[Ws2-hr] Draft Message to CCWG
Jorge.Cancio at bakom.admin.ch
Jorge.Cancio at bakom.admin.ch
Tue Aug 22 18:51:10 UTC 2017
Dear Rapporteur
May I inquire why you take up the proposal from one member and leave unanswered the proposal I made several days ago?
here for your convenience:
" The group feels the current proposed wording is a minimum common denominator text between the different opinions held in the ICANN community.”
thx
Jorge
________________________________
Von: Niels ten Oever <lists at nielstenoever.net>
Datum: 22. August 2017 um 20:46:06 MESZ
An: Greg Shatan <gregshatanipc at gmail.com>, Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch>
Cc: <ws2-hr at icann.org>
Betreff: Re: [Ws2-hr] Draft Message to CCWG
Thanks Greg,
I've accepted the changes and made on small nit:
The conclusion of the Subgroup is that the current proposed wording is a
careful balance between the different opinions held in the ICANN
community, particularly considering the remit of ICANN’s Mission.
Looking forward to discuss.
Best,
Niels
On 08/22/2017 05:33 PM, Greg Shatan wrote:
> 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
> <mailto: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
> <mailto:lists at nielstenoever.net>]
> Gesendet: Dienstag, 22. August 2017 15:01
> An: Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch
> <mailto:Jorge.Cancio at bakom.admin.ch>>; ws2-hr at icann.org
> <mailto: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
> <mailto: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
> <mailto:Jorge.Cancio at bakom.admin.ch>>
> > Datum: 16. August 2017 um 15:11:00 MESZ
> > An: ws2-hr at icann.org <mailto:ws2-hr at icann.org> <ws2-hr at icann.org
> <mailto:ws2-hr at icann.org>>, Niels ten Oever
> > <lists at nielstenoever.net <mailto: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
> <mailto:lists at nielstenoever.net>>; ws2-hr at icann.org
> <mailto: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
> <mailto: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><mailto: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
> <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>
> <http://www.article19.org><http://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<http://www.article19.org> <http://www.article19.org>
>
> PGP fingerprint 8D9F C567 BEE4 A431 56C4
> 678B 08B5 A0F2 636D 68E9
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--
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Article 19
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