[CCWG-ACCT] Notes, recordings and transcript for WS2 Human Rights Subgroup Meeting # 10 | 18 October

[MSSI Secretariat]

Hello all,

The notes, recordings and transcripts for CCWG Accountability WS2 Human Rights Subgroup Meeting #10 – 18 October 2016 will be available here:  https://community.icann.org/x/5xC4Aw

A copy of the action items and notes may be found below.

Thank you.

With kind regards,
Brenda Brewer
MSSI Projects & Operations Assistant
ICANN - Internet Corporation for Assigned Names and Numbers

Notes

1. Administrivia

     Roll call, absentees, SoIs, etc

No updates for SOI, draft agenda adopted

Niels - Short report sent to the list to meet the 21 Oct date for the Co-Chairs

1. Executive Summary

The CCWG WS2 Human Rights Subgroup has documented the historical context

of the discussions on ICANNs human rights bylaw, which together with the

CCWG report (especially Annex 6 and 12) form it's scope of discussion,

with a Framework of Interpretation of the Human Rights Bylaw as intended

output. The subgroup is currently preparing a Framework of

Interpretation which in due time will be presented to the CCWG plenary

for discussion.

2. Description of the Issue

2.1 Current State of Play

The CCWG WS2 Human Rights Subgroup started of with providing an overview

of the discussions and agreements as they were made during CCWG

Workstream 1 [0]. Subsequently the Subgroup has analyzed the UN Guiding

Principles on Business and Human Rights (UNGPs), and their relevance and

applicability for ICANN. While there was consensus that some principles

were relevant for the development for a Framework of Interpretation

(such as 13a and 15a), it was also recognized that the UNGPs have not

been designed with an organization like ICANN in mind. Therefore a

drafting team is currently iteratively designing a draft Framework of

Interpretation which is being discussed in weekly calls. It is expected,

that at this rate, the subgroup will be able to achieve the set milestones.

2.2 Supplemental Report

See [0]

3 Recommendation

3.1 Requirements for Recommendation

We haven't reached consensus on a recommendation yet.

3.2 Rationale for Recommendation

We haven't reached consensus on a recommendation yet.

[0]

https://urldefense.proofpoint.com/v2/url?u=https-3A__docs.google.com_document_d_1rwpw9aSAqboRO2-5FrNkjMVJPOmYwmdr5B1-5FM-5FaNMoZb4_edit-3Fusp-3Dsharing&d=DQICAg&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=Q_fMdPzWh_dPIFRoT0_RCyUZ-mS0xeE4EeQTxa_ckQI&m=5GQq0rGWZxs9aSmg2OgxJ_JjAIwGBzdeuP2CxXPsZGg&s=YAAaAx7T5hT43QiQ-jSf-VnHp2CxrWZWPsGXohghWWA&e=

Comments on draft text should be submitted to the list

2. Analysis and discussion on the progress of the drafting team working on the new proposal for FoI

     a. within the scope of its Mission

     b. within the scope of other Core Values

     c. respecting

     d. internationally recognized human rights

     e. as required by applicable law

Presentation and discussion of the work of the drafting team by team members.  Greg Shatan walked the group through the document starting with the
Mission, seems that the Mission section may not need any further interpretation at this time.  Agree that Mission covers core values.  It was noted that it
may not be necessary to quote the bylaw. Discussing the general framework of the core values and how they work within the bylaws, in particular for human
rights aspect.  Requesting ICANN Legal opinion on relationship between core values.  Noted the response from ICANN Legal on 20 Sept. on core values. With
the Bylaws drafted to implement WS1, the CCWG recommended the development of both Commitments as well as Core Values, for which the balancing test
has changed.  Some of the items that were previously Core Values are now expressed as commitments.  The balancing test now requires that all of the
commitments be met, while Core Values still are dependent upon situations and can be balanced amongst each other.

Suggestion to remove the square brackets in the text as they are not needed.  Discussion of how to move forward based on the discussion of the draft from
the drafting team. Do have some parameters that the group is in agreement. Agree that the Ruggie Principals are a source to be used.  In particular the
notion of respectfulness   Suggestion that the group add some background to the text to explain.  No intention to create and automatic application of the
Ruggie Principals, in particular application as to respect.

3. AOB



Documents Presented

·         Presentation Meeting 9.pdf<https://community.icann.org/download/attachments/62394599/Presentation%20Meeting%209.pdf?version=1&modificationDate=1476823247633&api=v2>

·         NewdocumentFoIWG.pdf<https://community.icann.org/download/attachments/62394599/NewdocumentFoIWG.pdf?version=1&modificationDate=1476823260136&api=v2>

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