[Ws2-hr] dissenting opinion - final version for transmittal to CCWG plenary

Fri Sep 1 13:41:17 UTC 2017

Can someone please remind me, who is entitled to submit a dissenting 
Opinion? And by when?

And can a dissenting opinion dissent from a dissenting opinion as well 
as from the main report?

On 01/09/17 13:52, Arasteh wrote:
> Anne
> If I or Jorge were invited or involved in the drafting, the results
> would have been more balanced compared to that prepared by one sided or
> the problem in the absence of other sides.
> That is disappointing
> The more disturbing is the allegation , accusation and offensive sent to
> nailing list referring to some governments( us ) as silly manoeuvre???!!!!
> This is inadmissible and counterproductive as well as citrate to the
> multi stakeholder inclusive and mutually respecting approach
> Regards
> Kvouss
>
> Sent from my iPhone
>
> On 31 Aug 2017, at 19:24, Aikman-Scalese, Anne <AAikman at lrrc.com
> <mailto:AAikman at lrrc.com>> wrote:
>
>> Thanks Jorge.  You may recall that in one version of the revised
>> “Considerations” language proposed by me on the list, I included a
>> specific reference to ICANN the organisation using the assessment tool
>> specified in Ruggie Principle 18(b).  This suggestion was rejected by
>> the rest of the drafting team.  As far as I know, there were not
>> separate drafting team calls and everyone participated on the list and
>> proposed language on the general list.
>>
>> I am not certain how the final language arose, but in the end I
>> elected to support it.  I do think that if either Kavouss or you as
>> active members would have chosen to become drafting team members, the
>> language might have been better.
>>
>> Thank you
>>
>> Anne
>>
>> *Anne E. Aikman-Scalese*
>>
>> Of Counsel
>>
>> 520.629.4428 office
>>
>> 520.879.4725 fax
>>
>> AAikman at lrrc.com <mailto:AAikman at lrrc.com>
>>
>> _____________________________
>>
>> <image003.png>
>>
>> Lewis Roca Rothgerber Christie LLP
>>
>> One South Church Avenue, Suite 700
>>
>> Tucson, Arizona 85701-1611
>>
>> lrrc.com <http://lrrc.com/>
>>
>> *From:*ws2-hr-bounces at icann.org <mailto:ws2-hr-bounces at icann.org>
>> [mailto:ws2-hr-bounces at icann.org] *On Behalf Of
>> *Jorge.Cancio at bakom.admin.ch <mailto:Jorge.Cancio at bakom.admin.ch>
>> *Sent:* Thursday, August 31, 2017 9:04 AM
>> *To:* lists at nielstenoever.net <mailto:lists at nielstenoever.net>
>> *Cc:* thiago.jardim at itamaraty.gov.br
>> <mailto:thiago.jardim at itamaraty.gov.br>; ws2-hr at icann.org
>> <mailto:ws2-hr at icann.org>
>> *Subject:* [Ws2-hr] dissenting opinion - final version for transmittal
>> to CCWG plenary
>>
>> Dear Niels,
>>
>> As anticipated, please find hereunder the final version of the
>> dissenting opinion I would like to file to the report from the Subgroup:
>>
>> ==
>>
>> "This dissenting opinion is based on serious concerns about the
>> Sub-Group's treatment of the substantial comments and proposals
>> submitted during the public comment period by the Governments of
>> Brazil, Switzerland and the United Kingdom (who are all active members
>> of the GAC's Human Rights and International Law Working Group).
>>
>> Their expectation was that a properly balanced result would reflect
>> some if not all of the positions and proposals made in their
>> responses. The governments are dismayed to note, however, that there
>> are no changes of any significance to the draft FoI and Considerations
>> documents that addresses any of the substantial issues//which they raised.
>>
>> In particular, the three Governments were in full agreement that the
>> FOI text should make stronger reference to the UN Guiding Principles
>> as the most relevant voluntary international standard. However, the
>> Subgroup did not undertake an inclusive effort to determine if a
>> compromise text could be formulated that would accommodate this
>> position of the three governments.
>>
>> Furthermore, the drafting team which was created by the Sub-Group in
>> order to develop changes to the draft texts following consideration of
>> the inputs received, lacked appropriate stakeholder balance as there
>> was no open invitation to participate in the drafting team, which
>> contributed to having no Government representation on this team.
>>
>> This dissenting opinion is supported by Jorge Cancio (Switzerland) and
>> Kavouss Arasteh (Iran), members of this Subgroup, and the
>> representatives of the Governments of Brazil and UK who are observers
>> on this Subgroup, and the representative of the Government of Peru.”
>>
>> ==
>>
>> Thanks for including it in the final report to be transmitted to the
>> CCWG Plenary for its consideration.
>>
>> Kind regards
>>
>> Jorge
>>
>> *Von:*accountability-cross-community-bounces at icann.org
>> <mailto:accountability-cross-community-bounces at icann.org>
>> [mailto:accountability-cross-community-bounces at icann.org] *Im Auftrag
>> von *MSSI Secretariat
>> *Gesendet:* Mittwoch, 30. August 2017 00:54
>> *An:* CCWG Accountability <accountability-cross-community at icann.org
>> <mailto:accountability-cross-community at icann.org>>
>> *Cc:* ws2-hr at icann.org <mailto:ws2-hr at icann.org>
>> *Betreff:* [CCWG-ACCT] Recordings, DAIRs, Raw Caption Notes for Human
>> Rights Subgroup Meeting #32 | 29 August 2017
>>
>> Hello all,
>>
>> You may find the recordings, _D_ecisions, _A_ction _I_tems, _R_equests
>> (DAIRs), and raw caption notes for CCWG Accountability WS2 *Human
>> Rights Subgroup - Meeting #32 *– *29 August 2017* posted at
>> https://community.icann.org/x/LwIhB
>>
>> The transcript will be posted on when it becomes available (usually in
>> 3 to 5 business days after the call).
>>
>> A copy of the DAIRs and raw caption notes may be found below.
>>
>> Thank you.
>>
>> Kind Regards,
>>
>> *Yvette Guigneaux*
>>
>> *(MSSI) Multistakeholder Strategy & Strategic Initiatives *
>>
>> Projects & Operations Assistant.
>>
>> *ICANN – Internet Corporation for Assigned Names and Numbers*
>>
>> Email: yvette.guigneaux at icann.org <mailto:yvette.guigneaux at icann.org>
>>
>> Cell:  +1-310-460-8432
>>
>> Skype:  yvette.guigneaux.icann
>>
>> www.icann.org <http://www.icann.org/>
>>
>> <image004.png>
>>
>> *Raw Captioning Notes*
>>
>> /Disclaimer: This rough edit transcript, which may contain missing,
>> misspelled or paraphrased words, is only provided for your immediate
>> review and is not certified as verbatim and is not to be cited in any
>> way. /
>>
>> ·*Word Doc
>> <https://community.icann.org/download/attachments/69272111/Raw%20Transcript_%20Human%20Rights_%20Meeting%2032_%2029AUG17.docx?version=1&modificationDate=1504045965699&api=v2>*
>>
>> ·*PDF
>> <https://community.icann.org/download/attachments/69272111/Raw%20Transcript_%20Human%20Rights_%20Meeting%2032_%2029AUG17.pdf?version=1&modificationDate=1504045991224&api=v2>*
>>
>> *Decisions: *Decision taken to proceed with submitting the revised
>> report for CCWG-Plenary’s consideration.
>>
>> *Action Items: *NTO to submit the revised report for CCWG-Plenary’s
>> consideration.
>>
>> *Requests: *Members of the subgroup are seeking clarification on who
>> has rights to file a Minority Statement, per the CCWG charter, and
>> what has been done in the past:
>>
>> ·Has an Observer filed a Minority Statement in CCWG Accountability
>> before?
>>
>> ·Has anyone who wasn't an official Member  (appointed from an SOAC)
>> filed a Minority Statement in CCWG before?
>>
>> ·What the CCWG Charter say about who has rights to file a Minority
>> Statement?
>>
>> *Documents - Revisions to HR Subgroup email to CCWG Plenary
>> <https://community.icann.org/download/attachments/69272111/Revisions%20to%20HR%20Subgroup%20email%20to%20CCWG%20Plenary%5B1%5D.pdf?version=1&modificationDate=1504013260000&api=v2>*
>>
>>
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