[Ws2-hr] Draft Message to CCWG

[Niels ten Oever]

Dear all,

I hope this e-mail finds you all very well. As a follow up to yesterdays
meeting Bernie and I have prepared a response to the CCWG that you can
find underneath, as well as a more detailed overview attached.

This is a first draft. We would very much like to hear you comments,
suggestions and improvements.

All the best,

Niels

The Cross Community Working Group on Enhancing ICANN’s Accountability
Human Rights Subgroup would like to sincerely thanks those who have
taken the time and effort to submit public comment to the Framework of
Interpretation and Considerations document during the Public Comment
Period [0].

The Subgroup has analyzed and discussed the comments at great length and
came to the following conclusions:

The mandate of the group does not include suggesting any changes to the
ICANN Bylaws, this includes the Bylaw on Human Rights. As such any
comments which would require changing the Bylaws cannot be accepted.
This is the case for comments recommending changes in the hierarchy of
Core Values as outlined in the bylaw or for comments pertaining the use
of the term “applicable law” which is part of ICANN’s Human Rights bylaw.

The Subgroup does recognize that the documents mentioned in the
footnotes are not necessarily an exhaustive list of human rights
document, and therefore the text has been  changed from ‘including:’ to
‘including, but not limited to:’.

Finally, no new references to any instrument in general or the UN
Guiding Principles for Business and Human Rights in specific have been
added. The group feels the current proposed wording is a balanced
consensus between the different opinions held in the ICANN community,
particularly concerning the remit of ICANN’s Mission.

The HR sub-group has developed a document which lists a response to each
of the major comments submitted to the public consultation and is
including it in this email for reference by the CCWG-Accountability-WS2.
This will be published on the public consultation web site as part of
the standard process.

As such the HR sub-group is submitting its final recommendations for an
HR FoI to the CCWG-Accountability-WS2 for approval. Given the
submissions made in the public comment process and the minimal changes
that have been made to the document to address these the HR sub-group
would not recommend this version be posted for public comment.

[0] https://www.icann.org/public-comments/foi-hr-2017-05-05-en



-- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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