Human Rights Analysis of SSAD & ODA Reports

Wed Jul 6 12:33:09 EEST 2022

i am very sorry that I have not been able to find the time to review this report yet.  I would appreciate another couple of days.
Stephanie Perrin

Sent from my iPhone

> On Jul 6, 2022, at 12:50, Ephraim Percy Kenyanito <hello at ekenyanito.com> wrote:
> 
> 
> 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
>>>>>>> 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>
>>>>>>> To:	cc-humanrights at icann.org, Francis Monyango <francmonyango at gmail.com>
>>>>>>> CC:	Tomslin Samme-Nlar <mesumbeslin at gmail.com>, Bruna Martins dos Santos <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
>>>>>>> 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:
>>>>>>>> Whether the ODA has correctly interpreted the intent of the SSAD recommendations in the proposed implementation;
>>>>>>>> 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;
>>>>>>>> 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);
>>>>>>>> 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:
>>>>>>>> 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
>>>>>>>> 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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