[bylaws-coord] Human Rights Transition Provision: Bylaws Section 27.3(a)

[Kavouss Arasteh]

Dear Holy,
Dear All,
Thank you very much for your effort BUT something is hidden or is missing
and that is reference to CHARTERING ORGANIZATIONS.
One may argue that reference to approval process used in Work Steam 1
implicitly or indirectly covers the approval needs by Chartering
Organizations.
I am not in that camp
No matter what text and or what language is used, WE NEED TO CLEARLY MAKE
REFERNCE to chartering organization.
 Please  register my strong OBJECTION  for any intentional or unintentional
attempt to miss that important points
Regards
Kavouss

2016-05-01 19:10 GMT+02:00 Gregory, Holly <holly.gregory at sidley.com>:

> 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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