[CCWG-ACCT] Recommendation 6 - Human Rights - 1st reading conclusions

[Alice Jansen]

Sent on behalf of CoChairs

Please find below the main conclusions of our deliberations during call #76. The updated document is attached.

1.Agreement to rely on target dates instead of hard deadlines, in line with general approach agreed for WS2
2. Discussed comments (including Icann Board, RrSG…) requesting that the inclusion of human rights language into the bylaws be delayed until the proposed framework of interpretation was completed or even only be considered in Work Stream 2.
a.Independent lawyer input has been provided and concludes : While the addition of the proposed human rights bylaw provision should not increase the exposure of ICANN to legal liability, we recognize that special interest groups and individuals might seek to bring non-meritorious claims, but the risk of meritless claims is already a risk that ICANN faces.
b. Board clarified that concern included risk that IRP would interpret the Bylaw language and create “case law policy” while the FoI is finalized.
c. Consider Lawyer input suggestion as follows :
i. “ expressly limiting the jurisdiction of any internal dispute resolution systems within ICANN (such as the IRP) to preclude claims of human rights violations that are not grounded in a specific violation of an applicable law”.
3. Members and Board are invited to consider whether option c) could be an acceptable way forward
a. Confirm recommendation bylaw language as part of WS1, despite concerns expressed
b. Defer bylaw language adoption to WS2, when FoI is finalized
c. Adopt adjusted bylaw language as part of WS1 to clarify that it can only be enforced or used in an IRP once the FoI is approved (Such as : “This articles becomes effective 30 days after approval of the FoI…”).

Second reading is planned for Tuesday, 19 January.

Best regards

Mathieu, Thomas, León

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