[CCWG-ACCT] Recommendation 6 - Human Rights - 1st reading conclusions
Niels ten Oever
lists at nielstenoever.net
Fri Jan 15 17:03:21 UTC 2016
Dear co-chairs (an all),
I am quite surprised by your proposal to invite members and board to
consider option C since WP4 and CCWG achieved consensus on option A,
which was reinforced by the independent lawyers advice. I really don't
think this work should be disregarded.
The ICANN lawyers did not provide examples, case-law or other documents
to outline any risk. So even though I am very willing to discuss, I see
no reason to only consider option C and I am very surprised that you as
co-chairs argue for that option even though consensus was reached
earlier on option A. As I said in my previous email, it is not
reasonable to consider option C before we agree that we won't proceed
with the option A.
All the best,
Niels
On 01/15/2016 05:26 PM, Alice Jansen wrote:
> _Sent on behalf of CoChairs _
> _
> _
> Please find below the main conclusions of our deliberations during call
> #76. The updated document is attached.
>
> 1.Agreement to rely on target dates instead of hard deadlines, in line
> with general approach agreed for WS2
> 2. Discussed comments (including Icann Board, RrSG…) requesting that the
> inclusion of human rights language into the bylaws be delayed until the
> proposed framework of interpretation was completed or even only be
> considered in Work Stream 2.
>
> a.Independent lawyer input has been provided and concludes : While
> the addition of the proposed human rights bylaw provision should not
> increase the exposure of ICANN to legal liability, we recognize that
> special interest groups and individuals might seek to bring
> non-meritorious claims, but the risk of meritless claims is already
> a risk that ICANN faces.
> b. Board clarified that concern included risk that IRP would
> interpret the Bylaw language and create “case law policy” while the
> FoI is finalized.
> c. Consider Lawyer input suggestion as follows :
>
> i. “ /expressly limiting the jurisdiction of any internal
> dispute resolution systems within ICANN (such as the IRP) to
> preclude claims of human rights violations that are not grounded
> in a specific violation of an applicable law”./
>
> 3. Members and Board are invited to consider whether option c) could be
> an acceptable way forward
>
> a. Confirm recommendation bylaw language as part of WS1, despite
> concerns expressed
> b. Defer bylaw language adoption to WS2, when FoI is finalized
>
> c. Adopt adjusted bylaw language as part of WS1 to clarify that it
> can only be enforced or used in an IRP once the FoI is approved
> (Such as : “This articles becomes effective 30 days after approval
> of the FoI…”).
>
>
> Second reading is planned for Tuesday, 19 January.
>
> Best regards
>
> Mathieu, Thomas, León
>
>
>
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--
Niels ten Oever
Head of Digital
Article 19
www.article19.org
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