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

Ephraim Percy Kenyanito hello at ekenyanito.com
Tue Jul 12 14:05:34 EEST 2022


Dear Bruna,

Thank you so much.

Apologies, yesterday was a public holiday here and I was away from my 
computer.

I have now incorporated the changes as needed.

I really appreciate. We can go ahead and do the letter.

Best Regards,

Ephraim Percy Kenyanito

On 11/07/2022 00:25, Bruna Martins dos Santos wrote:
> Thanks, Tomslin!
>
> @Ephraim Percy Kenyanito <mailto: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>
>>             <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
>
>
>
> -- 
> */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_ and bruna.mrtns at gmail.com
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