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

Wed Sep 2 11:57:55 UTC 2015

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Hi Nigel,

On 09/02/2015 09:38 AM, Nigel Roberts wrote:
> 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 think 'internationally recognized' here means human rights are an
inherent part of international law.

I can live with a reference 'human rights' without mentioning
'internationally recognized' or 'fundamental' because I don't think
the latter two add something significant to the first.

> 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?
> 

The concerns of Paul Twomey were about risk of ICANN being liable
because of this commitment, right? Or did I miss something? I think
that issue was discussed on the list and the conclusion was that this
is not an expansion of existing commitments as defined in Art. 4 of
ICANNs Articles of Incorporation.

> 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.
> 

+1

Best,

Niels

> 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_nAif
uNZGwaFfnlQ/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_nAif
uNZGwaFfnlQ/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.”
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> Google Docs: Create and edit documents online.    Logo for Google
>> Docs <https://drive.google.com>
>> 
>> 
>> 
>> _______________________________________________ Wp4 mailing list 
>> Wp4 at icann.org https://mm.icann.org/mailman/listinfo/wp4
>> 
> _______________________________________________ Wp4 mailing list 
> Wp4 at icann.org https://mm.icann.org/mailman/listinfo/wp4

- -- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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