Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
The Universal Declaration of Human Rights is the standard. In terms of criteria, the `Protect, Respect and Remedy' framwork has useful suggestions such as: - The responsibility to respect human rights would require ICANN to avoid causing or contributing to adverse human rights impacts through their own activities and address such impacts when they occur. - To meet this responsibility, ICANN would put in place policies and processes appropriate to ICANN's mission that could include: a) policy commitment to meet its responsibility regarding human rights b) a human rights due diligence process to identify, prevent, mitigate and account for how they address its impact on human rights c) processes to enable remediation of any adverse human rights impacts it causes. These policies and processes could serve to enhance ICANN's accountability to a universal standard and if handled well, contribute to ICANN's legitimacy in a multi-stakeholder global space. Part of the importance of the IANA transition is that it makes ICANN a fully multi-stakeholder body, no longer anchored by the USG. Adherence to the primary human rights standard would help allay some of the anxiety regarding ICANN's global accountability post-transition. On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher <cwilson@21cf.com> wrote:
“Human rights” as defined by who/what? And what criteria, if any, would ICANN use to ensure it is not running afoul of human rights?
*From:* accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] *On Behalf Of *william currie *Sent:* Friday, July 17, 2015 10:36 AM *To:* Avri Doria *Cc:* accountability-cross-community@icann.org *Subject:* Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
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.
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I am more than sympathetic with the cause of human rights. However, I don't think this is the right time and place for this proposal, especially given where we are in our timeline. I am also far from certain this is the right proposal, or even the right type of proposal for dealing with human rights concerns within the structure, work and remit of ICANN. Judging from even the brief discussion here, there are quite a number of variables and inputs to be considered. This is not something to be adopted hastily and without thoughtful study and deliberation. As proposed, it would have wide ranging implications to policy creation, policy implementation and policy assessment, and it would apparently spawn due diligence and impact assessment protocols. We have no real idea of the impact this would have on ICANN activities, how it balances and interacts with other rights and concerns, etc., etc. As such, I believe it is not appropriate for WS1. Frankly, I don't think this is appropriate for the CCWG, even in WS2. This deserves a dedicated group of its own -- a full multistakeholder examination in a group purposely chartered, organized and charged with looking at how human rights concerns should be dealt with at ICANN. There are at least two efforts within ICANN looking at issues relating to human rights and ICANN, both relatively new. There is not yet any formal multistakeholder group chartered to begin examining these issues. Perhaps there should be one -- that would be an appropriate place to begin the efforts to give these issues due consideration, not here. Greg On Fri, Jul 17, 2015 at 12:03 PM, william currie <willie.currie@gmail.com> wrote:
The Universal Declaration of Human Rights is the standard.
In terms of criteria, the `Protect, Respect and Remedy' framwork has useful suggestions such as:
- The responsibility to respect human rights would require ICANN to avoid causing or contributing to adverse human rights impacts through their own activities and address such impacts when they occur.
- To meet this responsibility, ICANN would put in place policies and processes appropriate to ICANN's mission that could include:
a) policy commitment to meet its responsibility regarding human rights b) a human rights due diligence process to identify, prevent, mitigate and account for how they address its impact on human rights c) processes to enable remediation of any adverse human rights impacts it causes.
These policies and processes could serve to enhance ICANN's accountability to a universal standard and if handled well, contribute to ICANN's legitimacy in a multi-stakeholder global space. Part of the importance of the IANA transition is that it makes ICANN a fully multi-stakeholder body, no longer anchored by the USG. Adherence to the primary human rights standard would help allay some of the anxiety regarding ICANN's global accountability post-transition.
On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher <cwilson@21cf.com> wrote:
“Human rights” as defined by who/what? And what criteria, if any, would ICANN use to ensure it is not running afoul of human rights?
*From:* accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] *On Behalf Of *william currie *Sent:* Friday, July 17, 2015 10:36 AM *To:* Avri Doria *Cc:* accountability-cross-community@icann.org *Subject:* Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
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.
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Well, it seems to me that ICANN is going through a `constitutional moment' with structural and normative changes consonant with its new status as a fully multi-stakeholder body in the global public sphere. So signalling this shift is important and deferring the human rights issue may be an opportunity missed, especially with the still vexed issue of how the ICANN community accounts to the global Internet community. Clearly the representative route to global accountability with individual membership is fraught with difficulty. So accountability via a global human rights standard is a way of anchoring ICANN's accountability globally - normative accountability, in other words. A dedicated group could be set up to explore how a new human rights bylaw could be implemented within ICANN rather than whether ICANN should subscribe to a human rights framework. On Sat, Jul 18, 2015 at 5:41 AM, Greg Shatan <gregshatanipc@gmail.com> wrote:
I am more than sympathetic with the cause of human rights. However, I don't think this is the right time and place for this proposal, especially given where we are in our timeline. I am also far from certain this is the right proposal, or even the right type of proposal for dealing with human rights concerns within the structure, work and remit of ICANN. Judging from even the brief discussion here, there are quite a number of variables and inputs to be considered.
This is not something to be adopted hastily and without thoughtful study and deliberation. As proposed, it would have wide ranging implications to policy creation, policy implementation and policy assessment, and it would apparently spawn due diligence and impact assessment protocols. We have no real idea of the impact this would have on ICANN activities, how it balances and interacts with other rights and concerns, etc., etc.
As such, I believe it is not appropriate for WS1. Frankly, I don't think this is appropriate for the CCWG, even in WS2. This deserves a dedicated group of its own -- a full multistakeholder examination in a group purposely chartered, organized and charged with looking at how human rights concerns should be dealt with at ICANN. There are at least two efforts within ICANN looking at issues relating to human rights and ICANN, both relatively new. There is not yet any formal multistakeholder group chartered to begin examining these issues. Perhaps there should be one -- that would be an appropriate place to begin the efforts to give these issues due consideration, not here.
Greg
On Fri, Jul 17, 2015 at 12:03 PM, william currie <willie.currie@gmail.com> wrote:
The Universal Declaration of Human Rights is the standard.
In terms of criteria, the `Protect, Respect and Remedy' framwork has useful suggestions such as:
- The responsibility to respect human rights would require ICANN to avoid causing or contributing to adverse human rights impacts through their own activities and address such impacts when they occur.
- To meet this responsibility, ICANN would put in place policies and processes appropriate to ICANN's mission that could include:
a) policy commitment to meet its responsibility regarding human rights b) a human rights due diligence process to identify, prevent, mitigate and account for how they address its impact on human rights c) processes to enable remediation of any adverse human rights impacts it causes.
These policies and processes could serve to enhance ICANN's accountability to a universal standard and if handled well, contribute to ICANN's legitimacy in a multi-stakeholder global space. Part of the importance of the IANA transition is that it makes ICANN a fully multi-stakeholder body, no longer anchored by the USG. Adherence to the primary human rights standard would help allay some of the anxiety regarding ICANN's global accountability post-transition.
On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher <cwilson@21cf.com> wrote:
“Human rights” as defined by who/what? And what criteria, if any, would ICANN use to ensure it is not running afoul of human rights?
*From:* accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] *On Behalf Of *william currie *Sent:* Friday, July 17, 2015 10:36 AM *To:* Avri Doria *Cc:* accountability-cross-community@icann.org *Subject:* Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
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.
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I'm in full agreement with Greg's considerations. It is too serious an issue to rush it in a narrowly determined stewardship transition. Paradoxically it may be easier to deal with it when we have less influence of the US Government. Carlos Raúl Gutiérrez On Jul 17, 2015 9:43 PM, "Greg Shatan" <gregshatanipc@gmail.com> wrote:
I am more than sympathetic with the cause of human rights. However, I don't think this is the right time and place for this proposal, especially given where we are in our timeline. I am also far from certain this is the right proposal, or even the right type of proposal for dealing with human rights concerns within the structure, work and remit of ICANN. Judging from even the brief discussion here, there are quite a number of variables and inputs to be considered.
This is not something to be adopted hastily and without thoughtful study and deliberation. As proposed, it would have wide ranging implications to policy creation, policy implementation and policy assessment, and it would apparently spawn due diligence and impact assessment protocols. We have no real idea of the impact this would have on ICANN activities, how it balances and interacts with other rights and concerns, etc., etc.
As such, I believe it is not appropriate for WS1. Frankly, I don't think this is appropriate for the CCWG, even in WS2. This deserves a dedicated group of its own -- a full multistakeholder examination in a group purposely chartered, organized and charged with looking at how human rights concerns should be dealt with at ICANN. There are at least two efforts within ICANN looking at issues relating to human rights and ICANN, both relatively new. There is not yet any formal multistakeholder group chartered to begin examining these issues. Perhaps there should be one -- that would be an appropriate place to begin the efforts to give these issues due consideration, not here.
Greg
On Fri, Jul 17, 2015 at 12:03 PM, william currie <willie.currie@gmail.com> wrote:
The Universal Declaration of Human Rights is the standard.
In terms of criteria, the `Protect, Respect and Remedy' framwork has useful suggestions such as:
- The responsibility to respect human rights would require ICANN to avoid causing or contributing to adverse human rights impacts through their own activities and address such impacts when they occur.
- To meet this responsibility, ICANN would put in place policies and processes appropriate to ICANN's mission that could include:
a) policy commitment to meet its responsibility regarding human rights b) a human rights due diligence process to identify, prevent, mitigate and account for how they address its impact on human rights c) processes to enable remediation of any adverse human rights impacts it causes.
These policies and processes could serve to enhance ICANN's accountability to a universal standard and if handled well, contribute to ICANN's legitimacy in a multi-stakeholder global space. Part of the importance of the IANA transition is that it makes ICANN a fully multi-stakeholder body, no longer anchored by the USG. Adherence to the primary human rights standard would help allay some of the anxiety regarding ICANN's global accountability post-transition.
On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher <cwilson@21cf.com> wrote:
“Human rights” as defined by who/what? And what criteria, if any, would ICANN use to ensure it is not running afoul of human rights?
*From:* accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] *On Behalf Of *william currie *Sent:* Friday, July 17, 2015 10:36 AM *To:* Avri Doria *Cc:* accountability-cross-community@icann.org *Subject:* Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
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.
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Hi, On the contrary it is quite simple. as a core value to respect human right in our activities. We need to honor our human rights commitment, as defined in the declarations and covenants, and be aware of our impact on those rights. Doing it may be challenging, but understanding the commitment as a core value should be rather easy. avri On 18-Jul-15 13:34, Carlos Raul Gutierrez wrote:
I'm in full agreement with Greg's considerations. It is too serious an issue to rush it in a narrowly determined stewardship transition. Paradoxically it may be easier to deal with it when we have less influence of the US Government.
Carlos Raúl Gutiérrez
On Jul 17, 2015 9:43 PM, "Greg Shatan" <gregshatanipc@gmail.com <mailto:gregshatanipc@gmail.com>> wrote:
I am more than sympathetic with the cause of human rights. However, I don't think this is the right time and place for this proposal, especially given where we are in our timeline. I am also far from certain this is the right proposal, or even the right type of proposal for dealing with human rights concerns within the structure, work and remit of ICANN. Judging from even the brief discussion here, there are quite a number of variables and inputs to be considered.
This is not something to be adopted hastily and without thoughtful study and deliberation. As proposed, it would have wide ranging implications to policy creation, policy implementation and policy assessment, and it would apparently spawn due diligence and impact assessment protocols. We have no real idea of the impact this would have on ICANN activities, how it balances and interacts with other rights and concerns, etc., etc.
As such, I believe it is not appropriate for WS1. Frankly, I don't think this is appropriate for the CCWG, even in WS2. This deserves a dedicated group of its own -- a full multistakeholder examination in a group purposely chartered, organized and charged with looking at how human rights concerns should be dealt with at ICANN. There are at least two efforts within ICANN looking at issues relating to human rights and ICANN, both relatively new. There is not yet any formal multistakeholder group chartered to begin examining these issues. Perhaps there should be one -- that would be an appropriate place to begin the efforts to give these issues due consideration, not here.
Greg
On Fri, Jul 17, 2015 at 12:03 PM, william currie <willie.currie@gmail.com <mailto:willie.currie@gmail.com>> wrote:
The Universal Declaration of Human Rights is the standard.
In terms of criteria, the `Protect, Respect and Remedy' framwork has useful suggestions such as:
- The responsibility to respect human rights would require ICANN to avoid causing or contributing to adverse human rights impacts through their own activities and address such impacts when they occur.
- To meet this responsibility, ICANN would put in place policies and processes appropriate to ICANN's mission that could include:
a) policy commitment to meet its responsibility regarding human rights b) a human rights due diligence process to identify, prevent, mitigate and account for how they address its impact on human rights c) processes to enable remediation of any adverse human rights impacts it causes.
These policies and processes could serve to enhance ICANN's accountability to a universal standard and if handled well, contribute to ICANN's legitimacy in a multi-stakeholder global space. Part of the importance of the IANA transition is that it makes ICANN a fully multi-stakeholder body, no longer anchored by the USG. Adherence to the primary human rights standard would help allay some of the anxiety regarding ICANN's global accountability post-transition.
On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher <cwilson@21cf.com <mailto:cwilson@21cf.com>> wrote:
“Human rights” as defined by who/what? And what criteria, if any, would ICANN use to ensure it is not running afoul of human rights?
*From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org>] *On Behalf Of *william currie *Sent:* Friday, July 17, 2015 10:36 AM *To:* Avri Doria *Cc:* accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> *Subject:* Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
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 <mailto: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 <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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ICANN already has a legal obligation to do this,under California Law. This was explicitly highlighted by the learned panelist in a previous, controversial IRP case. But ICANN did nothing. Rod Beckstrom pooh-poohed the idea of fundmental rights being relevant. Fadi agreed but failed to do anything. Failure to make ICANN accountable to accepted norms of fundamental rights lays it's ethis open to capture by governments or other organisation who do not respect fundamental rights. Let me put it this way, Art.1, Prot 1, ECHR protects the rights of corporations to their intellectual property. Who could argue that ICANN should NOT take this right into account?? (There are other fundamental rights that it has been much less able to cope with, of course). Nigel On 07/18/2015 01:16 PM, Avri Doria wrote:
Hi,
On the contrary it is quite simple. as a core value to respect human right in our activities.
We need to honor our human rights commitment, as defined in the declarations and covenants, and be aware of our impact on those rights. Doing it may be challenging, but understanding the commitment as a core value should be rather easy.
avri
On 18-Jul-15 13:34, Carlos Raul Gutierrez wrote:
I'm in full agreement with Greg's considerations. It is too serious an issue to rush it in a narrowly determined stewardship transition. Paradoxically it may be easier to deal with it when we have less influence of the US Government.
Carlos Raúl Gutiérrez
On Jul 17, 2015 9:43 PM, "Greg Shatan" <gregshatanipc@gmail.com <mailto:gregshatanipc@gmail.com>> wrote:
I am more than sympathetic with the cause of human rights. However, I don't think this is the right time and place for this proposal, especially given where we are in our timeline. I am also far from certain this is the right proposal, or even the right type of proposal for dealing with human rights concerns within the structure, work and remit of ICANN. Judging from even the brief discussion here, there are quite a number of variables and inputs to be considered.
This is not something to be adopted hastily and without thoughtful study and deliberation. As proposed, it would have wide ranging implications to policy creation, policy implementation and policy assessment, and it would apparently spawn due diligence and impact assessment protocols. We have no real idea of the impact this would have on ICANN activities, how it balances and interacts with other rights and concerns, etc., etc.
As such, I believe it is not appropriate for WS1. Frankly, I don't think this is appropriate for the CCWG, even in WS2. This deserves a dedicated group of its own -- a full multistakeholder examination in a group purposely chartered, organized and charged with looking at how human rights concerns should be dealt with at ICANN. There are at least two efforts within ICANN looking at issues relating to human rights and ICANN, both relatively new. There is not yet any formal multistakeholder group chartered to begin examining these issues. Perhaps there should be one -- that would be an appropriate place to begin the efforts to give these issues due consideration, not here.
Greg
On Fri, Jul 17, 2015 at 12:03 PM, william currie <willie.currie@gmail.com <mailto:willie.currie@gmail.com>> wrote:
The Universal Declaration of Human Rights is the standard.
In terms of criteria, the `Protect, Respect and Remedy' framwork has useful suggestions such as:
- The responsibility to respect human rights would require ICANN to avoid causing or contributing to adverse human rights impacts through their own activities and address such impacts when they occur.
- To meet this responsibility, ICANN would put in place policies and processes appropriate to ICANN's mission that could include:
a) policy commitment to meet its responsibility regarding human rights b) a human rights due diligence process to identify, prevent, mitigate and account for how they address its impact on human rights c) processes to enable remediation of any adverse human rights impacts it causes.
These policies and processes could serve to enhance ICANN's accountability to a universal standard and if handled well, contribute to ICANN's legitimacy in a multi-stakeholder global space. Part of the importance of the IANA transition is that it makes ICANN a fully multi-stakeholder body, no longer anchored by the USG. Adherence to the primary human rights standard would help allay some of the anxiety regarding ICANN's global accountability post-transition.
On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher <cwilson@21cf.com <mailto:cwilson@21cf.com>> wrote:
“Human rights” as defined by who/what? And what criteria, if any, would ICANN use to ensure it is not running afoul of human rights?
*From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org>] *On Behalf Of *william currie *Sent:* Friday, July 17, 2015 10:36 AM *To:* Avri Doria *Cc:* accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> *Subject:* Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
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 <mailto: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 <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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This message and its attachments may contain legally privileged or confidential information. It is intended solely for the named addressee. If you are not the addressee indicated in this message (or responsible for delivery of the message to the addressee), you may not copy or deliver this message or its attachments to anyone. Rather, you should permanently delete this message and its attachments and kindly notify the sender by reply e-mail. Any content of this message and its attachments that does not relate to the official business of Twenty-First Century Fox, Inc. or its subsidiaries must be taken not to have been sent or endorsed by any of them. No representation is made that this email or its attachments are without defect.
_______________________________________________ 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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Nigel - do you happen to have the language in the statute handy? J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz / www.neustar.biz On 7/18/15, 5:49 PM, "Nigel Roberts" <nigel@channelisles.net> wrote:
ICANN already has a legal obligation to do this,under California Law.
This was explicitly highlighted by the learned panelist in a previous, controversial IRP case.
But ICANN did nothing.
Rod Beckstrom pooh-poohed the idea of fundmental rights being relevant. Fadi agreed but failed to do anything.
Failure to make ICANN accountable to accepted norms of fundamental rights lays it's ethis open to capture by governments or other organisation who do not respect fundamental rights.
Let me put it this way, Art.1, Prot 1, ECHR protects the rights of corporations to their intellectual property. Who could argue that ICANN should NOT take this right into account?? (There are other fundamental rights that it has been much less able to cope with, of course).
Nigel
On 07/18/2015 01:16 PM, Avri Doria wrote:
Hi,
On the contrary it is quite simple. as a core value to respect human right in our activities.
We need to honor our human rights commitment, as defined in the declarations and covenants, and be aware of our impact on those rights. Doing it may be challenging, but understanding the commitment as a core value should be rather easy.
avri
On 18-Jul-15 13:34, Carlos Raul Gutierrez wrote:
I'm in full agreement with Greg's considerations. It is too serious an issue to rush it in a narrowly determined stewardship transition. Paradoxically it may be easier to deal with it when we have less influence of the US Government.
Carlos Raúl Gutiérrez
On Jul 17, 2015 9:43 PM, "Greg Shatan" <gregshatanipc@gmail.com <mailto:gregshatanipc@gmail.com>> wrote:
I am more than sympathetic with the cause of human rights. However, I don't think this is the right time and place for this proposal, especially given where we are in our timeline. I am also far from certain this is the right proposal, or even the right type of proposal for dealing with human rights concerns within the structure, work and remit of ICANN. Judging from even the brief discussion here, there are quite a number of variables and inputs to be considered.
This is not something to be adopted hastily and without thoughtful study and deliberation. As proposed, it would have wide ranging implications to policy creation, policy implementation and policy assessment, and it would apparently spawn due diligence and impact assessment protocols. We have no real idea of the impact this would have on ICANN activities, how it balances and interacts with other rights and concerns, etc., etc.
As such, I believe it is not appropriate for WS1. Frankly, I don't think this is appropriate for the CCWG, even in WS2. This deserves a dedicated group of its own -- a full multistakeholder examination in a group purposely chartered, organized and charged with looking at how human rights concerns should be dealt with at ICANN. There are at least two efforts within ICANN looking at issues relating to human rights and ICANN, both relatively new. There is not yet any formal multistakeholder group chartered to begin examining these issues. Perhaps there should be one -- that would be an appropriate place to begin the efforts to give these issues due consideration, not here.
Greg
On Fri, Jul 17, 2015 at 12:03 PM, william currie <willie.currie@gmail.com <mailto:willie.currie@gmail.com>> wrote:
The Universal Declaration of Human Rights is the standard.
In terms of criteria, the `Protect, Respect and Remedy' framwork has useful suggestions such as:
- The responsibility to respect human rights would require ICANN to avoid causing or contributing to adverse human rights impacts through their own activities and address such impacts when they occur.
- To meet this responsibility, ICANN would put in place policies and processes appropriate to ICANN's mission that could include:
a) policy commitment to meet its responsibility regarding human rights b) a human rights due diligence process to identify, prevent, mitigate and account for how they address its impact on human rights c) processes to enable remediation of any adverse human rights impacts it causes.
These policies and processes could serve to enhance ICANN's accountability to a universal standard and if handled well, contribute to ICANN's legitimacy in a multi-stakeholder global space. Part of the importance of the IANA transition is that it makes ICANN a fully multi-stakeholder body, no longer anchored by the USG. Adherence to the primary human rights standard would help allay some of the anxiety regarding ICANN's global accountability post-transition.
On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher <cwilson@21cf.com <mailto:cwilson@21cf.com>> wrote:
“Human rights” as defined by who/what? And what criteria, if any, would ICANN use to ensure it is not running afoul of human rights?
*From:*accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org> [mailto:accountability-cross-community-bounces@icann.org <mailto:accountability-cross-community-bounces@icann.org>] *On Behalf Of *william currie *Sent:* Friday, July 17, 2015 10:36 AM *To:* Avri Doria *Cc:* accountability-cross-community@icann.org <mailto:accountability-cross-community@icann.org> *Subject:* Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
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 <mailto: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
<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 *< >>>> >>>>
*https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ohchr.org_Docum ents_Publications_GuidingPrinciplesBusinessHR&d=AwIGaQ&c=MOptNlVtIETeDAL C_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=pw-YLSXwFVf8QolF 9R7jdA9Li69aIPxcJCPlJiGorHg&s=-DsAVzT0PWA5-tXfmUyUa2aENYRdeWAnwt6bxoT3Sl 4&e= >>>> _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://urldefense.proofpoint.com/v2/url?u=https-3A__www.avast.com_antiv irus&d=AwIGaQ&c=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYa hOP8WDDkMr4k&m=pw-YLSXwFVf8QolF9R7jdA9Li69aIPxcJCPlJiGorHg&s=PAZ4dykb1BB nTbQUIm_CvucW4KKltSVBeb8HDvlzdf0&e= >> >> _______________________________________________ >> Accountability-Cross-Community mailing list >> Accountability-Cross-Community@icann.org <mailto:Accountability-Cross-Community@icann.org> >>
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Becky: It's Article 4 of the Articles of Incorporation. In ICM -v- ICANN, HHJ Tevrizian (retd.) wrote
140. In the view of the Panel, ICANN, in carrying out its activities “in conformity with the relevant principles of international law,” is charged with acting consistently with relevant principles of international law, including the general principles of law recognized as a source of international law.
That follows from the terms of Article 4 of its Articles of Incorporation and from the intentions that animated their inclusion in the Articles, an intention that the Panel understands to have been to subject ICANN to relevant international legal principles because of its governance of an intrinsically international resource of immense importance to global communications and economies. Those intentions might not be realized were Article 4 interpreted to exclude the applicability of general principles of law.
Now were this a judgment in a common-law jurisdiction, one might concede that the above remarks of Judge Tevrizian are persuasive rather than binding precedent (but that was always going be the case anyway, as it isn't a court judgment; rather a decision in an arbitration). Nonetheless, the eminence and experience of the author, coupled with what clearly is his very high-level of understanding of ICANN and its role leads me to believe this is an accurate construction of the meaning of Art. 4, and I so submit.
ICANN is already seized by human rights issues. For example, there are seven articles in the Universal Declaration of Human Rights that ICANN engages with: - Article 2: non-discrimination - Article 7: equality before the law - Article 10: full equality to a fair and public hearing by an independent and impartial tribunal in determination of a person's rights and obligations - Article 12: no arbitrary interference with privacy - Article 17: protection of property rights - Article 19: freedom of expression - Article 20: freedom of association The value from an accountability point of view is that it provides an external standard to measure ICANN's performance in these areas and to remedy any shortcomings. Articles 2, 7 & 10 are clearly applicable to the IRP. Article 12 to the WHOIS issue. Article 17 to trademark issues. Article 19 to debates about new gTLD strings. Article 20 to the maintenance of a open, secure Internet for all. Committing to the Universal Declaration gives ICANN a form of external accountability - normative accountability to a global standard - for something ICANN is already seized with. On Sat, Jul 18, 2015 at 1:34 PM, Carlos Raul Gutierrez <crg@isoc-cr.org> wrote:
I'm in full agreement with Greg's considerations. It is too serious an issue to rush it in a narrowly determined stewardship transition. Paradoxically it may be easier to deal with it when we have less influence of the US Government.
Carlos Raúl Gutiérrez On Jul 17, 2015 9:43 PM, "Greg Shatan" <gregshatanipc@gmail.com> wrote:
I am more than sympathetic with the cause of human rights. However, I don't think this is the right time and place for this proposal, especially given where we are in our timeline. I am also far from certain this is the right proposal, or even the right type of proposal for dealing with human rights concerns within the structure, work and remit of ICANN. Judging from even the brief discussion here, there are quite a number of variables and inputs to be considered.
This is not something to be adopted hastily and without thoughtful study and deliberation. As proposed, it would have wide ranging implications to policy creation, policy implementation and policy assessment, and it would apparently spawn due diligence and impact assessment protocols. We have no real idea of the impact this would have on ICANN activities, how it balances and interacts with other rights and concerns, etc., etc.
As such, I believe it is not appropriate for WS1. Frankly, I don't think this is appropriate for the CCWG, even in WS2. This deserves a dedicated group of its own -- a full multistakeholder examination in a group purposely chartered, organized and charged with looking at how human rights concerns should be dealt with at ICANN. There are at least two efforts within ICANN looking at issues relating to human rights and ICANN, both relatively new. There is not yet any formal multistakeholder group chartered to begin examining these issues. Perhaps there should be one -- that would be an appropriate place to begin the efforts to give these issues due consideration, not here.
Greg
On Fri, Jul 17, 2015 at 12:03 PM, william currie <willie.currie@gmail.com
wrote:
The Universal Declaration of Human Rights is the standard.
In terms of criteria, the `Protect, Respect and Remedy' framwork has useful suggestions such as:
- The responsibility to respect human rights would require ICANN to avoid causing or contributing to adverse human rights impacts through their own activities and address such impacts when they occur.
- To meet this responsibility, ICANN would put in place policies and processes appropriate to ICANN's mission that could include:
a) policy commitment to meet its responsibility regarding human rights b) a human rights due diligence process to identify, prevent, mitigate and account for how they address its impact on human rights c) processes to enable remediation of any adverse human rights impacts it causes.
These policies and processes could serve to enhance ICANN's accountability to a universal standard and if handled well, contribute to ICANN's legitimacy in a multi-stakeholder global space. Part of the importance of the IANA transition is that it makes ICANN a fully multi-stakeholder body, no longer anchored by the USG. Adherence to the primary human rights standard would help allay some of the anxiety regarding ICANN's global accountability post-transition.
On Fri, Jul 17, 2015 at 5:16 PM, Wilson, Christopher <cwilson@21cf.com> wrote:
“Human rights” as defined by who/what? And what criteria, if any, would ICANN use to ensure it is not running afoul of human rights?
*From:* accountability-cross-community-bounces@icann.org [mailto: accountability-cross-community-bounces@icann.org] *On Behalf Of *william currie *Sent:* Friday, July 17, 2015 10:36 AM *To:* Avri Doria *Cc:* accountability-cross-community@icann.org *Subject:* Re: [CCWG-ACCT] Human rights as a core value Fwd: Re: [] Mission, Commitments and Core Values
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.
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participants (6)
-
Avri Doria -
Burr, Becky -
Carlos Raul Gutierrez -
Greg Shatan -
Nigel Roberts -
william currie