Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
Hi, As far as I can tell this fell through the cracks among the various WPs I am hoping to bring this up during our discussion in Paris. I do not want to let it fall through the cracks especially since it respond to two of the comments on various human rights like freedoms of expression and association. Not quite sure what session it will fit into. I suggest a final core value that reads:
Work to ensure that ICANN respects human right obligations within its mission, accounts for impact on human rights in policy creation, and adheres to the "Respect, Protect and Remedy" framework developed by the UN.
thanks avri
On 14-Jul-15 00:27, Avri Doria wrote:
Hi,
In his comment 100 Willie Currie raised the issue of enshrining freedom of expression in the in the core values.
In comment 123 NCSG worte: "We support the addition of respect for Human rights to the core values and support the addition of an obligation for human rights impact analyses for ICANN decisions to the mission. NCSG has consistently recommended that ICANN adopt the “Respect, Protect, and Remedy” framework which was developed for private corporations" this is the framework documented by the UN called *in Guiding Principles on Business and Human Rights *< *http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.pdf>*
These Guiding Principles are grounded in recognition of:
(a) States’ existing obligations to respect, protect and fulfill human rights and fundamental freedoms;
(b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights;
(c) The need for rights and obligations to be matched to appropriate aeffective remedies when breached I argue that we need to add something to our next version to take these comment into account.
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Dear Avri, any reasons for limiting this to policy "creation"? why not extend it to "policy implementation and review/assessment"? Regards Jorge Cancio -----Ursprüngliche Nachricht----- Von: accountability-cross-community-bounces@icann.org [mailto:accountability-cross-community-bounces@icann.org] Im Auftrag von Avri Doria Gesendet: Freitag, 17. Juli 2015 11:33 An: accountability-cross-community@icann.org Betreff: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values Hi, As far as I can tell this fell through the cracks among the various WPs I am hoping to bring this up during our discussion in Paris. I do not want to let it fall through the cracks especially since it respond to two of the comments on various human rights like freedoms of expression and association. Not quite sure what session it will fit into. I suggest a final core value that reads:
Work to ensure that ICANN respects human right obligations within its mission, accounts for impact on human rights in policy creation, and adheres to the "Respect, Protect and Remedy" framework developed by the UN.
thanks avri
On 14-Jul-15 00:27, Avri Doria wrote:
Hi,
In his comment 100 Willie Currie raised the issue of enshrining freedom of expression in the in the core values.
In comment 123 NCSG worte: "We support the addition of respect for Human rights to the core values and support the addition of an obligation for human rights impact analyses for ICANN decisions to the mission. NCSG has consistently recommended that ICANN adopt the "Respect, Protect, and Remedy" framework which was developed for private corporations" this is the framework documented by the UN called *in Guiding Principles on Business and Human Rights *< *http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusines sHR_EN.pdf>*
These Guiding Principles are grounded in recognition of:
(a) States' existing obligations to respect, protect and fulfill human rights and fundamental freedoms;
(b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights;
(c) The need for rights and obligations to be matched to appropriate aeffective remedies when breached I argue that we need to add something to our next version to take these comment into account.
--- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
Dear Avri Thanks to Jorge for his timely comment: I agree entirely. Copying in my co-chair of the GAC WG on Human Rights and International Law, Milagros Castanon. Kind regards Mark On 17 July 2015 at 10:38, <Jorge.Cancio@bakom.admin.ch> wrote:
Dear Avri,
any reasons for limiting this to policy "creation"? why not extend it to "policy implementation and review/assessment"?
Regards
Jorge Cancio
-----Ursprüngliche Nachricht----- Von: accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] Im Auftrag von Avri Doria Gesendet: Freitag, 17. Juli 2015 11:33 An: accountability-cross-community@icann.org Betreff: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
Hi,
As far as I can tell this fell through the cracks among the various WPs
I am hoping to bring this up during our discussion in Paris. I do not want to let it fall through the cracks especially since it respond to two of the comments on various human rights like freedoms of expression and association. Not quite sure what session it will fit into.
I suggest a final core value that reads:
Work to ensure that ICANN respects human right obligations within its mission, accounts for impact on human rights in policy creation, and adheres to the "Respect, Protect and Remedy" framework developed by the UN.
thanks
avri
On 14-Jul-15 00:27, Avri Doria wrote:
Hi,
In his comment 100 Willie Currie raised the issue of enshrining freedom of expression in the in the core values.
In comment 123 NCSG worte: "We support the addition of respect for Human rights to the core values and support the addition of an obligation for human rights impact analyses for ICANN decisions to the mission. NCSG has consistently recommended that ICANN adopt the "Respect, Protect, and Remedy" framework which was developed for private corporations" this is the framework documented by the UN called *in Guiding Principles on Business and Human Rights *< *http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusines sHR_EN.pdf>*
These Guiding Principles are grounded in recognition of:
(a) States' existing obligations to respect, protect and fulfill human rights and fundamental freedoms;
(b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights;
(c) The need for rights and obligations to be matched to appropriate aeffective remedies when breached I argue that we need to add something to our next version to take these comment into account.
--- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
-- Mark Carvell Global Internet Governance Policy Department for Culture, Media and Sport mark.carvell@culture.gov.uk tel +44 (0) 20 7211 6062
On 17 Jul 2015, at 11:32, Avri Doria <avri@acm.org> wrote:
I suggest a final core value that reads:
Work to ensure that ICANN respects human right obligations within its mission, accounts for impact on human rights in policy creation, and adheres to the "Respect, Protect and Remedy" framework developed by the UN.
Avri, I'm not familiar with that framework. I am aware that many statements and frameworks in this area, including those developed by emanations of the UN, have varying degrees of support and recognition, often with finely balanced nuances as to their applicability. That makes me anxious about specifically identifying one such framework within our Core Values. Would it be possible to omit this last reference, or replace it with something that avoided this concern? Malcolm
I am not in favor of introducing ³human rights² in to the ICANN bylaws, which IMO would dramatically increase its scope as a technical/commercial organization. ICANN is not in a position to either establish or reinforce anyone¹s ³rights². Thanks‹ J. On 7/17/15, 11:32 , "accountability-cross-community-bounces@icann.org on behalf of Avri Doria" <accountability-cross-community-bounces@icann.org on behalf of avri@acm.org> wrote:
Hi,
As far as I can tell this fell through the cracks among the various WPs
I am hoping to bring this up during our discussion in Paris. I do not want to let it fall through the cracks especially since it respond to two of the comments on various human rights like freedoms of expression and association. Not quite sure what session it will fit into.
I suggest a final core value that reads:
Work to ensure that ICANN respects human right obligations within its mission, accounts for impact on human rights in policy creation, and adheres to the "Respect, Protect and Remedy" framework developed by the UN.
thanks
avri
On 14-Jul-15 00:27, Avri Doria wrote:
Hi,
In his comment 100 Willie Currie raised the issue of enshrining freedom of expression in the in the core values.
In comment 123 NCSG worte: "We support the addition of respect for Human rights to the core values and support the addition of an obligation for human rights impact analyses for ICANN decisions to the mission. NCSG has consistently recommended that ICANN adopt the ³Respect, Protect, and Remedy² framework which was developed for private corporations" this is the framework documented by the UN called *in Guiding Principles on Business and Human Rights *<
*http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR _EN.pdf>*
These Guiding Principles are grounded in recognition of:
(a) States¹ existing obligations to respect, protect and fulfill human rights and fundamental freedoms;
(b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights;
(c) The need for rights and obligations to be matched to appropriate aeffective remedies when breached I argue that we need to add something to our next version to take these comment into account.
--- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
Oh, yes, it is. Didn't Egypt turn off their DNS for a few days during the struggles? I would consider this substantial misbehavior... el On 2015-07-17 14:04 , James M. Bladel wrote:
I am not in favor of introducing ³human rights² in to the ICANN bylaws, which IMO would dramatically increase its scope as a technical/commercial organization. ICANN is not in a position to either establish or reinforce anyone¹s ³rights².
Thanks‹
J. [...]
Eberhard, No they did not. The government had the severs in their jurisdiction turned off. Other servers continued to operate and at no time did the ccTLD fail to resolve. Cheers, Chris
On 17 Jul 2015, at 22:11 , Dr Eberhard W Lisse <el@lisse.NA> wrote:
Oh, yes, it is.
Didn't Egypt turn off their DNS for a few days during the struggles?
I would consider this substantial misbehavior...
el
On 2015-07-17 14:04 , James M. Bladel wrote:
I am not in favor of introducing ³human rights² in to the ICANN bylaws, which IMO would dramatically increase its scope as a technical/commercial organization. ICANN is not in a position to either establish or reinforce anyone¹s ³rights².
Thanks‹
J. [...]
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Chris, I wrote: "Didn't Egypt turn off their DNS" (which I equated to substantial misconduct). I did not state that the DNS failed to resolve (security and stability), which, by the way, could and would have happened if all servers had been in their jurisdiction. So I would take your answer as to mean: "Yes they did". :-)-O el On 2015-07-17 14:19 , Chris Disspain wrote:
Eberhard,
No they did not. The government had the severs in their jurisdiction turned off. Other servers continued to operate and at no time did the ccTLD fail to resolve.
Cheers,
Chris [...]
Eberhard - as long as nations practice sovereignty, things like this will happen. ICAN's remit does not extend to ensuring connectivity (access rights) or other such rights in other countries. If it did, we should ave been very active in North Korea for the last 15 years. I am with James. George On Jul 17, 2015, at 2:11 PM, Dr Eberhard W Lisse <el@lisse.NA> wrote:
Oh, yes, it is.
Didn't Egypt turn off their DNS for a few days during the struggles?
I would consider this substantial misbehavior...
el
On 2015-07-17 14:04 , James M. Bladel wrote:
I am not in favor of introducing ³human rights² in to the ICANN bylaws, which IMO would dramatically increase its scope as a technical/commercial organization. ICANN is not in a position to either establish or reinforce anyone¹s ³rights².
Thanks‹
J. [...]
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George, We are not talking about connectivity, we are talking about substantial misconduct (and in a multi-stakeholder environment). However it is quite helpful to know that you set the bar very high. el On 2015-07-17 14:20 , George Sadowsky wrote:
Eberhard -
as long as nations practice sovereignty, things like this will happen. ICAN's remit does not extend to ensuring connectivity (access rights) or other such rights in other countries. If it did, we should ave been very active in North Korea for the last 15 years.
I am with James.
George
On Jul 17, 2015, at 2:11 PM, Dr Eberhard W Lisse <el@lisse.NA> wrote:
Oh, yes, it is.
Didn't Egypt turn off their DNS for a few days during the struggles?
I would consider this substantial misbehavior...
el
On 2015-07-17 14:04 , James M. Bladel wrote:
I am not in favor of introducing ³human rights² in to the ICANN bylaws, which IMO would dramatically increase its scope as a technical/commercial organization. ICANN is not in a position to either establish or reinforce anyone¹s ³rights².
Thanks‹
J. [...]
Hi, This speaks of Human Rights impact within ICANN mission. It does not expand the scope one time little bit. It just saws that within our scope we need to be aware of the impact of our policies and actions on human rights. And that when we see that we are injuring those rights, we do something to fix it. avri On 17-Jul-15 14:04, James M. Bladel wrote:
I am not in favor of introducing ³human rights² in to the ICANN bylaws, which IMO would dramatically increase its scope as a technical/commercial organization. ICANN is not in a position to either establish or reinforce anyone¹s ³rights².
Thanks‹
J.
On 7/17/15, 11:32 , "accountability-cross-community-bounces@icann.org on behalf of Avri Doria" <accountability-cross-community-bounces@icann.org on behalf of avri@acm.org> wrote:
Hi,
As far as I can tell this fell through the cracks among the various WPs
I am hoping to bring this up during our discussion in Paris. I do not want to let it fall through the cracks especially since it respond to two of the comments on various human rights like freedoms of expression and association. Not quite sure what session it will fit into.
I suggest a final core value that reads: Work to ensure that ICANN respects human right obligations within its mission, accounts for impact on human rights in policy creation, and adheres to the "Respect, Protect and Remedy" framework developed by the UN.
thanks
avri
On 14-Jul-15 00:27, Avri Doria wrote:
Hi,
In his comment 100 Willie Currie raised the issue of enshrining freedom of expression in the in the core values.
In comment 123 NCSG worte: "We support the addition of respect for Human rights to the core values and support the addition of an obligation for human rights impact analyses for ICANN decisions to the mission. NCSG has consistently recommended that ICANN adopt the ³Respect, Protect, and Remedy² framework which was developed for private corporations" this is the framework documented by the UN called *in Guiding Principles on Business and Human Rights *<
*http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR _EN.pdf>*
These Guiding Principles are grounded in recognition of:
(a) States¹ existing obligations to respect, protect and fulfill human rights and fundamental freedoms;
(b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights;
(c) The need for rights and obligations to be matched to appropriate aeffective remedies when breached I argue that we need to add something to our next version to take these comment into account.
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_______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
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Hi all I support Avri's text and think it would be important to have it included in ICANN's Bylaws because the Human Rights framework is one of the most important forms of accountability globally. As ICANN embarks further into global multi-stakeholder space, having a clear commitment to human rights would be an important signal of the change that is being undertaken. As the USG relinquishes its stewardship , role, it is important to show that ICANN endorses human rights in its policy and practices as a form of global accountability. I agree that the text should not make specific references to the UN `Respect, Protect and Remedy' framework - that would be something for the Community and Board to endorse, if so decided. Including human rights in its Bylaws does not imply any increase in scope or any role as an enforcer of human rights - it simply requires that within its limited technical and commercial mission, ICANN commits to adhere to human rights in its policy and practices. It does not mean that ICANN would get involved in content regulation or any other matter beyond its scope. Including human rights is a simple way of indicating that ICANN will behave in a way that respects human rights. So perhaps the text could read: Work to ensure that ICANN respects human rights within its mission and accounts for the impact on human rights in its policy creation, policy implementation, review and assessment. Willie On Fri, Jul 17, 2015 at 4:01 PM, Avri Doria <avri@acm.org> wrote:
Hi,
This speaks of Human Rights impact within ICANN mission.
It does not expand the scope one time little bit. It just saws that within our scope we need to be aware of the impact of our policies and actions on human rights. And that when we see that we are injuring those rights, we do something to fix it.
avri
On 17-Jul-15 14:04, James M. Bladel wrote:
I am not in favor of introducing ³human rights² in to the ICANN bylaws, which IMO would dramatically increase its scope as a technical/commercial organization. ICANN is not in a position to either establish or reinforce anyone¹s ³rights².
Thanks‹
J.
On 7/17/15, 11:32 , "accountability-cross-community-bounces@icann.org on behalf of Avri Doria" <accountability-cross-community-bounces@icann.org on behalf of avri@acm.org> wrote:
Hi,
As far as I can tell this fell through the cracks among the various WPs
I am hoping to bring this up during our discussion in Paris. I do not want to let it fall through the cracks especially since it respond to two of the comments on various human rights like freedoms of expression and association. Not quite sure what session it will fit into.
I suggest a final core value that reads: Work to ensure that ICANN respects human right obligations within its mission, accounts for impact on human rights in policy creation, and adheres to the "Respect, Protect and Remedy" framework developed by the UN.
thanks
avri
On 14-Jul-15 00:27, Avri Doria wrote:
Hi,
In his comment 100 Willie Currie raised the issue of enshrining freedom of expression in the in the core values.
In comment 123 NCSG worte: "We support the addition of respect for Human rights to the core values and support the addition of an obligation for human rights impact analyses for ICANN decisions to the mission. NCSG has consistently recommended that ICANN adopt the ³Respect, Protect, and Remedy² framework which was developed for private corporations" this is the framework documented by the UN called *in Guiding Principles on Business and Human Rights *<
* http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR _EN.pdf>*
These Guiding Principles are grounded in recognition of:
(a) States¹ existing obligations to respect, protect and fulfill human rights and fundamental freedoms;
(b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights;
(c) The need for rights and obligations to be matched to appropriate aeffective remedies when breached I argue that we need to add something to our next version to take these comment into account.
--- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
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I agree with James, until ICANN gets a new mission beyond its narrow technical functions. And I think it shouldn't expand its mission for the time being. Carlos Raúl On Jul 17, 2015 6:05 AM, "James M. Bladel" <jbladel@godaddy.com> wrote:
I am not in favor of introducing ³human rights² in to the ICANN bylaws, which IMO would dramatically increase its scope as a technical/commercial organization. ICANN is not in a position to either establish or reinforce anyone¹s ³rights².
Thanks‹
J.
On 7/17/15, 11:32 , "accountability-cross-community-bounces@icann.org on behalf of Avri Doria" <accountability-cross-community-bounces@icann.org on behalf of avri@acm.org> wrote:
Hi,
As far as I can tell this fell through the cracks among the various WPs
I am hoping to bring this up during our discussion in Paris. I do not want to let it fall through the cracks especially since it respond to two of the comments on various human rights like freedoms of expression and association. Not quite sure what session it will fit into.
I suggest a final core value that reads:
Work to ensure that ICANN respects human right obligations within its mission, accounts for impact on human rights in policy creation, and adheres to the "Respect, Protect and Remedy" framework developed by the UN.
thanks
avri
On 14-Jul-15 00:27, Avri Doria wrote:
Hi,
In his comment 100 Willie Currie raised the issue of enshrining freedom of expression in the in the core values.
In comment 123 NCSG worte: "We support the addition of respect for Human rights to the core values and support the addition of an obligation for human rights impact analyses for ICANN decisions to the mission. NCSG has consistently recommended that ICANN adopt the ³Respect, Protect, and Remedy² framework which was developed for private corporations" this is the framework documented by the UN called *in Guiding Principles on Business and Human Rights *<
* http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR _EN.pdf>*
These Guiding Principles are grounded in recognition of:
(a) States¹ existing obligations to respect, protect and fulfill human rights and fundamental freedoms;
(b) The role of business enterprises as specialized organs of society performing specialized functions, required to comply with all applicable laws and to respect human rights;
(c) The need for rights and obligations to be matched to appropriate aeffective remedies when breached I argue that we need to add something to our next version to take these comment into account.
--- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus
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Hi, As I have tried to explain several times. I am not suggesting that ICANN missions be expanded. But rather that ICANN be aware of, and adhere to, its obligations to Human Rights within its mission, especially that of understanding the impact of its policies on human rights and to redress any wrongs, however unlikely, it may perpetrate on those human Rights. avri On 18-Jul-15 13:29, Carlos Raul Gutierrez wrote:
I agree with James, until ICANN gets a new mission beyond its narrow technical functions. And I think it shouldn't expand its mission for the time being.
Carlos Raúl
On Jul 17, 2015 6:05 AM, "James M. Bladel" <jbladel@godaddy.com <mailto:jbladel@godaddy.com>> wrote:
I am not in favor of introducing ³human rights² in to the ICANN bylaws, which IMO would dramatically increase its scope as a technical/commercial organization. ICANN is not in a position to either establish or reinforce anyone¹s ³rights².
Thanks‹
J.
On 7/17/15, 11:32 , "accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> on behalf of Avri Doria" <accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> on behalf of avri@acm.org <mailto:avri@acm.org>> wrote:
>Hi, > >As far as I can tell this fell through the cracks among the various WPs > >I am hoping to bring this up during our discussion in Paris. I do not >want to let it fall >through the cracks especially since it respond to two of the comments on >various human rights like freedoms of expression and association. Not >quite sure what session it will fit into. > >I suggest a final core value that reads: >> > >Work to ensure that ICANN respects human right obligations within its >mission, accounts for impact on human rights in policy creation, and >adheres to the "Respect, Protect and Remedy" framework developed by the >UN. > >> > >thanks > >avri > >> On 14-Jul-15 00:27, Avri Doria wrote: >>> Hi, >>> >>> In his comment 100 Willie Currie raised the issue of enshrining freedom >>> of expression in the in the core values. >>> >>> In comment 123 NCSG worte: "We support the addition of respect for >>>Human >>> rights to the core values and support the addition of an obligation for >>> human rights impact analyses for ICANN decisions to the mission. NCSG >>> has consistently recommended that ICANN adopt the ³Respect, Protect, >>>and >>> Remedy² framework which was developed for private corporations" this >>>is >>> the framework documented by the UN called *in Guiding Principles on >>> Business and Human Rights *< >>> >>>*http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR >>>_EN.pdf>* >>> >>> >>> These Guiding Principles are grounded in recognition of: >>> >>> (a) States¹ existing obligations to respect, protect and fulfill human >>> rights and fundamental freedoms; >>> >>> (b) The role of business enterprises as specialized organs of society >>> performing specialized functions, required to comply with all >>>applicable laws and to respect human rights; >>> >>> (c) The need for rights and obligations to be matched to appropriate >>>aeffective remedies when breached >> I argue that we need to add something to our next version to take these >> comment into account. > > > > > > > >--- >This email has been checked for viruses by Avast antivirus software. >https://www.avast.com/antivirus > >_______________________________________________ >Accountability-Cross-Community mailing list >Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> >https://mm.icann.org/mailman/listinfo/accountability-cross-community
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participants (10)
-
Avri Doria -
Carlos Raul Gutierrez -
Chris Disspain -
Dr Eberhard W Lisse -
George Sadowsky -
James M. Bladel -
Jorge.Cancio＠bakom.admin.ch -
Malcolm Hutty -
Mark Carvell -
william currie