[Ws2-hr] dissenting opinion - final-final text for CCWG

Matthew Shears matthew at intpolicy.com
Wed Sep 27 12:54:22 UTC 2017


I would like to express my full support for the views of both David and 
Greg.

Matthew


On 27/09/2017 00:07, Greg Shatan wrote:
> All,
>
> With regard to the statement "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,"I am still at a loss to understand what was not 
> "inclusive" about the efforts of the Subgroup and in particular our 
> Rapporteur, Niels ten Oever.
>
> Since the reference to the last drafting team was removed, I assume it 
> was not the drafting team.  Since the drafting team did most of its 
> work on the main Subgroup list, was open to everybody (minor 
> procedural flaws in the call for volunteers aside), and the drafting 
> team's suggested changes were not even adopted, that seems like the 
> right result.
>
> In any event there were ample opportunities to contribute suggested 
> alternatives to the list -- the drafting team did not have a monopoly.
>
> If the drafting team isn't the issue, then what was the issue?  The 
> floor and the email list were open at all times to all participants in 
> the Subgroup.  No one in the Subgroup was excluded.
>
> The public comments were read, fully considered and extensively 
> discussed.  There is no presumption that any particular public comment 
> or comments will result in a change to a draft Report. As such, while 
> "Their expectation was that a properly balanced result would reflect 
> some if not all of the positions and proposals made in their 
> responses," there was no basis for that expectation.
>
> The consideration of public comments is too nuanced to reduce to 
> simple rules, but I have observed that public comments that do result 
> in changes tend to fall into the following categories: (1) suggestions 
> that do not change the substance, but improve the expression, (2) 
> comments that bring new facts to light, so that the basis of the 
> recommendation is no longer accurate, or (3) multiple diverse comments 
> that persuasively show the group that they got it wrong the first time 
> and that they have missed the sense of the multistakeholder 
> community.  The comments in question, eloquent and well stated though 
> they may have been, did none of the above.
>
> One category of public comment that has not been particularly 
> effective, in my experience, is a comment from a group participant (or 
> related participants) that seeks to accomplish a substantive change 
> via comment what was not accomplished in the group.  In part, this may 
> be because it is not a new voice or viewpoint for the Subgroup.  (Of 
> course I understand that the participants here were individuals while 
> the comments came from entities, but that is typical -- most 
> participants do not file individual comments.)
>
> In any event, if the process was not the problem, what was the 
> problem, aside from disappointment in the result -- that what was a 
> minority position remained a minority position?
>
> I note that the dissent, although advertised as concentrating on 
> substance, actually contains little substance, aside from the 
> statement that "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."
>
> What's missing is a statement identifying the portion of the Subgroup 
> report where the submitters did not join the consensus.  (I am 
> assuming that they are not dissenting from the whole of the 
> document.)  What's also missing is the actual "minority position" -- 
> the text that the dissent would have supported if it had been in the 
> Report.  Without these elements, the dissent regrettably reads more 
> like a complaint than a minority report.
>
> Finally, I would note that the formal predicate for including a 
> minority report is that it comes from the Subgroup participants who 
> did not join the group's consensus.  As such, it seems out of order to 
> include any submitters other than participants.  I suppose we are 
> being a little more relaxed, since this is merely CCWG business.  
> However, if the dissent insists on including a minority report in the 
> full CCWG report put out for public comments, I hope that the process 
> will be honored.
>
> Best regards,
>
> Greg
>
>
>
>
>
>
>
>
> On Tue, Sep 26, 2017 at 9:31 PM, McAuley, David via Ws2-hr 
> <ws2-hr at icann.org <mailto:ws2-hr at icann.org>> wrote:
>
>     Dear co-chairs and all,
>
>     I plan to participate in the CCWG Plenary tomorrow, but it will be
>     from a public setting where I will most likely be unable to
>     comment other than by chat.
>
>     Thus, I wish to respond to Jorge’s email here (noting as well that
>     I participated in the drafting team that is at the center of some
>     of the concern that has lately arisen).
>
>     First, let me say that it has been a pleasure to be a part of the
>     Subgroup on HR. The subgroup was very well led, and participants
>     included serious, principled, and thoughtful individuals on all
>     sides of the issues discussed.
>
>     With respect to the draft ‘dissenting opinion,’ it is, in my
>     opinion, difficult not to embrace the public comments of the
>     governments of Brazil, Switzerland, and the United Kingdom when it
>     comes to HR.
>
>     Nonetheless, that is where I find myself on the narrow issue of
>     making stronger reference to the Ruggie Principles (UN Guiding
>     Principles on Business and Human Rights – UNGP) in the HR FOI and
>     Considerations document.
>
>     The subgroup draft appears to me to be properly balanced by
>     stating that certain aspects of the UNGP could be considered as a
>     useful guide in the process of applying the Human Rights Core Value.
>
>     Under the UNGP, the responsibility to respect human rights
>     requires that businesses, among other things, seek to mitigate
>     adverse human rights impacts that are directly linked to their
>     operations or services by their “business relationships,” even if
>     they have not contributed to those impacts.  This is one
>     particular area of my concern when it comes to ICANN, which as a
>     ‘business’ is unique.
>
>     “Business relationships” is a very broad term in the UNGP -
>     including relationships with business partners, entities in its
>     value chain, and any others directly linked to its business
>     operations, products or services. That must include registrants,
>     among others.
>
>     And while the UNGP try to accommodate various complexities, they
>     still provide that If the business enterprise has leverage to
>     prevent or mitigate the adverse impact, it should exercise it.
>
>     It seems to me this aspect of the UNGP could inappropriately force
>     ICANN into content issues outside its narrow mission.
>
>     The new Core Value is a part of ICANN’s bylaws and as such is
>     subject to IRP claims where potential claimants allege that ICANN
>     violated the Core Value by its action or inaction. HR-based claims
>     will almost inevitably wind up in front of the
>     soon-to-be-constituted IRP panel. These (at least) seven new
>     panelists will be drawn from legal circles independent of ICANN.
>     There is simply no way to envision how they would interpret
>     reference to the UNGP and no guarantee that this new
>     precedent-setting body might not try to stretch ICANN’s mission to
>     accommodate the UNGP. They will receive training on the DNS but we
>     have no idea whether or to what extent they might appreciate
>     ICANN’s unique mission, especially at the outset of their work
>     where they will nevertheless have the power to set precedent.
>
>     In its eloquent public comment, the government of the UK remarked
>     that absent a stronger reference to UNGP the ICANN community would
>     effectively miss an opportunity “to be a global transnational
>     beacon for advancing corporate respect for human rights.”
>
>     I respectfully disagree, thinking that ICANN has embraced that
>     opportunity by explicitly adopting a core value aimed at
>     respecting HR.
>
>     Given ICANN’s unique mission (and potential damage from
>     mission-creep), its open and participatory community, and the
>     newness of the IRP panel to come, there appears to be no
>     demonstrable need to make reference to the UNGP at present, but
>     downside-risk does seem possible. If the community in the future
>     discerns that such a need has subsequently arisen, then steps can
>     be taken at that time to consider such a reference as
>     appropriately tailored to take account of ICANN’s uniqueness. By
>     that time, presumably, the IRP panel will have taken shape and
>     have become a little more predictable than it is at the moment.
>
>     Best regards,
>
>     David
>
>     David McAuley
>
>     Sr International Policy & Business Development Manager
>
>     Verisign Inc.
>
>     703-948-4154 <tel:%28703%29%20948-4154>
>
>     *From:*ws2-hr-bounces at icann.org <mailto: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:* Monday, September 18, 2017 5:46 AM
>     *To:* ws2-hr at icann.org <mailto:ws2-hr at icann.org>
>     *Subject:* [EXTERNAL] [Ws2-hr] WG: dissenting opinion -
>     final-final text for CCWG
>
>     For your information
>
>     Kind regards
>
>     Jorge
>
>     *Von:*Cancio Jorge BAKOM
>     *Gesendet:* Montag, 18. September 2017 11:45
>     *An:* 'León Felipe Sánchez Ambía' <leonfelipe at sanchez.mx
>     <mailto:leonfelipe at sanchez.mx>>; 'Thomas Rickert'
>     <thomas at rickert.net <mailto:thomas at rickert.net>>; 'Jordan Carter'
>     <jordan at internetnz.net.nz <mailto:jordan at internetnz.net.nz>>
>     *Cc:* 'Niels ten Oever' <lists at nielstenoever.net
>     <mailto:lists at nielstenoever.net>>; 'Bernard Turcotte'
>     <turcotte.bernard at gmail.com <mailto:turcotte.bernard at gmail.com>>;
>     'Arasteh' <kavouss.arasteh at gmail.com
>     <mailto:kavouss.arasteh at gmail.com>>; 'Mark Carvell'
>     <mark.carvell at culture.gov.uk
>     <mailto:mark.carvell at culture.gov.uk>>; 'María Milagros Castañon
>     Seoane' <mcastanon at rree.gob.pe <mailto:mcastanon at rree.gob.pe>>;
>     'Thiago Braz Jardim Oliveira' <thiago.jardim at itamaraty.gov.br
>     <mailto:thiago.jardim at itamaraty.gov.br>>
>     *Betreff:* AW: dissenting opinion - final-final text for CCWG
>
>     Dear co-chairs and all,
>
>     I note with appreciation the constructive and forward-looking
>     Email Thomas Rickert sent on your behalf last week on the
>     constitution of “drafting teams”.
>
>     In order to allow for an as constructive as possible discussion on
>     the CCWG Plenary on September 27, I would like to file with you
>     the following /_amended version of our dissent_/, which tries to
>     focus only on the substantive issues that hopefully may be bridged
>     during our discussions in the CCWG Plenary:
>
>     "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
>     issueswhich 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.
>
>     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.”
>
>     Hope this may be helpful.
>
>     Kind regards
>
>     Jorge
>
>     *Von:*Cancio Jorge BAKOM
>     *Gesendet:* Mittwoch, 13. September 2017 08:35
>     *An:* León Felipe Sánchez Ambía <leonfelipe at sanchez.mx
>     <mailto:leonfelipe at sanchez.mx>>; Thomas Rickert
>     <thomas at rickert.net <mailto:thomas at rickert.net>>; Jordan Carter
>     <jordan at internetnz.net.nz <mailto:jordan at internetnz.net.nz>>
>     *Cc:* Niels ten Oever <lists at nielstenoever.net
>     <mailto:lists at nielstenoever.net>>; Bernard Turcotte
>     <turcotte.bernard at gmail.com <mailto:turcotte.bernard at gmail.com>>;
>     Arasteh <kavouss.arasteh at gmail.com
>     <mailto:kavouss.arasteh at gmail.com>>; Mark Carvell
>     <mark.carvell at culture.gov.uk
>     <mailto:mark.carvell at culture.gov.uk>>; María Milagros Castañon
>     Seoane <mcastanon at rree.gob.pe <mailto:mcastanon at rree.gob.pe>>;
>     Thiago Braz Jardim Oliveira <thiago.jardim at itamaraty.gov.br
>     <mailto:thiago.jardim at itamaraty.gov.br>>
>     *Betreff:* AW: dissenting opinion - final-final text for CCWG
>
>     Dear Co-Chairs and all,
>
>     For your convenience, here is the clean text version of the
>     dissent we would like to be submitted to the Plenary for its
>     consideration:
>
>     "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
>     issueswhich 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 in our view there was not an appropriate
>     communication and outreach on its constitution, 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 again and regards
>
>     Jorge
>
>     *Von:*Cancio Jorge BAKOM
>     *Gesendet:* Mittwoch, 13. September 2017 07:03
>     *An:* León Felipe Sánchez Ambía <leonfelipe at sanchez.mx
>     <mailto:leonfelipe at sanchez.mx>>; Thomas Rickert
>     <thomas at rickert.net <mailto:thomas at rickert.net>>; Jordan Carter
>     <jordan at internetnz.net.nz <mailto:jordan at internetnz.net.nz>>
>     *Cc:* Niels ten Oever <lists at nielstenoever.net
>     <mailto:lists at nielstenoever.net>>; Bernard Turcotte
>     <turcotte.bernard at gmail.com <mailto:turcotte.bernard at gmail.com>>;
>     Arasteh <kavouss.arasteh at gmail.com
>     <mailto:kavouss.arasteh at gmail.com>>; Mark Carvell
>     <mark.carvell at culture.gov.uk
>     <mailto:mark.carvell at culture.gov.uk>>; María Milagros Castañon
>     Seoane <mcastanon at rree.gob.pe <mailto:mcastanon at rree.gob.pe>>;
>     Thiago Braz Jardim Oliveira <thiago.jardim at itamaraty.gov.br
>     <mailto:thiago.jardim at itamaraty.gov.br>>
>     *Betreff:* dissenting opinion - final-final text for CCWG
>
>     Dear Co-Chairs
>
>     please find below for your convenience and in order to avoid any
>     misunderstandings on the final text, the final version of the
>     dissenting opinion we have filed for Plenary.
>
>     Kind regards
>
>     Jorge
>
>     ------------------------------------------------------------------------
>
>
>     *Von:* Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch
>     <mailto:Jorge.Cancio at bakom.admin.ch>>
>     *Datum:* 5. September 2017 um 12:33:00 MESZ
>     *An:* Greg Shatan <gregshatanipc at gmail.com
>     <mailto:gregshatanipc at gmail.com>>, Aikman-Scalese, Anne
>     <AAikman at lrrc.com <mailto:AAikman at lrrc.com>>
>     *Cc:* thiago.jardim at itamaraty.gov.br
>     <mailto:thiago.jardim at itamaraty.gov.br>
>     <thiago.jardim at itamaraty.gov.br
>     <mailto:thiago.jardim at itamaraty.gov.br>>, ws2-hr at icann.org
>     <mailto:ws2-hr at icann.org> <ws2-hr at icann.org
>     <mailto:ws2-hr at icann.org>>, lists at nielstenoever.net
>     <mailto:lists at nielstenoever.net> <lists at nielstenoever.net
>     <mailto:lists at nielstenoever.net>>
>     *Betreff:* AW: [Ws2-hr] dissenting opinion - final version for
>     transmittal to CCWG plenary
>
>     Thanks to Greg for this thorough investigation to the origins of
>     the „drafting team“. Apparently only the transcript of the call on
>     August 8^th provides some clarity on how the drafting team was
>     constituted, as the agenda, the notes of the call, and the
>     subsequent emails did not contain an open call for participating
>     in such a drafting team.
>
>     Nonetheless, and recognizing that at least in the call itself
>     there was such a call for forming the drafting team, I would like
>     to slightly amend the dissenting opinion as follows:
>
>     ==
>
>     "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
>     issueswhich 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 in our view there was not an appropriate
>     communication and outreach on its constitutionopen 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.”
>
>     ==
>
>     Kind regards
>
>     Jorge
>
>     *Von:*Greg Shatan [mailto:gregshatanipc at gmail.com
>     <mailto:gregshatanipc at gmail.com>]
>     *Gesendet:* Dienstag, 5. September 2017 08:21
>     *An:* Aikman-Scalese, Anne <AAikman at lrrc.com
>     <mailto:AAikman at lrrc.com>>
>     *Cc:* Cancio Jorge BAKOM <Jorge.Cancio at bakom.admin.ch
>     <mailto:Jorge.Cancio at bakom.admin.ch>>; lists at nielstenoever.net
>     <mailto:lists at nielstenoever.net>; thiago.jardim at itamaraty.gov.br
>     <mailto:thiago.jardim at itamaraty.gov.br>; ws2-hr at icann.org
>     <mailto:ws2-hr at icann.org>
>     *Betreff:* Re: [Ws2-hr] dissenting opinion - final version for
>     transmittal to CCWG plenary
>
>     All,
>
>     I think it would be helpful to review the course of events under
>     discussion here and in the minority statement.  I've taken the
>     time to comb through the email list and the relevant meeting
>     transcripts, and as far as I can determine, this is what took
>     place.  I'll provide this without further comment, but I hope it
>     is useful to all members of the Subgroup.
>
>     1.  Niels made a request for volunteers to join a drafting team on
>     the August 8, 2017 Working Group call. Attendance records show
>     that Kavouss Arasteh and Mark Carvell were on the call (the latter
>     as an Observer).  Three people on the call (David Macauley, myself
>     and Tatiana Tropina) volunteered for the drafting team.  Anne also
>     apparently volunteered, but this was not noted in the call notes;
>     this was subsequently clarified.
>
>     2.  Almost directly after the call (or possibly even during the
>     end of the call), Niels sent to the subgroup list an email with
>     two versions of the paragraph in question ("Original text" and
>     "Text proposed by me on the call"), and said "I am greatly looking
>     forward to the suggestion of the drafting team."
>
>     3.  Matthew Shears replied to that thread a couple of hours later
>     and volunteered to be on the drafting team.  Rudy Daniel, Anne
>     Aikman-Scalese and Kavouss Arasteh also replied to that thread,
>     with contributions. Rudy also sent a follow-on email with further
>     observations; David responded to this.
>
>     4.  Within a few hours after that, MSSI Secretariat sent an email
>     to both the CCWG and ws2-hr lists with Action Items and raw
>     captioning from the August 8 meeting.  The second Action Item from
>     the meeting was:
>
>       * *DM, GS, TT volunteer for drafting team for the two elements
>         of text which were discussed on the call this week
>         for consideration at the next meeting.*
>
>     5.  The next day, David sent another email on the topic, again to
>     the full subgroup list.  Kavouss, Anne and Steve DelBianco all
>     replied to this email, discussing various aspects and options for
>     the text.
>
>     6.  Meanwhile, Anne sent an email directly after the call with
>     some thoughts on the language of this paragraph, to which there
>     were numerous responses by eight different members of the subgroup
>     (Kavouss,  Tijani, Steve, Rudy, Brett, Bastiaan, Seun and David)
>     over the next couple of days.
>
>     7.  Members of the drafting team took note of these discussions on
>     the list and then put together a suggested revised text to be
>     discussed by the Subgroup.
>
>     8.  On August 15, the date set to return a text to the list, David
>     Macauley on behalf of the Drafting Team sent a suggested text to
>     the full list for the Subgroup to consider.  Brett and Anne (who
>     had not yet seen the very final suggested text due to time zone
>     differences) responded in support of the suggested text. Jorge and
>     Kavouss responded, objecting to the suggested text.
>
>     9.  There were also responses to Niels' agenda email to the list,
>     commenting on the suggested text -- Brett, Matthew, Rudy, and Anne
>     in support; Jorge and Kavouss objecting.
>
>     10.  This suggested text was then discussed on the August 15
>     call.  The decision on that call, as reported in the post-call
>     email from MSSI Secretariat, was:
>
>       * The modifications proposed by the drafting team were not
>         supported and as such are rejected. The original text used in
>         the public consultation will be used.
>
>         ​Only David Macauley and Tatiana Tropina were present from the
>         drafting team. Anne, Matthew and I were unable to attend.
>         Kavouss was on the call and participated actively in the
>         discussion of the revised text.  Mark Carvell was present as
>         an Observer.
>
>     ​11. ​At the following meeting on August 22, there was no further
>     discussion of the drafting team's text.  There was a second
>     reading of the cover email to be sent to the Plenary with the
>     Subgroup's report, including the language used to characterize the
>     Subgroup's response to comments suggesting that the UNGP be
>     expressly mentioned.  There was also a lengthy discussion of
>     procedural matters relating to the minority statement submitted by
>     Jorge.
>
>     Best regards,
>
>     Greg
>
>     On Thu, Aug 31, 2017 at 1:24 PM, 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 <tel:%28520%29%20629-4428> office
>
>
>         520.879.4725 <tel:%28520%29%20879-4725> fax
>
>         AAikman at lrrc.com <mailto:AAikman at lrrc.com>
>
>         _____________________________
>
>         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
>         <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 issueswhich 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
>         <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
>         <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 <tel:%28310%29%20460-8432>
>
>         Skype: yvette.guigneaux.icann
>
>         www.icann.org <http://www.icann.org/>
>
>         *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>*
>
>         ------------------------------------------------------------------------
>
>
>         This message and any attachments are intended only for the use
>         of the individual or entity to which they are addressed. If
>         the reader of this message or an attachment is not the
>         intended recipient or the employee or agent responsible for
>         delivering the message or attachment to the intended recipient
>         you are hereby notified that any dissemination, distribution
>         or copying of this message or any attachment is strictly
>         prohibited. If you have received this communication in error,
>         please notify us immediately by replying to the sender. The
>         information transmitted in this message and any attachments
>         may be privileged, is intended only for the personal and
>         confidential use of the intended recipients, and is covered by
>         the Electronic Communications Privacy Act, 18 U.S.C. §2510-2521.
>
>
>         _______________________________________________
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-- 


Matthew Shears
matthew at intpolicy.com
+447712472987
Skype:mshears

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