[Discussion-igo-rc] Protections for IGOs/Red Cross Red Crescent - Clarifications from the ICRC/Red Cross and Red Crescent
Stephane Hankins
shankins at icrc.org
Fri Feb 17 12:15:02 UTC 2017
Dear Mary, dear Tom,
Dear all,
Further to Mary's recent message soliciting clarifications on the list of
Red Cross and Red Crescent identifiers for which permanent protections are
requested, as per the advice provided by the GAC in its past Communiqués
to ICANN's Board, please find below our responses to Mary's questions. We
are also copying below our last messages (30 january 2015 and 4 march
2016) in response to ealier issues raised regarding the list of
identifiers of the respective Red Cross and Red Crescent organizations, as
included under Specification 5 of the Model Registry Agreement.
quote from Mary's message
On the Problem Statement relating to Red Cross identifier protections –
· The number of Red Cross National Societies - The Red Cross has,
indeed, notified ICANN that there are now 190 National Societies; in her
presentation to the GNSO Council in April 2016, this was also mentioned by
Ms. Charlotte Lindsey Curtet (noting that the 190th was approved and
admitted in December 2015:
https://gnso.icann.org/en/correspondence/curtet-to-gnso-council-14apr16-en.pdf)
. The GAC advice specifically mentioning the Red Cross National Societies
(March 2014 in the Singapore Communique; June 2014 in the London
Communique; and October 2014 in the Los Angeles Communique) and the ICANN
Board resolution granting interim protection to Red Cross National Society
names (again, preceding the admission of the 190th National Society into
the movement) expressly provide for the then-189 National Societies.
Similarly, the GNSO’s PDP recommendations on this point – dating from
November 2013 and based on GAC advice up to that date – also mention 189
Red Cross National Societies. It may therefore be helpful if the National
Society names that the facilitated discussions will focus on can be
clarified.
Response (ICRC):
(1) The current request is for the confirmation as permanent of the
protections currently recognized to the identifiers of the respective
components of the International Red Cross and Red Crescent Movement
(hereafter Movement), including the names of the 190 National Red Cross
and Red Crescent Societies recognized within the Movement 1) in English
and 2) in the official language or languages (and alphabets/fonts) of
their respective State of origin.
It is correct that the number of National Societies referenced in the
GAC's past communiqués (Singapore, 2014; London, 2014; Los Angeles, 2014)
was 189 and that this number has since increased following the recognition
of the Tuvalu Red Cross as the 190th National Society as a component of
the Movement (effective 18 November 2015). Should hence be added to the
list the names "Tuvalu Red Cross" and "Tuvalu Red Cross Society".
For clarity, It should be noted that the recognition of new National Red
Cross and Red Crescent Societies is not a very common occurrence and
follows a formal process defined in the Movement's regulatory framework.
There can only one National Red Cross or Red Crescent Society in any given
State and only States that party to the 1949 Geneva Conventions are
enabled to set up a National Society. Only very few States party to the
1949 Geneva Conventions (6 out of 196 to date) have not yet created a
National Red Cross or Red Crescent Society.
We had in the past submitted our responses to series of remaining
questions pertaining to the list of National Societies' names presently
included in the list of Red Cross and Red Crescent identifiers included in
Specification 5 to the Model Registry Agreement (most of a technical
nature linked to the font or to the length of certain names proposed for
inclusion on the list or protected names ).
We re attaching below our last messages (of 30 January 2015 and 4 March
2016) in this regard and remain available to respond to any remaining
questions. We would also be available to discuss any remaining issues in a
Telephone Conference with ICANN Staff in advance of the Copenhagen Meeting
and/or to meet with concerned ICANN Staff in Copenhagen if this may assist
further in finalizing the list.
· The languages for which permanent protection for the National
Society names is being sought – the current suggested text is “in relevant
national languages”; the GAC advice is formulated as “in English and the
official languages of their respective states of origin” and reflected in
the GNSO PDP as “in English, as well as in their respective national
languages”. It may be that there is no substantive difference between the
current text and what is in the GAC advice and GNSO PDP recommendations,
but we thought we ought to mention this for precision purposes.
Response (ICRC): We confirm that there is no substantive difference
between the formulations “in relevant national languages “ and "in English
and the official languages of their respective States of origin”. As noted
above, the request is for permanent protections to be accorded to the
names of National Societies both in English and in the official languages
(and alphabets/fonts, as applicable) of each National Society's State of
origin.
· Acronyms of the international Red Cross movement – the GAC
advice had sought “the same complementary cost neutral mechanisms to be
worked out … for the protection of acronyms of IGOs” for the following
four acronyms: ICRC, CICR, IFRC, FICR (Durban Communique, July 2013),
which did not include MKKK. The GNSO PDP recommendations were for 90-days
Claims Notification for the four acronyms listed by the GAC plus MKKK. It
may therefore be helpful if the exact acronyms under discussion for
protection as being the most commonly used Red Cross acronyms can also be
clarified.
Response (ICRC): The acronyms/initials solicited for permanent protection
concern the most usual acronyms of the two international organizations
within the International Red Cross and Red Crescent Movement, namely the
International Committee of the Red Cross (ICRC - in English; CICR - in
French; and MKKK - in Russian) and the International Federation of Red
Cross and Red Crescent Societies (IFRC - in English; FICR - in French).
We remain available to answer any remaining issues that would be raised.
We shall be available to meet with concerned ICANN Staff in Copenhagen in
order to finalize the list, as this may represent the easiest option
forward.
With best regards,
Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19
-----Transféré par Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC le
16/02/2017 19:31 -----
A : Mary Wong <mary.wong at icann.org>, Cyrus Namazi <cyrus.namazi at icann.org>
De : Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC
Date : 04/03/2016 13:47
Cc : Nigel Hickson <nigel.hickson at icann.org>, Charlotte Lindsey
Curtet/CIM_DIR/GVA/ICRC at ICRC, Nicola Ann
Hardwick/DIR_GEN_MOUV_CHF/GVA/ICRC at ICRC
Objet : DNS labels associated with the Red Cross and Red Crescent
Dear Cyrus, dear Mary,
(1) I hope this message finds you well.
Further to our past exchanges and as I am hoping we may be able to catch
up during ICANN's Marrakesh meeting in the next days,
I am sending you our responses to Cyrus' last letter and to his queries
relating to the list of DNS labels associated with the Red Cross and Red
Crescent designations and names, and thus, as these are currently included
and reflected under Specification 5 to the Model Registry Agreement.
(2) Firstly, I would like to reiterate here our previous recommendation
that, for greater clarity, the titles of the two tables/lists of Red Cross
and Red Crescent designations and names included under Specification 5 be
revised as follows:
(List 1) International Red Cross and Red Crescent Movement - Names of the
distinctive emblems protected under international humanitarian law and of
related designations
(in substitution to the current title: International Red Cross and Red
Crescent Movement - National Red Cross and Red Crescent Societies Names)
(List 2) International Red Cross and Red Crescent Movement – Names and
identifiers of Red Cross and Red Crescent organisations
(in substitution to the current title: International Red Cross and Red
Crescent Movement - International Committee of the Red Cross and
International Federation of the Red Cross and Red Crescent Societies)
As the titles currently stand, they do not properly reflect or explicate
the lists of strings listed thereunder.
(3) Second, we would like to draw your attention to the fact that, since
the list of DNS labels was prepared, a new National Society has been
recognized within the International Red Cross and Red Crescent Movement,
and that its denomination requires to be added to the list of names and
identifiers of Red Cross and Red Crescent organisations, namely the Tuvalu
Red Cross Society (which was recognized as a component of the Movement in
November 2015).
Should hence be added to the list protected names and DNA labels the
names:
- "Tuvalu Red Cross"
- "Tuvalu Red Cross Society"
(4) Below our responses to Cyrus' questions raised in his letter of 19 May
2015:
ICRC (Red Cross and Red Crescent) response
to ICANN's Letter of 19 May 2015
ICANN letter
ICRC (Red Cross and Red Crescent) response
1.
The names of RCRC National Societies are eligible for protection in
English as directed by the NGPC’s resolution, which instructed staff to
“provide temporary protections for the names of the International
Committee of the Red Cross and International Federation of the Red Cross
and Red Crescent Societies, and the 189 National Red Cross and Red
Crescent Societies, as identified in the GAC Register of Advice as
2014-03-27-RCRC while the GAC, GNSO, Board, and ICANN community continue
to actively work on resolving the differences in the advice from the GAC
and the GNSO policy recommendations on the scope of protections for the
RCRC names.” The GAC advice referenced in the NGPC’s resolution calls for
protections of “the 189 National Red Cross and Red Crescent Societies, in
English and the official languages of their respective states of origin.”
We will direct registry operators to reserve these labels.
As explained in our message of 21 November 2015, two or more names were
submitted for protection in instances where a National Red Cross or Red
Crescent Society makes wide usage of a usual name or names in addition to
its official name (we refer to the official name as that foreseen, in
principle, in a National Red Cross or Red Crescent Society’s national law
or decree of recognition or in its statutory base instruments).
For example, the official name of the Australian Red Cross Society
includes the word “Society”, but is commonly known as the “Australian Red
Cross”. Similarly, the American National Red Cross uses and is widely
known as the “American Red Cross”.
Accordingly, we provided two or more names for inclusion in the list of
protected strings, where this was requested by the National Society
concerned.
2.
Some of the labels on the revised list are too long for the DNS. Refer to
lines 72 – 75, 78, 79, 559, and 560 for those labels that cannot be
reserved because they are too long.
We take note that some of the labels on the revised list are too long for
the DNS.
We propose to delete labels are too long for the DNS.
3.
The list of DNS labels includes some acronyms for RCRC National Society
names. As noted above in #1, the NGPC resolution calls for protection of
“the 189 National Red Cross and Red Crescent Societies, in English and the
official languages of their respective states of origin,” but does not
call for protection of the acronyms corresponding to the 189 National Red
Cross and Red Crescent Society Names. Refer to lines 379, 380, 531, 532,
872, 873, 928, 944, 975, 976, 985, and 1011 for those labels that appear
to represent acronyms that are not eligible for reservation.
We take note of this point and agree to the deletion of DNS labels
corresponding to, or composed of, acronyms or initials of the Red Cross
and Red Crescent organizations – i.e. under lines 379, 380, 531, 532, 872,
873, 928, 944, 975, 976, 985, and 1011.
4.
The revised list of DNS labels includes International Red Cross and Red
Crescent Movement names outside the scope of what the NGPC directed to be
reserved pursuant to NGPC Resolution 2012.11.26.NG03. Refer to lines 144,
145, 319 – 324, 377, 378, 383, 384, 461, 462, 514 – 516, 665, 666, 694,
695, 714, 715, 742, 743, 862, 863, 906, 907, 1008, 1009, and 1010. Please
clarify the basis for directing registry operators to protect these
labels.
Please delete the labels in lines 144, 145, 319 – 324, 377, 378, 383, 384,
461, 462, 514 – 516, 665, 666, 694, 695, 714, 715, 742, 743, 862, 863,
906, 907, and 1008.
However, we believe that the labels included in lines 1009 and 1010 should
be kept, as they correspond to the full name of the Uzbek Red Crescent
Society in Russian, as a recognized regional language of the State.
5.
The revised list of DNS includes some labels where the characters do not
render properly in the Word document. Refer to line 622. Please send these
labels in a csv file so that we may review the proposed labels.
Unfortunately, we could not convert the file under line 622 into
csv-format either. We suggest to drop this label.
6.
For some RCRC National Society names on the revised list, more than one
English language version of the official name of the National Society is
on the list. Refer to lines 132 – 135, 441 – 444, 655 – 658, 724 – 727,
744 – 747, 770 – 773, 808 – 811, 828 – 835, 836 – 839, 844 – 847, 856 –
859, 866 – 871, 874 – 877, 886 – 889, 894 – 897, 961 – 964, 994 – 997, 998
– 1001, 1026 – 1029, 1038 – 1041, and 1042 – 1045. As noted above in #1,
the NGPC resolution calls for protection of “the 189 National Red Cross
and Red Crescent Societies, in English and the official languages of their
respective states of origin.” Please advise which one of the English
language labels should be reserved.
See comment under point 1.
Where several labels are proposed, these corresponds to either the
official name of the National Society (as defined in the latter’s national
law of recognition) or to the usual or widely used name or names of the
National Society.
The inclusion of both official and usual names does not, in our
understanding contradict the terms of the NGPC resolution. The latter does
not refer to the “official” name of National Red Cross or Red Crescent
Societies, but rather to their protection in the official languages of
their respective States of origin.
7.
Please confirm how you propose to treat “the” when it is part of the
official name of the RCRC National Society name. For example, the official
name of the Red Cross National Society in Thailand is “The Thai Red Cross
Society.” When creating the DNS labels, should corresponding DNS labels
be: “the-thai-red-cross-society” and “thethairedcrosssociety”? Or, should
the DNS labels include the previous two labels in addition to
“thai-red-cross-society” and “thairedcrosssociety”?
We would prefer if both the versions, with and without the word “the”,
could be included (e.g., “the-thai-red-cross-society” and
“thai-red-cross-society”).
We hope this will allow to resolve the outstanding questions and look
forward to the opportunity to meet with you in the coming days.
With kind regards,
Stéphane
Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19
-----Transféré par Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC le
16/02/2017 19:22 -----
A : Mary Wong <mary.wong at icann.org>
De : Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC
Date : 30/01/2015 15:44
Cc : Cyrus Namazi <cyrus.namazi at icann.org>, Nigel Hickson
<nigel.hickson at icann.org>, christopher.rassi at ifrc.org, Charlotte Lindsey
Curtet/CIM_DIR/GVA/ICRC at ICRC, Katie Shea/DIR_GEN_MOUV_CHF/GVA/ICRC at ICRC
Objet : Lists of Red Cross and Red Crescent names included in
Specification 5 - some recommendations for revision
Dear Mary,
We hope this message finds you well.
We have taken due note of the inclusion of the list of Red Cross and Red
Crescent names under Specification 5 to the Model Registry Agreement as it
is now available online and would like to thank you and your colleagues
for your precious assistance.
After a careful review of the list placed online, we would like to draw
your attention however to several omissions and are attaching below a
revised listing in which
- different National Red Cross or Red Crescent Society names have been
added or corrected (the name of the International Federation of Red Cross
and Red Crescent Societies was also missing in several UN languages);
- the names of National Red Cross and Red Crescent Societies have been
systematically inserted in English. This is in accordance with the NGPC's
Resolution adopted in Los Angeles on 12 October 2014 to provide temporary
protections for the Red Cross/Red Crescent names identified in the GAC's
Singapore Communiqué (i.e. to permanently protect from unauthorized used
the terms associated with the International Red Cross and Red Crescent
Movement [and that] the protections should [...] include "the 189 National
Red Cross and Red Crescent Societies, in English and the official
languages of their respective states of origin," and the "full names of
the International Committee of the Red Cross and International Federation
of the Red Cross and Red Crescent Societies in the six (6) United Nations
Languages").
For the sake of clarity, we also propose to change the titles of the two
tables of Red Cross and Red Crescent designations and names included under
Specification 5 to
- (List 1) International Red Cross and Red Crescent Movement - Names of
the dictinctive emblems protected under international humanitarian law and
of related designations
(in replacement of the current title: International Red Cross and Red
Crescent Movement - National Red Cross and Red Crescent Societies Names)
- (List 2) International Red Cross and Red Crescent Movement – Names and
identifiers of Red Cross and Red Crescent organisations
(in replacement of the current title: International Red Cross and Red
Crescent Movement - International Committee of the Red Cross and
International Federation of the Red Cross and Red Crescent Societies)
(3) For a full overview of our proposed revisions, we are attaching below
our revised list (one with mark-up and highlighting our revisions, the
other without):
Please do let us know if you would require any additional explanations. We
will be attending the upcoming ICANN meeting in Singapore and would be
available to discuss this further with you as might be required.
With best wishes in your preparations for the Singapore Meeting and kind
regards,
Stéphane and Chris
Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19
Email: shankins at icrc.org
Christopher M. Rassi
Senior Legal Officer
International Federation of Red Cross and Red Crescent Societies
Chemin des Crêts, 17 |1209 Petit Saconnex |Geneva|Switzerland
Tel. +41 (0)22 730 4536 | Fax +41 (0)22 733 0395 | E.mail:
christopher.rassi at ifrc.org
end of message
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