[CCWG-ACCT] Human Rights draft text for third reading

Nigel Roberts nigel at channelisles.net
Tue Jan 26 13:46:38 UTC 2016


I think the consensus is that ICANN should, before it is permitted to 
transition, make an unequivocal strategic committment to internationally 
accepted human rights standard. That is the baseline.

I am content to allow HR issues NOT to affect IRPs, for example until as 
Framework, and detailed bylaws can be developed, e.g. immediately post 
transiation PROVIDED there is a solemn and binding committent to do that.

What I cannot accept, however, is that human rights are defined by 
applicable US law, which only implements human rights piecemeal.


N

(You can just see capital punishment for an example of how 'applicable 
law' permits what is unconditionally rejected by international human 
rights standards)/

On 26/01/16 13:36, Kavouss Arasteh wrote:
> Dear Nigel
> May you please be more specific on how including necessary high level
> materials / text in the transitional Bylaws and deferring the exact
> texts to be  further developped once the frame work of interpretation of
> HR is fully developped and approved would result to
> Quote
> /"it removes all legalobligations on ICANN to respect internationally
> accepted human rights principles, since they do not form part of
> applicable law in California."/
> Unquote
> //You have noted that after many hours of discussions there is no
> agreement for the full text to be included in the Bylaws as definitive
> nor any consensus to totally postpoe it to WS2.
> Some middle ground is being emerged as consensus
> Regards
> Kavouss
>
> 2016-01-26 14:23 GMT+01:00 Nigel Roberts <nigel at channelisles.net
> <mailto:nigel at channelisles.net>>:
>
>     The text is overcomplicated and it appears to me that it removes all
>     legalobligations on ICANN to respect internationally accepted human
>     rights principles, since they do not form part of applicable law in
>     California.
>
>     If that is what the CCWG wants, I am disappointed.
>
>
>
>     On 26/01/16 12:44, Kavouss Arasteh wrote:
>
>         Dear Jordan
>         Thank you very much for the message
>         In regard with your first point
>         Quote
>         /"will not enter into force" does indeed render the clause
>         ineffective
>         until the FoI it mentions is developed. I understand from you
>         (offline)
>         that this is the case, but others might wonder the same thing."/
>         /Unquote/
>         Yes it will
>         In fact the term" /will not enter into force" /is more
>         appropriate from
>         legal point of view than the term /"will be ineffective"/
>         /.../
>         /In regard with your second point /
>         /Quote/
>         " /wherever we land on this question, I just want to signal my
>         own view
>         as a "Member" of the CCWG that I am relaxed about whether this
>         is WS1 or
>         2 - my own personal view is that the important thing is that the
>         approach to interpreting and applying human rights in the ICANN
>         context
>         is developed by the ICANN community before bylaws-type
>         obligations or
>         requirements come into effect."/
>         Unquote
>         It may be the case that some or many CCWG members are relaxed
>         but other
>         are not that is why several others prepfer to push it to WS2.
>         Regards
>         Kavouss
>
>         2016-01-25 22:43 GMT+01:00 Jordan Carter
>         <jordan at internetnz.net.nz <mailto:jordan at internetnz.net.nz>
>         <mailto:jordan at internetnz.net.nz
>         <mailto:jordan at internetnz.net.nz>>>:
>
>              Thank you Leon. This is one of the issues I have not
>         followed in
>              huge depth, and I acknowledge the expertise and energy deployed
>              through WP4 as well as all the other comments that have
>         come in on this.
>
>              I would like to offer two thoughts.
>
>              First, this proposed approach is fine with me so long as
>         our lawyers
>              can certify that "will not enter into force" does indeed
>         render the
>              clause ineffective until the FoI it mentions is developed. I
>              understand from you (offline) that this is the case, but others
>              might wonder the same thing.
>
>              Second, wherever we land on this question, I just want to
>         signal my
>              own view as a "Member" of the CCWG that I am relaxed about
>         whether
>              this is WS1 or 2 - my own personal view is that the
>         important thing
>              is that the approach to interpreting and applying human
>         rights in
>              the ICANN context is developed by the ICANN community before
>              bylaws-type obligations or requirements come into effect.
>
>              This text seems to deliver that. So would pushing the
>         matter off to
>              WS2.  I'll happily stand with consensus either way.
>
>              cheers
>              Jordan
>
>
>              On 26 January 2016 at 09:40, León Felipe Sánchez Ambía
>              <leonfelipe at sanchez.mx <mailto:leonfelipe at sanchez.mx>
>         <mailto:leonfelipe at sanchez.mx <mailto:leonfelipe at sanchez.mx>>>
>         wrote:
>
>                  Dear all,
>
>                  In anticipation for our call tomorrow I am sending you the
>                  proposed language for the Human Rights bylaw. This text
>         tries to
>                  address all the concerns that were raised in our recent
>         calls
>                  and on the mailing list.
>
>                  Please take a momento to review the proposed text and
>         provide
>                  your feedback at your earliest convenience.
>
>
>
>                  Best regards,
>
>
>                  León
>
>
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>
>
>              --
>              Jordan Carter
>
>              Chief Executive
>              *InternetNZ*
>
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>         <mailto:jordan at internetnz.net.nz>
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