[CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values

Fri Jul 17 16:03:34 UTC 2015

The Universal Declaration of Human Rights is the standard.

In terms of criteria, the `Protect, Respect and Remedy' framwork has useful
suggestions such as:

- The responsibility to respect human rights would require ICANN to avoid
causing or contributing to adverse human rights impacts through their own
activities and address such impacts when they occur.

- To meet this responsibility, ICANN would put in place policies and
processes appropriate to ICANN's mission that could include:

a) policy commitment to meet its responsibility regarding human rights
b) a human rights due diligence process to identify, prevent, mitigate and
account for how they address its impact on human rights
c) processes to enable remediation of any adverse human rights impacts it
causes.

These policies and processes could serve to  enhance ICANN's accountability
to a universal standard and if handled well, contribute to ICANN's
legitimacy in a multi-stakeholder global space. Part of the importance of
the IANA transition is that it makes ICANN a fully multi-stakeholder body,
no longer anchored by the USG. Adherence to the primary human rights
standard would help allay some of the anxiety regarding ICANN's global
accountability post-transition.

On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher <cwilson at 21cf.com>
wrote:

>  “Human rights” as defined by who/what?  And what criteria, if any, would
> ICANN use to ensure it is not running afoul of human rights?
>
>
>
>
>
>
>
> *From:* accountability-cross-community-bounces at icann.org [mailto:
> accountability-cross-community-bounces at icann.org] *On Behalf Of *william
> currie
> *Sent:* Friday, July 17, 2015 10:36 AM
> *To:* Avri Doria
> *Cc:* accountability-cross-community at icann.org
> *Subject:* Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: []
> Mission, Commitments and Core Values
>
>
>
> Hi all
>
> I support Avri's text and think it would be important to have it included
> in ICANN's Bylaws because the Human Rights framework is one of the most
> important forms of accountability globally. As ICANN embarks further into
> global multi-stakeholder space, having a clear commitment to human rights
> would be an important signal of the change that is being undertaken. As the
> USG relinquishes its stewardship , role, it is important to show that ICANN
> endorses human rights in its policy and practices as a form of global
> accountability. I agree that the text should not make specific references
> to the UN `Respect, Protect and Remedy' framework - that would be something
> for the Community and Board to endorse, if so decided. Including human
> rights in its Bylaws does not imply any increase in scope or any role as an
> enforcer of human rights - it simply requires that within its limited
> technical and commercial mission, ICANN commits to adhere to human rights
> in its policy and practices. It does not mean that ICANN would get involved
> in content regulation or any other matter beyond its scope. Including human
> rights is a simple  way of indicating that ICANN will behave in a way that
> respects human rights.
>
> So perhaps the text could read:
>
> Work to ensure that ICANN respects human rights within its mission and
> accounts for the impact on human rights in its policy creation, policy
> implementation, review and assessment.
>
> Willie
>
>
>
>
>
> On Fri, Jul 17, 2015 at 4:01 PM, Avri Doria <avri at acm.org> wrote:
>
> Hi,
>
> This speaks of Human Rights impact within ICANN mission.
>
> It does not expand the scope one time little bit.  It just saws that
> within our scope we need to be aware of the impact of our policies and
> actions on human rights.  And that when we see that we are injuring
> those rights, we do something to fix it.
>
> avri
>
>
>
> On 17-Jul-15 14:04, James M. Bladel wrote:
> > I am not in favor of introducing ³human rights² in to the ICANN bylaws,
> > which IMO would dramatically increase its scope as a technical/commercial
> > organization.  ICANN is not in a position to either establish or
> reinforce
> > anyone¹s ³rights².
> >
> > Thanks‹
> >
> > J.
> >
> >
> >
> >
> > On 7/17/15, 11:32 , "accountability-cross-community-bounces at icann.org on
> > behalf of Avri Doria" <accountability-cross-community-bounces at icann.org
> on
> > behalf of avri at acm.org> wrote:
> >
> >> Hi,
> >>
> >> As far as I can tell this fell through the cracks among the various WPs
> >>
> >> I am hoping to bring this up during our discussion in Paris.  I do not
> >> want to let it fall
> >> through the cracks especially since it respond to two of the comments on
> >> various human rights like freedoms of expression and association.  Not
> >> quite sure what session it will fit into.
> >>
> >> I suggest a final core value that reads:
> >> Work to ensure that ICANN respects human right obligations within its
> >> mission, accounts for impact on human rights in policy creation, and
> >> adheres to the "Respect, Protect and Remedy" framework developed by the
> >> UN.
> >>
> >> thanks
> >>
> >> avri
> >>
> >>> On 14-Jul-15 00:27, Avri Doria wrote:
> >>>> Hi,
> >>>>
> >>>> In his comment 100 Willie Currie raised the issue of enshrining
> freedom
> >>>> of expression in the in the core values.
> >>>>
> >>>> In comment 123 NCSG worte: "We support the addition of respect for
> >>>> Human
> >>>> rights to the core values and support the addition of an obligation
> for
> >>>> human rights impact analyses for ICANN decisions to the mission. NCSG
> >>>> has consistently recommended that ICANN adopt the ³Respect, Protect,
> >>>> and
> >>>> Remedy² framework which was developed for private corporations"  this
> >>>> is
> >>>> the framework documented by the UN called *in Guiding Principles on
> >>>> Business and Human Rights *<
> >>>>
> >>>> *
> http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR
> >>>> _EN.pdf>*
> >>>>
> >>>>
> >>>> These Guiding Principles are grounded in recognition of:
> >>>>
> >>>> (a) States¹ existing obligations to respect, protect and fulfill human
> >>>> rights and fundamental freedoms;
> >>>>
> >>>> (b) The role of business enterprises as specialized organs of society
> >>>> performing specialized functions, required to comply with all
> >>>> applicable laws and to respect human rights;
> >>>>
> >>>> (c) The need for rights and obligations to be matched to appropriate
> >>>> aeffective remedies when breached
> >>> I argue that we need to add something to our next version to take these
> >>> comment into account.
> >>
> >>
> >>
> >>
> >>
> >>
> >> ---
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> >
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>
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