Mathieu, All,

Leaving aside any discussion on the principle of putting this in as a by-law, the draft text (which I understand to be actual proposed by-law text) below seems to me to be deficient.

This Bylaw
provision will not enter into force until a Framework of Interpretation is
developed as part of “Work Stream 2” by the CCWG-Accountability or another
Cross Community Working Group chartered for such purpose by one or more
Supporting Organizations or Advisory Committees. ICANN shall support the
establishment and work of such a Group to facilitate development of the
Framework of Interpretation as promptly as possible.

Any such framework needs to the approved not just developed.

It would not be sufficient for such a development to occur in a group chartered by one or more of the SOs and ACs. Such a group would need to be chartered in the same way as the they CCWG.

In other words, precisely the same ‘rules’ for other WS2 matters would need to apply to this. Is that correct?


Cheers,


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On 27 Jan 2016, at 08:06 , Mathieu Weill <mathieu.weill@afnic.fr > wrote:

Thank you Bruce,

For the benefit of the Board members as well as colleagues who did not
attend the call, a short summary from our conclusions today based on the
meeting notes. This conclusion was achieved after closely listening to the
Board's concerns raised in the 3rd public comment, and assessing various
alternate proposals during our 3 plenary working sessions.

Action item is now for staff and lawyers to move to finalizing
recommendation consistent with the proposal discussed and comments
expressed during the session -(such as Alan). No further plenary
discussion is planned unless, as suggested by Kavouss, the Board would
come back with a concrete action or resolution that would convince the
group to proceed otherwise.

And the proposed text during the session was :
<quote>Within its Mission and in its operations, ICANN will respect
internationally recognized Human Rights. This commitment shall  not in any
way create an obligation for ICANN, or any entity having a relationship
with ICANN, to protect or enforce Human Rights beyond what may be required
by applicable law. In particular, this does not create any additional
obligation for ICANN to respond to or consider any complaint, request, or
demand seeking the enforcement of Human Rights by ICANN. This Bylaw
provision will not enter into force until a Framework of Interpretation is
developed as part of “Work Stream 2” by the CCWG-Accountability or another
Cross Community Working Group chartered for such purpose by one or more
Supporting Organizations or Advisory Committees. ICANN shall  support the
establishment and work of such a Group to facilitate development of the
Framework of Interpretation as promptly as possible.</>

Best regards,
Mathieu

-----Message d'origine-----
De : accountability-cross-community-bounces@icann.org
[ mailto:accountability-cross-community-bounces@icann.org] De la part de
Bruce Tonkin
Envoyé : mardi 26 janvier 2016 21:17
À : CCWG Accountability
Objet : [CCWG-ACCT] ICANN Board comments on Recommendation 6
Importance : Haute

Hello All,

Markus gave a verbal summary of the current position of the Board
following our Board call yesterday during the CCWG call.   I have set out
the current position in writing below.

I recognize that the CCWG members did not accept the Board's position.
There are quite a few Board members on the call - and we can take this
discussion back to the Board to see if we can find another solution.


(1) The Board is committed to upholding human rights as appropriate within
ICANN's mission; and

(2) The Board  intends to work alongside the community to progress the
human rights work within ICANN, including through the development of a
Human Rights Statement to reach a meaningful framework to guide human
rights considerations within ICANN's mission. 

The Board still remains supportive of Option B, or allowing the WS2 effort
on defining a framework to proceed prior to considering whether to include
a human rights obligation in the Bylaws.

The Board understands that one of the reasons for the suggestion of a
"dormant" bylaw text (which the Board remains concerned about for the
reasons flagged earlier) is that there is concern among the community that
if a reference to human rights is not included in the Bylaws, the Board
will not follow through on a community wish to address this issue.  To
address this concern, the Board proposes that including in the Bylaws a
requirement for ICANN to address the human rights issue, as well as a
requirement to consider - after a framework is concluded - how that should
be referenced in the Bylaws.  The Board therefore proposes the following:

In the Bylaws text referencing WS2, language should be included that
specifically identifies that a recommended framework on human rights
within ICANN is expected to be part of the WS2 effort.  Further, the
Bylaws on WS2 should specify that If the cross-community group developing
the framework also makes a consensus recommendation on whether and how
that framework can be reflected in the ICANN Bylaws, the ICANN Board must
consider that recommendation according to the process defined for
considering those continuous improvement recommendations.

Regards,

Bruce Tonkin

ICANN Board liaison to the CCWG

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