel at channelisles.net>> wrote:
>
> I have to say that I am rather dissatisfied with this camel.
>
> I see it translates as
>
> "Within its mission and in its operations, ICANN will respect
> internationally recognized human rights. But really it won't."
>
> Thus qualifer, which will eviscerate any commitment whatsoever to
> basic standards of respect for human rights in a privatised ICANN,
> means that ICANN is not worthy of transition until a meaningful
> committment is produced.
>
>
> On 03/11/15 13:58, McAuley, David wrote:
>
> I also want to thank Tatiana, Greg, Niels, Leon, and Matthew for
> this.
>
> I had a long-planned family event and did not see this final version
> until our CCWG call(1am my time) and so I probably surprised you by
> asking for a tweak. Sorry to take you by surprise like that.
>
> Here is the paragraph I sought a tweak on:
>
> /Within its mission and in its operations, ICANN will respect
> internationally recognized human rights. This commitment does
> not in any
> way create an obligation for ICANN, or any entity having a
> relationship
> with ICANN, to protect or enforce human rights. In particular,
> this does
> not create any obligation for ICANN to respond to or consider any
> complaint, request or demand seeking the enforcement of human
> rights by
> ICANN./
>
> //
>
> My concern was that the phrase */or any entity having a relationship
> with ICANN* / in the second sentence did not appear in the third
> before
> the words “/to respond”/.
>
> Yes, that would add to the “clunkiness” of the wording but the
> concern
> (the usual suspect) is that complainants lawyers will pick that
> difference apart to the great detriment of those having a
> relationship
> with ICANN. And that is why I ask for the change – and am glad our
> outside counsel will have a go at this in the end.
>
> Again, many thanks all.
>
> David McAuley
>
> *From:*wp4-bounces at icann.org [mailto:wp4-bounces at icann.org] *On
> Behalf
> Of *León Felipe Sánchez Ambía
> *Sent:* Monday, November 02, 2015 8:51 PM
> *To:* Greg Shatan
> *Cc:* acct-staff at icann.org; wp4 at icann.org
> *Subject:* Re: [Wp4] WP4 Deliverable: Elaborating an ICANN
> Commitment to
> Human RIghts
>
> Dear Greg,
>
> Thank you, Tatiana, Niels, Matthew and David for this new
> document. I
> think it's a great document that, from my perspective, appropriately
> reflects the work done in our WP4 and suggests concrete
> solutions and
> steps forward.
>
> Will wait for others to comment but I would say it's ok to be
> delivered
> and shared with the larger CCWG.
>
> Thanks to all in the WP. You have all made an outstanding job!
>
> Kind regards ,
>
> León
>
>
> El 02/11/2015, a las 7:36 p.m., Greg Shatan <gregshatanipc at gmail.com
> <mailto:gregshatanipc at gmail.com>> escribió:
>
> All:
>
> Attached are Word and PDF versions of a proposed final
> draft of the
> deliverable of WP4, which is intended to become part of the
> next
> Report of the CCWG.
>
> Niels and Tatiana and Matt went through the document after
> our call
> and edited and resolved the proposed changes in the
> document. I
> followed with further edits and formatting work. I believe
> that all
> of us sought to be neutral /rapporteurs/ carrying out the
> sense of
> today's call and the work of our group.
>
> I felt that we needed a section which specifically set out the
> process and results of our discussions on refining the
> language of
> the Bylaw, rather than leaving this to our recommendations
> in the
> final section of the document. Therefore, I took the
> liberty of
> creating such a section, and hope that you will find that this
> section reflects our work.
>
> This document also remains available on Google Drive.
>
> I look forward to any comments.
>
> Best regards,
>
> Greg
>
> <Elaborating an ICANN Commitment to Human Rights.docx>
>
> <Elaborating an ICANN Commitment to Human Rights.pdf>
>
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