[Ws2-hr] Proposed Agenda FIRST READING considerations document Feb 28 19:00 UTC

Tue Feb 28 01:59:12 UTC 2017

Hi Niels,

Thanks for sending this out.  I have four comments:

1. RUGGIE PRINCIPLES: I don't recall a consensus in the drafting group regarding the statements about the UN Guiding Principles.

2.  THE NEED TO BALANCE CONSIDERATIONS AMONG HUMAN RIGHTS ONE IN RELATION TO ANOTHER.  I don't recall any response in relation to my continued insistence on the principle that each SO and AC will need to take into consideration an equitable balancing of Human Rights in addition to taking into a balancing of the Core Values.   I will once again show where I made the suggested change in the text in red below point #4.

3. “COMMITMENT” AS A TERM OF ART IN THE BYLAWS: It was  agreed on a previous call that the term "commitment" is a term of art in the ByLaws and thus we need to refer to “Core Value” or “obligation” rather than "commitment" when referring to Human Rights.  Once again, this is about making the obligations of the Board of Directors very clear.  Language is important in the context of possible Requests for Reconsideration or IRPs around Board-adopted policy that may be alleged to violate this ByLaw.  Perhaps there is a simple typo: the margin language in at least one section of the draft still refers on the left hand side to "commitment".  This word should be changed to “obligation”.

4. RECOURSE AGAINST THE BOARD IN RELATION TO ALLEGED VIOLATION OF THE HUMAN RIGHTS BYLAW – RFR or IRP or BOTH?  In relation to the Annex 12 questions,  I am not sure the group has actually fully discussed whether and how a challenge of not complying with the Human Rights ByLaw may be made against the Board of Directors?  Have we fully considered and discussed whether a Request for Reconsideration or Independent Review Process is available to the Community here?  If it is, what are the implications for ICANN’s processes and procedures?  (In this regard, I think a First Reading is premature.)

Below I paste once again a recommendation (change shown in red) that I have asked several times be considered and discussed in the group.  (Or perhaps I missed this discussion?)  The Board will necessarily have to do such balancing in its own adoption of policies impacting Human Rights.  Therefore, we should not ignore this additional balancing exercise that must go on.

"Each SO and AC should take the Core Value into consideration in its policy development or advisory role. It is up to each SO and AC, and ICANN the organisation, as applicable, to develop their own policies and frameworks to fulfill this Core Value. In doing so, the SOs and ACs, as well as ICANN the organization, should also take into account the requirement to balance the Core Values, as well as the need to balance the various Human Rights considerations, one in relation to another, in the policy-making process."

Thank you,

Anne

The policies and frameworks, if any, that ICANN needs to develop or enhance in order to fulfill its obligation to respect Human Rights

In order to put the Human Rights bylaw into practice, ICANN the community as well as the organization will need to consider how to reflect this Core Value in its policy and operation processes. Each SO and AC should take the Core Value into consideration in its policy development or advisory role. It is up to each SO and AC, and ICANN the organisation, as applicable, to develop their own policies and frameworks to fulfill this Core Value. In doing so, the SOs and ACs, as well as ICANN the organization, should also take into account the requirement to balance the Core Values, as well as the possible need to balance Human Rights considerations in the policy-making process.

Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office

520.879.4725 fax

AAikman at lrrc.com

_______________________________

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 700

Tucson, Arizona 85701-1611

lrrc.com

-----Original Message-----

From: ws2-hr-bounces at icann.org [mailto:ws2-hr-bounces at icann.org] On Behalf Of Niels ten Oever

Sent: Monday, February 27, 2017 5:15 PM

To: ws2-hr at icann.org

Subject: [Ws2-hr] Proposed Agenda FIRST READING considerations document Feb 28 19:00 UTC

Dear all,

It is with great pleasure that I can share with you the draft agenda for the meeting of February 28, 19:00 UTC.

The drafting group worked hard after the constructive session last week.

With this document we might have arrived at a new milestone.

I am very much looking forward to have a first reading of the Considerations document with you in the call. As previously discussed, the Consideration document will be merged into one document with the FoI upon approval by the subgroup.

I am greatly looking forward to discuss this with you on the call.

Please find the proposed agenda underneath and attached, as well as the document.

1. Administrivia

Roll call, absentees, SoIs, etc

2. First reading (of two) of the Considerations document prepared by the drafting team 3. AOB

The document can also be found here:

https://docs.google.com/document/d/1KJfmglI5wBib7T5hgIMMysO7x6J3Oi5NYwN4AItZjkY/edit

Please let me know if you have any question or suggestions.

All the best,

Niels

--

Niels ten Oever

Head of Digital

Article 19

www.article19.org

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