Human Rights Analysis of SSAD & ODA Reports

Fri Jul 1 19:26:17 EEST 2022

Tomslin

I made some comments but I think in general this report is well written and
well informed. Congratulations to the authors.

On Fri, Jul 1, 2022 at 6:05 PM Tomslin Samme-Nlar <mesumbeslin at gmail.com>
wrote:

> Dear NCSG,
>
> Bringing this to the top of your inboxes again to see if anyone has any
> comments or concerns with the HRIA report Ephraim has provided. The PC is
> currently reviewing the report until Friday 8th July before the EC - if
> agreed - sends the report to the board on behalf of CCWP-HR. So, any
> comments/suggestions would be appreciated.
>
> Warmly,
> Tomslin
>
>
>
> On Mon, 27 Jun 2022 at 07:28, Tomslin Samme-Nlar <mesumbeslin at gmail.com>
> wrote:
>
>> Dear Ephraim,
>>
>> I found the report good, but I am not an HR law expert 🙂, so I am keen
>> to hear what other members have to say about it.
>>
>> Warmly,
>> Tomslin
>> @LinkedIn: https://www.linkedin.com/in/tomslin/
>>
>>
>> On Wed, 22 Jun 2022 at 01:33, Ephraim Percy Kenyanito <
>> hello at ekenyanito.com> wrote:
>>
>>> Dear NCSG and SG & PC,
>>>
>>> I would like to request that NCSG transmits the research to the board on
>>> behalf of CCWP-HR.
>>> This report has adopted the use of the human rights impact assessments
>>> (HRIA) methodology as proposed in the FOI-HR. This methodology has been
>>> used in the October 2019 Trial HRIA for ICANN PDPs – Final Report.
>>>
>>> We note that, the FOI-HR requires that various Supporting Organizations
>>> and Advisory Committees that comprise the ICANN community should be
>>> responsible for developing their own policies and frameworks to fulfill the
>>> Human Rights Core Value. However, the FOI-HR suggests HRIAs as a potential
>>> means of incorporating human rights considerations into policy development
>>> processes. HRIAs are rooted in the international human rights framework and
>>> used increasingly by companies, governments, and civil society alike as a
>>> tool to document a broader range of actual and potential impacts as part of
>>> a larger system of due diligence.
>>>
>>> Therefore, this report uses the Comprehensive HRIA format, which was
>>> developed by the CCWP-HR in 2019, as it provides the opportunity for
>>> stakeholders with divergent positions and opinions to engage constructively
>>> through the collection and comparison of empirical evidence, anecdotes, and
>>> general observations. This report provides the completed HRIA as an annex
>>> at the end of the report.
>>> Second, extensive desk research was also undertaken in compiling the
>>> final report to not just identify applicable legal instruments but also
>>> review relevant cases with a view to understanding what is legal, feasible,
>>> permissible and acceptable within the confines of ICANN’s Articles of
>>> Incorporation, the Core Values and the Bylaws.
>>>
>>> Best Regards,
>>>
>>> Ephraim Percy Kenyanito
>>> On 17/06/2022 16:29, farzaneh badii wrote:
>>>
>>> Fantastic! Look forward to reading it.
>>>
>>> On Fri, Jun 17, 2022 at 3:21 PM Ephraim Percy Kenyanito <
>>> hello at ekenyanito.com> wrote:
>>>
>>>> Dear NCSG,
>>>>
>>>> Please find the below communication and a prose document here:
>>>> https://docs.google.com/document/d/1XwC5YBDViRDME4Et7wzMchCkHe6z82V83Gpcb2dJ9k4/edit?usp=sharing
>>>>
>>>> Please feel free to add any comments.
>>>>
>>>>
>>>> --
>>>>
>>>> Best Regards,
>>>> Ephraim Percy Kenyanito
>>>> Public Policy Specialist/ Regulatory Affairs Specialist/ Project
>>>> Manager-
>>>> International Trade, Technology, Media & Telecommunications Laws
>>>> Website: https://ekenyanito.com/
>>>> Twitter: @ekenyanito <https://twitter.com/ekenyanito>
>>>> PGP Fingerprint: B0FA394AF73DEB7AA1FDC7360CFED26DE6BA8DC1
>>>>
>>>>
>>>> -------- Forwarded Message --------
>>>> Subject: Re: Human Rights Analysis of SSAD & ODA Reports
>>>> Date: Wed, 15 Jun 2022 19:50:31 +0300
>>>> From: Ephraim Percy Kenyanito <hello at ekenyanito.com>
>>>> <hello at ekenyanito.com>
>>>> To: cc-humanrights at icann.org, Francis Monyango
>>>> <francmonyango at gmail.com> <francmonyango at gmail.com>
>>>> CC: Tomslin Samme-Nlar <mesumbeslin at gmail.com> <mesumbeslin at gmail.com>,
>>>> Bruna Martins dos Santos <bruna.mrtns at gmail.com>
>>>> <bruna.mrtns at gmail.com>
>>>>
>>>> Dear CCWP-HR,
>>>>
>>>> Please find the prose document here:
>>>> https://docs.google.com/document/d/1XwC5YBDViRDME4Et7wzMchCkHe6z82V83Gpcb2dJ9k4/edit?usp=sharing
>>>>
>>>> Please feel free to add any comments.
>>>>
>>>>
>>>> --
>>>>
>>>> Best Regards,
>>>> Ephraim Percy Kenyanito
>>>> Public Policy Specialist/ Regulatory Affairs Specialist/ Project
>>>> Manager-
>>>> International Trade, Technology, Media & Telecommunications Laws
>>>> Website: https://ekenyanito.com/
>>>> Twitter: @ekenyanito <https://twitter.com/ekenyanito>
>>>> PGP Fingerprint: B0FA394AF73DEB7AA1FDC7360CFED26DE6BA8DC1
>>>> On 29/05/2022 15:23, Ephraim Percy Kenyanito wrote:
>>>>
>>>> Dear team,
>>>>
>>>> Hope you are all well.
>>>>
>>>> This is in reference to previous conversations on the topic.
>>>>
>>>> Franc (copied here in this email) has been helpful in looking through
>>>> the documents.
>>>> Please find attached the analysis here:
>>>> https://docs.google.com/spreadsheets/d/1R0j8RwbUrxbPxVIe_5Hgc4CRNUaXkSoyZ-xXNF1N5h8/edit?usp=sharing
>>>>
>>>> The document contains two sheets;
>>>>
>>>> First, EPDP HRIA- analyses the EPDP Phase 2 Recommendations which
>>>> inform the ODA Report.
>>>>
>>>> Second, ODA HRIA- analyses the ODA Recommendations which aims to
>>>> implement the EPDP Report.
>>>>
>>>>
>>>> FYI- The ODA Report is informed by the EPDP Report though in some
>>>> instances ICANN might have misunderstood the EPDP Report and ICANN Board
>>>> wrote to the GNSO Council raising this questions:
>>>>
>>>>    1.
>>>>
>>>>    Whether the ODA has correctly interpreted the intent of the SSAD
>>>>    recommendations in the proposed implementation;
>>>>    2.
>>>>
>>>>    Whether the ODA has overlooked any key aspects of the SSAD
>>>>    recommendations that should be factored in by the ICANN Board when it
>>>>    considers the recommendations;
>>>>    3.
>>>>
>>>>    Its view on the concerns identified by the ICANN Board and
>>>>    potential options that could be considered, either in the form of changes
>>>>    to the proposed implementation or the policy recommendations themselves, to
>>>>    address these concerns (note, these are expected to be high level
>>>>    suggestions at this stage);
>>>>    4.
>>>>
>>>>    Any other aspects that help inform the Council’s deliberations and
>>>>    consultation with the ICANN Board.
>>>>
>>>>
>>>> For background here are the original documents that were being analysed:
>>>>
>>>>    1.
>>>>
>>>>    EPDP Phase 2 Final Report:
>>>>    https://gnso.icann.org/sites/default/files/file/field-file-attach/epdp-phase-2-temp-spec-gtld-registration-data-2-31jul20-en.pdf
>>>>    2.
>>>>
>>>>    ODA Final Report:
>>>>    https://www.icann.org/en/system/files/files/ssad-oda-25jan22-en.pdf
>>>>
>>>> I look forward to your feedback as I begin working on the prose report
>>>> which I hope to complete the first version by June 7th and will be
>>>> scheduled to be maximum 10 pages for transmission to the board via NCSG
>>>> (which CCWP-HR is seated).
>>>>
>>>> Please feel free to let me know in case of any questions.
>>>>
>>>>
>>>> ---
>>>>
>>>> Best Regards,
>>>>
>>>> *EPK*
>>>>
>>>>
>>>> --
>>> Farzaneh
>>>
>>> --
Farzaneh
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