[CCWG-ACCT] inconsistency in bylaws spotted

[Niels ten Oever]

Dear all,

I hope this email finds you well. Upon re-reading the bylaw text I came
across the following issue which does not seem to be in accordance with
what we agreed in WS1.

The CCWG report says where it comes to Human Rights:

[ccwg report]

 “Within its Core Values, ICANN will commit to respect internationally
recognized
 Human Rights as required by applicable law. This provision does not
create any
 additional obligation for ICANN to respond to or consider any
complaint, request,
 or demand seeking the enforcement of Human Rights by ICANN. This Bylaw
 provision will not enter into force until (1) a Framework of
Interpretation for Human
 Rights (FOI-HR) is developed by the CCWG-Accountability as a consensus
 recommendation in Work Stream 2 (including Chartering Organizations’
approval)
 and (2) the FOI-HR is approved by the ICANN Board using the same
process and

criteria it has committed to use to consider the Work Stream 1
recommendations.”

[/ccwg report]

But when I look at the bylaw text it says:

[proposed bylaw]

The Core Value set forth in Section 1.2(b)(viii) shall have no force or
effect unless and until a framework of interpretation for human rights
(“FOI-HR”) is approved by (i) the CCWG-Accountability as a consensus
recommendation in Work Stream 2, (ii) each of the CCWG-Accountability’s
chartering organizations and (iii) the Board (in the case of the Board,
using the same process and criteria used by the Board to consider the
Work Stream 1 Recommendations).

[/proposed bylaw]

Now it is explicitly required that all Chartering Organizations approve
the Framework of Interpretation, whereas during WS1 it was agreed that
for WS2 we would use exactly the same process of approval as for WS1.

What makes this even more divergent is that this clause is only added
for Human Rights in the proposed bylaws and not for any other bylaw.
Whereas there was no exceptional procedure for human rights discussed
for WS2.

What I propose is to refer to the charter of the CCWG on Accountability
for the decision making of all processes in WS2 (including the decision
making on the FoI on Human Rights) and not create separate or new
requirements or processes.

All the best,

Niels



-- 
Niels ten Oever
Head of Digital

Article 19
www.article19.org

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