[Ws2-hr] When should ICANN uphold human rights?
Niels ten Oever
lists at nielstenoever.net
Mon Sep 5 22:38:06 UTC 2016
Respect is in the bylaw as well as Annex 6 of the CCWG report, so I
think we have consensus on it.
We still have to define 'respect' though. For this, this part of the
draft FoI document
(https://docs.google.com/document/d/1emqmzyB9_0vm6oKxhIWZ47L7lxcFKUBHVnkBYUOsA2Q/edit
) might be helpful:
________
The responsibility to respect human rights requires that business
enterprises:
(a) Avoid causing or contributing to adverse human rights impacts
through their own activities, and address such impacts when they occur;
(b) Seek to prevent or mitigate adverse human rights impacts that are
directly linked to their operations, products or services by their
business relationships, even if they have not contributed to those impacts.
The responsibility of business enterprises to respect human rights
applies to all enterprises regardless of their size, sector, operational
context, ownership and structure. Nevertheless, the scale and complexity
of the means through which enterprises meet that responsibility may vary
according to these factors and with the severity of the enterprise’s
adverse human rights impacts.
In order to meet their responsibility to respect human rights, business
enterprises should have in place policies and processes appropriate to
their size and circumstances, including:
(a) A policy commitment to meet their responsibility to respect human
rights;
(b) A human rights due diligence process to identify, prevent, mitigate
and account for how they address their impacts on human rights;
(c) Processes to enable the remediation of any adverse human rights
impacts they cause or to which they contribute.
_______
I think especially the first point (b) touches upon Farzi's question.
Happy to discuss.
Best,
Niels
On 09/06/2016 10:30 AM, Rudolph Daniel wrote:
> 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
> <mailto: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 <tel:%2B216%2098%20330%20114>
> +216 52 385 114 <tel:%2B216%2052%20385%20114>
> -----------------------------------------------------------------------------
>
>
>> Le 5 sept. 2016 à 20:02, León Felipe Sánchez Ambía
>> <leonfelipe at sanchez.mx <mailto: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 <mailto: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
>>> <mailto: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
>>>> <mailto: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 <mailto: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
>>>> <http://www.ohchr.org/EN/UDHR/Pages/Language.aspx?LangID=eng>
>>>> > ICCPR:
>>>> http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx
>>>> <http://www.ohchr.org/EN/ProfessionalInterest/Pages/CCPR.aspx>
>>>> > ICESCR:
>>>> http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx <http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx>
>>>> > ICERD:
>>>> http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx
>>>> <http://www.ohchr.org/EN/ProfessionalInterest/Pages/CERD.aspx>
>>>> > CEDAW:
>>>> http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx <http://www.ohchr.org/EN/ProfessionalInterest/Pages/CEDAW.aspx>
>>>> > CRPD:
>>>> http://www.un.org/disabilities/convention/conventionfull.shtml
>>>> <http://www.un.org/disabilities/convention/conventionfull.shtml>
>>>> > DRIPS:
>>>> http://www.ohchr.org/EN/Issues/IPeoples/Pages/Declaration.aspx
>>>> <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 <http://www.article19.org/>
>>>> >
>>>> > PGP fingerprint 8D9F C567 BEE4 A431 56C4
>>>> > 678B 08B5 A0F2 636D 68E9
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--
Niels ten Oever
Head of Digital
Article 19
www.article19.org
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