[Ws2-hr] draft e-mail to CCWG plenary

Thu Dec 22 14:04:12 UTC 2016

Dear Niels
Thank you very much for the draft
one element to be added is:
There is time pressure  and budgetary restriction requiring to terminate
the task as soon as possible.
Regards
Kavouss

2016-12-22 13:46 GMT+01:00 Niels ten Oever <lists at nielstenoever.net>:

>
> Dear all,
>
> As promised, please find my draft e-mail to the CCWG plenary, as a
> follow-up to our most recent call, underneath.
>
> It would be great if we could discuss the document on this list, but if
> you have concrete edits would you be so kind to put them on this Google
> Doc in suggest mode?
>
> https://docs.google.com/document/d/16obX_TdZ8zkhX1BsTqPg0NjwTdhd9n0MBij
> ZQeF2das/edit?usp=sharing
>
> Thanks!
>
> Niels
>
>
> Dear CCWG Plenary,
>
> We hope this e-mail finds you all very well. As you all know we shared
> with you the Framework of Interpretation of the Human Rights bylaw.
> After this the Human Rights Subgroup worked on next steps, which led us
> to have a close look at our mandate and found out that there are
> different ways of interpreting this.
>
> That is why we come to you for guidance to see where we are, and where
> we should go next.
>
> In a bit more detail:
>
> Paragraph 14 of Annex 6 of the CCWG reads:
>
> The Human Rights-related activities to be addressed in Work Stream 2 are:
> • Developing a Framework of Interpretation for the Bylaw.
> • Considering which specific Human Rights conventions or other
> instruments should be used
> by ICANN in interpreting and implementing the Bylaw.
> • Considering the policies and frameworks, if any, that ICANN needs to
> develop or enhance in order to fulfill its commitment to Human Rights.
> • Considering how these new frameworks should be discussed and drafted
> to ensure broad
> multistakeholder involvement in the process, consistent with ICANN’s
> existing processes and protocols.
> • Considering what effect, if any, this Bylaw will have on ICANN’s
> consideration of advice given by the GAC.
> • Considering how, if at all, this Bylaw will affect how ICANN’s
> operations are carried out
>
> Whereas Paragraph 18 of Annex 12 of the CCWG report reads:
>
> 18 To ensure that adding a draft Human Rights Bylaw into the ICANN
> Bylaws does not lead to an expansion of ICANN’s Mission or scope, the
> CCWG-Accountability will develop a designated Framework of
> Interpretation as part of Work Stream 2 and will consider the following
> as it elaborates on the language to be used:
> • Consider which specific Human Rights conventions or other instruments
> should be used by
> ICANN in interpreting and implementing the Draft Human Rights Bylaw.
> • Consider the policies and frameworks, if any, that ICANN needs to
> develop or enhance in
> order to fulfill its commitment to Human Rights.
> • Consistent with ICANN’s existing processes and protocols, consider how
> these new
> frameworks should be discussed and drafted to ensure broad
> multistakeholder involvement
> in the process.
> • Consider what effect, if any, this proposed Bylaw would have on
> ICANN’s consideration of advice given by the Governmental Advisory
> Committee (GAC).
> • Consider how, if at all, this Bylaw will affect how ICANN’s operations
> are carried out.
> • Consider how the interpretation and implementation of this Bylaw will
> interact with existing and future ICANN policies and procedures.
>
> In our initial work we focused on providing a Framework of
> Interpretation of the Bylaw, clearly stating how it should be
> interpreted, and we did not focus on implementation, even though of
> course we considered the potential consequences this might have.
>
> The question is now, what are the next steps? We see different options:
>
> 1. We're done. The FoI is developed, and under consideration of the
> plenary.
> 2. We need to have a second look at the FoI and make potential
> amendments to give more guidance to the considerations mentioned above.
> 3. We will need to produce a new document with examples and
> recommendations on what potential next steps could be
> 4. We need to do a test on specific cases to see whether the FoI suffices.
>
> We've have made first steps into the direction of step 3, but this lead
> us into quite detailed discussions on how and where Human Rights Impact
> Assessments could be integrated in PDPs and ICANN operations. In these
> discussions it felt that we we're going in too much detail, and stepping
> outside of the mandate of our Subgroup.
>
> Another option could be (and this might be a mix between option 1 and 3)
> to issue a high-level recommendation for the chartering of a new CCWG on
> Human Rights to specifically work on the steps of implementation, and
> advise different SO's and AC's on how they could implement this in their
> process, as well as discussing measures for ICANN the corporation.
>
> These are all options that we would like to bring in front of the
> plenary, and we would greatly appreciate your thoughts on these and
> potential other options.
>
> The Human Rights Subgroup wishes you a vitalizing festive season and
> we're greatly looking forward to complete our work in Workstream 2 with
> you all in 2017.
>
> All the best,
>
> The CCWG Human Rights Subgroup
>
>
>
>
>
> --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
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