[CCWG-ACCT] Report on Lawyers Call re Human Rights
nigel at channelisles.net
Fri Jan 22 11:14:22 UTC 2016
Agreed, and I'm content with the approach, so long as three points are
1. The commitment to respect human rights in a PTI must be explicit.
2. There cannot be words that dilute or remove the obligation
3. That the development of a framework for corporate respect for human
rights is a binding commitment on ICANN that it can't punt into the
weeds once it gets its freedom from State control.
On 22/01/16 10:35, Aarti Bhavana wrote:
> Hi Nigel,
> The way I see it, the proposed language is to ensure that there is
> exists a formal human rights commitment. How exactly this commitment is
> implemented (for e.g., is there a commitment towards UDHR, ICCPR,
> ICESCR, UNGP, ECHR, etc) is something slated to be discussed in WS2. So
> while the bylaw language does not do much by itself, it does create the
> path for further development in WS2, which is absolutely necessary,
> since we don't know what the post-transition ICANN environment will look
> On 22 Jan 2016 1:58 pm, "Nigel Roberts" <nigel at channelisles.net
> <mailto:nigel at channelisles.net>> wrote:
> On 22/01/16 07:55, Aarti Bhavana wrote:
> But the UDHR is non-binding. Further, these HR instruments apply
> only to
> state actors, which is why it's essential for the ICANN bylaws to
> categorically commit to respecting human rights. CCWG intends to at
> least have this commitment in place in WS1, since it isn't
> stated anywhere.
> Exactly. I fully support that position.
> But the qualifications proposed in the current draft, designed
> legally to limit ICANN to 'applicable law' appear to have the
> intention, and certainly would have the effect of entirely remove
> this commitment, since UDHR (or ECHR, or EU Charter) rights are not
> applicable law in dualist states, such as the USA.
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