The existing language in "Considerations" is pasted below. It's not clear to me where this new language just sent by Niels is intended to be inserted, but it appears there could be a conflict with the existing language below, as noted by Bastiaan. With regards to the UN Guiding Principles for Business and Human Rights , 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. 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. Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com _______________________________ Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com -----Original Message----- From: ws2-hr-bounces@icann.org [mailto:ws2-hr-bounces@icann.org] On Behalf Of McAuley, David via Ws2-hr Sent: Tuesday, August 08, 2017 10:02 AM To: ws2-hr@icann.org Subject: Re: [Ws2-hr] Proposed agenda meeting 31 - August 8 19:00 UTC Hi Niels, Thank you for these. I looked at the latest google doc link you sent (https://docs.google.com/document/d/17AvMLBfT8BmC3gUOTvaIuTuEqMbgiporUwqNymvh...) and did not see the proposed language of 3.1 in there and so am assuming you want to pass it by on the list first – and I see others have weighed in. With respect, I would suggest a few edits to 3.1 as proposed – I think I am fairly in line with Tatiana’s thoughts but can also explain on the call as well: 3.1 When examining its operations, ICANN the organization could consider using a framework like the UNGPs as well as specific instruments such as HRIAs to assess its impact on Human Rights. (STRIKING "and offer remediation"). However, it is up to ICANN the organization to decide whether and how (i.e., the most appropriate framework and instrument) to do this. The results of ICANN the organization's analysis should be reflected in ICANN’s annual reporting. (ADDING the "whether and how" language). Best regards, David David McAuley Sr International Policy & Business Development Manager Verisign Inc. 703-948-4154 -----Original Message----- From: ws2-hr-bounces@icann.org<mailto:ws2-hr-bounces@icann.org> [mailto:ws2-hr-bounces@icann.org] On Behalf Of Niels ten Oever Sent: Tuesday, August 08, 2017 8:44 AM To: ws2-hr@icann.org<mailto:ws2-hr@icann.org> Subject: [EXTERNAL] Re: [Ws2-hr] Proposed agenda meeting 31 - August 8 19:00 UTC Hi all, I am very sorry, I made a mistake in the text I shared under 3.1 with you before. Please use this version and please accept my apologies. You can also find the whole text as always in the Google doc: https://docs.google.com/document/d/17AvMLBfT8BmC3gUOTvaIuTuEqMbgiporUwqNymvh... Dear all, I hope this email finds you all very well. Please find the proposed agenda for the meeting of August 8, 19:00 UTC underneath: 1. Administrivia Roll call, absentees, SoIs, etc 2. Review of last weeks changes 2.1 addition ‘, but not limited to:’ to two footnotes 3. Proposed change as follow-up to last weeks discussion 3.1 When examining its operations, ICANN the organization could consider using a framework like the UNGPs as well as specific instruments such as HRIAs to assess its impact on Human Rights, and offer remediation. However, it is up to ICANN the organization to decide the most appropriate framework and instrument to do this. The results of ICANN the organization's analysis should be reflected in ICANN’s annual reporting. 4. Preparation of statement to CCWG 5. AOB Looking forward to discuss on the call. Best, Niels On 08/08/2017 02:22 PM, Niels ten Oever wrote:
Dear all,
I hope this email finds you all very well. Please find the proposed
agenda for the meeting of August 8, 19:00 UTC underneath:
1. Administrivia
Roll call, absentees, SoIs, etc
2. Review of last weeks changes
2.1 addition ‘, but not limited to:’ to two footnotes
3. Proposed change as follow-up to last weeks discussion
3.1 When examining its operations, ICANN the organization could
consider using a framework like the UNGPs as well as specific
instruments such as HRIAs to assess its impact on Human Rights, and offer remediation.
However, it is up to ICANN the organization to decide the most
appropriate framework and instrument to do this. The results of ICANN
the organization's analysis should such HRIAs should be reflected in
ICANN’s annual reporting.
4. Preparation of statement to CCWG
5. AOB
Looking forward to discuss on the call.
Best,
Niels
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Ws2-hr@icann.org<mailto:Ws2-hr@icann.org>
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