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

Wed Sep 2 15:32:45 UTC 2015

Hi Leon,

I think I made a mistake in commenting on the Google doc – it shows as anonymous and that was not at all my intent.

Here are my comments:

I believe that the best approach is to make a high-level commitment to human rights as presently articulated in the two alternatives in paragraph 151 of the CCWG’s 2nd draft proposal, and to leave further development in WorkStream Two.

The detail in this document, including the wish to ensure rights as if ICANN is a state actor and the statement of intent to develop bylaws and policy to give full effect to these rights, needs clarification (including the limitations on liability that we seemed to agree on the last teleconference).

It is important, in my personal opinion, to make sure that ICANN and parties working through or with ICANN observe human rights but not be cast in the role of being the human rights police.

David McAuley

From: wp4-bounces at icann.org [mailto:wp4-bounces at icann.org] On Behalf Of León Felipe Sánchez Ambía (via Google Docs)
Sent: Wednesday, September 02, 2015 1:18 AM
To: wp4 at icann.org
Subject: [Wp4] Draft high level wording on Human Rights - Invitation to comment

León Felipe Sánchez Ambía<mailto:leonfelipe at sanchez.mx> has invited you to comment on the following document:
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Draft high level wording on Human Rights<https://docs.google.com/document/d/15t32Y7DyzGCAR21XT9koN9y2hNK_nAifuNZGwaFfnlQ/edit?usp=sharing_eid&invite=CPbhiZkN>
[Image removed by sender. Sender's profile photo]Dear 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>
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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.

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