[CCWG-ACCT] CCWG WS2 Next Steps - Human Rights

[Aikman-Scalese, Anne]

With respect to the Human Rights subgroup in Workstream 2, I would like to ask that the UN Declaration on the rights of Indigenous Peoples be included in this inquiry as we seek to develop a framework  of interpretation. The CCWP on Human Rights (led by Niels) has already agreed to include the Rights of Authors  (UN Universal Declaration Article 27) in its bullet points for discussion with respect to Subsequent Procedures.  ICANN also needs to be looking at the Human Rights of indigenous Peoples in this context and in the context of development of the framework.  BY WAY OF DISCLOSURE OF INTERESTS, I represent the Pascua Yaqui Tribe in Tucson Arizona.  (I do not, however, have instructions from them with respect to participation in this Workstream 2 group.)

Provisions which I think are relevant to the framework of interpretation on Human Rights  are pasted below.  The link to the Declaration is here:

http://www.un.org/esa/socdev/unpfii/documents/DRIPS_en.pdf


Article 11
1.
Indigenous peoples have the right to practise and revitalize their
cultural traditions and customs. This includes the right to maintain,
protect and develop the past, present and future manifestations of
their cultures, such as archaeological and historical sites, artefacts,
designs, ceremonies, technologies and visual and performing arts
and literature.
2.
States shall provide redress through effective mechanisms, which
may include restitution, developed in conjunction with indigenous
peoples, with respect to their cultural, intellectual, religious and spir
-
itual property taken without their free, prior and informed consent
or in violation of their laws, traditions and customs.
Article 12
1.
Indigenous peoples have the right to manifest, practise, develop
and teach their spiritual and religious traditions, customs and cer
-
emonies; the right to maintain, protect, and have access in privacy
to their religious and cultural sites; the right to the use and control
of their ceremonial objects; and the right to the repatriation of their
human remains.
2.
States shall seek to enable the access and/or repatriation of cer
-
emonial objects and human remains in their possession through fair,
transparent and effective mechanisms developed in conjunction with
indigenous peoples concerned.
7
Article 13
1.
Indigenous peoples have the right to revitalize, use, develop and
transmit to future generations their histories, languages, oral tradi-
tions, philosophies, writing systems and literatures, and to designate
and retain their own names for communities, places and persons.


Anne E. Aikman-Scalese

Of Counsel

520.629.4428 office


520.879.4725 fax

AAikman at lrrc.com<mailto:AAikman at lrrc.com>

_____________________________

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Lewis Roca Rothgerber Christie LLP

One South Church Avenue, Suite 700

Tucson, Arizona 85701-1611

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



From: accountability-cross-community-bounces at icann.org [mailto:accountability-cross-community-bounces at icann.org] On Behalf Of Karen Mulberry
Sent: Monday, July 11, 2016 1:44 PM
To: CCWG accountability
Cc: ACCT-Staff
Subject: [CCWG-ACCT] CCWG WS2 Next Steps

Sent on behalf of the CCWG-Acct Co-Chairs


CCWG WS2 Next Steps

Now that we have outlined the WS2 workplan as part of the discussion in Helsinki, there are various areas where additional follow up will be needed as the subgroups get underway.

Please note that the Subgroup sign up Google Doc will be closed as of 12 July 2016, to sign up as either an active participant or an observer in any of the Subgroups going forward please send your request to ACCT-Staff (acct-staff at icann.org<mailto:acct-staff at icann.org>).

WS2 SUBGROUPS

The following timeline was presented in Helsinki with the work divided into two approaches.  Simple topics are anticipated to be short term and should be able to reach consensus quickly with a Public Comment period planned for October 2016 and the final output to be presented at the ICANN meeting in Copenhagen.  The more complex topics will take longer to develop and as such will provide an update on the progress of the subgroup’s work in Copenhagen, with the final report expected to be delivered in June 2017. An early indication from the Subgroup Rapporteurs as to whether their topic is on the simple timeline or the complex timeline would be useful so that the CCWG can plan its work to enable full participation in the subgroups of interest for each participant.

Helsinki Timeline - Simple Topics – Short Term
•           June 2016: sub-groups agreed, commence work on docs for public input
•           Aug 2016: first discussion with CCWG
•           Sep 2016: refining work
•           Oct 2016: CCWG agrees for public input
•           20 Oct-30 Nov: Public Input comment period
•           Dec 2016: Analyze public comment staff/subgroups
•           Jan 2017: Sub-groups refines and revises output
•           Feb 2017: CCWG agrees final Output for consideration by community FOR ADOPTION at Copenhagen

Helsinki Timeline - Complex Topics – Intermediate/Long Term
•           Jun 2016: sub-groups agreed
•           Sep-Oct 2016: first discussion with CCWG - identifies whether and how to update community at Hyderabad
•           Nov-Dec 2016: second discussion with CCWG (first SUBSTANTIVE)
•           Jan 2017: refining work
•           Feb 2017: CCWG agrees docs for public input
•           1 Mar to 10 Apr: Public Input comment period
•           Apr 2017: Analyze public comment staff/subgroups
•           May 2017: Sub-groups refines and revises output
•           May/Jun 2017: CCWG agrees final Output for consideration by community

SUBTEAM LEADERSHIP

The following have indicated that they wish to be rapporteurs for WS2 topics.

•           Diversity - Fiona Asonga, Rafik Dammak
•           Human Rights - Niels ten Oever, Nigel Roberts, Paul McGrady
•           Jurisdiction - Greg Shatan, Vinay Kesari
•           Ombudsman - Sebastien Bacholet
•           SO/AC Acct - Cheryl Langdon-Orr, Farzaneh Badii, Steve DelBianco
•           Staff Acct. - Avri Doria
•           Transparency - Michael Karanicolas
•           Reviewing CEP - Ed Morris
•           Guidelines for standards of conduct presumed to be in good faith associated with exercising removal of individual ICANN Board Directors - Lori Schulman

Designated rapporteurs will need to reaffirm their time commitment, including the meeting time to work with the CCWG leadership team in preparatory and post drafting of their recommendations and reports.

SUBGROUP DELIVERABLES

Each subgroup is expected to deliver a report of its findings and recommendations to the CCWG Plenary for discussion and consensus.  Periodic updates on the work of each subgroup will need to be provided by the Rapporteurs during CCWG Plenary sessions to track progress.

The expectation is that the output reports and recommendations will look like an Annex of the Work Stream 1 report. The structure is an executive summary; a description of the issue, including the description of the current state of play and incorporation of the discussions and inputs received from the Work Stream 1 effort, the supplemental report; and a section describing the requirements for the recommendation and how the recommendation has been validated against WS1 recommendations. The report and recommendation will also need to include text to demonstrate how the subgroups recommendations are meeting what was previously known as the NTIA requirements.

Each subgroup needs to be careful to demonstrate that they are conducting the due diligence needed in meeting the NTIA criteria with each and every one of its recommendations and requirements.  These requirements will then be translated into specific Bylaw articles after CCWG plenary discussion and consensus and a Public Comment period has been held on the CCWG recommendations.

SUBGROUP SCHEDULING

Staff can support up to nine (9), one hour meeting slots per week, which will be available for the WS2 subgroup Rapporteurs to work together to select their group’s meeting dates and times.

The weekly 1-hour available slots for July and August will be as follows:
•           three (3) slots at 05:00 UTC,
•           three (3) slots at 13:00 UTC
•           three (3) slots at 20:00 UTC

The timing of the available slots will be reconsidered at the end of August so adjustments can be made, if necessary.  However the nine (9) weekly one (1) hour slots will remain consistent in order for ICANN staff to support the work of all the subgroups with no more than three (3) slots to occur on any one day of the week.


Karen Mulberry
Director
Multistakeholder Strategy and Strategic Initiatives
ICANN



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