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

Mon Jul 11 00:25:30 EEST 2022

Thanks, Tomslin!

@Ephraim Percy Kenyanito <hello at ekenyanito.com>, can you transform the doc
into a PDF and I will follow up tomorrow morning by writing a short letter
submitting it to the board and send it afterwards ?

best,
B

On Sun, Jul 10, 2022 at 2:40 PM Tomslin Samme-Nlar <mesumbeslin at gmail.com>
wrote:

> Hi Bruna,
>
> With no further concerns received from the PC, I believe Ephraim has
> accommodated suggestions and edits provided so far by NCSG and the PC is
> happy for the EC to send the report to the board.
>
> Warmly,
> Tomslin
>
>
>
> On Sat, 2 Jul 2022 at 07:59, Tomslin Samme-Nlar <mesumbeslin at gmail.com>
> wrote:
>
>> 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
>>
>>

-- 

*Bruna Martins dos Santos *

German Chancellor Fellow 21' (Bundeskanzler-Stipendiatin) | Alexander von
Humboldt Foundation <https://www.humboldt-foundation.de/>

Visiting Researcher (Gastwissenschaftlerin) | Wissenschaftszentrum Berlin
für Sozialforschung (WZB) <https://wzb.eu/en>

Member | Coalizão Direitos na Rede <https://direitosnarede.org.br/>
Chair | Non-Commercial Stakeholder Group at ICANN
<https://gnso.icann.org/en/about/stakeholders-constituencies/ncsg>
Co-Coordinator | Internet Governance Caucus  <https://igcaucus.org/>

Twitter: @boomartins <https://twitter.com/boomartins> // Skype:
bruna.martinsantos
*bruna.martinsdossantos at wzb.eu <bruna.martinsdossantos at wzb.eu>* and
bruna.mrtns at gmail.com
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