Addendum 1: The proposed changes in full and the required format (and incorporating subsequent changes to ACP/3A1/11, 13, 14, & 15)
Addendum 2: More proposed changes, added at the same time as the revised version of the main document (5 October 2012).
This contribution presents the Asia-Pacific Telecommunity Common Proposals (ACPs) for the work of 2012 World Conference on International Telecommunications. These proposals have been developed by the APT Preparatory Group for WCIT-12 which held four meetings through 2011-2012, and have been approved by the Member administrations according to the approval procedure for APT Common Proposals to the WCIT-12.
Article 9 of the UN Convention on the Rights of Persons with Disabilities (UNCRPD) promotes the use of ICTs to enable full participation of persons with disabilities in all aspects of life, on an equal basis with others.
It would seem appropriate that the World Conference on International Telecommunications recognizes this by a provision that Member States encourage the provision of global services based on international standards that ensure accessible telecommunications and ICT services to persons with disabilities.
In line with this proposal, Hungary hereby proposes a new article on International Telecommunication Regulations (ITRs) named “Accessibility for Persons with disabilities”.
The new article should appear after the current article 8. Thus it should be numbered 8A. We note however that a proposal for a new article 8A on a totally different topic is found in WCTI/4 Add.2. In order to avoid confusion, we propose therefore to provisionally number our proposed new article as 8B, as follows:
Taking into account discussions at the 25 January 2010 meeting, and section 10 of the report of that meeting, and referring to Contribution 5 from the Arab States, Syria, on behalf of the Arab States, proposes that the group’s report to WCIT-12 be structured as follows:
2. The need for revision of the ITRs (this covers abrogation, modifications, and new provisions, including titles of articles)
3. Summary of the work of the ITR-EG and of the CWG-WCIT12
4. Main issues considered by the CWG-WCIT and possibly relevant Study Groups in accordance with their mandate
4.1 Basic provisions of the ITRs (Articles 1, 2, 7 and 8; Resolutions 1, 2 and 4-7 and Recommendations 1 and 2 of WATTC-88; and new issues on this subject)
4.2 International telecommunication services (Articles 3 and 4; and Resolution 8 of WATTC-88; and new issues on this subject)
4.3 Misuse of numbering resources, including calling party number delivery
4.4 Misappropriation of numbering resources
4.5 Security and safety in the context of ICT usage (Article 5; and new issues on this subject)
There have been discussions within CWG-WCIT12 regarding the interaction between article 10.4 of the ITRs (regarding notification of consent to be bound by the ITRs) and provisions of the Constitution regarding notification of approval of revisions of the Administrative Regulations, and some participants have requested that the Legal Advisor provide some information on that topic.
Therefore, the Secretariat has prepared this document in order to facilitate access to the relevant provisions of the Constitution, should CWG-WCIT12 wish to further discuss the topic.
1 At the sixth meeting of the Council Working Group to prepare for the 2012 World Conference on International Telecommunications (CWG-WCIT), on 28 February 2012, in the course of consideration of a proposal to introduce in the draft revised International Telecommunication Regulations (ITR) a new provision ADD 1.9, worded as follows: ADD 1.9: "Nothing in these regulations shall be interpreted as modifying the rights and obligations of Member States under any other treaties to which they are parties", it was agreed to seek legal clarifications on the impact of inserting or not inserting such a provision on the application of the future ITR.
2 This document endeavours to provide the requested clarifications.
3 To this end, it will examine in turn the purpose of the proposed provision, its conformity with the Vienna Convention on the Law of Treaties of 1969 (hereinafter referred to as "the Vienna Convention") and finally the potential legal implications of inserting or not inserting it in the ITR.
ICANN's two most powerful bodies, the GNSO and GAC, are due to approve extraordinary special protections for the Red Cross and the International Olympic Committee (IOC) on the Internet. But is the decision based on shaky legal advice?
Update: The GNSO has deferred a vote on the issue until a special meeting of the Council in just under two weeks.
Under proposals put forward by the GNSO - ICANN's main policy body - and due to be agreed to by the GAC - the governmental advisory committee, the world-famous international organizations will be given permanent control over their names, as well as any names that are similar to their names, wherever they appear across the Internet.
The basis for this extraordinary level of protection is that both organizations stand apart globally since they have their names protected by treaty and within the laws of a number of countries.*
According to the GAC chair, Heather Dryden, it has carried out "legal research" that "confirms that only the IOC and Red Cross qualify for unique levels of protection". In a letter from Dryden to GNSO chair Stephane van Gelder, it was also noted that: "No other international not-for-profit or non-governmental organizations have been afforded this threshold of protection at both the international and national levels." A full list of the protections granted to both was then provided in a letter created by GAC members.
Re: Protection Against the Misleading Use of the Names and Acronyms of International Intergovernmental Organizations in the Domain Name System
We, the Legal Counsels of the public international intergovernmental organizations (IGOs) indicated hereunder are writing to convey to you the concerns of the IGO community. The IGO community concerns relate to the increased potential for the misleading registration and use of IGO names and acronyms in the domain name system under ICANN's significant expansion plans.