[Ws2-hr] Fwd: [CCWG-ACCT] Scope of mandate on HR FOI

[Dr. Tatiana Tropina]

Dear all,

I don't think the group at this point can "confirm that it has completed
developing the Human Rights FOI per Annex 12 of the CCWG-Accountability
WS1 Recommendations" as recommended by co-chairs. What we have done is
interpreted the text of the bylaw. I do not believe the current version
of FoI addresses all the issues from the Annex 12, moreover. Neither do
I believe it makes bylaw operational.

The initial idea was that the bylaw will come into force after the
adoption of FoI. I have some difficulties to imagine how the current FoI
will really operationalise the bylaw. Even the fact that we didn't
answer all the questions from the Annex 12 in the current version of FoE
makes our task incomplete. Furthermore, we had some issues raised on the
mailing list in the beginning, like the one from Farzaneh, about ccTLDs
and Human Rights - we have not addressed or considered these issues. The
idea behind the dormant bylaw was that it creates to much ambiguity
without the FoI. The current draft of FoI doesn't really solve this
problem.

So the only way I see is to redraft the FoE to include everything we
have to include.

Happy to hear other opinions.

Warm regards

Tanya


On 27/01/17 09:43, Niels ten Oever wrote:
> Dear all,
>
> Please find underneath the message that has been shared by the co-chairs
> to the plenary list yesterday. I would be very curious to hear what your
> initial reaction is.
>
> All the best,
>
> Niels
>
>
> -------- Forwarded Message --------
> Subject: 	[CCWG-ACCT] Scope of mandate on HR FOI
> Date: 	Thu, 26 Jan 2017 07:11:05 -0600
> From: 	León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>
> To: 	CCWG Accountability <accountability-cross-community at icann.org>
>
>
>
> Dear all,
>
> The Co-Chairs have considered the question from the Human Rights
> sub-group regarding the scope of its mandate with respect ot WS2.
>
> The Co-Chairs will note that although there may be some ambiguity in
> interpreting the WS2 requirements for the Human Rights sub-group between
> Annex 6 and Annex 12 of its WS1 recommendations that this should not be
> surprising given the timeline we were working under for WS1. The
> Co-Chairs will note that all the other sub-groups are referring to Annex
> 12 to define the scope of their work and that it would make sense from a
> consistency point of view that the Human Rights sub-group do so also.
>
> The Co-Chairs further note that some of the "considerations" requested
> of the Human Rights sub-group seem rather open ended such as “Consider
> how the interpretation and implementation of this Bylaw will interact
> with existing and future ICANN policies and procedures.”. Although this
> would certainly be an interesting intellectual exercise it is unclear
> how long it would take to complete this or what effect it could actually
> have on the FOI that has been produced.
>
> Considering these and other factors the Co-Chairs would recommend that
> the Human Rights sub-group confirm that it has completed developing the
> Human Rights FOI per Annex 12 of the CCWG-Accountability WS1
> Recommendations.
>
> Should the sub-group feel that it should develop suggestions for ICANN
> implementing the HR FOI based on its work to date the Co-Chairs would be
> amenable to this and would invite the HR sub-group to submit any such
> suggestions to the plenary for consideration by early May 2017, if there
> was no objection from the plenary.
>
> Best regards,
>
>
> Thomas, Mathieu and León
>
>
>
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