[CCWG-ACCT] Fwd: Human Rights Transition Provision: Bylaws Section 27.3(a)

[Mathieu Weill]

Dear colleagues, 

Please find below for your consideration some suggestions from our lawyers for clarification of the bylaw language regarding the Human rights FoI. This follows our request during the previous call. 

Best,

Mathieu Weill
---------------
Depuis mon mobile, désolé pour le style

Début du message transféré :

> Expéditeur: "Gregory, Holly" <holly.gregory at sidley.com>
> Date: 1 mai 2016 19:10:53 UTC+2
> Destinataire: "'Mathieu Weill'" <mathieu.weill at afnic.fr>, "'Thomas Rickert'" <thomas at rickert.net>, León Felipe Sánchez Ambía <leonfelipe at sanchez.mx>, "bylaws-coord at icann.org" <bylaws-coord at icann.org>
> Cc: ACCT-Staff <acct-staff at icann.org>, "Rosemary E. Fei" <rfei at adlercolvin.com>, "ICANN at adlercolvin.com" <ICANN at adlercolvin.com>, Sidley ICANN CCWG <sidleyicannccwg at sidley.com>, "Samantha.Eisner at icann.org" <Samantha.Eisner at icann.org>
> Objet: Human Rights Transition Provision:  Bylaws Section 27.3(a)
> 
> Dear Co-Chairs and Bylaws Coordinating Group:  
> 
> On the CCWG call last week, there was a discussion of the Bylaws language regarding the transition provision on Human Rights [27.3(a)] and it was suggested that the language be clarified to ensure that the same approval process used for Work Stream 1 would apply.  We propose the following clarifying edits.  We suggest that you share this with the CCWG and if there is agreement, the following proposed edit should be included in the CCWG’s public comment:
> Redline:
> 
> Section 27.3. HUMAN RIGHTS
>  
> (a) 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) approved for submission to the Board by the CCWG-Accountability as a consensus recommendation in Work Stream 2, and (ii) approved by each of the CCWG-Accountability’s chartering organizations and (iii) the Board, (in each the case of the Board, using the same process and criteria used by the Board to consider the as for Work Stream 1 Recommendations).
>  
> (b) No person or entity shall be entitled to invoke the reconsideration process provided in Section 4.2, or the independent review process provided in Section 4.3, based solely on the inclusion of the Core Value set forth in Section 1.2(b)(viii) (i) until after the FOI-HR contemplated by Section 27.3(a) is in place or (ii) for actions of ICANN or the Board that occurred prior to the
> effectiveness of the FOI-HR.
> 
> Clean:
> 
> Section 27.3. HUMAN RIGHTS
>  
> (a) 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 (i) approved for submission to the Board by the CCWG-Accountability as a consensus recommendation in Work Stream 2 and (ii) approved by the Board, in each case, using the same process and criteria as for Work Stream 1 Recommendations.
>  
> (b) No person or entity shall be entitled to invoke the reconsideration process provided in Section 4.2, or the independent review process provided in Section 4.3, based solely on the inclusion of the Core Value set forth in Section 1.2(b)(viii) (i) until after the FOI-HR contemplated by Section 27.3(a) is in place or (ii) for actions of ICANN or the Board that occurred prior to the
> effectiveness of the FOI-HR.
> 
> Kind regards,
>  
> Holly and Rosemary
>  
> 
>  
> HOLLY J. GREGORY
> Partner and Co-Chair
> Corporate Governance & Executive Compensation Practice Group
> Sidley Austin LLP
> 787 Seventh Avenue
> New York, NY 10019
> +1 212 839 5853
> holly.gregory at sidley.com
> www.sidley.com
>  SIDLEY AUSTIN LLP
>  
>  
> 
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