IGF 2018 WS #349 A Multistakeholder Approach to HRIAs: Lessons from ICANN

Human Rights Impact Assessments (HRIAs) are a useful and increasingly widespread tool to inform private actors of the potential negative impacts of their policies, and to help mitigate their consequences. Prior panels, including at IGF, have been instrumental in developing best practices for HRIAs in the ICT sector This round table aims to further advance the discussion by introducing new HRIA models emerging from ICANN’s multistakeholder process, including valuable lessons which can be scaled out to improve HRIA models more generally.

In 2016, ICANN added the Core Value of “respecting internationally recognized human rights as required by applicable law” to its bylaws. The provision was made at the time, however, that the new human rights bylaw would remain dormant unless and until a framework of interpretation was developed and approved by the ICANN Board. As of March 2018, the framework of interpretation has been finalized and is awaiting approval, which has in turn led to new work within ICANN’s advisory and policy-making bodies to devise means of incorporating the new Core Value into their processes. Thus far, multistakeholder human rights impact assessments have gained the most traction as a potential compliance mechanism.

Multistakeholder impact assessments are premised on meaningful inclusion and stakeholder engagement throughout the process, with representatives from companies and communities coming together to jointly develop and undertake impact assessments. Such a collaborative approach has the potential to achieve a more accountable process, while generating trust among participants. Multistakeholder impact assessments also overcome the perceived biases of strictly company-led HRIAs, which are often conducted internally with little consultation from civil society or affected communities, and community-led assessments, which may lack crucial information about decision-making processes.

In impact assessments, the term “communities” generally refers to groups of people living in the same locality. When applied in the ICANN context, however, the term “community” expands exponentially to encompass the entirety of Internet users, as well as other companies, academia, technical operators, and even governments. Multistakeholder HRIAs in ICANN benefit from the differing perspectives and skill sets of these stakeholder groups, thereby resulting in an impact assessment that is potentially more comprehensive, actionable, and technically sound.

This round table will be divided into three parts, looking at the origins, influences, and progress of multistakeholder HRIAs in ICANN. Q&A intervals will follow each section to maximize audience engagement and promote a constructive flow of exchanges.