[NCSG-PC] Fwd: Human Rights Analysis of SSAD & ODA Reports

[Tomslin Samme-Nlar]

Dear PC,

Bringing this to the top of your inboxes for discussion. Ephraim has
requested that we transmit the below HRIA on behalf of CCWP-HR. As PC, we
need to decide if it meets/aligns with our policy objectives or any
edits/adds we'll like to add to the document before the executive committee
can proceed with it. Do let us know if you have any objections or concerns
with the report as provided by Next week Friday 8th July please.

Warmly,
Tomslin


---------- Forwarded message ---------
From: Ephraim Percy Kenyanito <hello at ekenyanito.com>
Date: Wed, 22 Jun 2022 at 01:33
Subject: Re: Human Rights Analysis of SSAD & ODA Reports
To: <NCSG-DISCUSS at listserv.syr.edu>


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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