[GNSO-CCOICI] HR Framework proposed decision tree questions
Marika Konings
marika.konings at icann.org
Fri Jul 22 16:51:43 UTC 2022
Dear All,
In preparation for the next meeting of the CCOICI which has been rescheduled to Wednesday 1 August at 12.00 UTC, please find attached a proposed decision tree which is intended to help facilitate the group’s consideration of WS2 Recommendation #3 Framework of Interpretation for Human Rights. Before reviewing this decision tree, please review the background information on page 28: https://docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit?pli=1#heading=h.yhfl9i5iogm3.
Of course, this is just intended as a starting point – if you think the group should approach this subject differently and/or if there is additional information the CCOICI should consider, please feel free to share this on the mailing list.
Best regards,
Ariel, Julie and Marika
From: GNSO-CCOICI <gnso-ccoici-bounces at icann.org> on behalf of Julie Hedlund <julie.hedlund at icann.org>
Date: Wednesday, 13 July 2022 at 15:31
To: "gnso-ccoici at icann.org" <gnso-ccoici at icann.org>
Subject: [GNSO-CCOICI] Notes and AIs from CCOICI meeting on Wednesday 13 July at 12.00 UTC
Dear All,
Please find below the notes and action items from today’s CCOICI meeting. Please see the relevant materials which can be found on the wiki page: https://community.icann.org/x/DRR1Cw.
Best regards,
Ariel, Julie and Marika
CCOICI Meeting on Wednesday 13 July at 12.00 UTC
Action items:
RE: Recommendation #3 - Framework of Interpretation for Human Rights:
ACTION ITEMS: In preparation for the next meeting on 27 July, CCOICI members are requested to
1. Review the CCOICI WS2 Background Briefing at https://docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit?usp=sharing&ouid=103865008760080873867&rtpof=true&sd=true [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit?usp=sharing&ouid=103865008760080873867&rtpof=true&sd=true__;!!PtGJab4!_ebzA5mDSRSe7GOHMOZaf6h8REejhgMTvixm-VweR0EXgGCtnFDfw0ORg-X1Glh3lCmnpeVkgPBGBjIhN2LPYpXDasYCAhdMxw$> beginning on page 28, and in particular the background documents with references and links starting at the bottom of page 28. At a minimum, members should review Annex 3<https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf#page=79> of the WS2 Final Report.
2. Consult internally in their groups with those members who may have expertise in this area, specifically the WS2 conversations on Human Rights.
RE: Recommendation #6:
ACTION ITEMS:
1. Recommendation 6.4.4 -- The Committee confirms the staff assessment of “Not Applicable for Action” and notifies the GNSO Council accordingly.
2. Recommendation 6.4.5 -- The Committee confirms the staff assessment of “Not Applicable for Action” and notifies the GNSO Council accordingly.
3. Recommendation 6.5.1 -- The Committee confirms the staff assessment of “Complete” and notifies the GNSO Council accordingly.
4. Recommendation 6.5.2 -- The Committee confirms the staff assessment of “Complete” and notifies the GNSO Council accordingly.
5. Recommendation 6.5.3 -- The Committee confirms the staff assessment of “Complete” and notifies the GNSO Council accordingly.
Notes:
1. Welcome
a. Work plan status: https://docs.google.com/spreadsheets/d/1h38SgFeOdwumE7fUjLu4mB0CcXnwoncUpICqp_qINnk/edit#gid=0 [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/spreadsheets/d/1h38SgFeOdwumE7fUjLu4mB0CcXnwoncUpICqp_qINnk/edit*gid=0__;Iw!!PtGJab4!vVlAUPsBD1M90kL2on0a6dfYSLKeQgwE8CY7oEpojdKDpQ4Ll3UkRbiI7bTOkexk6oD5QWo$>
* Going very smoothly – we are ahead of schedule.
b. Reminder – status designations:
1. "Complete": Recommended action/decision is completed by the GNSO Council
2. "Partially Complete": Recommended action/decision is partially completed by the GNSO Council, further implementation may or may not be within scope to be addressed by the GNSO Council
3. "Action/Decision Required": GNSO Council needs to make a decision on whether the recommended action/decision is applicable for action by the GNSO Council and assign an appropriate implementation status in this list
4. "Not applicable for action": Recommended action/decision and its respective implementation is not within scope to be addressed by the GNSO Council
5. "Implementation Planned": GNSO Council is planning to implement the recommended action/decision
6. "Implementation Ongoing": GNSO Council’s implementation on the recommended action/decision is ongoing
7. "Won't be Implemented": Recommended action/decision is within scope to be addressed by the GNSO Council, but GNSO Council chooses not to implement (this may apply to the non-mandatory recommendations)
2. Continue review of Recommendation #6 (see https://docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit# [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit__;!!PtGJab4!5dwixX6rkXRTd9orP3IeXaBkg6_L-elZUGtRat2CVzpfa1Kd2zRnewVXS_lMKtCPtYjVumo2BLeYPIZY0d1weDSJ7DraLgeu4hM$>)
Re: WS2 Recommendation 6: Each SO/AC/Group should implement these Good Practices, to the extent these practices are applicable and an improvement over present practices. It is not recommended that implementation of these practices be required. Nor is it recommended that any changes be made to the ICANN Bylaws. It should be noted that the Operational Standards for periodic Organizational Reviews conducted by ICANN could include an assessment of Good Practices implementation in the AC/SO subject to the review.
a. Consider recommendations 6.4.4, 6.4.5 & 6.5
6.4 Outreach (Continued)
WS2 Recommendation 6.4.4:
Outreach objectives and potential activities should be mentioned in SO/AC/Group bylaws, charter, or procedures.
Staff Assessment: “Not Applicable for Action” -- Rationale: Since the GNSO Council is a representative body, it does not have a role for doing outreach. Outreach objectives and potential activities are not applicable to be included in the GNSO Operating Procedures.
Discussion:
* Question: Can’t think of any examples of GNSO Council outreach, but is this a Bylaws stipulation? Is there no case where the Council would have any outreach activity? Answer: Look at the related recommendations in the group – such as 6.3.3 – which talks about outreach to attract members, in which case it is not applicable to the GNSO. And focused on Council, not PDP WGs (although the operating procedures already foresee in that context what may happen if there is a lack of membership / diversity)
* CCOICI members agree with the staff assessment of “Not Applicable for Action”.
ACTION ITEM: Recommendation 6.4.4 -- The Committee confirms the staff assessment of “Not Applicable for Action” and notifies the GNSO Council accordingly.
WS2 Recommendation 6.4.5:
Each SO/AC/Group should have a strategy for outreach to parts of their targeted community that may not be significantly participating at the time, while also seeking diversity within membership.
Staff Assessment: “Not Applicable for Action” -- Rationale: Since the GNSO Council is a representative body, it does not have a role for doing outreach. Outreach strategy should be developed at the GNSO SG/C and NomCom level.
Discussion:
* CCOICI members agree with the staff assessment of “Not Applicable for Action”.
ACTION ITEM: Recommendation 6.4.5 -- The Committee confirms the staff assessment of “Not Applicable for Action” and notifies the GNSO Council accordingly.
6.5: Updates to Policies and Procedures
WS2 Recommendation 6.5.1:
Each SO/AC/Group should review its policies and procedures at regular intervals and make changes to operational procedures and charter as indicated by the review.
Staff Assessment: “Complete" – Rationale: There is an existing process in the GNSO Council for reviewing and updating the Operating Procedures. The "Version Control [gnso.icann.org]<https://urldefense.com/v3/__https:/gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-24oct19-en.pdf*page=35__;Iw!!PtGJab4!_ebzA5mDSRSe7GOHMOZaf6h8REejhgMTvixm-VweR0EXgGCtnFDfw0ORg-X1Glh3lCmnpeVkgPBGBjIhN2LPYpXDasaWmrF-LA$>" section of the GNSO Operating Procedure includes the revision records as an outcome of such review. In addition, there are additional mechanisms for the review of GNSO procedures, including the GNSO Framework for Continuous Improvement Oversight and Implementation and the Holistic Review.
Discussion:
* CCOICI members agree with the staff assessment of “Complete”.
ACTION ITEM: Recommendation 6.5.1 -- The Committee confirms the staff assessment of “Complete” and notifies the GNSO Council accordingly.
WS2 Recommendation 6.5.2:
Members of SO/AC/Groups should be involved in reviews of policies and procedures, and should approve any revisions.
Staff Assessment: “Complete" – Rationale: Any update to the GNSO Operating Procedures requires review and approval by the entire GNSO Council.
Discussion:
* CCOICI members agree with the staff assessment of “Complete”.
ACTION ITEM: Recommendation 6.5.2 -- The Committee confirms the staff assessment of “Complete” and notifies the GNSO Council accordingly.
WS2 Recommendation 6.5.3:
Internal reviews of SO/AC/Group policies and procedures should not be prolonged for more than one year, and temporary measures should be considered if the review extends longer
Staff Assessment: “Complete" – Rationale: The GNSO Framework for Continuous Improvement Oversight and Implementation, which is a permanent structure in the GNSO Council, allows for the continuous scoping and execution of projects that are focused on GNSO structural, procedural, and process improvements. It provides a mechanism to conduct internal review of GNSO procedures based on specific issues and focuses. This recommendation is satisfied due to the existence of this mechanism.
Discussion:
* All of the recommendations under 6 are not mandatory (“should” not “must”) and this recommendation in particular it dependent on other mechanisms.
* Wondering whether in principle if this would mean that any task for the CCOICI would not take more than a year. As noted above, this is not a mandate – should not take more than a year, but it may. Tasks that are more complex or that require approval from the ICANN Board could take more time.
* CCOICI members agree with the staff assessment of “Complete”.
ACTION ITEM: Recommendation 6.5.3 -- The Committee confirms the staff assessment of “Complete” and notifies the GNSO Council accordingly.
b. Confirm status designation
ACTION ITEMS:
Recommendation 6.4.4 -- The Committee confirms the staff assessment of “Not Applicable for Action” and notifies the GNSO Council accordingly.
Recommendation 6.4.5 -- The Committee confirms the staff assessment of “Not Applicable for Action” and notifies the GNSO Council accordingly.
Recommendation 6.5.1 -- The Committee confirms the staff assessment of “Complete” and notifies the GNSO Council accordingly.
Recommendation 6.5.2 -- The Committee confirms the staff assessment of “Complete” and notifies the GNSO Council accordingly.
Recommendation 6.5.3 -- The Committee confirms the staff assessment of “Complete” and notifies the GNSO Council accordingly.
2. Introduce Recommendation #3 - Framework of Interpretation for Human Rights (if time allows)
See: https://docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit?usp=sharing&ouid=103865008760080873867&rtpof=true&sd=true [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit?usp=sharing&ouid=103865008760080873867&rtpof=true&sd=true__;!!PtGJab4!_ebzA5mDSRSe7GOHMOZaf6h8REejhgMTvixm-VweR0EXgGCtnFDfw0ORg-X1Glh3lCmnpeVkgPBGBjIhN2LPYpXDasYCAhdMxw$>, page 28.
The CCWG-Accountability WS2 recommends the adoption of the Framework of Interpretation it developed for the ICANN Bylaws dealing with Human Rights, which can be found in Annex 3<https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf#page=79>.
See Annex 3<https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf#page=79> of the WS2 Final Report for further details, but in particular:
“Supporting Organizations could consider defining and incorporating Human Rights Impact Assessments (HRIAs) in their respective policy development processes. HRIAs should not consider particular human rights in isolation since they are universal, indivisible, interdependent, and interrelated. Given the interrelated nature of Core Values, the Supporting Organizations could also consider other Core Values, as part of the balancing required by the Bylaws.”
* Includes applicable background information.
* Also excerpts relevant sections from the March 2022 WS2 Implementation Status Report<https://www.icann.org/en/system/files/files/ccwg-acct-ws2-implementation-quarterly-report-31mar22-en.pdf>.
* In addition, language from the GNSO Operating Procedures in the PDP Manual:
* “After collection and review of information, the PDP Team and Staff are responsible for producing an Initial Report. The Initial Report should include the following elements:
* (…)
* o A statement on the WG discussion concerning impact of the proposed recommendations, which could consider areas such as economic, competition, operations, privacy and other rights, scalability and feasibility.”
* CCOICI will decide whether current language in the procedures is sufficient.
* References the Council’s Initial Prioritization<https://mm.icann.org/pipermail/council/attachments/20210120/54a46f27/WS2AccountabilityRecommendations-GNSOPrioritization-0001.pdf> effort.
* CCOICI members should consult within their groups to engage those members who may have expertise in this area, specifically the WS2 conversations on Human Rights.
* Would welcome hearing about any work in the community on human rights.
* The Council is expecting the CCOICI to make a recommendation on this.
* The GNSO is the first to tackle whether and how to incorporate the HRIAs.
* Not that the recommendation says, “Supporting Organizations could consider…” So the Council could decide not to define and incorporate the HRIAs.
* Staff could check with GAC colleagues to see what they have done.
* Also, ask Thomas Rickert to brief the CCOICI based on his experience and understanding.
* CCOICI members should at a minimum review Annex 3<https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf#page=79> of the WS2 Final Report. All documents are linked in the working document at: https://docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit?usp=sharing&ouid=103865008760080873867&rtpof=true&sd=true [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit?usp=sharing&ouid=103865008760080873867&rtpof=true&sd=true__;!!PtGJab4!_ebzA5mDSRSe7GOHMOZaf6h8REejhgMTvixm-VweR0EXgGCtnFDfw0ORg-X1Glh3lCmnpeVkgPBGBjIhN2LPYpXDasYCAhdMxw$>.
ACTION ITEMS: In preparation for the next meeting on 27 July, CCOICI members are requested to
1. Review the CCOICI WS2 Background Briefing at https://docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit?usp=sharing&ouid=103865008760080873867&rtpof=true&sd=true [docs.google.com]<https://urldefense.com/v3/__https:/docs.google.com/document/d/1zuQVN4zbz4zBYlZM4Mtfac7lj2j2dlna/edit?usp=sharing&ouid=103865008760080873867&rtpof=true&sd=true__;!!PtGJab4!_ebzA5mDSRSe7GOHMOZaf6h8REejhgMTvixm-VweR0EXgGCtnFDfw0ORg-X1Glh3lCmnpeVkgPBGBjIhN2LPYpXDasYCAhdMxw$> beginning on page 28, and in particular the background documents with references and links starting at the bottom of page 28. At a minimum, members should review Annex 3<https://www.icann.org/en/system/files/files/ccwg-acct-ws2-final-24jun18-en.pdf#page=79> of the WS2 Final Report.
2. Consult internally in their groups with those members who may have expertise in this area, specifically the WS2 conversations on Human Rights.
3. Confirm next steps & next meeting (Wednesday 27 July at 12.00 UTC)
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