[CCWG-ACCT] CCWG-Accountability-WS2-Plenary-20171018-Agenda and materials - incomplete version of Human Rights document

Tue Oct 17 11:25:46 UTC 2017

Congratulations to all and thanks to all who have contributed to reach this compromise. 

Kind regards,

León 

Enviado desde mi iPhone

El oct. 17, 2017, a la(s) 4:54 a. m., Niels ten Oever <lists at nielstenoever.net> escribió:

> I would like to thank everyone who contributed to this compromise,
> especially Greg and Jorge. I sincerely hope that the subgroup and the
> plenary can gather behind this compromise, which not only leads to the
> addition to this text, but also to the removal of the dissenting opinion.
> 
> Best,
> 
> Niels
> 
>> On 10/17/2017 04:49 AM, Greg Shatan wrote:
>> All,
>> 
>> After some further discussions, the suggested compromise on the Human
>> Rights Subgroup Report is attached in Word and PDF versions, and pasted
>> into the text below.  Jorge Cancio, who is traveling, has advised me
>> that he can live with this proposal. Thank you for your consideration.
>> 
>> Greg
>> 
>> *HUMAN RIGHTS SUBGROUP REPORT – COMPROMISE PROPOSAL*
>> 
>> *
>> *
>> 
>> To be inserted in “Considerations” section of document in: /"Consider
>> which specific Human Rights conventions or other instruments, if any,
>> should be used by ICANN in interpreting and implementing the Human
>> Rights Bylaw"/ (proposed language in red):
>> 
>> 
>> With regards to the UN Guiding Principles for Business and Human
>> Rights,[1] no consensus was reached as to their suitability for
>> interpreting the Core Value. However with regard to the implementation
>> of the Core Value certain aspects of the UN Guiding Principles for
>> Business and Human Rights could be considered as a useful guide in the
>> process of applying the Human Rights Core Value. There are certain
>> Guiding Principles that may not be suitable for ICANN and others that
>> might be applicable, depending on the circumstances. However, it is
>> beyond the scope of this document to provide a detailed analysis of the
>> Guiding Principles and their application, or not, in particular
>> situations.  To the extent that ICANN the Organization is a business, it
>> could consider certain aspects of the Guiding Principles as a useful
>> guide when applying the Human Rights Core Value to its business activities.
>> 
>> 
>> In any case, a conflict between any Guiding Principle and an ICANN Bylaw
>> provision or Article of Incorporation must be resolved in favor of the
>> Bylaw or Article. The use of the Guiding Principles as potential
>> guidance has to be carefully considered by each SO and AC as well as
>> ICANN the organization.
>> 
>> 
>> ------------------------------------------------------------------------
>> 
>> [1]The "UN Guiding Principles for Business and Human Rights" is a
>> non-binding document developed to provide guidance for business
>> organizations.
>> 
>> 
>> 
>> 
>> On Mon, Oct 16, 2017 at 11:00 AM, Bernard Turcotte
>> <turcotte.bernard at gmail.com <mailto:turcotte.bernard at gmail.com>> wrote:
>> 
>>    All,
>> 
>>    As noted by Finn Petersen the Human Rights final report transmitted
>>    with the agenda for the 18 October plenary did not include the
>>    minority opinion (thanks Finn).
>> 
>>    The correct version which was transmitted for the 27 September
>>    plenary is now attached to this email and the minority opinion is
>>    now in square brackets as requested at the 11 October plenary.
>> 
>>    The proposed compromise posted in the chat of the 11 October plenary
>>    by Jorge Cancio can be found in the Adobe recording of that session
>>    at about 90 minutes into the recording at 
>> 
>>    https://community.icann.org/pages/viewpage.action?pageId=71598556
>>    <https://community.icann.org/pages/viewpage.action?pageId=71598556> 
>> 
>>    and is reproduced below for your convenience:
>> 
>>        *Jorge Cancio (GAC Switzerland): The compromise would then be
>>        composed by (1) a footnote for the considerations part where the
>>        UNGP are mentioned, saying that the UNGP are relevant for
>>        business orgs; (2) the text formulated by Greg for the
>>        considerations with this wording: "the text as formulated by
>>        Greg is this: "To the extent that ICANN the Organization is a
>>        business, it could consider certain aspects of the Guiding
>>        Principles as a useful guide when applying the Human Rights Core
>>        Value to its business activities."*
>> 
>> 
>>    The decision recorded from this discussion at the 11 October plenary
>>    was:
>> 
>>        *•FOI Human Rights final recommendations first reading –
>>        Approved with the dissenting opinion being bracketed as well as
>>        the final compromise position from the chat of the Adobe room.
>>        This should be resolved by the next plenary where it will be
>>        presented for a second reading*
>> 
>> 
>>    The Action Item as recorded as:
>> 
>>        *•Human Rights subgroup to consider compromise text to avoid
>>        dissenting opinion in report. Any such compromise should be
>>        published by 17 October 23:59 UTC to allow participants time to
>>        consider it for the 18 October plenary.*
>>        *•Staff to include HR-FOI report for a second reading at 18
>>        October plenary.*
>> 
>> 
>> 
>>    Apologies for any inconvenience.
>> 
>>    Bernard Turcotte
>>    ICANN Staff Support to the CCWG-Accountability-WS2
>> 
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>> 
>> 
>> 
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> 
> -- 
> Niels ten Oever
> Head of Digital
> 
> Article 19
> www.article19.org
> 
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