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

[Nigel Roberts]

This is a good summary of where we are.


On 27/01/17 11:40, Dr. Tatiana Tropina wrote:
> 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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>
>
>
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