[Ws2-hr] Outcomes of todays call

Wed Aug 23 09:44:10 UTC 2017

Dear Niels,

I have read this summary of decisions taken during the call:

"Report and transmittal letter unanimously approved as a first reading by the participants present with the understanding that there will be an opportunity for participants to post a minority opinion statement. The rapporteur will communicate this to the list and all such minority opinion statements will be due in writing by the next call of the sub-group if they are to be considered for inclusion in the final report. The next call of the sub-group is scheduled for Tuesday 29 August 1900 UTC."

My puzzlement about the conduct of this process only has grown after checking the "raw caption" and the chat transcript of yesterday's call.

1.       On the adoption of the documents prepared by the "drafting group" by "unanimous consent" aka "unanimously approved" as summarized on the "outcomes"

There is no evidence in the call captioning that all participants in the call expressed their explicit support to the documents presented by you. The meaning of "unanimous" requires explicit support. Besides "unanimous consent" or "unanimous approval" are no decision-making categories in this CCWG as far as I am aware of.

In addition, even if assuming in arguendo that there had been such an explicit support in the call, you were aware that a number of members and observers of this Subgroup do not agree with the documents. Therefore there was and there is no unanimity.

è Hence, please correct the summary and strike out the word "unanimous"

Furthermore, there is not even any instant in the call where you as Rapporteur ask the question to the Subgroup whether they are in agreement of whether they have no objections to the documents. At most there is simply a call for "comments" on the wording of the message to the CCWG at the beginning of the call (the end of your first intervention).

Even though I had proposed in writing some alternative text to be considered this was completely ignored and no discussion called on the different alternatives. This lack of consideration as a valid alternative questions the equanimity in the performance of the Rapporteur role. Normally when two or more alternatives have been presented the Rapporteur has to take a neutral approach and present the options to the Subgroup. This was not done.

To the contrary, apparently the acceptance of the documents by "consensus" was a foregone conclusion during all the call - the only discussion I see is on the treatment of the predefined "minority" opinion maintained by Thiago, Kavouss, Mark and myself.

è Therefore I object to the summary portion that assumes that there was "consent". Such "consent" was not called for during the call.

2.       Level of "consensus" designation.

As said before I take issue with your apparently foregone designation of the level of agreement within the subgroup. As Bernie mentions and cautions you during the call there are "4 participants in 4 governments" disagreeing with the documents.

Given the lack of an explicit call for agreement or non-objection during the call, and even assuming in arguendo such was done implicitly, the dissenting position is in my view strong enough to prevent a "consensus" from emerging. After all we are not counting heads here, but also have to consider stakeholder balance and diversity.

Needless to say this is a matter of utmost importance where process should be absolutely transparent, fair and balanced.

I feel the actions happening during the last weeks are straying away from these principles.

Kind regards

Jorge

Von: Cancio Jorge BAKOM
Gesendet: Dienstag, 22. August 2017 22:45
An: ws2-hr at icann.org; Niels ten Oever <lists at nielstenoever.net>
Betreff: AW: [Ws2-hr] Outcomes of todays call

Dear Niels,
what is "unanimous" consent? How many participants attended the call and how many expressed such explicit support?
Or do you mean absence of objections? Of how many people on the call?
thanks
Jorge

________________________________

Von: Niels ten Oever <lists at nielstenoever.net<mailto:lists at nielstenoever.net>>
Datum: 22. August 2017 um 22:01:09 MESZ
An: ws2-hr at icann.org<mailto:ws2-hr at icann.org> <ws2-hr at icann.org<mailto:ws2-hr at icann.org>>
Betreff: [Ws2-hr] Outcomes of todays call

Human Rights sub-group participants,

On today's Human Rights call we completed the first reading of our
report back to the CCWG-Accountability-WS2 plenary with unanimous
consent (documents attached).

The sub-group does recognize that some participants who disagree with
portions of the report were unable to attend the call and therefore as
per the CCWG WS2 Charter Section V this would only constitute a
consensus decision.

It was also agreed that those participants wishing to include a minority
opinion statement in the final report should be allowed to do so.

As such any such minority opinion statements by participants should be
available to the sub-group by Monday 28 August 23:59 UTC so they can be
considered as part of the second reading on Tuesday 29 August 19:00 UTC.

Best,

Niels

--
Niels ten Oever
Head of Digital

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

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