[Wp4] Fwd: Re: [] Variety of formulation for Human Rights bylaw that were made. - corrected

[Avri Doria]

Hi,

In this case I think there may be a number of solutions that are right,
especially when we remember all we are trying to do for WS1 is to
record  a bylaws commitment to respect human rights in the work ICANN does.
We are not trying to solve all the complex of issues that we may want
too bring up.  We need to find a way to just pick one.

I really think trying to wordsmith as simple a statement as possible is
still out best alternative.

Though I can think of no better reason to miss our deadlines than a
discussion of ICANN's Corporate responsibility to respect human rights,
something I think I could work on forever,  it would be nice if we
didn't miss the deadline because of the discussion. But if we do miss
the deadline, that's life.  We have seen that the sky does not fall when
a deadline is missed. And this is important.

avri





On 06-Aug-15 09:25, Dr Eberhard W Lisse wrote:
> Avri,
>
> we need to get this right. 
>
> We are not going to let the outcome dictated by arbitrary and self
> imposed time frames.
>
> el
>
> -- 
> Sent from Dr Lisse's iPhone 6
>
>
> On Aug 6, 2015, at 13:52, Avri Doria <avri at acm.org
> <mailto:avri at acm.org>> wrote:
>
>> Hi,
>>
>> While this is important, isn't this a broader discussion than is need
>> for WS1?  This seems to me to be the work we need to commit ourselves to
>> for WS2, not the work we need to do to get a bylaws value commitment
>> in WS1.
>>
>> So while it will be good for everyone to read this document, the
>> extensive process suggested below seems to be front loading the issue.
>> I would not wish to see such front loading used to [accidentally] undo
>> the decisions already made about needing wording for WS1.
>>
>> avri
>>
>>
>> On 06-Aug-15 08:05, Nigel Roberts wrote:
>>> Dear colleagues
>>>
>>> While I very much appreciate the postive intent of the different texts
>>> proposed for a by-law, (and indeed have commented upon/contributed to
>>> several), I would like to suggest that the most appropriate way forward
>>> in starting WP4 might not be to compare and contrast competing
>>> worldviews with a view to synthesis, but instead to zoom out for a
>>> second, and let us look at this a little more holistically (or as a
>>> lawyer might put it, purposively rather than literally).
>>>
>>> With that mind I gratefully adopt and recommend the earlier suggestion
>>> (made by Avri, I think), that the United Nations' "Guiding Principles on
>>> Business and Human Rights" on the issue of human rights and
>>> transnational corporations are directly relevant to the purpose we are
>>> trying to acheive; and accordingly, we perhaps start out by developing a
>>> common understanding of what we want to achieve in the (very much
>>> needed) By-Law that we expect to see come out of this.
>>>
>>>
>>> Paul Twomey, Kavouss Arasteh and others clearly highlight the dangers of
>>> too-wide drafting, leading to mission creep.
>>>
>>> I agree with this.
>>>
>>> And I also submit that the dangers of an over-narrow, or too-literal
>>> approach would lead to the proposed by-law (whatever it says) being
>>> ineffective and irrelevant.
>>>
>>> Perhaps we should start by reviewing how ICANN (*WITHIN ITS MISSION*)
>>> might have effects on fundamental rights of the people and organisations
>>> it comes into contact with, and from there we can work out how to
>>> integrate a commitment that becomes part of the organisational DNA such
>>> that respect for fundamental rights is seen as a positive aspect of
>>> ICANN's work, and not a burden to be reluctantly shouldered?
>>>
>>>
>>>
>>> On 08/05/2015 02:42 PM, Kavouss Arasteh wrote:
>>>> Dear All,
>>>> While I agree with many of the texts / options referred to above, my
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