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

Tue Feb 28 11:48:02 UTC 2017

Dear Anne,

On 02/28/2017 02:59 AM, Aikman-Scalese, Anne wrote:
> 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.
> 
>  

I don't think we called consensus on this.

> 
> 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. 
> 
>  
We discussed this in two calls. The balancing of rights would be part of
the implementation of the bylaw, and defining that process (and what
should all be part of that) is outside our mandate.

> 
> 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”. 
> 
>  

The language in the left hand column comes straight from Annex 12 of the
CCWG Final Report, we cannot change that.

> 
> 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.)
> 
>  

I don't think we're asked to consider this.

Best,

Niels

> 
> 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.
> 
>  
> 
>  
> 
>  
> 
>  
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>  
> 
> 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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> 
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-- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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