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

[Anne ICANN]

Marika,
Could staff please provide Council with the relevant ByLaws provisions for
the Human Rights Core Value?  Looking back at my notes,  I believe the
importance of the Human Rights Framework of Interpretation is in  Section
27.2 of the ByLaws.

I understand that the revisions to the Issues Report and Charter Template
will take effect immediately once approved by Council.  Is that correct?

Thank you!
Anne

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


On Tue, May 16, 2023 at 7:50 AM Anne ICANN <anneicanngnso at gmail.com> wrote:

> Thanks Marika.  Not sure how the wiki page language was developed or why
> the FOI is referred to there as a "report".  I do know that the ByLaws
> change was not effective until the Framework of Interpretation was formally
> adopted and so we labored long to reach agreement on the language of the
> FOI.  Thomas Rickert may be in the best position to provide further comment
> on the history of this Workstream 2 work and the role of the FOI in
> assessing HR impact.
>
> Anne Aikman-Scalese
> GNSO Councilor
> NomCom Non-Voting 2022-2024
> anneicanngnso at gmail.com
>
>
> On Tue, May 16, 2023 at 7:45 AM Marika Konings <marika.konings at icann.org>
> wrote:
>
>> 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
>>
>>
>>
>>
>>
>> On Tue, May 16, 2023 at 5:56 AM Marika Konings <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>
>> *Date: *Tuesday, 16 May 2023 at 14:46
>> *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.  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
>>
>>
>>
>>
>>
>> On Tue, May 16, 2023 at 2:31 AM Marika Konings <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>
>> *Date: *Monday, 15 May 2023 at 19:17
>> *To: *Marika Konings <marika.konings at icann.org>
>> *Cc: *"council at gnso.icann.org" <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
>>
>>
>>
>>
>>
>> On Mon, May 15, 2023 at 9:18 AM Marika Konings via council <
>> 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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