Anne, the Core Values are included in section 1.2(b) of the ICANN Bylaws (see
https://www.icann.org/resources/pages/governance/bylaws-en/#article1). This includes:
(viii) Subject to the limitations set forth in Section 27.2, within the scope of its Mission and other Core Values, respecting internationally recognized human rights as required
by applicable law. This Core Value does not create, and shall not be interpreted to create, any obligation on ICANN outside its Mission, or beyond obligations found in applicable law. This Core Value does not obligate ICANN to enforce its human rights obligations,
or the human rights obligations of other parties, against other parties.
Section 27.2 of the ICANN Bylaws states:
Section 27.2. HUMAN RIGHTS
(a) The Core Value set forth in Section 1.2(b)(viii) shall have no force or effect unless and until a framework of interpretation for human rights ("FOI-HR")
is (i) approved for submission to the Board by the CCWG-Accountability as a consensus recommendation in Work Stream 2, with the CCWG Chartering Organizations having the role described in the CCWG-Accountability Charter, and (ii) approved by the Board, in each
case, using the same process and criteria as for Work Stream 1 Recommendations.>
(b) No person or entity shall be entitled to invoke the reconsideration process provided in Section 4.2, or the independent review process provided in Section 4.3, based solely on
the inclusion of the Core Value set forth in Section 1.2(b)(viii) (i) until after the FOI-HR contemplated by Section 27.2(a) is in place or (ii) for actions of ICANN or the Board that occurred prior to the effectiveness of the FOI-HR.
In relation to the question on taking effect, once the updated templates are posted, these are expected to help guide future efforts but as also previously noted, as these are templates,
further guidance or information can be included as deemed appropriate by Council and/or the respective working group.
Best regards,
Marika
From: Anne ICANN <anneicanngnso@gmail.com>
Date: Tuesday, 23 May 2023 at 17:03
To: Marika Konings <marika.konings@icann.org>
Cc: "council@gnso.icann.org" <council@gnso.icann.org>
Subject: Re: [Ext] Re: [council] For your review - updated PDP Templates to facilitate consideration of impact on HR
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?
Anne Aikman-Scalese
GNSO Councilor
NomCom Non-Voting 2022-2024
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.
GNSO Councilor
NomCom Non-Voting 2022-2024
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
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.
Anne
GNSO Councilor
NomCom Non-Voting 2022-2024
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
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.
Anne
GNSO Councilor
NomCom Non-Voting 2022-2024
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
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:
So, for example, in the Working Group Charter template, we should insert the language shown below in blue:
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
GNSO Councilor
NomCom Non-Voting 2022-2024
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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