[CCWG-ACCT] What are the WS2 activities that ensue from a WS1 bylaws commitment to human rights?

Avri Doria avri at acm.org
Fri Jul 31 09:36:20 UTC 2015


hi,

It has been suggested to me offlist that we might be asking for too much
complexity in this bylaws formulation.

another suggestion:

Within its mission and in its operations, ICANN will be committed to respect the fundamental human rights as enshrined in the Universal Declaration of Human Rights (UDHR).

This would leave all of the work of becoming specific in its meaning and modalities for ICANN to WS2.  It is less specific than I personally favor, but if it can be acceptable to others, it could serve.

avri

 

On 31-Jul-15 11:22, Avri Doria wrote:
> Hi,
>
> As I said, this is a guideline for WS2 work. 
>
> avri
>
> On 31-Jul-15 11:05, Malcolm Hutty wrote:
>> On 31/07/2015 09:11, Avri Doria wrote:
>>> Hi,
>>>
>>> In order to outline some of the work that would need to be done in WS2,
>>> given a WS1 bylaws commitment to human rights, e.g.  Drazek as ammended
>>> by Lisse
>>>
>>> /Within its mission and in its operations, ICANN will be committed to respect the fundamental human rights, inter alia, the exercise of free expression and the free flow of information./
>>>
>>> I have extracted the following text from
>>>
>>> * Guiding Principles on Business and Human Rights
>>>    <http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf>
>>> <http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf>*
>>>
>> That doesn't look like a multistakeholder document to me. It seems to
>> have set out responsibilities for businesses without involving
>> businesses in its formulation. So, valuable input as a reference point,
>> but is it something we would simply accept as an unimpeachable statement
>> applicable to this community?
>>
>>> 13. The responsibility to respect human rights requires that business
>>> enterprises:
>> [...]
>>
>>>     (b) Seek to prevent or mitigate adverse human rights impacts that
>>>     are directly linked to their operations, products or services by
>>>     their business relationships, even if they have not contributed to
>>>     those impacts.
>> As this applies to ICANN, do you think this creates a duty to use its
>> business relationships with Registries and Registrars seek to prevent
>> human rights abuses by domain registrants?
>>
>> I think it could be argued that that is what the quoted text means, and
>> I would disagree strongly with accepting it without qualification for
>> that reason.
>>
>
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