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

Nigel Roberts nigel at channelisles.net
Sat Jul 18 15:49:05 UTC 2015


ICANN already has a legal obligation to do this,under California Law.

This was explicitly highlighted by the learned panelist in a previous, 
controversial IRP case.

But ICANN did nothing.

Rod Beckstrom pooh-poohed the idea of fundmental rights being relevant.
Fadi agreed but failed to do anything.

Failure to make ICANN accountable to accepted norms of fundamental 
rights lays it's ethis open to capture by governments or other 
organisation who do not respect fundamental rights.

Let me put it this way, Art.1, Prot 1, ECHR protects the rights of 
corporations to their intellectual property. Who could argue that ICANN 
should NOT take this right into account?? (There are other fundamental 
rights that it has been much less able to cope with, of course).


Nigel

On 07/18/2015 01:16 PM, Avri Doria wrote:
> Hi,
>
> On the contrary it is quite simple. as a core value to respect human
> right in our activities.
>
> We need to honor our human rights commitment, as defined in the
> declarations and covenants,  and be aware of our impact on those
> rights.  Doing it may be challenging, but understanding the commitment
> as a core value should be rather easy.
>
> avri
>
>
> On 18-Jul-15 13:34, Carlos Raul Gutierrez 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
>> <mailto: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 <mailto: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 <mailto: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>
>>              [mailto: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
>>              <mailto: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
>>              <mailto: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
>>                  <mailto:accountability-cross-community-bounces at icann.org>
>>                  on
>>                  > behalf of Avri Doria"
>>                  <accountability-cross-community-bounces at icann.org
>>                  <mailto:accountability-cross-community-bounces at icann.org>
>>                  on
>>                  > behalf of avri at acm.org <mailto: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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