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

[Seun Ojedeji]

Considering that what the lawyers have proposed is based on what the CCWG
has requested[1], I will not raise any further disagreement on this.

However, I will reiterate that what we have done is NOT in-line with the
interpretation of what was written in the report[2] and I hope no one
disagree with that.

Regards
1. Hopefully the request was based on consensus.
2. Even though we may say what was in the report was probably a mistake but
it is what it is.
Sent from my LG G4
Kindly excuse brevity and typos
On 1 May 2016 9:43 p.m., "Mathieu Weill" <mathieu.weill at afnic.fr> wrote:

> 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
>
> [image: http://www.sidley.com/files/upload/signatures/SA-autosig.png]
> <http://www.sidley.com/> *SIDLEY AUSTIN LLP*
>
>
>
>
>
>
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