[council] [Ext] Re: For your review - updated PDP Templates to facilitate consideration of impact on HR

Tue May 16 14:44:46 UTC 2023

Thanks, Anne, this is actually how it is referred to on the wiki page: “The ‘FOI’ is a brief report that offers consensus interpretation of bylaw language pertaining to human rights. This report was developed by a subcommittee within the CCWG-WS2”. It is definitely an important document in the context of the ICANN HR Bylaws, but not specific to assessing the impact of policy recommendations on HR as far as I understand which is what the additional language in the templates is focused on per the CCOICI recommendation.

Maybe others can weigh in on whether it is viewed as essential that a reference to the framework is included in the templates themselves or whether it is sufficient that it is included together with other relevant materials that are intended to assist community and staff?

Best regards,

Marika

From: Anne ICANN <anneicanngnso at gmail.com>
Date: Tuesday, 16 May 2023 at 16:07
To: Marika Konings <marika.konings at icann.org>
Cc: "council at gnso.icann.org" <council at gnso.icann.org>
Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika. Certainly all the materials are relevant but I don't believe the Framework of Interpretation is a "report".  Having working on that Workstream 2 team, I am aware that the ByLaws change was specifically designed to only take effect after the HR Framework of Interpretation was adopted.  Thus, the Framework of Interpretation is quite important and is not just a "report."

Given that the Framework was designed to effect implementation, it should be referred to specifically in the documents.

Thank you,
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
anneicanngnso at gmail.com<mailto:anneicanngnso at gmail.com>

On Tue, May 16, 2023 at 5:56 AM Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>> wrote:
Thanks, Anne. Our understanding is that the Framework of Interpretation is a report that offers consensus interpretation of the ICANN Bylaw language pertaining to human rights, it is not a tool that has been designed to facilitate assessing the potential impact of policy recommendations on human rights. The dedicated wiki page contains additional documents and information that may provide further guidance hence why we thought it would be a better approach to refer those interested to learn more there so that they have the range of documents and tools available to assist in this process.

Best regards,

Marika

From: Anne ICANN <anneicanngnso at gmail.com<mailto:anneicanngnso at gmail.com>>
Date: Tuesday, 16 May 2023 at 14:46
To: Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>>
Cc: "council at gnso.icann.org<mailto:council at gnso.icann.org>" <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika.  Sometimes these links pepper the WG with too many different background documents.  Here the HR-FOI is most relevant to the scope of the assessment of the impact so I still believe it's a good idea to include a reference to that in the text.  If you think including the link makes it too long, then I would just add "... in accordance with the ICANN Human Rights Framework of Interpretation."

This language would make the scope of the work much more readily understandable.  I hope this request is not too burdensome.

Thank you!
Anne
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
anneicanngnso at gmail.com<mailto:anneicanngnso at gmail.com>

On Tue, May 16, 2023 at 2:31 AM Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>> wrote:
Hi Anne – thanks for your suggestion. Please note that the Framework of Interpretation, as well as other documents that may aid community and staff, can be found on the wiki page that is already referenced in the request for an Issue Report Template as well as Preliminary Issue Report template (see https://community.icann.org/x/RAPCCw). We’ll make sure to include the same link in the Charter Template and the Initial Report template.

Best regards,

Marika

From: Anne ICANN <anneicanngnso at gmail.com<mailto:anneicanngnso at gmail.com>>
Date: Monday, 15 May 2023 at 19:17
To: Marika Konings <marika.konings at icann.org<mailto:marika.konings at icann.org>>
Cc: "council at gnso.icann.org<mailto:council at gnso.icann.org>" <council at gnso.icann.org<mailto:council at gnso.icann.org>>
Subject: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR

Thanks Marika and many thanks to Ephraim!  These forms look good.  My only comment is that in each section in each of the forms asking whether there will be an impact on Human Rights, there should be a link inserted to the Framework of Interpretation for Human Rights(HR-FOI) that was adopted by the Board.  The Framework should be very helpful in the preparation of the Issue Report and also to the WG as it conducts the HR impact analysis on a recommendation by recommendation basis as specified in the Charter template.  (I understand that each Recommendation of the WG must be accompanied by an HR impact analysis.  If that is not the case, please advise by reply all.)

The link to the FOI is here:

https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-final-recs-27mar18-en.pdf

So, for example, in the Working Group Charter template, we should insert the language shown below in blue:
Thank you!
Anne
Impact on Human Rights
The WG is expected to consider the potential impact of any recommendations on human rights as set forth in the ICANN Human Rights Framework of Interpretation (HR-FOI) linked here: https://www.icann.org/en/system/files/files/ccwg-acct-ws2-annex-3-hr-foi-final-recs-27mar18-en.pdf.     Based
on the information included in the request for an Issue Report and the Issue Report, the WG is
expected to further consider whether there is a likely human rights impact, and if so, who are the
groups expected to be impacted and the expected severity of the impact (high / medium / low). If an
impact is anticipated, the WG is expected to address the following questions: 1) is the proposed action
necessary to achieve the desired outcome, 2) is the proposed action proportionate, 3) is the proposed
action legitimate.

Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
anneicanngnso at gmail.com<mailto:anneicanngnso at gmail.com>

On Mon, May 15, 2023 at 9:18 AM Marika Konings via council <council at gnso.icann.org<mailto:council at gnso.icann.org>> wrote:
Dear All,

Following the Council’s adoption of the CCOICI’s WS2 Recommendations Report, the staff support team has worked on:

“In relation to 3 (Framework of Interpretation for Human Rights), the GNSO Council directs GNSO Staff Support to work on a proposed implementation of the recommendations, consulting relevant community experts as needed. This proposed implementation is to be reviewed and approved by the GNSO Council before implementation”;

As a result, you will find attached updated versions of:

  *   The request for an Issue Report template;
  *   The Preliminary Issue Report template (proposed updates on page 6-7);
  *   The PDP WG Charter Template (proposed updates on page 2-3), and;
  *   The PDP WG Initial Report template (proposed updates on page 7).

Each of these documents have been updated with a set of check-list questions that, as recommended by the CCOIC would provide a lightweight mechanism to assess whether an impact to human rights is likely or expected as a result of the consideration of a specific topic and/or the related recommendations. Flagging potential impact on human rights at an early stage in the process will assist in focusing attention on this topic throughout the deliberations as well as allowing for a more detailed human rights impact assessment, if an impact is expected or established.

As you may note, a link is provided to a resource page that is managed by ICANN org where additional materials are available that may aid both staff as well as community in its consideration of the potential impact on human rights (see https://community.icann.org/x/RAPCCw). As further materials are developed, for example, work is underway on an ICANN Learn training on inclusion which is expected to present examples of protected groups, these will get added.

It is also important to keep in mind that these documents are templates – it does not prevent further elaboration and/or guidance if deemed necessary either by Council or community working groups.

A special thanks to Ephraim Percy Kenyanito for the original input he provided to the CCOICI as well as his review of and feedback on these templates.

Please provide any comments or suggestions you may have by 7 June at the latest. If additional time is needed, please do not hesitate to let us know as well.

Best regards,

Ariel, Julie and Marika
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