[Ws2-hr] [CCWG-ACCT] CCWG-Accountability-WS2 - 27-28 September Plenary Agenda and Materials - 1 of 2 - FoI text proposal to bridge divergences
Matthew Shears
matthew at intpolicy.com
Thu Sep 28 14:50:59 UTC 2017
I will not be on the call so provide my views below.
I am not sure this proposed insertion of text does much and is far more
prescriptive than anything we have in the FOI.
I would recall that we have the following in the Considerations, which
is more than adequate and does not in any way preclude the use of the
Ruggie principles.
"With regards to the UN Guiding Principles for Business and Human
Rights, no consensus was reached as to their suitability for interpreting
the Core Value. However with regard to the implementation of the Core
Value certain aspects of the UN Guiding Principles for Business and
Human Rights could be considered as a useful guide in the process of
applying the Human Rights Core Value. There are certain Guiding
Principles that may not be suitable for ICANN and others that might be
applicable, depending on the circumstances. However, it is beyond the
scope of this document to provide a detailed analysis of the Guiding
Principles and their application, or not, in particular situations."
In our work we were deliberately cautious, for many of the reasons David
has outlined in prior e-mails. Those concerns remain as far as I am
concerned.
Matthew
On 28/09/2017 10:43, Niels ten Oever wrote:
>
> Dear all,
>
> I hope this e-mail finds you all well. Ahead of todays plenary call I
> wanted to gauge the opinions vis a vis Jorge's compromise proposal below.
>
> I am greatly looking forward to hear what you think.
>
> Best,
>
> Niels
>
>
> On 09/28/2017 02:21 PM, Jorge.Cancio at bakom.admin.ch wrote:
>>
>> Dear all,
>>
>> Further to my Email below, I would like to share with you the
>> following proposal that would constitute in my view an acceptable
>> outcome of the public consultation on the Framework of
>> Interpretation, and build on the wording proposals made by
>> Switzerland in its public comment input (see attached) and the
>> exchanges had thereafter in the Subgroup.
>>
>> Specifically, I would like to propose that the following paragraph on
>> page 6 (under “internationally recognized human rights”) be reworded
>> as follows (changes in red):
>>
>> “/By committing to one or more of these international instruments,
>> nation states are expected to embed human rights in their national
>> legislation*. */
>>
>> */The UN Guiding Principles on Businesses and Human Rights are
>> relevant for business organizations. Insofar ICANN the Organization
>> is concerned, it should consider, as a business, the UN Guiding
>> Principles on Businesses and Human Rights as a useful guide when
>> applying the Human Rights Core Value./**“*
>>
>> The UN Guiding Principles on Businesses and Human Rights (UNGP) are
>> the universally accepted voluntary standard for business
>> organizations. Therefore, we feel that it should be mentioned under
>> the instruments regarding “internationally recognized human rights”.
>> In order to avoid any extension of the UNGP to the non-business
>> elements of ICANN (SO/ACs) there is specific mention that the UNGP
>> would be relevant only for ICANN the Organization. In addition, the
>> mention is constrained to having to “consider” the UNGP “as a useful
>> guide” – which, in our view, eliminates any perceived danger of
>> creating any obligation whatsoever through this mention.
>>
>> I hope that this compromise proposal may be positively considered by
>> all of you. Please note that it is made only by me with the aim of
>> arriving at a common ground and that it has not been possible to
>> coordinate due to time constraints with the other participants
>> joining the dissent.
>>
>> Best regards
>>
>> Jorge
>>
>> *Von:*accountability-cross-community-bounces at icann.org
>> [mailto:accountability-cross-community-bounces at icann.org] *Im Auftrag
>> von *Jorge.Cancio at bakom.admin.ch
>> *Gesendet:* Montag, 25. September 2017 15:34
>> *An:* turcotte.bernard at gmail.com;
>> accountability-cross-community at icann.org
>> *Betreff:* Re: [CCWG-ACCT] CCWG-Accountability-WS2 - 27-28 September
>> Plenary Agenda and Materials - 1 of 2
>>
>> Dear all,
>>
>> Regarding *agenda point 8* and specifically the *dissenting opinion*
>> attached to the Report from the Subgroup dealing with the Framework
>> of Interpretation (FOI) of the Human Rights Core Value (see p. 2 of
>> the attached document), which I have filed together with a number of
>> colleagues, I would like to share some thoughts and a suggested path
>> forward with the CCWG Plenary before the calls scheduled to discuss this.
>>
>> The main point of the dissent is, in my view, that we feel that the
>> public comment period showed the existence of two schools of thought:
>> some that favored maintaining the text sent to public comment “as is”
>> (ALAC to a certain extent, and a number of different GNSO
>> constituencies) and those (UK, BRZ, and CH) proposing some steps
>> forward, especially in the recognition of the UN Guiding Principles
>> (Ruggie Principles).
>>
>> However, again in our view, the discussions in the Subgroup did not
>> yield a properly balanced result, which would have reflected at least
>> some if not all of the positions and proposals made by the named
>> Governments. This relates in particular, _that the FOI text should
>> make stronger reference to the UN Guiding Principles as the most
>> relevant voluntary international standard_. In our view, the Subgroup
>> did not undertake an inclusive enough effort to determine if a
>> compromise text could be formulated that would accommodate this
>> position of the three governments.
>>
>> Therefore, I would like to _suggest that the CCWG Plenary could
>> decide that some additional efforts to reaching a broader consensus
>> on this important issue should be made_ – a broader consensus that
>> could be more inclusive of all views expressed during the public
>> comment period.
>>
>> Hence, I would _suggest that the CCWG decides that the Report
>> together with the dissent are sent back to the Subgroup with the
>> request that a broader consensus solution is quickly sought within
>> the coming e.g. 2 weeks after the Plenary call_.
>>
>> I hope this way to proceed may seem reasonable to you and obtain your
>> support during the abovementioned call. I would be happy to answer
>> any questions you may have and look forward to your feedback.
>>
>> For my part I’ll try hard to attend the Wednesday call, but I’m
>> (physically) attending at the same time /the UN CSTD Working Group on
>> Enhanced Cooperation/. Hence, I would be very thankful if this issue
>> could be discussed on the Thursday call instead if possible.
>>
>> 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 *Bernard Turcotte
>> *Gesendet:* Donnerstag, 21. September 2017 18:05
>> *An:* Accountability Cross Community
>> <accountability-cross-community at icann.org
>> <mailto:accountability-cross-community at icann.org>>
>> *Betreff:* [CCWG-ACCT] CCWG-Accountability-WS2 - 27-28 September
>> Plenary Agenda and Materials - 1 of 2
>>
>> All,
>>
>> Please fins below and attached the agenda for the 27-28 September
>> plenary.
>>
>> As noted in an earlier email the Co-Chairs do not believe the plenary
>> can get through all of these materials in a single two hour session
>> and that it is imperative we do so this week given the timing
>> constraints we are working under. As such an additional 2 hour
>> plenary session has been added 28 September 1900 UTC (the original
>> plenary meeting scheduled for 27 September 1300 UTC still stands).
>>
>> Also please note that given the large volume of documents we will be
>> including these in two separate emails to avoid size limit issues for
>> participants.
>>
>> Please do not hesitate to contact me if you have any questions or
>> problems with the documents.
>>
>> Bernard Turcotte
>>
>> ICANN Staff Support to the CCWG-Accountability-WS2
>>
>> *Agenda for the CCWG-Accountability-WS2 Plenary of 27 and 28 September*
>>
>> **
>>
>> 1.Introduction, update to SOIs, reminder on standards of behavior
>>
>> 2.Review of Agenda
>>
>> 3.Administration
>>
>> 3.1.Review timeline.
>>
>> 3.2.Reminder of 27 October face to face in Abu Dhabi.
>>
>> 3.3.Reminder of High Interest sessions in Abu Dhabi
>>
>> 4.Legal Committee Update
>>
>> 4.1. Question sent to ICANN Legal on Ombudsman recommendation 8
>> regarding the independence of the proposed Ombuds Advisory Panel
>> (questions sent directly to ICANN legal on approval of Co-chairs).
>>
>> 4.2.Transparency – at the 13 September meeting of the sub-group
>> updated language for recommendations 2, 15 and 16 were considered.
>> ICANN Legal advised that they would consider these and provide
>> written feedback to the sub-group.
>>
>> 5.Point on Quorum (held over from last plenary)
>>
>> 6.Second Reading of the draft recommendations of the Diversity sub-group.
>>
>> o CCWG-Accountability-WS2-Diversity-DrafRecommendations-20170927
>> (attached - same document as distributed to the 30 August
>> plenary)
>>
>> 7.First reading of the final recommendations of the SOAC
>> Accountability sub-group.
>>
>> o CCWG-Accountability-WS2-SOACAcct-FinalReport-20170927 (attached)
>> o CCWG-Accountability-WS2-SOACAcct-FinalReport-RedLine-20170927
>> (attached)
>> o CCWG-Accountability-WS2-SOACAcct-AnalysisandResponsetoPublicComments-20170927
>> (attached)
>>
>> 8.First reading of the final recommendations of the Human Rights
>> sub-group.
>>
>> o CCWG-Accountability-WS2-HumanRight-FinalReportWithAdditions-20170927
>> (attached)
>> o CCWG-Accountability-WS2-HumanRights-PublicConsultation-May2017-Responses
>> (attached)
>>
>> 9.First reading of the draft recommendation of the Ombuds sub-group
>> (please note that the final report of the external review is provided
>> as a separate file due to size issues)
>>
>> o CCWG-Accountability-WS2-Ombudsman-DrafRecommendations-20170927
>> (attached in second email)
>> o CCWG-Accountability-WS2-Ombudsman-ExternalReview-Final (attached
>> in second email)
>>
>> 10.First reading of the draft recommendation of the Staff
>> Accountability sub-group.
>>
>> o CCWG-Accountability-StaffAcct-DraftReport-20170927V1.6
>> (attached in second email)
>> o CCWG-Accountability-StaffAcct-DraftReport-TrnasmissionLetter-20170927
>> (attached in second email)
>>
>> 11.AOB
>>
>> 12.Next Plenaries
>>
>> 12.1.Thursday 28 September 19:00UTC
>>
>> 12.2.Wednesday 4 October 0500 UTC (optional but please schedule)
>>
>> 12.3.Wednesday 11 October 1300 UTC (optional but please schedule)
>>
>> 12.4.Wednesday 18 October 1900UTC
>>
>> 13.Adjournment
>>
>>
>>
>> _______________________________________________
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>> Accountability-Cross-Community at icann.org
>> https://mm.icann.org/mailman/listinfo/accountability-cross-community
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--
Matthew Shears
matthew at intpolicy.com
+447712472987
Skype:mshears
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