[CCWG-ACCT] Human rights - way forward

[Dr Eberhard W Lisse]

And I volunteer Nigel Roberts as the Rapporteur :-)-O

el

-- 
Sent from Dr Lisse's iPad mini

> On Jul 31, 2015, at 16:40, Nigel Roberts <nigel at channelisles.net> wrote:
> 
> I would certainly wish to be included as well.
> 
> 
> 
> 
> Nigel
> 
> 
>> On 31/07/15 16:15, Avri Doria wrote:
>> hi,
>> 
>> Thank you.
>> 
>> Contrary to my often proclaimed  policy of no more volunteering at
>> ICANN, I would be happy to serve on that subgroup.
>> 
>> I am in the process of collecting all of the various forms of the bylaws
>> phrase that have been submitted an will send it to the list.
>> 
>> avri
>> 
>> 
>>> On 31-Jul-15 13:49, Mathieu Weill wrote:
>>> Dear Colleagues,
>>> 
>>> As announced during our last call, the co-Chairs have reviewed where
>>> we are on this issue. Our group is tasked to work on the basis of
>>> consensus, and we have focused on assessing where this condition was met.
>>> 
>>> It is our conclusion that :
>>> 1) our group has achieved consensus on including a human rights
>>> related Commitment in Icann's Bylaws.
>>> 2) no particular wording currently proposed achieved consensus.
>>> 
>>> As a consequence, we propose to include into the public comment 2
>>> report (in the Mission & Core value section, a draft is included below)
>>> - this assessment and a firm commitment to add a human rights related
>>> Commitment into Icann's Bylaws,
>>> - the underlying requirements expressed during the debate,
>>> - the concrete language proposals that were considered by our group so
>>> far, as examples
>>> 
>>> Finally, given the strong momentum on the issue, both during the
>>> meeting and on list before and after, and taking into account the high
>>> level of complexity involved, we suggest to kick off ASAP a subgroup
>>> to further refine the requirements and assess potential options based
>>> on further studies of the current situation and "agreed-on" language.
>>> 
>>> We thank you all for your understanding and commitment on this topic,
>>> as well as the extensive discussions both on list and during the calls
>>> about this.
>>> 
>>> As a reminder, Minority statements filed until Saturday 12.00 UTC will
>>> be incorporated into the report to be published on Monday. Statements
>>> filed after this deadline will be published online but not
>>> incorporated into the report.
>>> 
>>> Best regards,
>>> Leon, Thomas & Mathieu
>>> Co-chairs
>>> 
>>> -----------------------------------------------
>>> NEW SUBSECTION IN 3A Mission, Commitmennts & Core Values
>>> 
>>> Elaborating an Icann Commitment to Human Rights
>>> 
>>> The CCWG-Accountability extensively discussed the opportunity to
>>> include into Icann Bylaws a Comittment related to Human Rights. The
>>> group commissioned a legal analysis of whether the termination of the
>>> IANA contract would induce changes into Icann's obligations with
>>> regards to Human Rights (LINK). While no significant issue was found
>>> to be directly linked to the termination of the IANA contract, the
>>> group acknowledged the recurring debates around the nature of Icann's
>>> accountability towards the respect of fundamental human rights.
>>> 
>>> These discussions identified the following, non-exhaustive, list of
>>> accountability-related requirements :
>>> - the NTIA criteria to maintain the openness of the Internet,
>>> including free expression and the free flow of information
>>> - the need to avoid extending Icann's mission into content regulation
>>> - the importance of assessing the impact of Icann policies on Human
>>> rights
>>> 
>>> Examples of language that could serve as a Commitment were as follows :
>>> - Within its mission and in its operations, ICANN will be committed to
>>> respect the fundamental human rights of the exercise of free
>>> expression and the free flow of information.
>>> - Within its mission and in it operations, ICANN will be committed to
>>> respect internationally recognized fundamental human rights.
>>> 
>>> The group has achieved consensus on including a human rights related
>>> Commitment in Icann's Bylaws. However no particular wording currently
>>> proposed achieved consensus. Reiterating its commitment to elaborate
>>> concrete proposals as part of its mandate,  the CCWG-Accountability is
>>> calling for comments on this approach and the underlying requirements.
>> 
>> 
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