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

william currie willie.currie at gmail.com
Sat Jul 18 12:25:10 UTC 2015


ICANN is already seized by human rights issues. For example, there are
seven articles in the Universal Declaration of Human Rights that ICANN
engages with:

- Article 2: non-discrimination
- Article 7: equality before the law
- Article 10: full equality to a fair and public hearing by an independent
and impartial tribunal in determination of a person's rights and obligations
- Article 12: no arbitrary interference with privacy
- Article 17: protection of property rights
- Article 19: freedom of expression
- Article 20: freedom of association

The value from an accountability point of view is that it provides an
external standard to measure ICANN's performance in these areas and to
remedy any shortcomings. Articles 2, 7 & 10 are clearly applicable to the
IRP. Article 12 to the WHOIS issue. Article 17 to trademark issues. Article
19 to debates about new gTLD strings. Article 20 to the maintenance of a
open, secure Internet for all.

Committing to the Universal Declaration gives ICANN a form of external
accountability - normative accountability to a global standard - for
something ICANN is already seized with.


On Sat, Jul 18, 2015 at 1:34 PM, Carlos Raul Gutierrez <crg at isoc-cr.org>
wrote:

> 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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