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

Sat Jul 18 11:34:36 UTC 2015

I'm in full agreement with Greg's considerations. It is too serious an
issue to rush it in a narrowly determined stewardship transition.
Paradoxically  it may be easier to deal with it when we have less influence
of the US Government.

Carlos Raúl Gutiérrez
On Jul 17, 2015 9:43 PM, "Greg Shatan" <gregshatanipc at gmail.com> wrote:

> I am more than sympathetic with the cause of human rights.  However, I
> don't think this is the right time and place for this proposal, especially
> given where we are in our timeline. I am also far from certain this is the
> right proposal, or even the right type of proposal for dealing with human
> rights concerns within the structure, work and remit of ICANN.  Judging
> from even the brief discussion here, there are quite a number of variables
> and inputs to be considered.
>
> This is not something to be adopted hastily and without thoughtful study
> and deliberation.  As proposed, it would have wide ranging implications to
> policy creation, policy implementation and policy assessment, and it would
> apparently spawn due diligence and impact assessment protocols.  We have no
> real idea of the impact this would have on ICANN activities, how it
> balances and interacts with other rights and concerns, etc., etc.
>
> As such, I believe it is not appropriate for WS1.  Frankly, I don't think
> this is appropriate for the CCWG, even in WS2.  This deserves a dedicated
> group of its own -- a full multistakeholder examination in a group
> purposely chartered, organized and charged with looking at how human rights
> concerns should be dealt with at ICANN. There are at least two efforts
> within ICANN looking at issues relating to human rights and ICANN, both
> relatively new.  There is not yet any formal multistakeholder group
> chartered to begin examining these issues.  Perhaps there should be one --
> that would be an appropriate place to begin the efforts to give these
> issues due consideration, not here.
>
> Greg
>
> On Fri, Jul 17, 2015 at 12:03 PM, william currie <willie.currie at gmail.com>
> wrote:
>
>> 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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