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@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
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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