Human Rights Analysis of SSAD & ODA Reports

Sun Jun 26 16:28:26 EEST 2022

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
>
>
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