Re: [cc-humanrights] cc-humanrights Digest, Vol 9, Issue 12
Aug. 7, 2015
4:57 p.m.
I fully support Marianne's restatement as consistant with international human rights norms. On 8/7/2015 10:07 AM, cc-humanrights-request@icann.org wrote: > Send cc-humanrights mailing list submissions to > cc-humanrights@icann.org > > To subscribe or unsubscribe via the World Wide Web, visit > https://mm.icann.org/mailman/listinfo/cc-humanrights > or, via email, send a message with subject or body 'help' to > cc-humanrights-request@icann.org > > You can reach the person managing the list at > cc-humanrights-owner@icann.org > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of cc-humanrights digest..." > > > Today's Topics: > > 1. Re: Human Rights in CCWG on accountability (Marianne Franklin) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Fri, 07 Aug 2015 15:46:12 +0200 > From: Marianne Franklin <m.i.franklin@gold.ac.uk> > To: cc-humanrights@icann.org > Subject: Re: [cc-humanrights] Human Rights in CCWG on accountability > Message-ID: <55C4B6A4.1080603@gold.ac.uk> > Content-Type: text/plain; charset="windows-1252"; Format="flowed" > > Dear all > > I too would note the legal issues around parsing out some rights as more > fundamental as others.. So, perhaps a wording as follows, in light of > the legal nuances at stake, and with that political issues around phrasing.. > > "Within its mission and its operations ICANN commits to respecting and > upholding fundamental rights and freedoms according international human > rights law and norms" > > This phrase is specific and open enough to permit the full spectrum of > human rights law and norms, because these now include more than the > UDHR, ICCPR and IESCR. > > This wider framework of human rights treaties and convenants, which the > IRPC Charter of Human Rights and Internet articulates for instance, is > politically sensitive so such a phrase acknowledges this. > > Second, within this wider context for the ICANN setting I think that > using the Ruggie Principles as the initial framing for this initiative > is important for the business side of the work. That said, ICANN is > doing work that affects other aspects of our online lives that a more > narrowly defined business articulation within CSR frameworks, or the > Ruggie Principles do leave relatively under-articulated. > > The above phrasing thereby allows for future steps in acknowledging the > wider terrain of ICANN work once its CSR responsibilities to human > rights online are taken on board. > > Good luck! > All the best > MF > > On 07/08/2015 13:38, Matthew Shears wrote: >> 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: >>> -----BEGIN PGP SIGNED MESSAGE----- >>> 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 19www.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 19www.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! Mar?lia 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 >>> l >>>> y/ >>>>>>> 004798.html >>>>>>>> <https://mm.icann.org/pipermail/accountability-cross-community/201 >>> 5-J >>> u >>>> 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. >>>>>>>> _______________________________________________ >>>>>>>> cc-humanrights mailing listcc-humanrights@icann.org >>>>>>>> <mailto:cc-humanrights@icann.org> >>>>>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights >>>>>>>> -- *Mar?lia Maciel* Pesquisadora Gestora - Centro de >>>>>>>> Tecnologia e Sociedade - FGV Direito Rio Researcher and >>>>>>>> Coordinator - Center for Technology & Society - FGV Law >>>>>>>> Schoolhttp://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 >>>>>>> _______________________________________________ >>>>>>> cc-humanrights mailing listcc-humanrights@icann.org >>>>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights >>>>>>> >>>>> _______________________________________________ cc-humanrights >>>>> mailing listcc-humanrights@icann.org >>>>> https://mm.icann.org/mailman/listinfo/cc-humanrights >>> -----BEGIN PGP SIGNATURE----- >>> Version: GnuPG v2 >>> >>> iQEcBAEBCAAGBQJVxJFXAAoJEAi1oPJjbWjpj3IH/2PUlVBm2xdBFibgJAkoreCR >>> KSRdBqn+kCb+SnxHdy4B8Ja00S0PS+eKAgK2xgbWhQigVk8F4ixsxa+GnbE4dWmm >>> I2u3e/W+vi9TosCloZgYpYQTd1aA75e6IJlonMbNtV1br/p/hd0g/m6a2rtKkz5N >>> M14zSxp10l5xwI9s9ez02YwSw4TLpPXfWDlsVLfzBEWXIqHDXuQzRCIVPlSu85Pq >>> wCrvgZ0pqP8GX8ctoqRYEEHkbuGTxUn+6d3cdIR1IIJVRlKN5hxnCJtQCsZ+7fEH >>> v5Gp6C1pnZM8b0ARZ6C4c5QIqICsg/x10rusEzH8ACGsLyBC64WeJxhtmOg11BA= >>> =zoM+ >>> -----END PGP SIGNATURE----- >> -- >> Matthew Shears >> Global Internet Policy and Human Rights >> Center for Democracy & Technology (CDT) >> + 44 (0)771 247 2987 >> >> >> _______________________________________________ >> cc-humanrights mailing list >> cc-humanrights@icann.org >> https://mm.icann.org/mailman/listinfo/cc-humanrights -- Susan Ariel Aaronson, Ph.D. Research Professor of International Affairs, Institute of International Economic Policy Elliott School of International Affairs, George Washington University http://www.gwu.edu/~elliott/faculty/aaronson.cfm Please visit the Trade and the Internet Project Web site: http://www.gwu.edu/~iiep/signatureinitiatives/governance/taig/ The Trade, Trust, Transparency and Accountability page is: http://www.gwu.edu/~iiep/signatureinitiatives/governance/Trade_Trust_Transparency_Accountability/ For the Repression, Civil conflict, and Leadership Tenure Project: http://www.ucl.ac.uk/spp/research/conflict-repression To see many of my publications go to: http://ssrn.com/author=1145702
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