[CCWG-ACCT] [Wp4] WP4 Deliverable: Elaborating an ICANN Commitment to Human RIghts

Dr Eberhard W Lisse el at lisse.NA
Thu Nov 5 12:51:21 UTC 2015


I have redirected this to the main list.

I fully agree with Nigel's measured statement.

Not acceptable.

el

On 2015-11-05 13:13, Nigel Roberts wrote:
> I have to say that I am rather dissatisfied with this camel.
> 
> I see it translates as
> 
> "Within its mission and in its operations, ICANN will respect
> internationally recognized human rights.  But really it won't."
> 
> Thus qualifer, which will eviscerate any commitment whatsoever to
> basic standards of respect for human rights in a privatised ICANN,
> means that ICANN is not worthy of transition until a meaningful
> committment is produced.
> 
> 
> On 03/11/15 13:58, McAuley, David wrote:
>> I also want to thank Tatiana, Greg, Niels, Leon, and Matthew for
>> this.
>>
>> I had a long-planned family event and did not see this final
>> version until our CCWG call(1am my time) and so I probably
>> surprised you by asking for a tweak.  Sorry to take you by
>> surprise like that.
>>
>> Here is the paragraph I sought a tweak on:
>>
>> /Within its mission and in its operations, ICANN will respect
>> internationally recognized human rights.  This commitment does
>> not in any way create an obligation for ICANN, or any entity
>> having a relationship with ICANN, to protect or enforce human
>> rights.  In particular, this does not create any obligation for
>> ICANN to respond to or consider any complaint, request or demand
>> seeking the enforcement of human rights by ICANN./
>>
>> //
>>
>> My concern was that the phrase */or any entity having a
>> relationship with ICANN* / in the second sentence did not appear
>> in the third before the words “/to respond”/.
>>
>> Yes, that would add to the “clunkiness” of the wording but
>> the concern (the usual suspect) is that complainants lawyers will
>> pick that difference apart to the great detriment of those having
>> a relationship with ICANN. And that is why I ask for the change
>> – and am glad our outside counsel will have a go at this in the
>> end.
>>
>> Again, many thanks all.
>>
>> David McAuley
>>
>> *From:*wp4-bounces at icann.org [mailto:wp4-bounces at icann.org] *On Behalf
>> Of *León Felipe Sánchez Ambía
>> *Sent:* Monday, November 02, 2015 8:51 PM
>> *To:* Greg Shatan
>> *Cc:* acct-staff at icann.org; wp4 at icann.org
>> *Subject:* Re: [Wp4] WP4 Deliverable: Elaborating an ICANN Commitment to
>> Human RIghts
>>
>> Dear Greg,
>>
>> Thank you, Tatiana, Niels, Matthew and David for this new
>> document.  I think it's a great document that, from my
>> perspective, appropriately reflects the work done in our WP4 and
>> suggests concrete solutions and steps forward.
>>
>> Will wait for others to comment but I would say it's ok to be
>> delivered and shared with the larger CCWG.
>>
>> Thanks to all in the WP. You have all made an outstanding job!
>>
>> Kind regards ,
>>
>> León
>>
>>
>> El 02/11/2015, a las 7:36 p.m., Greg Shatan <gregshatanipc at gmail.com
>> <mailto:gregshatanipc at gmail.com>> escribió:
>>
>>     All:
>>
>>     Attached are Word and PDF versions of a proposed final draft
>>     of the deliverable of WP4, which is intended to become part
>>     of the next Report of the CCWG.
>>
>>     Niels and Tatiana and Matt went through the document after
>>     our call and edited and resolved the proposed changes in the
>>     document.  I followed with further edits and formatting work.
>>     I believe that all of us sought to be neutral /rapporteurs/
>>     carrying out the sense of today's call and the work of our
>>     group.
>>
>>     I felt that we needed a section which specifically set out
>>     the process and results of our discussions on refining the
>>     language of the Bylaw, rather than leaving this to our
>>     recommendations in the final section of the document.
>>     Therefore, I took the liberty of creating such a section, and
>>     hope that you will find that this section reflects our work.
>>
>>     This document also remains available on Google Drive.
>>
>>     I look forward to any comments.
>>
>>     Best regards,
>>
>>     Greg
>>
>>     <Elaborating an ICANN Commitment to Human Rights.docx>
>>
>>     <Elaborating an ICANN Commitment to Human Rights.pdf>
[...]

-- 
Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
el at lisse.NA            / *     |   Telephone: +264 81 124 6733 (cell)
PO Box 8421             \     /
Bachbrecht, Namibia     ;____/


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