[Wp4] Discrete issue: Which bylaws formulation

Matthew Shears mshears at cdt.org
Tue Oct 13 07:00:30 UTC 2015


+ 1

On 13/10/2015 07:48, Nigel Roberts wrote:
> I object to the inclusion of "will be committed to" as it waters down 
> human rigths.
>
> "will respect" please.
>
>
> On 12/10/15 23:10, Matthew Shears wrote:
>> So if one were to draw an "option" for the CCWG to consider from the WP
>> poll (Q1 where there was greatest Delta between yes and no) it would be
>> a reference to human rights in the bylaws without any reference to a
>> particular document.
>>
>> That seems to correlate largely with option 2 in the proposal which also
>> had the greatest support:
>>
>> /Within its mission and in it operations, ICANN will be committed to
>> respect internationally recognized fundamental human rights./
>>
>>
>> If so does that suggest that one could consider the WP poll an indicator
>> of additional support for that option?  (Although the words
>> "internationally" and "fundamental" still cause me indigestion.)
>>
>> Matthew
>>
>> On 12/10/2015 22:52, Avri Doria wrote:
>>>
>>> On 12-Oct-15 17:41, Matthew Shears wrote:
>>>> I have to ask - how much actual support did the last two options 
>>>> get?hi,
>>> According to the results listed by Leon:
>>>
>>>> Q1 Yes  -  5
>>>>       No   -  18
>>>> Q2 Yes  -  11
>>>>       No   -  12
>>>> Q3 None or NA  -  13
>>>>       Not Sure  -  3
>>>
>>> specific recommendations
>>>
>>> 2 for just Ruggie
>>> 2  for UDHR + Ruggie
>>> 6 for UDHR, ICCPR, ICESCR
>>>
>>>>    International bill of human rights , Regional and Domestic
>>>> commitments to same.
>>>> ·        my read is if one answers 1 and 2 with No then 3 is
>>>> irrelevant.   I note that some others have, however, put in the UN
>>>> Guiding Principles on Business and Human Rights for 3 even though they
>>>> have said no to 1 and 2.
>>>>
>>>>     that is be guided by the Guiding Principles on business and human
>>>> rights
>>>> ·        The UDHR is the only instrument that is of sufficient
>>>> universality.
>>>> ·        The UDHR is the only instrument that is of sufficient
>>>> universality.
>>>> ·        UDHR & UN Guiding Principles on Business and Human Rights
>>>> ·        UDHR & UN Guiding Principles on Business and Human Rights
>>>> ·        UDHR, ICCPR, ICESCR
>>>> ·        UDHR, ICCPR, ICESCR
>>>> ·        UDHR, ICCPR, ICESCR
>>>> ·        UDHR, ICCPR, ICESCR
>>>> ·        UDHR, ICCPR, ICESCR
>>>> ·        UN Guiding Principles on Business and Human Rights
>>>>
>>>
>>>
>>>> And what about highlighting the results for the 2 options in the
>>>> proposal itself?
>>>>
>>>> Matthew
>>>>
>>>> On 12/10/2015 20:30, Seun Ojedeji wrote:
>>>>> Hello,
>>>>>
>>>>> Based on the outcome of the poll, I wonder why option 2 through to 4
>>>>> will be applicable anymore. I quote below just incase:
>>>>>
>>>>> "....In brief, the WP has expressed in a vast majority that No
>>>>> reference to a specific document should be included in the suggested
>>>>> bylaw text."
>>>>>
>>>>> Regards
>>>>>
>>>>> Sent from my Asus Zenfone2
>>>>> Kindly excuse brevity and typos.
>>>>>
>>>>> On 12 Oct 2015 20:24, "Nigel Roberts" <nigel at channelisles.net
>>>>> <mailto:nigel at channelisles.net>> wrote:
>>>>>
>>>>>
>>>>>      I like this approach.
>>>>>
>>>>>      The wording can be made more concise and less ambgiuous as
>>>>> follows.
>>>>>
>>>>>      Here are the four alternatices.
>>>>>
>>>>>
>>>>>      1.       Within its mission and in its operations, ICANN will
>>>>>      respect internationally recognized human rights.
>>>>>
>>>>>      2.      Within its mission and in its operations, ICANN will
>>>>>      respect the internationally recognized human rights set out in
>>>>>      the Universal Declaration of Human Rights.
>>>>>
>>>>>      3.      Within its mission and in its operations, ICANN will
>>>>>      respect the internationally recognized human rights set out in
>>>>>      the Universal Declaration of Human Rights, the International
>>>>>      Covenant on Cultural and Political Rights and the International
>>>>>      Covenant on Economic, Social and Cultural Rights.
>>>>>
>>>>>      4.       Within its mission and in its operations, ICANN will
>>>>>      respect the internationally recognized human rights set out in
>>>>>      the Universal Declaration of Human Rights, the International
>>>>>      Covenant on Cultural and Political Rights and the International
>>>>>      Covenant on Economic, Social and Cultural Rights and will carry
>>>>>      out its work guided by the UN Guiding Principles on Business and
>>>>>      Human Rights.
>>>>>      _______________________________________________
>>>>>      Wp4 mailing list
>>>>>      Wp4 at icann.org <mailto:Wp4 at icann.org>
>>>>>      https://mm.icann.org/mailman/listinfo/wp4
>>>>>
>>>>>
>>>>>
>>>>> _______________________________________________
>>>>> Wp4 mailing list
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>>>> -- 
>>>>
>>>> Matthew Shears
>>>> Director - Global Internet Policy and Human Rights
>>>> Center for Democracy & Technology
>>>> mshears at cdt.org
>>>> + 44 771 247 2987
>>>>
>>>>
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-- 

Matthew Shears
Director - Global Internet Policy and Human Rights
Center for Democracy & Technology
mshears at cdt.org
+ 44 771 247 2987


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