Re: [cc-humanrights] cc-humanrights Digest, Vol 18, Issue 10
Dear all, On the basis of our discussions, I have taken another stab at the FOI. This time sending you a pretty bare-back version, with a lot of text that still needs to be filled in/defined, preferably by someone with more legal skills than myself. The purpose of this Framework of Interpretation (FOI) is to give a framework for applying human rights principles and clarifying the language in recommendation 6 on human rights, to ensure that ICANN respects internationally recognized human rights. In order to do so, this document has two sections. The first section is a glossary that provides an overview of the different terms used in the bylaw language and how to interpret them. The second section gives a broader overview of which human rights instruments might be applicable, how ICANN can stay within its scope, why a Human Rights Impact Assessment (HRIA) might be useful, which additional policies and frameworks ICANN might need to develop, how these new frameworks should be discussed and drafted to ensure broad multistakeholder involvement, and how ICANN impacts human rights. *Glossary: * The bylaw text makes use of the following concepts that need further clarification, which is given below. To respect human rights: To respect human rights means that [enter text]. Internationally recognized human rights means [enter text]. Applicable law means [enter text]. Not to enforce means [enter text]. Not going out of ICANN’s scope means [e.g. no enforcement + enter text] [Did I forget things? – please feel free to add] *Overview:* Which specific Human Rights conventions or other instruments, if any, should be used by ICANN in interpreting and implementing the Human Rights Bylaw: United nations declaration of human rights (UDHR) http://www.un.org/en/universal-declaration-human-rights/ Ruggie Principles: http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.p... ICT sector guide for implementing Ruggie Principles http://shiftproject.org/sites/default/files/ECHRSG.ICT_.pdf International Covenant on Civil and Political Rights (IPCR) http://www.ohchr.org/en/professionalinterest/pages/ccpr.aspx International Covenant on Economic, Social and Cultural Rights http://www.ohchr.org/EN/ProfessionalInterest/Pages/CESCR.aspx [what else? Please feel free to add] Which policies and frameworks, if any, does ICANN needs to develop or enhance in order to fulfill its commitment to respect Human Rights: [enter text]. Consistent with ICANN’s existing processes and protocols, consider how these new frameworks should be discussed and drafted to ensure broad multistakeholder involvement in the process: [enter text]. Where does ICANN’s work impacts human right: [enter text]. How to measure this potential impact: [enter text]. Hope this is useful, Best, On Tue, May 17, 2016 at 2:03 PM, <cc-humanrights-request@icann.org> wrote:
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Today's Topics:
1. Re: FoI discussion (Motoko Aizawa)
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Message: 1 Date: Tue, 17 May 2016 09:02:51 -0400 From: Motoko Aizawa <motoko.aizawa@ihrb.org> To: Niels ten Oever <niels@article19.org> Cc: Human Rights <cc-humanrights@icann.org> Subject: Re: [cc-humanrights] FoI discussion Message-ID: < CAByCGFRRNeu4s5O5q9WwJN-wMR99zS7EMBAo4mva3nEBvS-6pA@mail.gmail.com> Content-Type: text/plain; charset="utf-8"
Apologies in advance that I will not be on the call today. Re the FoI, I agree that less is more. In terms of the four bullets, I would offer the first two bullet points instead. I do agree that less is more. Motoko
- What it means for ICANN to respect human rights - What is outside the scope of ICANN's responsibility to respect human rights (e.g., no enforcement)
- Reference to applicable instruments - Whether other documents are needed in addition to the bylaw (e.g. HR policy
*Motoko Aizawa | Managing Director USA* *M* +1 202 763 1503 *|**S* MotokoSkype11 *I* *W* www.ihrb.org *I T* *@ <haley.st.dennis@ihrb.org>**IHRB* *Bogot*? *| **Brussel**s * *| **Geneva* *| **London* *|** Nairobi* *| **Washington D.C.* *|* *Yangon*
On Tue, May 17, 2016 at 6:45 AM, Niels ten Oever <niels@article19.org> wrote:
Dear Corinne,
Thanks for your great work, it might help to have a bit of background in to the discussion that we extensively had in CCWG WP4 on this. There was no clear agreement whatsoever on using the Ruggie Principles, so assuming we will might ruffle some feathers.
Next to that we might need think whether it would be necessary to go this deep and far at all. Maybe an FoI could simply be an explanatory report to the bylaw which explains: - What does it mean to respect - What does it mean to not enforce - Reference to applicable instruments - Whether other documents are needed in addition to the bylaw (e.g. HR policy
I think that less might be more.
Happy to discuss on the call and hear what other people think.
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 05/17/2016 11:59 AM, Corinne Cath wrote:
Dear all,
I have been working on the FOI - and developed some completely new text on the basis of your suggestions, which you can find below.
I have focused on the Ruggie principles as the standard for ICANN to uphold. I assume this is still open for discussion, but for the time being (or unless Tatiana, Aarti or Vidushi tell me that I have no business making these kinds of decisions as a none-lawyer ;) I am focusing on Ruggie.
However, I am running into some troubles trying to actually flesh out what steps should be taken to ensure the interpretation of the Ruggie principles happens as we believe will best ensure ICANN's commitment to respect human rights.
Right now I combined text from the HRIA document, the research done <
http://www.ihrb.org/pdf/reports/2015-11-17-ICANN-Corporate-Responsibility-to...
by Article 19 and the guiding principles <http://www.ohchr.org/Documents/Publications/HR.PUB.12.2_En.pdf>for
the
Ruggie principles. But I feel like I am going in circles, and suggesting in the FOI that we need the development of other policies and procedures. Which I don't think is the best way forward.
If anyone has any thoughts now, or on the call later today that would be much appreciated!
Best,
*FOI Version 3 *
The purpose of this Framework of Interpretation (FOI) is to give a framework for applying human rights principles to ensure that ICANN respects internationally recognized human rights. The most appropriate principles to set as the standard in the case of ICANN are the UN Guiding Principleson Business and Human Rights, also known as the Ruggie principles. These principles present a set of guidelines for States and companies to ?protect, respect, and remedy? human rights abuses committed in business operations. Their unique tailoring to businesses makes them a good fit for ICANN. The word respect in this case refers to companies? responsibility to avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved (Guiding principle 11, <
http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.p...
for implementing the Ruggie Principles).
The overall Ruggie principles has three tiers:
1. State responsibility to protect against human rights abuses by third entities, including businesses through policies, regulation and adjudication.
2. Corporate responsibility to respect human rights, in which businesses are asked to practice due diligence (see definition below) to avoid infringing on the rights of others and address instances of adverse impact in which they are involved.
3. Access to effective remedy for victims, both judicial and non-judicial.
This framework of interpretation develops a set of guiding principles based on those presented by the UN for the Ruggie principles and specifically focused on the second tier: the corporate responsibility to respect human rights.
*Corporate responsibility to respect human rights:*
In addition to an explicit human rights commitment, companies need to adopt a due diligence approach to their business processes. Due diligence in the case of human rights refers to the: ?An ongoing risk management process?in order to identify, prevent, mitigate and account for how [a company] addresses its adverse human rights impacts. It includes four key steps: assessing actual and potential human rights impacts; integrating and acting on the findings; tracking responses; and communicating about how impacts are addressed.? (UN Ruggie Principles).
In practice this mean companies need to have in place on-going processes that identify potential human rights abuses, that allow them to respond in a timely fashion with measures to prevent these abuses. These processes can also identify ongoing human rights abuses, and as such, need to include procedures to remedy those. Keeping in mind that this framework of interpretation does not create any additional obligation for ICANN to respond to or consider any complaint, request or demand seeking the enforcement of human rights by ICANN.
Based on this information the following steps should be taken to ensure proper interpretation of the Ruggie Principles:
_Phase 1: Human rights impact analysis_
a.) A planning and scoping phase that includes scoping of (i) ICANN?s business activities to understand the scale and type of ICANN?s operations, and (ii) the human rights context of ICANN?soperation to understand the human rights topics in the particular ICANN operational context.
b.) Data collection and baseline phase: additional data gathering to better understand the key human rights areas identified in phase a, through further research, as well as interviews and stakeholder engagement.
c.) Impact analysis: systematically identify any human rights impacts of ICANN operations and to assess their severity against the Ruggie Principles.
d.) Present an impact analysis matrix.
_Phase 2: Mitigation and prevention system for human rights abuses_
a.) Manage and mitigate impact by applying a mitigation hierarchy that first focuses on prevention, and where not possible applies mitigation strategies.This includes finding ways to exercise leverage to address impacts in collaboration with third parties, including business partners, stakeholders, government agencies etc.
b.) Clearly establish roles and responsibility, allocate resources and establish performance indicators, milestones and deadlines to be followed.
_Phase 3: Presentation of findings _
a.) Present the responses to the issues identified on an on going basis.
_Phase 4: Reporting and evaluation_
a.) Reporting publically on progress periodically.
b.) Develop mechanism to feed these results back into phase 2.
c.) ICANN board and management should carry out a comprehensive (and preferably an external) process of review and evaluation of its Policy and Management Plan/System after three to five years of implementation.
On Mon, May 16, 2016 at 10:44 PM, <cc-humanrights-request@icann.org <mailto:cc-humanrights-request@icann.org>> wrote:
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Today's Topics:
1. REMINDER: CCWP ICANN and Human Rights | Tuesday 17 May 2016 | 13:00 UTC (Maryam Bakoshi)
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Message: 1 Date: Mon, 16 May 2016 21:08:54 +0000 From: Maryam Bakoshi <maryam.bakoshi@icann.org <mailto:maryam.bakoshi@icann.org>> To: Human Rights <cc-humanrights@icann.org <mailto:cc-humanrights@icann.org>>, ICANN Policy Calendar <PolicyCalendar@icann.org <mailto:PolicyCalendar@icann.org
Cc: matteo lucchetti <matluc@hotmail.com <mailto:matluc@hotmail.com>>, Herb Waye <herb.waye@icann.org <mailto:herb.waye@icann.org>>, Niels ten Oever <niels@digitaldissidents.org <mailto:niels@digitaldissidents.org>> Subject: [cc-humanrights] REMINDER: CCWP ICANN and Human Rights | Tuesday 17 May 2016 | 13:00 UTC Message-ID:
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7ddc6bc5d2dc4231aa07c4ea65fcedc9@PMBX112-E1-VA-2.PEXCH112.ICANN.ORG
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7ddc6bc5d2dc4231aa07c4ea65fcedc9@PMBX112-E1-VA-2.PEXCH112.ICANN.ORG>>
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Dear All,
Please find below participation details for CCWP ICANN and Human Rights on Tuesday 17 May 2016 at 13:00 UTC
Adobe Connect: https://icann.adobeconnect.com/ncsg/
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participants (1)
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Corinne Cath