[CCWG-ACCT] CCWG-Accountability-WS2-Plenary-20171018-Agenda and materials - incomplete version of Human Rights document

Tue Oct 17 11:43:01 UTC 2017

Thanks to Greg, Jorge, Niels and others. I am travelling and I won't be
able to attend the call (apologies), but as an active member of the HR
drafting team I am happy with the compromise achieved.

Warm regards,

Tanya

On 17/10/17 11:54, Niels ten Oever wrote:
> I would like to thank everyone who contributed to this compromise,
> especially Greg and Jorge. I sincerely hope that the subgroup and the
> plenary can gather behind this compromise, which not only leads to the
> addition to this text, but also to the removal of the dissenting opinion.
>
> Best,
>
> Niels
>
> On 10/17/2017 04:49 AM, Greg Shatan wrote:
>> All,
>>
>> After some further discussions, the suggested compromise on the Human
>> Rights Subgroup Report is attached in Word and PDF versions, and pasted
>> into the text below.  Jorge Cancio, who is traveling, has advised me
>> that he can live with this proposal. Thank you for your consideration.
>>
>> Greg
>>
>> *HUMAN RIGHTS SUBGROUP REPORT – COMPROMISE PROPOSAL*
>>
>> *
>> *
>>
>> To be inserted in “Considerations” section of document in: /"Consider
>> which specific Human Rights conventions or other instruments, if any,
>> should be used by ICANN in interpreting and implementing the Human
>> Rights Bylaw"/ (proposed language in red):
>>
>>
>> With regards to the UN Guiding Principles for Business and Human
>> Rights,[1] no consensus was reached as to their suitability for
>> interpreting the Core Value. However with regard to the implementation
>> of the Core Value certain aspects of the UN Guiding Principles for
>> Business and Human Rights could be considered as a useful guide in the
>> process of applying the Human Rights Core Value. There are certain
>> Guiding Principles that may not be suitable for ICANN and others that
>> might be applicable, depending on the circumstances. However, it is
>> beyond the scope of this document to provide a detailed analysis of the
>> Guiding Principles and their application, or not, in particular
>> situations.  To the extent that ICANN the Organization is a business, it
>> could consider certain aspects of the Guiding Principles as a useful
>> guide when applying the Human Rights Core Value to its business activities.
>>
>>
>> In any case, a conflict between any Guiding Principle and an ICANN Bylaw
>> provision or Article of Incorporation must be resolved in favor of the
>> Bylaw or Article. The use of the Guiding Principles as potential
>> guidance has to be carefully considered by each SO and AC as well as
>> ICANN the organization.
>>
>>
>> ------------------------------------------------------------------------
>>
>> [1]The "UN Guiding Principles for Business and Human Rights" is a
>> non-binding document developed to provide guidance for business
>> organizations.
>>
>>
>>
>>
>> On Mon, Oct 16, 2017 at 11:00 AM, Bernard Turcotte
>> <turcotte.bernard at gmail.com <mailto:turcotte.bernard at gmail.com>> wrote:
>>
>>     All,
>>
>>     As noted by Finn Petersen the Human Rights final report transmitted
>>     with the agenda for the 18 October plenary did not include the
>>     minority opinion (thanks Finn).
>>
>>     The correct version which was transmitted for the 27 September
>>     plenary is now attached to this email and the minority opinion is
>>     now in square brackets as requested at the 11 October plenary.
>>
>>     The proposed compromise posted in the chat of the 11 October plenary
>>     by Jorge Cancio can be found in the Adobe recording of that session
>>     at about 90 minutes into the recording at 
>>
>>     https://community.icann.org/pages/viewpage.action?pageId=71598556
>>     <https://community.icann.org/pages/viewpage.action?pageId=71598556> 
>>
>>     and is reproduced below for your convenience:
>>
>>         *Jorge Cancio (GAC Switzerland): The compromise would then be
>>         composed by (1) a footnote for the considerations part where the
>>         UNGP are mentioned, saying that the UNGP are relevant for
>>         business orgs; (2) the text formulated by Greg for the
>>         considerations with this wording: "the text as formulated by
>>         Greg is this: "To the extent that ICANN the Organization is a
>>         business, it could consider certain aspects of the Guiding
>>         Principles as a useful guide when applying the Human Rights Core
>>         Value to its business activities."*
>>
>>
>>     The decision recorded from this discussion at the 11 October plenary
>>     was:
>>
>>         *•FOI Human Rights final recommendations first reading –
>>         Approved with the dissenting opinion being bracketed as well as
>>         the final compromise position from the chat of the Adobe room.
>>         This should be resolved by the next plenary where it will be
>>         presented for a second reading*
>>
>>
>>     The Action Item as recorded as:
>>
>>         *•Human Rights subgroup to consider compromise text to avoid
>>         dissenting opinion in report. Any such compromise should be
>>         published by 17 October 23:59 UTC to allow participants time to
>>         consider it for the 18 October plenary.*
>>         *•Staff to include HR-FOI report for a second reading at 18
>>         October plenary.*
>>
>>
>>
>>     Apologies for any inconvenience.
>>
>>     Bernard Turcotte
>>     ICANN Staff Support to the CCWG-Accountability-WS2
>>
>>     _______________________________________________
>>     Accountability-Cross-Community mailing list
>>     Accountability-Cross-Community at icann.org
>>     <mailto:Accountability-Cross-Community at icann.org>
>>     https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>     <https://mm.icann.org/mailman/listinfo/accountability-cross-community>
>>
>>
>>
>>
>> _______________________________________________
>> Accountability-Cross-Community mailing list
>> Accountability-Cross-Community at icann.org
>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
>>