[CCWG-ACCT] CCWG-Accountability-WS2 - 27-28 September Plenary Agenda and Materials - 1 of 2 - FoI text proposal to bridge divergences
Olga Cavalli
olgacavalli at gmail.com
Thu Sep 28 17:03:40 UTC 2017
Dear Jorge,
we support your proposal to be included in the HR-FoI document.
Best regards
Olga
2017-09-28 13:34 GMT-03:00 Finn Petersen <FinPet at erst.dk>:
> Dear Jorge,
>
> Thank you for your proposal, which I fully support to be included in the
> HR-FOI document.
>
> Best,
>
> Finn
>
> Sendt fra min iPad
>
> Den 28. sep. 2017 kl. 14.21 skrev "Jorge.Cancio at bakom.admin.ch" <
> Jorge.Cancio at bakom.admin.ch>:
>
> Dear all,
>
>
>
> Further to my Email below, I would like to share with you the following
> proposal that would constitute in my view an acceptable outcome of the
> public consultation on the Framework of Interpretation, and build on the
> wording proposals made by Switzerland in its public comment input (see
> attached) and the exchanges had thereafter in the Subgroup.
>
>
>
> Specifically, I would like to propose that the following paragraph on page
> 6 (under “internationally recognized human rights”) be reworded as follows (changes
> in red):
>
>
>
> “*By committing to one or more of these international instruments, nation
> states are expected to embed human rights in their national legislation. *
>
> *The UN Guiding Principles on Businesses and Human Rights are relevant for
> business organizations. Insofar ICANN the Organization is concerned, it
> should consider, as a business, the UN Guiding Principles on Businesses and
> Human Rights as a useful guide when applying the Human Rights Core Value.*
> *“*
>
>
>
> The UN Guiding Principles on Businesses and Human Rights (UNGP) are the
> universally accepted voluntary standard for business organizations.
> Therefore, we feel that it should be mentioned under the instruments
> regarding “internationally recognized human rights”. In order to avoid any
> extension of the UNGP to the non-business elements of ICANN (SO/ACs) there
> is specific mention that the UNGP would be relevant only for ICANN the
> Organization. In addition, the mention is constrained to having to
> “consider” the UNGP “as a useful guide” – which, in our view, eliminates
> any perceived danger of creating any obligation whatsoever through this
> mention.
>
>
>
> I hope that this compromise proposal may be positively considered by all
> of you. Please note that it is made only by me with the aim of arriving at
> a common ground and that it has not been possible to coordinate due to time
> constraints with the other participants joining the dissent.
>
>
>
> Best regards
>
>
>
> Jorge
>
>
>
>
>
> *Von:* accountability-cross-community-bounces at icann.org [
> mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>] *Im Auftrag von *
> Jorge.Cancio at bakom.admin.ch
> *Gesendet:* Montag, 25. September 2017 15:34
> *An:* turcotte.bernard at gmail.com; accountability-cross-community at icann.org
> *Betreff:* Re: [CCWG-ACCT] CCWG-Accountability-WS2 - 27-28 September
> Plenary Agenda and Materials - 1 of 2
>
>
>
> Dear all,
>
>
>
> Regarding *agenda point 8* and specifically the *dissenting opinion*
> attached to the Report from the Subgroup dealing with the Framework of
> Interpretation (FOI) of the Human Rights Core Value (see p. 2 of the
> attached document), which I have filed together with a number of
> colleagues, I would like to share some thoughts and a suggested path
> forward with the CCWG Plenary before the calls scheduled to discuss this.
>
>
>
> The main point of the dissent is, in my view, that we feel that the public
> comment period showed the existence of two schools of thought: some that
> favored maintaining the text sent to public comment “as is” (ALAC to a
> certain extent, and a number of different GNSO constituencies) and those
> (UK, BRZ, and CH) proposing some steps forward, especially in the
> recognition of the UN Guiding Principles (Ruggie Principles).
>
>
>
> However, again in our view, the discussions in the Subgroup did not yield
> a properly balanced result, which would have reflected at least some if not
> all of the positions and proposals made by the named Governments. This
> relates in particular, *that the FOI text should make stronger reference
> to the UN Guiding Principles as the most relevant voluntary international
> standard*. In our view, the Subgroup did not undertake an inclusive
> enough effort to determine if a compromise text could be formulated that
> would accommodate this position of the three governments.
>
>
>
> Therefore, I would like to *suggest that the CCWG Plenary could decide
> that some additional efforts to reaching a broader consensus on this
> important issue should be made* – a broader consensus that could be more
> inclusive of all views expressed during the public comment period.
>
>
>
> Hence, I would *suggest that the CCWG decides that the Report together
> with the dissent are sent back to the Subgroup with the request that a
> broader consensus solution is quickly sought within the coming e.g. 2 weeks
> after the Plenary call*.
>
>
>
> I hope this way to proceed may seem reasonable to you and obtain your
> support during the abovementioned call. I would be happy to answer any
> questions you may have and look forward to your feedback.
>
>
>
> For my part I’ll try hard to attend the Wednesday call, but I’m
> (physically) attending at the same time *the UN CSTD Working Group on
> Enhanced Cooperation*. Hence, I would be very thankful if this issue
> could be discussed on the Thursday call instead if possible.
>
>
>
> Kind regards
>
>
>
> Jorge
>
>
>
>
>
> *Von:* accountability-cross-community-bounces at icann.org [
> mailto:accountability-cross-community-bounces at icann.org
> <accountability-cross-community-bounces at icann.org>] *Im Auftrag von *Bernard
> Turcotte
> *Gesendet:* Donnerstag, 21. September 2017 18:05
> *An:* Accountability Cross Community <accountability-cross-
> community at icann.org>
> *Betreff:* [CCWG-ACCT] CCWG-Accountability-WS2 - 27-28 September Plenary
> Agenda and Materials - 1 of 2
>
>
>
> All,
>
>
>
> Please fins below and attached the agenda for the 27-28 September plenary.
>
>
>
> As noted in an earlier email the Co-Chairs do not believe the plenary can
> get through all of these materials in a single two hour session and that it
> is imperative we do so this week given the timing constraints we are
> working under. As such an additional 2 hour plenary session has been added
> 28 September 1900 UTC (the original plenary meeting scheduled for 27
> September 1300 UTC still stands).
>
>
>
> Also please note that given the large volume of documents we will be
> including these in two separate emails to avoid size limit issues for
> participants.
>
>
>
> Please do not hesitate to contact me if you have any questions or problems
> with the documents.
>
>
>
>
>
> Bernard Turcotte
>
> ICANN Staff Support to the CCWG-Accountability-WS2
>
>
>
> *Agenda for the CCWG-Accountability-WS2 Plenary of 27 and 28 September*
>
>
>
> 1. Introduction, update to SOIs, reminder on standards of behavior
>
> 2. Review of Agenda
>
> 3. Administration
>
> 3.1. Review timeline.
>
> 3.2. Reminder of 27 October face to face in Abu Dhabi.
>
> 3.3. Reminder of High Interest sessions in Abu Dhabi
>
> 4. Legal Committee Update
>
> 4.1. Question sent to ICANN Legal on Ombudsman recommendation 8
> regarding the independence of the proposed Ombuds Advisory Panel (questions
> sent directly to ICANN legal on approval of Co-chairs).
>
> 4.2. Transparency – at the 13 September meeting of the sub-group updated
> language for recommendations 2, 15 and 16 were considered. ICANN Legal
> advised that they would consider these and provide written feedback to the
> sub-group.
>
> 5. Point on Quorum (held over from last plenary)
>
> 6. Second Reading of the draft recommendations of the Diversity
> sub-group.
>
> - CCWG-Accountability-WS2-Diversity-DrafRecommendations-20170927
> (attached - same document as distributed to the 30 August plenary)
>
> 7. First reading of the final recommendations of the SOAC
> Accountability sub-group.
>
> - CCWG-Accountability-WS2-SOACAcct-FinalReport-20170927 (attached)
> - CCWG-Accountability-WS2-SOACAcct-FinalReport-RedLine-20170927
> (attached)
> - CCWG-Accountability-WS2-SOACAcct-AnalysisandResponsetoPublicComments-20170927
> (attached)
>
> 8. First reading of the final recommendations of the Human Rights
> sub-group.
>
> - CCWG-Accountability-WS2-HumanRight-FinalReportWithAdditions-20170927
> (attached)
> - CCWG-Accountability-WS2-HumanRights-PublicConsultation-May2017-Responses
> (attached)
>
> 9. First reading of the draft recommendation of the Ombuds sub-group
> (please note that the final report of the external review is provided as a
> separate file due to size issues)
>
> - CCWG-Accountability-WS2-Ombudsman-DrafRecommendations-20170927
> (attached in second email)
> - CCWG-Accountability-WS2-Ombudsman-ExternalReview-Final (attached
> in second email)
>
> 10. First reading of the draft recommendation of the Staff Accountability
> sub-group.
>
> - CCWG-Accountability-StaffAcct-DraftReport-20170927V1.6 (attached in
> second email)
> - CCWG-Accountability-StaffAcct-DraftReport-TrnasmissionLetter-20170927
> (attached in second email)
>
> 11. AOB
>
> 12. Next Plenaries
>
> 12.1. Thursday 28 September 19:00UTC
>
> 12.2. Wednesday 4 October 0500 UTC (optional but please
> schedule)
>
> 12.3. Wednesday 11 October 1300 UTC (optional but please
> schedule)
>
> 12.4. Wednesday 18 October 1900UTC
>
> 13. Adjournment
>
>
>
>
>
>
>
> <CCWG-Accountability-WS2-HumanRight-FinalReportWithAdditions-20170927.pdf>
>
> <20170616 Swiss comments to Framework of Interpretation final.pdf>
>
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