[Ws2-hr] CCWG WS2 Next Steps - Human Rights

Fri Jul 29 00:06:25 UTC 2016

Anne,

The Human Rights subgroup can consider your proposal as part of its work and
how it fits into the CCWG-Accountability WS2 remit, I have included the
various ways you can contribute to the work of the work below.

The mailing list for the Human Rights subgroup is ws2-hr at icann.org

The wiki page for the Human Rights subgroup is located at:
https://community.icann.org/x/ihWOAw

Karen Mulberry
Multistakeholder Strategy and Strategic Initiatives
ICANN

From:  "Aikman-Scalese, Anne" <AAikman at lrrc.com>
Date:  Thursday, July 28, 2016 at 5:49 PM
To:  Karen Mulberry <karen.mulberry at icann.org>, CCWG accountability
<accountability-cross-community at icann.org>
Cc:  ACCT-Staff <acct-staff at icann.org>, "'lists at nielstenoever.net'"
<lists at nielstenoever.net>, "Paul McGrady (Policy) (policy at paulmcgrady.com)"
<policy at paulmcgrady.com>
Subject:  RE: CCWG WS2 Next Steps - Human Rights

With respect to the Human Rights subgroup in Workstream 2, I would like to
ask that the UN Declaration on the rights of Indigenous Peoples be included
in this inquiry as we seek to develop a framework  of interpretation. The
CCWP on Human Rights (led by Niels) has already agreed to include the Rights
of Authors  (UN Universal Declaration Article 27) in its bullet points for
discussion with respect to Subsequent Procedures.  ICANN also needs to be
looking at the Human Rights of indigenous Peoples in this context and in the
context of development of the framework.  BY WAY OF DISCLOSURE OF INTERESTS,
I represent the Pascua Yaqui Tribe in Tucson Arizona.  (I do not, however,
have instructions from them with respect to participation in this Workstream
2 group.)

Provisions which I think are relevant to the framework of interpretation on
Human Rights  are pasted below.  The link to the Declaration is here:

http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf

Article 11
1. 
Indigenous peoples have the right to practise and revitalize their
cultural traditions and customs. This includes the right to maintain,
protect and develop the past, present and future manifestations of
their cultures, such as archaeological and historical sites, artefacts,
designs, ceremonies, technologies and visual and performing arts
and literature.
2. 
States shall provide redress through effective mechanisms, which
may include restitution, developed in conjunction with indigenous
peoples, with respect to their cultural, intellectual, religious and spir
-
itual property taken without their free, prior and informed consent
or in violation of their laws, traditions and customs.
Article 12
1. 
Indigenous peoples have the right to manifest, practise, develop
and teach their spiritual and religious traditions, customs and cer
-
emonies; the right to maintain, protect, and have access in privacy
to their religious and cultural sites; the right to the use and control
of their ceremonial objects; and the right to the repatriation of their
human remains.
2. 
States shall seek to enable the access and/or repatriation of cer
-
emonial objects and human remains in their possession through fair,
transparent and effective mechanisms developed in conjunction with
indigenous peoples concerned.
7
Article 13
1. 
Indigenous peoples have the right to revitalize, use, develop and
transmit to future generations their histories, languages, oral tradi-
tions, philosophies, writing systems and literatures, and to designate
and retain their own names for communities, places and persons.

Anne E. Aikman-Scalese
Of Counsel
520.629.4428 office
520.879.4725 fax
AAikman at lrrc.com <mailto:AAikman at lrrc.com>
_____________________________
Lewis Roca Rothgerber Christie LLP
One South Church Avenue, Suite 700
Tucson, Arizona 85701-1611
lrrc.com <http://lrrc.com/>

From: accountability-cross-community-bounces at icann.org
[mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Karen
Mulberry
Sent: Monday, July 11, 2016 1:44 PM
To: CCWG accountability
Cc: ACCT-Staff
Subject: [CCWG-ACCT] CCWG WS2 Next Steps

Sent on behalf of the CCWG-Acct Co-Chairs

CCWG WS2 Next Steps

Now that we have outlined the WS2 workplan as part of the discussion in
Helsinki, there are various areas where additional follow up will be needed
as the subgroups get underway.

Please note that the Subgroup sign up Google Doc will be closed as of 12
July 2016, to sign up as either an active participant or an observer in any
of the Subgroups going forward please send your request to ACCT-Staff
(acct-staff at icann.org).

WS2 SUBGROUPS 

The following timeline was presented in Helsinki with the work divided into
two approaches.  Simple topics are anticipated to be short term and should
be able to reach consensus quickly with a Public Comment period planned for
October 2016 and the final output to be presented at the ICANN meeting in
Copenhagen.  The more complex topics will take longer to develop and as such
will provide an update on the progress of the subgroup¹s work in Copenhagen,
with the final report expected to be delivered in June 2017. An early
indication from the Subgroup Rapporteurs as to whether their topic is on the
simple timeline or the complex timeline would be useful so that the CCWG can
plan its work to enable full participation in the subgroups of interest for
each participant.

Helsinki Timeline - Simple Topics  Short Term

€           June 2016: sub-groups agreed, commence work on docs for public
input

€           Aug 2016: first discussion with CCWG

€           Sep 2016: refining work

€           Oct 2016: CCWG agrees for public input

€           20 Oct-30 Nov: Public Input comment period

€           Dec 2016: Analyze public comment staff/subgroups

€           Jan 2017: Sub-groups refines and revises output

€           Feb 2017: CCWG agrees final Output for consideration by
community FOR ADOPTION at Copenhagen

Helsinki Timeline - Complex Topics  Intermediate/Long Term

€           Jun 2016: sub-groups agreed

€           Sep-Oct 2016: first discussion with CCWG - identifies whether
and how to update community at Hyderabad

€           Nov-Dec 2016: second discussion with CCWG (first SUBSTANTIVE)

€           Jan 2017: refining work

€           Feb 2017: CCWG agrees docs for public input

€           1 Mar to 10 Apr: Public Input comment period

€           Apr 2017: Analyze public comment staff/subgroups

€           May 2017: Sub-groups refines and revises output

€           May/Jun 2017: CCWG agrees final Output for consideration by
community

SUBTEAM LEADERSHIP 

The following have indicated that they wish to be rapporteurs for WS2
topics.

€           Diversity - Fiona Asonga, Rafik Dammak

€           Human Rights - Niels ten Oever, Nigel Roberts, Paul McGrady

€           Jurisdiction - Greg Shatan, Vinay Kesari

€           Ombudsman - Sebastien Bacholet

€           SO/AC Acct - Cheryl Langdon-Orr, Farzaneh Badii, Steve DelBianco

€           Staff Acct. - Avri Doria

€           Transparency - Michael Karanicolas

€           Reviewing CEP - Ed Morris

€           Guidelines for standards of conduct presumed to be in good faith
associated with exercising removal of individual ICANN Board Directors -
Lori Schulman

Designated rapporteurs will need to reaffirm their time commitment,
including the meeting time to work with the CCWG leadership team in
preparatory and post drafting of their recommendations and reports.

SUBGROUP DELIVERABLES

Each subgroup is expected to deliver a report of its findings and
recommendations to the CCWG Plenary for discussion and consensus.  Periodic
updates on the work of each subgroup will need to be provided by the
Rapporteurs during CCWG Plenary sessions to track progress.

The expectation is that the output reports and recommendations will look
like an Annex of the Work Stream 1 report. The structure is an executive
summary; a description of the issue, including the description of the
current state of play and incorporation of the discussions and inputs
received from the Work Stream 1 effort, the supplemental report; and a
section describing the requirements for the recommendation and how the
recommendation has been validated against WS1 recommendations. The report
and recommendation will also need to include text to demonstrate how the
subgroups recommendations are meeting what was previously known as the NTIA
requirements. 

Each subgroup needs to be careful to demonstrate that they are conducting
the due diligence needed in meeting the NTIA criteria with each and every
one of its recommendations and requirements.  These requirements will then
be translated into specific Bylaw articles after CCWG plenary discussion and
consensus and a Public Comment period has been held on the CCWG
recommendations.

SUBGROUP SCHEDULING

Staff can support up to nine (9), one hour meeting slots per week, which
will be available for the WS2 subgroup Rapporteurs to work together to
select their group¹s meeting dates and times.

The weekly 1-hour available slots for July and August will be as follows:

€           three (3) slots at 05:00 UTC,

€           three (3) slots at 13:00 UTC

€           three (3) slots at 20:00 UTC

The timing of the available slots will be reconsidered at the end of August
so adjustments can be made, if necessary.  However the nine (9) weekly one
(1) hour slots will remain consistent in order for ICANN staff to support
the work of all the subgroups with no more than three (3) slots to occur on
any one day of the week.

Karen Mulberry

Director

Multistakeholder Strategy and Strategic Initiatives

ICANN

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