GAC in the Empowered Community
The 1 October 2016 ICANN Bylaws introduced the “Empowered Community (EC)” and an escalation process for use of community powers. The GAC Marrakech Communiqué of March 2016, indicated that GAC would participate in the EC as a "Decisional Participant" “under conditions to be determined internally”. Under the October 2016 Bylaws, as a “Decisional Participant” in the Empowered Community, the GAC would have all the rights and obligations – and at each stage in the escalation process – as any other SO or AC participating.
This is a completely new role for the GAC (and obviously not yet reflected in the GAC Operating Principles) but the GAC has not yet determined the conditions for its participation.
It will be important to ensure that HLIG members take a consistent line on the conditions1 for GAC participation in the EC and that this issue is addressed as soon as possible in the GAC.
There are three main issues, and some proposed positions, for which we would like to have HLIG views:
a) key principles and criteria
b) who and on what conditions will represent the GAC in the EC
c) identify decision-making at each stage of the escalation process (including consultation and timing)
It is proposed that the HLIG members support these positions:
a) key principles and criteria:
- GAC participation and interventions should be based on principles established in GAC positions (e.g. from communiqués, GAC official correspondence)
- In cases there is no established GAC position, to the extent possible, issues should be brought back to the GAC for discussion and review
- Should the GAC have no established position, then GAC participation would be primarily in listening and observing mode
- Should the case not have clear public policy implications, GAC should abstain from taking a position
- no vote should be cast by GAC participant unless submitted to GAC for consensus position
- in the absence of a GAC vote being cast GAC should be considered to have abstained from that vote
- the powers conferred to the EC should be only used as a "last possible resort". Therefore solutions should be sought at the early stages of the EC mechanism
b) who and on what conditions will represent the GAC in the EC
1 GAC conditions would have to be consistent with the ICANN Bylaws
- GAC participation should be ensured by the GAC Chair (with an identified Vice-Chair as substitute when the GAC Chair is not available)
-
c) decision-making at each stage
(to be determined for the first three stages of petition, conference call, community forum) - for use of Community power requiring a vote the principles above should be applied,
namely:
- no vote to be cast by the GAC participant unless submitted to GAC for consensus position and in the absence of a GAC vote being cast GAC should be considered to have abstained from that vote