[Wp4] New report on ICANN and Human Rights

[Dr Eberhard W Lisse]

Paul,

I doubt that you will be helpful, since you still use the previous
terminology, which indicates you are not familiar with current
interpretation of policy...

And, though ICANN apparently was an enabler of your successor,
"recognizing" and/or "empowering" third parties is not the issue.

Even if it should be.

el

On 2015-10-28 22:39 , Paul Twomey wrote:
> HI Niels
> 
> Thanks for your reply.
> 
> I think the best I can do is ask for some time on Friday to
> explain the practical steps involved in changes of tld operator
> (especially a cctld operator) both through requests for
> redelegation and also requests for changes in the zone file
> through the IANA process.  Because it is several of these where I
> see ICANN being practically engaged in recognizing end empowering
> a related party which could be guilty of human rights abuse.
> 
> As for the Ruggie Principles, let me point again to principle 13
> and its commentary (and that of principle 19):
> 
> 13.
> 
> The responsibility to respect human rights requires that business
> 
> enterprises:
> 
> (a)
> 
> Avoid causing or contributing to adverse human rights impacts
> 
> through their own activities, and address such impacts when they
> 
> occur;
> 
> (b)
> 
> Seek to prevent or mitigate adverse human rights impacts that are
> 
> *directly linked to their operations, products or services by
> their *
> 
> **
> 
> *business relationships*, even if they have not contributed to
> those
> 
> impacts.
> 
> (/Emphasis added - this is the nature of the IANA functions
> relationship with ccTLDs) // /
> 
> 
> Commentary
> 
> Business enterprises may be involved with adverse human rights
> impacts either
> 
> through their own activities or as a result of their business
> relationships with
> 
> other parties.  Guiding Principle 19 elaborates further on the
> implications for
> 
> how business enterprises should address these situations.  For the
> purpose of
> 
> these Guiding Principles a business enterprise’s
> “activities” are understood
> 
> to include both actions and omissions; and its “business
> relationships” are
> 
> understood to include relationships with business partners,
> entities in its
> 
> value chain, and any other non-State or State entity directly
> linked to its
> 
> business operations, products or services
> 
>  
> 
>  
> 
> Commentary on Principle 19
> 
>  
> 
> The more complex the situation and its implications for human
> rights, the
> 
> stronger is the case for the enterprise to draw on independent
> expert advice
> 
> in deciding how to respond.  */(ICANN is the body to make
> decisions on tlds - there is not another expert body)/*
> 
> If the business enterprise has leverage to prevent or mitigate the
> adverse
> 
> impact, it should exercise it.  And if it lacks leverage there may
> be ways for
> 
> the enterprise to increase it.  Leverage may be increased by, for
> example,
> 
> offering capacity-building or other incentives to the related
> entity, or
> 
> collaborating with other actors.  */(ICANN should not be asked to
> put political leverage on a government - it will destroy its
> apolitical role)/**//*
> 
> *//*
> 
> There are situations in which the enterprise lacks the leverage to
> prevent
> 
> or mitigate adverse impacts and is unable to increase its
> leverage.  Here,
> 
> the enterprise should consider ending the relationship, taking
> into account
> 
> credible assessments of potential adverse human rights impacts of
> doing so.  *(ICANN cannot consider ending a relationship with a
> cctld and still operate the IANA functions )***
> 
> ** * ** *It seems to me that Ruggie Principles basically are
> saying if another party in which you are in a business
> relationship continues to breach human rights you should consider
> ending the relationship.
> 
> this is just what ICANN can NOT do with a ccTLD or even some TLD
> operators if it is going to continue to be the protocol
> coordinator of a single Interoperable Internet.
> 
> But if it does not breach these relationships one can just see the
> level of litigation from human rights and dissident groups which
> could be brought against ICANN if it does adopt these principles
> without amendment.
> 
> Paul
> 
> 
> 

[...]

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