[council] Motion to adopt the CCOICI WS2 Recommendations Report

Aikman-Scalese, Anne AAikman at lewisroca.com
Tue Dec 13 16:13:22 UTC 2022

Hi Manju,
Thank you so much for stepping up to lead this CCOICI effort!

Reflecting on this CCOICI Motion and responses received from Marika and Ariel, I have the following questions for consideration:

  1.  Is some action for staff required by the Motion in relation to the SO/AC Accountability requirements set forth in Chapter 7 of the GNSO Operating Procedures?  If so, will that action also take into account any final version of the Terms of Reference for the SO/AC Accountability provisions of the Pilot Holistic Review?  Or are we saying the current version of Chapter 7 of the GNSO Operating Procedures is solid and we are sticking with that?  How is this affected by the Motion?  Or is there no effect?  (Sorry but it’s unclear to me where we are going on this and what ICANN staff is supposed to do.)

  1.  Regarding the Human Rights Core Value, could you (or staff) shed more light on the ICANN staff obligations to be confirmed by the Motion with respect to the following:

“In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed by the GNSO Council before implementation”

  1.  What is meant by “consulting relevant community experts as needed” and how will staff know how to identify “community experts” for consultation purposes?  Will the consultations be the subject of RFPs that go out to experts?  Will that be a public process?

  1.  In the CCOICI Report to be adopted via the Motion, staff is directed to implement this Core Value in a way that requires ICANN to take into account impact on Human Rights in its policy-making processes.  Does adoption of this Motion and the report mean that Council is directing staff to amend the Charter for Working Groups to include a provision requiring the WG to take into account any Human Rights implications?  Or are we saying the WG must take in to account all Core Values and perform the “balancing act” stated in the Annex 3 Human Rights Core Value Framework?  (Just asking as a former member of the Human Rights SubGroup in the WS2 Accountability Workstream.)

  1.  It appears that adoption of the CCOICI Report via this Motion will require the GNSO Council to  add a section on Human Rights Impact to its Annual Report and that this will be another requirement for implementation by staff.  Do Councilors and staff agree that passing this Motion to adopt the Report will mandate that requirement?

It would be great if the minutes of the Council meeting during the passing of this Motion could clarify the implementation requirements for staff in relation to the above items.

Thank you,

Anne E. Aikman-Scalese

Of Counsel

AAikman at lewisroca.com<mailto:AAikman at lewisroca.com>

D. 520.629.4428

[cid:image002.png at 01D90ED3.1D2850D0]

From: council <council-bounces at gnso.icann.org> On Behalf Of ??? Manju Chen via council
Sent: Monday, December 5, 2022 2:17 AM
To: council at gnso icann. org <council at gnso.icann.org>
Subject: [council] Motion to adopt the CCOICI WS2 Recommendations Report

Dear Council Members,

Please find attached the motion to adopt the Council Committee for Overseeing and Implementing Continuous Improvement (CCOICI) WS2 Recommendations Report.

This will be added to the agenda for our December Council meeting.



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