[Ws2-hr] Draft Message to CCWG

Tue Aug 22 15:33:16 UTC 2017

I have attached some revisions to the email, mostly typos and
copy-editing.  My suggestion on the sentence that is getting so much
attention is to change it so that it reads:

The conclusion of the Subgroup is that the current proposed wording is a
balanced consensus between the different opinions held in the ICANN
community, particularly considering the remit of ICANN’s Mission.

Greg

On Tue, Aug 22, 2017 at 9:17 AM, <Jorge.Cancio at bakom.admin.ch> wrote:

> Dear Niels,
> Thanks but I do not feel  that such a disclaimer is up for the Subgroup to
> decide as it expresses the view of one member and makes clear that it is
> only this member's view. Besides, it is common practice that members of
> working groups can include such disclaimers on documents prepared by such
> working groups where the member has a fundamental issue. A footnote would
> be OK for us. I hope I do not need to escalate this issue further.
> Regards
> Jorge
>
> -----Ursprüngliche Nachricht-----
> Von: Niels ten Oever [mailto:lists at nielstenoever.net]
> Gesendet: Dienstag, 22. August 2017 15:01
> An: Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch>; ws2-hr at icann.org
> Betreff: Re: AW: [Ws2-hr] Draft Message to CCWG
>
> Dear Jorge,
>
> That is a decision I cannot make by myself. I hope we can discuss the
> document again this evening with you and Thiago present. If not, we will
> discuss adding this with the subgroup. But since it constitutes a consensus
> statement, and not a full consensus statement, I am not sure whether
> outlining parties who were against this statement is according to the
> standing practice.
>
> Best,
>
> Niels
>
> On 08/22/2017 07:03 AM, Jorge.Cancio at bakom.admin.ch wrote:
> > Dear Niels,
> >
> > As I have not seen any direct reply to this I would kindly like to
> request you to confirm reception of the below messages, and of our request
> that a disclaimer is included to the document of "responses".
> >
> > thanks and regards
> >
> > Jorge
> >
> >
> > ________________________________
> >
> > Von: Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch>
> > Datum: 16. August 2017 um 15:11:00 MESZ
> > An: ws2-hr at icann.org <ws2-hr at icann.org>, Niels ten Oever
> > <lists at nielstenoever.net>
> > Betreff: AW: [Ws2-hr] Draft Message to CCWG
> >
> > Dear Niels,
> >
> > As to the "answers" to the comments I guess that they are the product
> > of discussions I have missed unfortunately. However, I cannot agree
> > with many of the "arguments" included in the Excel sheet and therefore
> > would wish that a disclaimer be included in the document, stating that
> > "these responses are not endorsed or supported by the representative
> > of Switzerland who is member of this Subgroup" (the language can be
> > improved, for sure)
> >
> > Thanks for taking note of this and regards
> >
> > Jorge
> >
> > Von: Cancio Jorge BAKOM
> > Gesendet: Mittwoch, 16. August 2017 15:03
> > An: 'Niels ten Oever' <lists at nielstenoever.net>; ws2-hr at icann.org
> > Betreff: AW: [Ws2-hr] Draft Message to CCWG
> >
> >
> > Dear Niels,
> >
> >
> >
> > It will not come as a surprise that I have to reiterate that this
> outcome is not satisfactory. Given the fact that the three Government
> inputs received were in line regarding the mention of the UNGP, I do not
> think that the following sentence is accurate:
> >
> >
> >
> >                 "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."
> >
> >
> >
> > In my view, it could read as follows: " The group feels the current
> proposed wording is a minimum common denominator text between the different
> opinions held in the ICANN community."
> >
> >
> >
> > Regards
> >
> >
> >
> > Jorge
> >
> >
> >
> >
> >
> > -----Ursprüngliche Nachricht-----
> > Von: ws2-hr-bounces at icann.org<mailto:ws2-hr-bounces at icann.org>
> > [mailto:ws2-hr-bounces at icann.org] Im Auftrag von Niels ten Oever
> > Gesendet: Mittwoch, 16. August 2017 14:53
> > An: ws2-hr at icann.org<mailto:ws2-hr at icann.org>
> > Betreff: [Ws2-hr] Draft Message to CCWG
> >
> >
> >
> > 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<http://www.article19.org>
> >
> >
> >
> > PGP fingerprint    8D9F C567 BEE4 A431 56C4
> >
> >                    678B 08B5 A0F2 636D 68E9
> >
>
> --
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
> PGP fingerprint    8D9F C567 BEE4 A431 56C4
>                    678B 08B5 A0F2 636D 68E9
> _______________________________________________
> Ws2-hr mailing list
> Ws2-hr at icann.org
> https://mm.icann.org/mailman/listinfo/ws2-hr
>
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