August 2015 - Wp4 - lists.icann.org

Notes-Recordings-Transcript links for WP4 Meeting | 28 August
by Brenda Brewer Sept. 2, 2015

Sept. 2, 2015

Hello all, The notes, recordings and transcripts for the WP-4 meeting on 28 August will be available here: https://community.icann.org/x/J4RYAw A copy of the notes and action items may be found below. Thank you. Kind regards, Brenda Action Items ACTION ITEM: Check wording and implications of without reservation - Without reservation does not encourage legal liability. We are making it complicated. Let's favor simple statements. ACTION ITEM: Leon to refine high level drafting to reflect today's discussion and to begin working on explanatory note to document how WP4 reached this wording. - Commitment to human rights won't cause any court cases if all this would be carefully further formulated in policies. ACTION ITEM: Share progress report with Subgroup to incorporate any additional feedback there may be ACTION ITEM: Leon to set up google doc Notes David McAuley on phone. Review of Draft High Level Objective WP4 discussed proposal received on list to modify text to not restrict it to United Nations Feedback: - Suggest defining high level commitment along the lines of what we have discussed for WS1 and fleshing it out as part of Work Stream 2. - We need to refine wording put together. - Do not understand that we give support without reservation to United Nations principles. It would be better to confirm support for International Human Rights and leave it to WS2 to define what we are going to use to operationalize that (UN compact, etc). Open it up to wider set of documents - Suggested language: HEREBY AFFIRMS its support without reservation for internationally recognized fundamental human rights, and intends to develop ..... --> Concerned about support without reservation. What could that imply? It could be a point of discussion for the group - Stick to paragraph 151 - Do not think putting commitment to human rights will be risk of law suit for ICANN - Need to explore options and caveats around meaning of without reservations - Without reservation is superfluous ACTION ITEM: Check wording and implications of without reservation - Without reservation does not encourage legal liability. We are making it complicated. Let's favor simple statements. ACTION ITEM: Leon to refine high level drafting to reflect today's discussion and to begin working on explanatory note to document how WP4 reached this wording. - Commitment to human rights won't cause any court cases if all this would be carefully further formulated in policies. --> We have common understanding that it would not be opening door to lawsuits ACTION ITEM: Share progress report with Subgroup to incorporate any additional feedback there may be ACTION ITEM: Leon to set up google doc - What is the procedure to reach consensus/what are the next steps? --> Within 1 or 2 calls, we could have product for group to review/discuss - is there any use in possibly looking at slightly rewording article 4 of the articles of incorporation to make a more explicit reference to HR? --> That is a possibility. - Changing the art of incorporation entails another process (and was not included in draft report of CCWG) Documents Presented * <https://community.icann.org/download/attachments/56132647/Human%20Rights%20… 0Aug.pdf?version=1&modificationDate=1440772825330&api=v2> Human Rights subgroup timeline_24 Aug.pdf * <https://community.icann.org/download/attachments/56132647/Human%20Rights%20… per%20%281%29.pdf?version=1&modificationDate=1440772776026&api=v2> Human Rights Briefing_Discussion paper (1).pdf

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Re: [Wp4] WP4 Meeting | 14:00 UTC | 28 August
by Brenda Brewer Aug. 26, 2015

Aug. 26, 2015

Hi Eberhard, Yes, a Doodle was sent Monday and closed late Tuesday. I will note your apology for this meeting. Thank you. Kind regards, Brenda From: Dr Eberhard W Lisse [mailto:epilisse@gmail.com] Sent: Wednesday, August 26, 2015 9:18 AM To: Brenda Brewer <brenda.brewer(a)icann.org> Cc: wp4(a)icann.org; directors(a)omadhina.net Subject: Re: WP4 Meeting | 14:00 UTC | 28 August Brenda, did we doodle poll this? 14:00 UTC is 15:00 my time and as I have to work for a living I can't make this call. el -- Sent from Dr Lisse's iPad mini On Aug 26, 2015, at 15:06, Brenda Brewer <brenda.brewer(a)icann.org <mailto:brenda.brewer@icann.org> > wrote: WP4 Meeting– Friday, 28 August 2015 from 14:00 – 15:00 UTC Time zone converter <http://www.timeanddate.com/worldclock/fixedtime.html?msg=WP4+Meeting&iso=20…> here Adobe Connect: <https://icann.adobeconnect.com/accountability/> https://icann.adobeconnect.com/accountability/ The dial-in details are below - please let <mailto:acct-staff@icann.org> acct-staff(a)icann.org know if you require a dial-out. _______________________________________________________________ Participant passcode: WP4 For security reasons, the passcode will be required to join the call. _______________________________________________________________ Dial in numbers: COUNTRY Number Toll Free Number ARGENTINA 0800-777-0519 AUSTRALIA ADELAIDE 61-8-8121-4842 1-800-657-260 AUSTRALIA BRISBANE 61-7-3102-0944 1-800-657-260 AUSTRALIA CANBERRA 61-2-6100-1944 1-800-657-260 AUSTRALIA MELBOURNE 61-3-9010-7713 1-800-657-260 AUSTRALIA PERTH 61-8-9467-5223 1-800-657-260 AUSTRALIA SYDNEY 61-2-8205-8129 1-800-657-260 AUSTRIA 43-1-92-81-113 0800-005-259 BELGIUM 32-2-400-9861 0800-3-8795 BRAZIL 0800-7610651 CHILE 1230-020-2863 CHINA CHINA – A 86-400-810-4789 10800-712-1670 CHINA CHINA – B 86-400-810-4789 10800-120-1670 COLOMBIA 01800-9-156474 CZECH REPUBLIC 420-2-25-98-56-64 800-700-177 DENMARK 45-7014-0284 8088-8324 ESTONIA 800-011-1093 FINLAND Land Line 106-33-203 0-800-9-14610 FINLAND Mobile 09-106-33-203 0-800-9-14610 FRANCE LYON 33-4-26-69-12-85 080-511-1496 FRANCE MARSEILLE 33-4-86-06-00-85 080-511-1496 FRANCE PARIS 33-1-70-70-60-72 080-511-1496 GERMANY 49-69-2222-20362 0800-664-4247 GREECE 30-80-1-100-0687 00800-12-7312 HONG KONG 852-3001-3863 800-962-856 HUNGARY 06-800-12755 INDIA 000-800-852-1268 INDONESIA 001-803-011-3982 IRELAND 353-1-246-7646 1800-992-368 ISRAEL 1-80-9216162 ITALY 39-02-3600-6007 800-986-383 JAPAN OSAKA 81-6-7739-4799 0066-33-132439 JAPAN TOKYO 81-3-5539-5191 0066-33-132439 LATVIA 8000-3185 LUXEMBOURG 352-27-000-1364 MALAYSIA 1-800-81-3065 MEXICO 001-866-376-9696 NETHERLANDS 31-20-718-8588 0800-023-4378 NEW ZEALAND 64-9-970-4771 0800-447-722 NORWAY 47-21-590-062 800-15157 PANAMA 001-800-5072065 PERU 0800-53713 PHILIPPINES 63-2-858-3716 POLAND 00-800-1212572 PORTUGAL 8008-14052 RUSSIA 8-10-8002-0144011 SINGAPORE 65-6883-9230 800-120-4663 SLOVAK REPUBLIC 421-2-322-422-25 SOUTH AFRICA 080-09-80414 SOUTH KOREA 82-2-6744-1083 00798-14800-7352 SPAIN 34-91-414-25-33 800-300-053 SWEDEN 46-8-566-19-348 0200-884-622 SWITZERLAND 41-44-580-6398 0800-120-032 TAIWAN 886-2-2795-7379 00801-137-797 THAILAND 001-800-1206-66056 UNITED KINGDOM BIRMINGHAM 44-121-210-9025 0808-238-6029 UNITED KINGDOM GLASGOW 44-141-202-3225 0808-238-6029 UNITED KINGDOM LEEDS 44-113-301-2125 0808-238-6029 UNITED KINGDOM LONDON 44-20-7108-6370 0808-238-6029 UNITED KINGDOM MANCHESTER 44-161-601-1425 0808-238-6029 URUGUAY 000-413-598-3421 USA 1-517-345-9004 866-692-5726 VENEZUELA 0800-1-00-3702 <mime-attachment.ics>

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Fwd: Re: [] Variety of formulation for Human Rights bylaw that were made. - corrected
by Avri Doria Aug. 25, 2015

Aug. 25, 2015

-------- Forwarded Message -------- with corrections Hi, I am sure I missed some, but the ones I found going through the email while doing some prep work earlier today. Please let me know of any formulation I missed. Doria 1 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. Curry 1 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. Doria 2 In order to enure that openness of the Internet within ICANN's mission may be maintained, human rights impact assessments will be done on ICANN policies [as appropriate] Doria 3 ICANN will be committed to respect fundamental human rights in its operations Drazek 1 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. Arasteh 1 (I know there is one but i can't find the text.) Supports Lisse 1 Shatan 1 Within its mission and in its operations, ICANN will be committed to respect internationally recognized fundamental human rights Drazek as amended by Lisse Within its mission and in its operations, ICANN will respect fundamental human rights, in particular the exercise of free expression, free flow of information and due process Lisse 1 ICANN will respect fundamental human rights Doria 4 (with offlist help) Within its mission and in its operations, ICANN will be committed to respect the fundamental human rights as enshrined in the Universal Declaration of Human Rights (UDHR). --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus

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Welcome to WP4
by Kimberly Carlson Aug. 11, 2015

Aug. 11, 2015

Dear All, Thank you to all who volunteered to be a part of WP4 addressing the issue of human and fundamental rights. The current list of volunteers include: * Leon Sanchez * Mathieu Weill * Thomas Rickert * Avri Doria * Robin Gross * Nigel Roberts * Eberhard Lisse * Matthew Shears * David McAuley * Greg Shatan * Paul Twomey * Jorge Cancio * Seun Ojedeji * Jordan Carter * Stephanie Perrin * David Einhorn * Kavouss Arasteh * Olga Cavalli * Rafik Dammak * Suzanne Radell * Phil Buckingham * Martin Boyle * Marilia Maciel * Markus Kummer * Marilyn Cade * Samantha Eisner We are still gathering names and working out details. Upcoming and ongoing activities of this group can be followed on the dedicated wiki: https://community.icann.org/x/io5CAw The email for this group is: WP4(a)icann.org<mailto:WP4@icann.org>. Best Regards, Kim Carlson

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Reference on Guiding Principles for Business & human rights
by Avri Doria Aug. 6, 2015

Aug. 6, 2015

This is essentially a forward of a message I sent to the accountability group last week. I thought it was WS2 work. As it now seems to be WS1 work, I repeat it here for reference. ---- I have extracted the following text from * Guiding Principles on Business and Human Rights <http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.…> <http://www.ohchr.org/Documents/Publications/GuidingPrinciplesBusinessHR_EN.…>* The UN text also contains explanations for each item. But for those who do not have time to read the whole document and Holly's excellent papers on this, this list is a starting place. these guiding principles are based upon fundamental human rights as defined in the UDHR, the ICCPR and the IESCR, i.e. the International Bill of Rights and ILO Pundamental Principles and Rights at Work. In my view, the operational policy already existing in ICANN and being added by WS1 meet many if not most of the conditions already. The list serves as a guideline of issues to be further studied in WS2 as a means of meeting the committment we need to include in WS1. Given an choice I would recommend that the first activity of WS2 would be for appropriate staff to produce a mapping of each of these to the various ICANN principles and operational practices. --- These Guiding Principles are grounded in recognition of: (a) States’ existing obligations to respect, protect and fulfil human rights andfundamental 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 and effective remedies when breached. (1-10 all pertain to states) *A. Foundational principles* 11. Business enterprises should respect human rights. This means that they should avoid infringing on the human rights of others and should address adverse human rights impacts with which they are involved. 12. The responsibility of business enterprises to respect human rights refers to internationally recognized human rights – understood, at a minimum, as those expressed in the International Bill of Human Rights and the principles concerning fundamental rights set out in the International Labour Organization’s Declaration on Fundamental Principles and Rights at Work. 13. The responsibility to respect human rights requires that business enterprises: (a) Avoid causing or contributing to adverse human rights impacts through their own activities, and address such impacts when they occur; (b) Seek to prevent or mitigate adverse human rights impacts that are directly linked to their operations, products or services by their business relationships, even if they have not contributed to those impacts. 14. The responsibility of business enterprises to respect human rights applies to all enterprises regardless of their size, sector, operational context, ownership and structure. Nevertheless, the scale and complexity of the means through which enterprises meet that responsibility may vary according to these factors and with the severity of the enterprise’s adverse human rights impacts. 15. In order to meet their responsibility to respect human rights, business enterprises should have in place policies and processes appropriate to their size and circumstances, including: (a) A policy commitment to meet their responsibility to respect human rights; (b) A human rights due diligence process to identify, prevent, mitigate and account for how they address their impacts on human rights; (c) Processes to enable the remediation of any adverse human rights impacts they cause or to which they contribute. *B. Operational principles* 16. As the basis for embedding their responsibility to respect human rights, business enterprises should express their commitment to meet this responsibility through a statement of policy that: (a) Is approved at the most senior level of the business enterprise; (b) Is informed by relevant internal and/or external expertise; (c) Stipulates the enterprise’s human rights expectations of personnel, business partners and other parties directly linked to its operations, products or services; (d) Is publicly available and communicated internally and externally to all personnel, business partners and other relevant parties; (e) Is reflected in operational policies and procedures necessary to embed it throughout the business enterprise. *Human rights due diligence* 17. In order to identify, prevent, mitigate and account for how they address their adverse human rights impacts, business enterprises should carry out human rights due diligence. The process should include assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed. Human rights due diligence: (a) Should cover adverse human rights impacts that the business enterprise may cause or contribute to through its own activities, or which may be directly linked to its operations, products or services by its business relationships; (b) Will vary in complexity with the size of the business enterprise, the risk of severe human rights impacts, and the nature and context of its operations; (c) Should be ongoing, recognizing that the human rights risks may change over time as the business enterprise’s operations and operating context evolve. 18. In order to gauge human rights risks, business enterprises should identify and assess any actual or potential adverse human rights impacts with which they may be involved either through their own activities or as a result of their business relationships. This process should: (a) Draw on internal and/or independent external human rights expertise; (b) Involve meaningful consultation with potentially affected groups and other relevant stakeholders, as appropriate to the size of the business enterprise and the nature and context of the operation. 19. In order to prevent and mitigate adverse human rights impacts, business enterprises should integrate the findings from their impact assessments across relevant internal functions and processes, and take appropriate action. (a) Effective integration requires that: (i) Responsibility for addressing such impacts is assigned to the appropriate level and function within the business enterprise; (ii) Internal decision-making, budget allocations and oversight processes enable effective responses to such impacts. (b) Appropriate action will vary according to: (i) Whether the business enterprise causes or contributes to an adverse impact, or whether it is involved solely because the impact is directly linked to its operations, products or services by a business relationship; (ii) The extent of its leverage in addressing the adverse impact. 20. In order to verify whether adverse human rights impacts are being addressed, business enterprises should track the effectiveness of their response. Tracking should: (a) Be based on appropriate qualitative and quantitative indicators; (b) Draw on feedback from both internal and external sources, including affected stakeholders. 21. In order to account for how they address their human rights impacts, business enterprises should be prepared to communicate this externally, particularly when concerns are raised by or on behalf of affected stakeholders. Business enterprises whose operations or operating contexts pose risks of severe human rights impacts should report formally on how they address them. In all instances, communications should: (a) Be of a form and frequency that reflect an enterprise’s human rights impacts and that are accessible to its intended audiences; (b) Provide information that is sufficient to evaluate the adequacy of an enterprise’s response to the particular human rights impact involved; (c) In turn not pose risks to affected stakeholders, personnel or to legitimate requirements of commercial confidentiality. *Remediation* 22. Where business enterprises identify that they have caused or contributed to adverse impacts, they should provide for or cooperate in their remediation through legitimate processes. 23. In all contexts, business enterprises should: (a) Comply with all applicable laws and respect internationally recognized human rights, wherever they operate; (b) Seek ways to honour the principles of internationally recognized human rights when faced with conflicting requirements; (c) Treat the risk of causing or contributing to gross human rights abuses as a legal compliance issue wherever they operate. 24. Where it is necessary to prioritize actions to address actual and potential adverse human rights impacts, business enterprises should first seek to prevent and mitigate those that are most severe or where delayed response would make them irremediable. *III. Access to remedy* *A. Foundational principle* 25. As part of their duty to protect against business-related human rights abuse, States must take appropriate steps to ensure, through judicial, administrative, legislative or other appropriate means, that when such abuses occur within their territory and/or jurisdiction those affected have access to effective remedy. *B. Operational principles* *State -based grievance mechanisms* 26 & 27 refer to state obligations *Non-State -based grievance mechanisms* 28. States should consider ways to facilitate access to effective non-State based grievance mechanisms dealing with business-related human rights harms. 29. To make it possible for grievances to be addressed early and remediated directly, business enterprises should establish or participate in effective operational-level grievance mechanisms for individuals and communities who may be adversely impacted. 30. Industry, multi-stakeholder and other collaborative initiatives that are based on respect for human rights-related standards should ensure that effective grievance mechanisms are available. *Effectiveness criteria for non-judicial grievance mechanisms* 31. In order to ensure their effectiveness, non-judicial grievance mechanisms, both State-based and non-State-based, should be: (a) Legitimate: enabling trust from the stakeholder groups for whose use they are intended, and being accountable for the fair conduct of grievance processes; (b) Accessible: being known to all stakeholder groups for whose use they are intended, and providing adequate assistance for those who may face particular barriers to access; (c) Predictable: providing a clear and known procedure with an indicative time frame for each stage, and clarity on the types of process and outcome available and means of monitoring implementation; (d) Equitable: seeking to ensure that aggrieved parties have reasonable access to sources of information, advice and expertise necessary to engage in a grievance process on fair, informed and respectful terms; (e) Transparent: keeping parties to a grievance informed about its progress, and providing sufficient information about the mechanism’s performance to build confidence in its effectiveness and meet any public interest at stake; (f) Rights-compatible: ensuring that outcomes and remedies accord with internationally recognized human rights; (g) A source of continuous learning: drawing on relevant measures to identify lessons for improving the mechanism and preventing future grievances and harms; Operational-level mechanisms should also be: (h) Based on engagement and dialogue: consulting the stakeholder groups for whose use they are intended on their design and performance, and focusing on dialogue as the means to address and resolve grievances. --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community(a)icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community --- This email has been checked for viruses by Avast antivirus software. https://www.avast.com/antivirus

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