I agree Niels. Some simple language like (based on some of the inputs Avri had collated):

"Within its mission and in its operations, ICANN [will be] is committed to respect [fundamental] human rights."

Two points: 1) unless there is some legally defined meaning to the term "fundamental" when applied to HR I would leave it out as it is subjective and differs by jurisdiction/state/interpretation; 2) if we do include the word fundamental then we probably should include reference to the minimum qualifying docs - "as enshrined in the UDHR and ICCPR."

Everything else we can leave to WS2 and the CCWP to work on.

Best.

Matthew

.

On 8/7/2015 12:07 PM, Niels ten Oever wrote:

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Hash: SHA256

Hi all,

I think a clear commitment to human rights is sufficient for the
bylaws. I don't think specific instruments or policies should be
described there.

One could possibly think of the reference for there being a policy
that describes how ICANN ensures it respects human rights in its
policies and operation, but wouldn't want to risk going into the weeds
here about what that should look like. Don't think the CCWG is the
place for that.

Best,

Niels

Niels ten Oever
Head of Digital

Article 19
www.article19.org

PGP fingerprint    8D9F C567 BEE4 A431 56C4
                   678B 08B5 A0F2 636D 68E9

On 08/07/2015 10:39 AM, Matthew Shears wrote:

Suggest both.  All should join who are concerned with this issue.

Note that there are many of us already on the subgroup.  What 
formulation would you want to see introduced?

Matthew

On 8/5/2015 2:25 PM, Niels ten Oever wrote: Hi James and others,

What would be the rationale for a public comment vs participating
in the subgroup? Just trying to assess the best strategy for
engagement.

Cheers,

Niels

Niels ten Oever Head of Digital

Article 19 www.article19.org

PGP fingerprint    8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2 636D
68E9

On 08/05/2015 02:49 PM, James Gannon wrote:

I'm not Marillia but I suggest that a comment from the HRWP
would be very very welcome to the CCWG draft report with
regards to the human rights issue. As a conglomeration of HR
experts and interested parties the members of this group are
well placed to weigh in with comments on this issue.

-James

________________________________________ From: 
cc-humanrights-bounces@icann.org 
<cc-humanrights-bounces@icann.org> on behalf of Niels ten
Oever <niels@article19.org> Sent: 05 August 2015 13:30:42 To:
Marilia Maciel Cc: Human Rights Subject: Re: [cc-humanrights]
Human Rights in CCWG on accountability

Thanks Marilia. Do you think it would also make sense to
draft a public comment to the CCWG report by suggesting
concrete text? Or would the best workflow be to work on this
in the subgroup? Has the subgroup already been formed? Do you
know when they should finish and whether people from this
list, who are not participating in the CCWG, can join?

Best,

Niels



Niels ten Oever Head of Digital

Article 19 www.article19.org

PGP fingerprint    8D9F C567 BEE4 A431 56C4 678B 08B5 A0F2
636D 68E9

On 08/03/2015 07:01 PM, Marilia Maciel wrote:

Thank you for sharing, Niels. The conclusion that a
reference to HR should be included it in the bylaws is a
very positive development. From what I can notice in the
CCWG-Accountability mailing list, there has been a
considerable interest to join the subgroup that will be
created to discuss this topic. Best! Marília On Mon, Aug 3,
2015 at 12:59 PM, Niels ten Oever <niels@article19.org
<mailto:niels@article19.org>> wrote: Dear all, This might
be of interest to you (from CCWG on Accountability 
https://mm.icann.org/pipermail/accountability-cross-community/2015

- -Ju

y/

004798.html

<https://mm.icann.org/pipermail/accountability-cross-community/201

5-J

ly/

004798.html>

) Best, Niels Mathieu Weill mathieu.weill at afnic.fr
<http://afnic.fr> Fri Jul 31 11:49:55 UTC 2015 Dear
Colleagues, As announced during our last call, the
co-Chairs have reviewed where we are on this issue. Our
group is tasked to work on the basis of consensus, and we
have focused on assessing where this condition was met . It
is our conclusion that : 1) our group has achieved
consensus on including a human rights related Commitment in
Icann's Bylaws. 2) no particular wording currently proposed
achieved consensus. As a consequence, we propose to include
into the public comment 2 report (in the Mission & Core
value section, a draft is included below) - this assessment
and a firm commitment to add a human rights related
Commitment into Icann's Bylaws, - the underlying 
requirements expressed during the debate, - the concrete
language proposals that were considered by our group so
far, as examples Finally, given the strong momentum on the
issue, both during the meeting and on list before and
after, and taking into account the high level of complexity
involved, we suggest to kick off ASAP a subgroup to further
refine the requirements and assess potential options based
on further studies of the current situation and "agreed-on"
language. We thank you all for your understanding and
commitment on this topic, as well as the extensive
discussions both on list and during the calls about this. 
As a reminder, Minority statements filed until Saturday
12.00 UTC will be incorporated into the report to be
published on Monday. Statements filed after this deadline
will be published online but not incorporated into the
report. Best regards, Leon, Thomas & Mathieu Co-chairs 
----------------------------------------------- NEW
SUBSECTION IN 3A Mission, Commitmennts & Core Values 
Elaborating an Icann Commitment to Human Rights The
CCWG-Accountability extensively discussed the opportunity
to include into Icann Bylaws a Comittment related to Human
Rights. The group commissioned a legal analysis of whether
the termination of the IANA contract would induce changes
into Icann's obligations with regards to Human Rights
(LINK). While no significant issue was found to be directly
linked to the termination of the IANA contract, the group
acknowledged the recurring debates around the nature of
Icann's accountability towards the respect of fundamental
human rights. These discussions identified the following,
non-exhaustive, list of accountability-related requirements
: - the NTIA criteria to maintain the openness of the
Internet, including free expression and the free flow of
information - the need to avoid extending Icann's mission
into content regulation - the importance of assessing the
impact of Icann policies on Human righ ts Examples of
language that could serve as a Commitment were as follows :
- Within its mission and in its operations, ICANN will be
committed to respect the fundamental human rights of the 
exercise of free expression and the free flow of
information. - Within its mission and in it operations,
ICANN will be committed to respect internationally
recognized fundamental human rights. The group has achieved
consensus on including a human rights related Commitment in
Icann's Bylaws. However no particular wording currently
proposed achieved consensus. Reiterating its commitment to
elaborate concrete proposals as part of its mandate, the
CCWG-Accountability is calling for comments on this 
approach and the underlying requirements.

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<mailto:cc-humanrights@icann.org> 
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-- *Marília Maciel* Pesquisadora Gestora - Centro de
Tecnologia e Sociedade - FGV Direito Rio Researcher and
Coordinator - Center for Technology & Society - FGV Law
School http://direitorio.fgv.br/cts DiploFoundation
associate - www.diplomacy.edu <http://www.diplomacy.edu>
PoliTICs Magazine Advisory Committee - 
http://www.politics.org.br/ Subscribe "Digital Rights:
Latin America & the Caribbean" -
http://www.digitalrightslac.net/en

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Global Internet Policy and Human Rights
Center for Democracy & Technology (CDT)
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