[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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>
>

--
Niels ten Oever
Head of Digital

Article 19
www.article19.org<http://www.article19.org>

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