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

Tue Sep 12 18:11:54 UTC 2017

Kavouss,
I am astonished that you appear to identify me as the person who sent a message to the mailing list about governments using a “silly manoeuvre”.  I certainly did not make that post so kindly retract your statement and make it clear to the list that you are not accusing me of saying that governments use silly manoevres.

With respect to my comment that a government representative should have volunteered for the drafting team in the sessions following public comment, that observation stands.
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>

_____________________________

[cid:image003.png at 01D32BB7.EFF1B100]

Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 700

Tucson, Arizona 85701-1611

lrrc.com<http://lrrc.com/>

From: Arasteh [mailto:kavouss.arasteh at gmail.com]
Sent: Friday, September 01, 2017 5:53 AM
To: Aikman-Scalese, Anne
Cc: Jorge.Cancio at bakom.admin.ch; lists at nielstenoever.net; thiago.jardim at itamaraty.gov.br; ws2-hr at icann.org
Subject: Re: [Ws2-hr] dissenting opinion - final version for transmittal to CCWG plenary

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, Decisions, Action Items, Requests (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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