[CCWG-ACCT] Definition of public policy advice from the GAC

[Tracy F. Hackshaw @ Google]

Hi Rudi,

In some (many? all?) countries (like mine), a decision of the
*Cabinet* AUTOMATICALLY
qualifies as GOVERNMENT Policy ... however, not in all cases would these
qualify as Public or National Policy (as an example, they may be missing
the public consultative element).

Nonetheless, and again, *this is from my own position ONLY*, I would
imagine that in the GAC, representatives must also consider these forms of
Policy (which are essentially indications of a Government's position on a
particular issue) in the GAC deliberations. I woudn't exactly identify
these as policy which is not "done" or fully "cooked" given that the
Cabinet (or equivalent High Level Decision Making Body or Authority) has
approved same.

Policy Advisors, Technocrats and Diplomats (comprising the majority, if not
all of the GAC Membership) *MUST* factor in this form of policy (i.e. that
referred to "Government Policy") in their deliberations and discussions.

My $0.02

Rgds,

Tracy

On 29 October 2015 at 21:22, Rudolph Daniel <rudi.daniel at gmail.com> wrote:

> Having read Tracy's illumination, I would ask,  for my edification; does
> the delicate and deliberate process you speak of also take onto account
> policy which may not actually be done ( implemented) and policy which is
> done, which may not have been declared as policy? If you get my drift. This
> is not an area I am too familiar with.
>
> Justice Burrough
>
> "Public policy ... is a very unruly horse and when you get astride of it,
> you never know where it will carry you."
>
>
> rd
> On Oct 29, 2015 8:36 PM, "Tracy F. Hackshaw @ Google" <
> tracyhackshaw at gmail.com> wrote:
>
>> Hi Bruce,
>>
>> While I can't speak for the GAC on this, as a GAC member, and as a former
>> student of the topic, I can provide my understanding based on my role in my
>> country's Government if that might be helpful.
>>
>> In my country, and in many parts of the world, the term, Public Policy is
>> not used. In many countries (as in mine) Public Policy = National Policy.
>>
>> Public or National Policy *IS NOT EQUIVALENT* to National Law, however,
>> it is the key and normally most critical *precursor* to the development
>> of legislation in the Government law making process. If we were to stretch
>> the concept somewhat, we can say that National Law (when promulgated) forms
>> a key element - but still a subset - of Public or National Policy.
>>
>> In summary and simply, Public or National Policy is a Government's
>> statement of direction - usually with clearly stated objectives and
>> deliverables - on a particular area or series of areas - that is intended
>> to be reflective of that country's (citizens') norms, attitudes, cultures
>> and values; and further, to be implemented (and regulated and enforced,
>> where applicable) by a country's various institutions primarily consisting
>> of the Executive, the Legislature and the Judiciary. As a rule of thumb,
>> National Policies should be developed through extensive consultation with a
>> country's stakeholders over a significant period of time and several
>> iterations of National Policy are to be expected before becoming "final"
>> (and potentially leading to legislation). In other cases, National Policy
>> is time limited and subject to periodic cycles of consultative redrafting
>> and review - with potential attendant changes to related laws and
>> regulations.
>>
>> Public or National Policy is intended to be reflective of, and protective
>> of, what has often been termed as the "Public Interest".
>>
>> Of course, the above leads to the obvious issue - in the GAC, given that
>> there are now over 150 members, what is/can be considered "public policy"
>> advice?
>>
>> You will appreciate therefore the delicate and deliberate efforts at
>> consensus building in the GAC in issuing "public policy" advice.
>>
>> Rgds,
>>
>> Tracy Hackshaw
>>
>>
>> On 29 October 2015 at 18:23, Bruce Tonkin <
>> Bruce.Tonkin at melbourneit.com.au> wrote:
>>
>>> To the GAC members on this list,
>>>
>>> I note that in the bylaws the GAC has a role in providing "public
>>> policy" advice to ICANN.
>>>
>>> Does the GAC have a working definition of what this means?   Is there a
>>> UN standard definition of some sort?
>>>
>>> and I must admit I have never fully understand the term.
>>>
>>> I had originally expected that the GAC would provide advice on national
>>> laws and international treaties as it relates to ICANN.
>>>
>>> I can understand that each country may have "policies" that are perhaps
>>> written documents and may vary by which government is in power at the
>>> time.  E.g. a national government may have a written immigration policy or
>>> a foreign trade policy etc.   These policies presumably have been approved
>>> by one or more Government ministers, and would generally be public.
>>>
>>> Not sure how the GAC provides advice on "public policy" - should there
>>> be some sort of written national policies that support such advice?
>>>
>>> e.g. ICANN policies are documented, approved by the Board, and made
>>> public.
>>>
>>> Thanks,
>>> Bruce Tonkin
>>> _______________________________________________
>>> Accountability-Cross-Community mailing list
>>> Accountability-Cross-Community at icann.org
>>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>>
>>
>>
>> _______________________________________________
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>>
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