[Ws2-hr] CCWG WS2 HR SG report

[Niels ten Oever]

Dear co-chairs,

Please find underneath the report for the Human Rights Subteam. Please
let me know if you have any questions or suggestions.

Best,

Niels


1. Executive Summary
The CCWG WS2 Human Rights Subgroup has documented the historical context
of the discussions on ICANNs human rights bylaw, which together with the
CCWG report [0] (especially Annex 6 [1] and 12 [2]) form the scope of
the groups discussion, with a Framework of Interpretation of the Human
Rights Bylaw as intended output. The subgroup is currently preparing a
Framework of Interpretation which in due time will be presented to the
CCWG plenary for discussion.

2. Description of the Issue
2.1 Current State of Play
The CCWG WS2 Human Rights Subgroup started with producing an overview of
the discussions and agreements as they were made during CCWG Work Stream
1 [3]. Subsequently the Subgroup has analyzed the UN Guiding Principles
on Business and Human Rights (UNGPs), and their relevance and
applicability for ICANN. While there was consensus that some principles
were relevant for the development for a Framework of Interpretation
(such as 13a and 15a), it was also recognized that the UNGPs have not
been designed with an organization like ICANN in mind. Therefore a
drafting team is currently iteratively designing a draft Framework of
Interpretation which is being discussed in the subgroups weekly calls.
Main focus points of discussions up to now have been the definition and
understanding of 'applicable law' as well as the definition and
understanding of the concept of 'respecting human rights'.

Areas of concrete progress have been the joint development of a
structure for the Framework of Interpretation, as well as its limited
scope. The Framework of Interpretation should not be confused with a
Framework of Implementation. The Framework of Interpretation should be
limited to explaining the concepts in the bylaw and guide its
interpretation.

Although no consensus has yet emerged on any of the key topics, and none
were expected quickly given the nature and complexity of the issues
being considered, it is expected, that at this rate, the subgroup will
be able to achieve the set milestones.


2.2 Supplemental Report
See [3]

3 Recommendation
3.1 Requirements for Recommendation
We haven't reached consensus on a recommendation yet.

3.2 Rationale for Recommendation
We haven't reached consensus on a recommendation yet.


[0] CCWG report
https://community.icann.org/download/attachments/58723827/Main%20Report%20-%20FINAL-Revised.pdf?version=2&modificationDate=1456275281000&api=v2
[1] Annex 6
https://community.icann.org/download/attachments/58723827/Annex%2006%20-%20FINAL-Revised.pdf?version=1&modificationDate=1456255586000&api=v2
[2] Annex 12
https://community.icann.org/download/attachments/58723827/Annex%2012%20-%20FINAL-Revised.pdf?version=1&modificationDate=1456255865000&api=v2
[3]
https://docs.google.com/document/d/1rwpw9aSAqboRO2_rNkjMVJPOmYwmdr5B1_M_aNMoZb4/edit?usp=sharing


-- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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