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

Tue Sep 6 18:19:37 UTC 2016

Thanks Farzaneh.  I agree with you in regard to the analysis of ICANN functions. I have listed five of these in an e-mail sent a few minutes ago which I think may suggest some “stress tests” for this Human Rights FOI.    They are:

1.       Award of registry contracts

2.       Contractual provisions required in registry (and by implication registrar) contracts.

3.       Adjudication of Requests for Reconsideration

4.       Adjudication of complaints filed with ICANN with respect to Spec 11 Public Interest Commitments

5.       Possible revocation of gTLD contract awards in relation to registry operators using TLDs for Human Rights abuse purposes.

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From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On Behalf Of farzaneh badii
Sent: Monday, September 05, 2016 3:33 PM
To: Leon Felipe Sanchez Ambia
Cc: ws2-hr at icann.org
Subject: Re: [Ws2-hr] When should ICANN uphold human rights?

Hi Leon

Yes you are right. The term that was used was respect which we also have to define its meaning (it's one of the questions raised in Google doc.)  But I  think we can focus on reformulated questions provided by Paul and substantiated by John. The questions I raised can be answered throughout our discussion but I think at some point we really need to discuss the issues we are considering  within various settings at ICANN.

We could also have an ICANN function chart and then consider the applicability of  internationally recognised human rights for each function. Just a suggestion.  I might be wrong.

Best

Farzaneh

On 5 Sep 2016 9:02 p.m., "León Felipe Sánchez Ambía" <leonfelipe at sanchez.mx<mailto:leonfelipe at sanchez.mx>> wrote:
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
> 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<http://www.article19.org/>
>
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