[Ws2-hr] When should ICANN uphold human rights?

Rudolph Daniel rudi.daniel at gmail.com
Mon Sep 5 22:30:51 UTC 2016


Regarding : uphold v respect

I am on the same page as Leon here. 'respect' is a vastly different thought
process to 'uphold' within the context of consensus.
I have had to correct myself of late to focus on respect, not uphold.

Is there concensus on this within the WS2 group?
RD

On Sep 5, 2016 6:12 PM, "Tijani BEN JEMAA" <tijani.benjemaa at benjemaa.com>
wrote:

> Léon,
>
> Thank you for this reminder; indeed, it was about respecting Human Rights.
>
> ------------------------------------------------------------
> -----------------
> *Tijani BEN JEMAA*
> Executive Director
> Mediterranean Federation of Internet Associations (*FMAI*)
> Phone: +216 98 330 114
>              +216 52 385 114
> ------------------------------------------------------------
> -----------------
>
>
> Le 5 sept. 2016 à 20:02, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>
> a écrit :
>
> Dear all,
>
> I am glad to see the discussion is vibrant in this subgroup.
>
> I have, however one point of clarification. I accept that my concern might
> be a consequence of my lack of knowledge in english but I feel that when we
> say “uphold” we are going a step further than the intended spirit of
> “respecting” human rights as concluded in our WS1 report.
>
> If that is in fact the case, I would encourage the subgroup to go back to
> the root of the discussion considering ICANN to respect rather than
> upholding human rights.
>
> I am happy to read comments and grateful for any corrections to any lack
> of knowledge I might be displaying.
>
>
> Best regards,
>
>
> León
>
> El 05/09/2016, a las 4:01 a.m., Arasteh <kavouss.arasteh at gmail.com>
> escribió:
>
> Dear Mrs. Badii
> Thank you very much for clarifications
> Yes unfortunately I thought you were intervening as co-chair of
> accountability group for which I regret but your reaction was unfair,
> instead you should have clarified the matter immediately and those who gas
> always been against me used this opportunity and categorised my comment
> "Silly"
> Now the matter is clear and issue  is closed
> Regards
> Arasteh
>
> Sent from my iPhone
>
> On 5 Sep 2016, at 10:53, farzaneh badii <farzaneh.badii at gmail.com> wrote:
>
> I think there is a confusion that needs to be addressed here and hopefully
> it won't need clarification anymore.
>
> The SO/AC accountability sub-group is being mentioned here because Kavouss
> is confusing this group with SO/AC accountability subgroup. This confusion
> comes from the fact that I am one of the co-rapporteurs for that
> sub-group.  That is a separate sub-group which focusses on SO/AC
> accountability.
>
> I am merely a participant in human rights sub-group. Which is this group!
> I sent the questions to this group because during the last week session I
> volunteered to send questions.
>
>
> Best
>
>
> Farzaneh
>
> On 5 Sep 2016 8:31 a.m., "Arasteh" <kavouss.arasteh at gmail.com> wrote:
>
>> Dear Mr. Niels  ten Oever
>> Thank you very much for yr reactions
>> I hope you have kindly recognized that:
>> A) this issue can only be discussed at SubGroup established for FOI for
>> Human Rights AND NOT IN THE SUBGROUP ON SO/AC ACCOUNTABILITY
>> B) thank you for  the list of the reference  documents that you have made
>> but  please kindly study the complete list discussed at Human Rights Group
>> chaired Mr, Leon Sanchez
>> You would not a complete list there.
>> If you , as the One of the Co-Chair of the Group proposed a selected list
>> , I have no problem with that but
>> 1) this issue must be discussed at your group and not accountability
>> Group and
>> 2) we MUST avoid repeating discussions that we have had. Under Mr.
>> Sanchez Group  during four or five months
>> Tks
>> Arasteh
>> Sent from my iPhone
>>
>> > On 5 Sep 2016, at 05:58, Niels ten Oever <lists at nielstenoever.net>
>> wrote:
>> >
>> > Dear all,
>> >
>> > Great to see the discussion developing here. If I look at the questions
>> > brought up by Farzane, structured by Paul (and confirmed by Tijani), I
>> > see some overlap with the questions that were brought up in the draft
>> > FoI we've been working on as Google Doc.
>> >
>> >>>  *        What substance we see in the phrase human rights inside
>> >>>    ICANN Mission?
>> >
>> > For this question we had a preliminary answer, namely that we could
>> > understand the following documents as 'Internationally recognized human
>> > rights':
>> >
>> > UDHR: http://www.ohchr.org/EN/UDHR/Pages/Language.aspx?LangID=eng
>> > ICCPR: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx
>> > ICESCR: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx
>> > ICERD: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx
>> > CEDAW: http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx
>> > CRPD: http://www.un.org/disabilities/convention/conventionfull.shtml
>> > DRIPS:  http://www.ohchr.org/EN/Issues/IPeoples/Pages/Declaration.aspx
>> >
>> > This could help narrow down that part of the discussion.
>> >
>> > When we look at the second question and clarification by John:
>> >
>> >>>  *        When, if ever, ICANN should give that substance (whatever
>> >>>    it may be) effect?
>> >
>> > This might mean different things for:
>> >
>> > - the ICANN community (SOs and ACs)
>> > - ICANN the organization
>> > - Contracted parties
>> > - policy development process
>> >
>> > It might helps us to differentiate or list what the different relevant
>> > activities of these (or other) parts of the ICANN ecosystem and
>> > understand what (potential) human rights impacts they might have?
>> >
>> > Just a suggestions.
>> >
>> > Best,
>> >
>> > Niels
>> >
>> > --
>> > Niels ten Oever
>> > Head of Digital
>> >
>> > Article 19
>> > www.article19.org
>> >
>> > PGP fingerprint    8D9F C567 BEE4 A431 56C4
>> >                   678B 08B5 A0F2 636D 68E9
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