[Ws2-hr] Proposed agenda meeting 31 - August 8 19:00 UTC

Tue Aug 8 17:42:28 UTC 2017

The existing language in "Considerations" is pasted below.  It's not clear to me where this new language just sent by Niels is intended to be inserted, but it appears there could be a conflict with the existing language below, as noted by Bastiaan.

With regards to the UN Guiding Principles for Business and Human

Rights , 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.

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.

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com

_______________________________

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 700

Tucson, Arizona 85701-1611

lrrc.com

-----Original Message-----
From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On Behalf Of McAuley, David via Ws2-hr
Sent: Tuesday, August 08, 2017 10:02 AM
To: ws2-hr at icann.org
Subject: Re: [Ws2-hr] Proposed agenda meeting 31 - August 8 19:00 UTC

Hi Niels,

Thank you for these.

I looked at the latest google doc link you sent (https://docs.google.com/document/d/17AvMLBfT8BmC3gUOTvaIuTuEqMbgiporUwqNymvhWhc/edit) and did not see the proposed language of 3.1 in there and so am assuming you want to pass it by on the list first – and I see others have weighed in.

With respect, I would suggest a few edits to 3.1 as proposed – I think I am fairly in line with Tatiana’s thoughts but can also explain on the call as well:

3.1 When examining its operations, ICANN the organization could consider using a framework like the UNGPs as well as specific instruments such as HRIAs to assess its impact on Human Rights. (STRIKING "and offer remediation").

However, it is up to ICANN the organization to decide whether and how (i.e., the most appropriate framework and instrument) to do this. The results of ICANN the organization's analysis should be reflected in ICANN’s annual reporting. (ADDING the "whether and how" language).

Best regards,

David

David McAuley

Sr International Policy & Business Development Manager Verisign Inc.

703-948-4154

-----Original Message-----

From: ws2-hr-bounces at icann.org<mailto:ws2-hr-bounces at icann.org> [mailto:ws2-hr-bounces at icann.org] On Behalf Of Niels ten Oever

Sent: Tuesday, August 08, 2017 8:44 AM

To: ws2-hr at icann.org<mailto:ws2-hr at icann.org>

Subject: [EXTERNAL] Re: [Ws2-hr] Proposed agenda meeting 31 - August 8 19:00 UTC

Hi all,

I am very sorry, I made a mistake in the text I shared under 3.1  with you before. Please use this version and please accept my apologies.

You can also find the whole text as always in the Google doc:

https://docs.google.com/document/d/17AvMLBfT8BmC3gUOTvaIuTuEqMbgiporUwqNymvhWhc/edit

Dear all,

I hope this email finds you all very well. Please find the proposed agenda for the meeting of August 8, 19:00 UTC underneath:

1. Administrivia

Roll call, absentees, SoIs, etc

2. Review of last weeks changes

2.1 addition ‘, but not limited to:’ to two footnotes

3. Proposed change as follow-up to last weeks discussion

3.1 When examining its operations, ICANN the organization could consider using a framework like the UNGPs as well as specific instruments such as HRIAs to assess its impact on Human Rights, and offer remediation.

However, it is up to ICANN the organization to decide the most appropriate framework and instrument to do this. The results of ICANN the organization's analysis should be reflected in ICANN’s annual reporting.

4. Preparation of statement to CCWG

5. AOB

Looking forward to discuss on the call.

Best,

Niels

On 08/08/2017 02:22 PM, Niels ten Oever wrote:

> Dear all,

>

> I hope this email finds you all very well. Please find the proposed

> agenda for the meeting of August 8, 19:00 UTC underneath:

>

> 1. Administrivia

> Roll call, absentees, SoIs, etc

> 2. Review of last weeks changes

> 2.1 addition ‘, but not limited to:’ to two footnotes

>

> 3. Proposed change as follow-up to last weeks discussion

> 3.1 When examining its operations, ICANN the organization could

> consider using a framework like the UNGPs as well as specific

> instruments such as HRIAs to assess its impact on Human Rights, and offer remediation.

> However, it is up to ICANN the organization to decide the most

> appropriate framework and instrument to do this. The results of ICANN

> the organization's analysis should such HRIAs should be reflected in

> ICANN’s annual reporting.

>

> 4. Preparation of statement to CCWG

> 5. AOB

>

> Looking forward to discuss on the call.

>

> Best,

>

> Niels

>

>

>

>

>

>

> _______________________________________________

> Ws2-hr mailing list

> Ws2-hr at icann.org<mailto:Ws2-hr at icann.org>

> https://mm.icann.org/mailman/listinfo/ws2-hr

>

--

Niels ten Oever

Head of Digital

Article 19

www.article19.org<http://www.article19.org>

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