Dear all,
In case Charlotte's message below did not
reach the Group. The message was bounced back.
Apologies to those who have already received
this.
Kind regards,
Stéphane
Stéphane J. Hankins
Legal adviser
Cooperation and coordination within the Movement
International Committee of the Red Cross
Tel (direct line): ++0041 22 730 24 19
-----Transféré par Stephane Hankins/DIR_GEN_MOUV_CHF/GVA/ICRC le 05/08/2017
10:41 -----
A : gnso-igo-ingo@icann.org <gnso-igo-ingo@icann.org>
De : Charlotte Lindsey Curtet/CIM_DIR/GVA/ICRC
Envoyé par : Daiana Barbancho Savage/CIM_DIR/GVA/ICRC
Date : 04/08/2017 13:46
Cc: Thomas Rickert <rickert@anwaelte.de>, "James M. Bladel"
<jbladel@godaddy.com>, Mary Wong <mary.wong@icann.org>, "gnso-secs@icann.org"
<gnso-secs@icann.org>, mark.carvell@culture.gov.uk, <Jorge.Cancio@bakom.admin.ch>,
Thomas.Schneider@bakom.admin.ch, jennifer.breckenridge@ifrc.org, shankins@icrc.org
Objet : Follow-up to the second WG call of 20 July 2017 - Reconvened IGO-INGO
Working Group on Red Cross and Red Crescent Names and Identifiers
Dear Thomas, dear James,
Dear Members of the reconvened Working Group,
(1) Further to the discussions held during the second meeting of the reconvened
Working group IGO/INGO Protections PDP Working Group held on 20 July, please
find attached a copy of the Non-paper we had submitted to ICANN’s Board
and to the process in 2013.
The attached includes a descriptive of the legal protections of the Red
Cross, Red Crescent and Red Crystal designations and of the names/identifiers
of the respective Red Cross and Red Crescent organizations under international
law and under the domestic laws in force in multiple national jurisdictions.
It includes as an annex an outline of relevant extracts from the first
Geneva Convention of 1949 and of the third Additional Protocol adopted
in 2005, and a list of national laws in force in different national jurisdictions
on the use and protection of the emblems and their designations (the
list would require now to be updated to include more recent national laws/Governmental
decrees, as adopted inter alia in South Sudan, Sweden and Venezuela).
(2) We take note, as underlined during the recent reconvened Working group
discussions, of the WG’s defined objectives to determine whether the current
protections accorded to the Red Cross and Red Crescent designations and
identifiers (as included under Specification 5 of the Model Registry Agreement)
should be confirmed as permanent.
In line with the recommendations of the NGPC/the Board's Resolutions that
the GNSO’s 2013 Recommendations be reconciled with the GAC’s consistent
advice, this would imply that the GNSO’s 2013 recommendations be revised
on two counts:
- firstly, to extend the protections accorded to the Red Cross, Red Crescent
and Red Crystal designations (Scope 1 identifiers) to the full exact match
names of the respective Red Cross and Red Crescent organizations (Scope
2 identifiers); and
- second, to confirm the protections of the Red Cross and Red Crescent
designations and identifiers (Scope 1 and Scope 2) as permanent.
(3) As recalled during the last reconvened Working Group session and in
line with the GNSO’s decision to initiate its process for Amendments or
Modifications of Approved Policies with regard to Recommendation 5 Section
3.1 of the 2013 Final Report, the extension of the protections should
importantly be made to cover not only the names of the respective National
Red Cross and Red Crescent Societies (190 in total to date), but also
the full exact match names of the two international components of the International
Red Cross and Red Crescent Movement in the six UN languages. This is congruent
with the definition of Scope 2 identifiers as included in the Final Report
of the 2013 PDP – page 10.
This is also confirmed under the Board’s Resolution (2017.03.16.13) and
the latter's Operative paragraph (1).
Reference is also made in this regard to
the GAC’s consistent advice [as expressly stipulated in the GAC Communiqués
adopted in Singapore (27 March 2014), Los Angeles (15 October 2014), Singapore
(11 February 2015), and confirmed in subsequent advice] that the Red Cross
and Red Crescent identifiers be afforded permanent protections. We wish
to underline in this regard that the names of the International Committee
of the Red Cross, of the International Federation of Red Cross and Red
Crescent Societies, and of the International Red Cross and Red Crescent
Movement are included under Specification 5 to the Model Registry Agreement
and already enjoy temporary protections.
(4) With respect to the ICRC and IFRC acronyms (also included under the
definition of Scope 2 names adopted by the GNSO in 2013), the extension
of the permanent protections is not requested here, and thus in
line with the GAC’s past advice, as adopted in Durban (18 July 2013),
that “[t]he same complementary cost neutral mechanisms to be worked
out […] for the protections of IGO’s be used to also protect the acronyms
of the International Committee of the Red Cross (ICRC/IFRC) and the International
Federation of Red Cross and Red Crescent Societies (IFRC/FICR)”. Given
however the importance of also protecting the acronyms of the ICRC and
of the IFRC (particularly the ICRC acronym under which the ICRC is very
commonly known and identified and which forms a part of the ICRC’s institutional
logo), we would propose that the reconvened WG consider to issue also a
recommendation in regard to the ICRC and IFRC acronyms in line with the
GAC’s above-mentioned Durban Communiqué.
(5) Lastly and further to recent exchanges with ICANN Staff, we wish to
inform the members of the reconvened Working Group that, in line with the
agreement during the Facilitated discussion held in Copenhagen, we are
amenable to work further on a revised list of Red Cross and Red Crescent
identifiers to replace the current list included under Specification 5
– this would notably aim to amend the current titles of the two categories
of Red Cross and Red Crescent designations and identifiers (as these do
not offer clarity) and to further harmonize the list of National Red Cross
and Red Crescent Societies identifiers (and their limited and well
defined variations).
We also wish members of the WG to note, as indicated during the Copenhagen
discussion, that a new National Society is in the process of formation
and recognition, namely the “Marshall Islands Red Cross Society” and
that its name will also soon require to be added to the list.
Please do not hesitate to contact us should you require any further clarification.
With kind regards,
Charlotte
Charlotte Lindsey Curtet
Director
Communication and Information Management Department
International Committee of the Red Cross (ICRC)
Tel: + 41 22 730 2773
email: clindsey@icrc.org
Annexes:
- ICRC and IFRC Position paper to ICANN's Board, July/August 2013¨
- Extracts from the Government Advisory
Committee's Communiqués relevant to the protection of the Red Cross and
Red Crescent designations and identifiers:
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