[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
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>
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