[Wp4] Draft high level wording on Human Rights - Invitation to comment

[Nigel Roberts]

No, I think this is an incorrect representation. The sub-group did not 
recommend that. Some members of the sub-group recommended this. I was 
not on the last call and I have a problem with "internationally 
recognised" simply because there's no such thing, and I suspect this is 
well known.

Syria, ISIL, Egypt, North Korea don't recognise anyone's human rights. 
(All taken from BBC news stories in the last 2 days!).

I know Paul Twomey has got a particular bias against the UN, which he 
expressed on the list, but are we, as ICANN, going to formally reject 
the UN Declaration on Human Rights here?

And reject the recent work that shows how non-state-actors should 
incorporate fundamental rights principles?

There is a very big difference between the UN as an organisation which 
can be bureaucratic, politicised and inefficient (just think ITU) and 
the fundamental princtiples of the Declaration which have been put 
together by the brightest brains of the 20th Century from major nations 
following the worst conflict in human history.

I think it would be hubris to think we (ICANN) could design a better.

I don't think that debate is over.



Nigel

PS: As you know, 'due to having to work for a living' I missed the last 
call -- on a similar WG within my own constituency we had a guideline 
that no contentious changes were made without consensus, and that meant 
two calls minumum.


On 09/02/2015 06:18 AM, León Felipe Sánchez Ambía (via Google Docs) wrote:
> León Felipe Sánchez Ambía <mailto:leonfelipe at sanchez.mx> has invited you
> to *comment on* the following document:
> Draft high level wording on Human Rights
> <https://docs.google.com/document/d/15t32Y7DyzGCAR21XT9koN9y2hNK_nAifuNZGwaFfnlQ/edit?usp=sharing_eid&invite=CPbhiZkN>
> Sender's profile photoDear all,
>
> As per our last call, here is the link to the google doc that tries to
> reflect our discussion and propose an amended version of the initial
> draft on the high-level wording on human rights.
> Open in Docs
> <https://docs.google.com/document/d/15t32Y7DyzGCAR21XT9koN9y2hNK_nAifuNZGwaFfnlQ/edit?usp=sharing_eid&invite=CPbhiZkN>
> This email grants access to this item. Only forward it to people you trust.
> Snapshot of the item below:
>
> CCWG proposed language on Human Rights
>
> The CCWG has identified the need to include in its final proposal a
>   high-level statement on ICANN’s commitment to respect fundamental
> rights in all its actions. Therefore a special sub-group was created to
> discuss and propose a draft wording to be included in the CCWG’s
> proposal and an explanatory note on how this proposed wording was
> reached and forward to the larger group for discussion and call for
> consensus.
>
> With the help of Nigel Roberts, a first explanatory paper was
> circulated. This paper explained the nuances and differences between
> human rights and fundamental rights and also highlighted a comprehensive
> list of documentation that could help as guidance for the sub-group’s
> discussion.
>
> Also, a first high-level wording was drafted by Nigel Roberts and
> discussed in the sub-group’s calls. The original draft for the
> high-level objective  read:
>
> “RECOGNISING ICANN's special role in the functioning of the world-wide
> Internet;
>
> FURTHER RECOGNISING ICANN's unique nature as a multi-stakeholder,
> private-sector led organisations;
>
> HAVING IN MIND THE COMMITMENT of the corporation set out in Article 4 in
> ICANN's Articles of Incorporation to carrying out its activities in
> conformity with relevant principles of international law and applicable
> international conventions and local law;
>
> ASSERTING that it wishes to ensure the same level, when acting within
> its distinct mission, of rights for Internet users and businesses that
> would be expected of it were it a state actor;
>
> HEREBY AFFIRMS its support without reservation for the United Nations
> Guiding Principles on Business and Human Rights, and intends to develop
> by-laws and policy to give it full effect within the work and defined
> mission of the Corporation.”
>
> In its first call the sub-group discussed this high-level draft and
> participants showed an overall support for the underlying principle but
> suggested some changes to this first draft.
>
> Comments were made on the implication of restricting the proposed
> wording to refer to the United Nations Guiding Principles on Business
> and Human Rights rather than having a more general reference to
> internationally recognized Human Rights and keep the specifics to be
> fleshed out as part of WS2.
>
> There were also comments on the implications that could have adding the
> words “without reservation” to the proposed wording and the actual need
> to express this explicitly as it doesn’t seem that ICANN could actually
> reserve any right to not fully respect Human Rights once it is committed
> to it and furthermore when reference documents have been detailed later
> in WS2.
>
> Having this in mind the sub-group proposed that the original wording be
> modified as follows (changes highlighted in bold):
>
> “RECOGNISING ICANN's special role in the functioning of the world-wide
> Internet;
>
> FURTHER RECOGNISING ICANN's unique nature as a multi-stakeholder,
> private-sector led organisations;
>
> HAVING IN MIND THE COMMITMENT of the corporation set out in Article 4 in
> ICANN's Articles of Incorporation to carrying out its activities in
> conformity with relevant principles of international law and applicable
> international conventions and local law;
>
> ASSERTING that it wishes to ensure the same level, when acting within
> its distinct mission, of rights for Internet users and businesses that
> would be expected of it were it a state actor;
>
> HEREBY AFFIRMS its support to internationally recognized Human Rights,
> and intends to develop by-laws and policy to give it full effect within
> the work and defined mission of the Corporation.”
>
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> Google Docs: Create and edit documents online.	Logo for Google Docs
> <https://drive.google.com>
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