Human Rights Analysis of SSAD & ODA Reports
Ephraim Percy Kenyanito
hello at EKENYANITO.COM
Wed Jul 6 11:50:19 EEST 2022
Dear Farzaneh,
Thank you so much for the comments, I have addressed the sections that
you made comments to and have incorporated all your input.
Thank you again.
@Tomslin- I look forward to the next steps from the PC.
Best Regards,
Ephraim Percy Kenyanito
On 02/07/2022 03:26, farzaneh badii wrote:
> 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>
>> <mailto:hello at ekenyanito.com>
>> To: cc-humanrights at icann.org, Francis Monyango
>> <francmonyango at gmail.com>
>> <mailto:francmonyango at gmail.com>
>> CC: Tomslin Samme-Nlar <mesumbeslin at gmail.com>
>> <mailto:mesumbeslin at gmail.com>, Bruna Martins dos
>> Santos <bruna.mrtns at gmail.com>
>> <mailto: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 7^th 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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