Hi Markus, In evaluating responses to the RFP, I think there are two very important considerations for the Board: 1. First, in accordance with the FOI – it will be very important for the HRIA to distinguish between those recommendations which are governed by “applicable law” and those recommendations which will be made that are not required by applicable law. If this distinction is not made, the Board opens itself up to claims of Human Rights violations. The HRIA itself could become evidence in such a proceeding. This risk should be addressed proactively by the Board. Traditional HRIAs do not make this distinction, one that is clearly set forth in discussion of Core Values. 2. The second consideration is the need for the HRIA to include a draft proposal to the community as enumerated in the “Considerations” document. (See text below.) It appears as though such a requirement may not have been specifically listed in the RFP for the HRIA. Accordingly, the Board should require delivery of a proposed framework to be provided to the community. This is an issue of stewardship of funds to be paid by ICANN for the HRIA as well as respect for the uniqueness of the MultiStakeholder model. Samples provided to potential suppliers appear to come from organizations (whether for profit or non-profit) which operate in the traditional realm of top-down decision-making. Again, most HRIAs do NOT include an element of crafting a draft proposal to be shared with the “community” for input as required by the new Core Value Considerations. This element of deliverables needs to be addressed by the Board. [cid:image001.png@01D32AE5.BC571F60] Anne Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ [cid:image004.png@01D32AE7.6735FE00] Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> From: Markus Kummer [mailto:markus.kummer@board.icann.org] Sent: Monday, September 11, 2017 12:25 AM To: Aikman-Scalese, Anne Cc: Niels ten Oever; ws2-hr@icann.org Subject: Re: [Ws2-hr] Impact assessment of the draft human rights FOI Hi Anne, In answer to your first question: yes, this goes without saying! As regards your second question, ICANN Org follows established procurement practices and does not post responses to RFPs on its website. Best regards Markus On 8 Sep 2017, at 20:30, Aikman-Scalese, Anne <AAikman@lrrc.com<mailto:AAikman@lrrc.com>> wrote: Thanks Markus, I am assuming the Board will be providing the final FOI and Considerations documents to the RFP winner after the Chartering Organizations have approved same. Otherwise I think it may be somewhat difficult for bidders who normally operate in this field to appreciate the scope intended and what is meant by “within its mission” and “does not include the policy-making process”. Will the responses to the RFP also be posted on the ICANN site? Anne Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _____________________________ <image003.png> Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> From: Markus Kummer [mailto:markus.kummer@board.icann.org] Sent: Friday, September 08, 2017 1:00 AM To: Aikman-Scalese, Anne Cc: Niels ten Oever; ws2-hr@icann.org<mailto:ws2-hr@icann.org> Subject: Re: [Ws2-hr] Impact assessment of the draft human rights FOI Anne, all, The RFP is publicly available at https://www.icann.org/news/announcement-2017-08-15-en. You will note that the RFP includes discussions of the WS2 effort and the documents as posted for public comment. ICANN Org is performing an HRIA at the request of the Board. It is our understanding that this is not dependent upon the completion of the FOI. If the FOI and Considerations document remain anywhere near to their current state, the HRIA will actually serve as a complement to the considerations raised. Lastly, it is worth mentioning that performing an HRIA is a tool that is gaining broad acceptance at companies, and is expected to result in the ICANN organization developing frameworks and tools for its internal work. I hope this helps. Best regards Markus On 6 Sep 2017, at 22:50, Aikman-Scalese, Anne <AAikman@lrrc.com<mailto:AAikman@lrrc.com>> wrote: Interesting that ICANN has already put out an RFP for an HRIA without reviewing or adopting the recommended FOI which contains "Considerations" for ICANN the organization or waiting for Chartering Organization approval of same. In fact, action by ICANN the organization is all that we as a subteam are currently arguing about in the language of the draft. MARKUS, COULD YOU PLEASE CIRCULATE A COPY OF THE ICANN RFP FOR AN HRIA TO THIS LIST? WHEN ARE RESPONSES TO THE RFP DUE? Thank you, Anne Anne E. Aikman-Scalese Of Counsel 520.629.4428 office 520.879.4725 fax AAikman@lrrc.com<mailto:AAikman@lrrc.com> _______________________________ Lewis Roca Rothgerber Christie LLP One South Church Avenue, Suite 700 Tucson, Arizona 85701-1611 lrrc.com<http://lrrc.com/> -----Original Message----- From: ws2-hr-bounces@icann.org<mailto:ws2-hr-bounces@icann.org> [mailto:ws2-hr-bounces@icann.org] On Behalf Of Niels ten Oever Sent: Wednesday, September 06, 2017 4:28 AM To: ws2-hr@icann.org<mailto:ws2-hr@icann.org> Subject: Re: [Ws2-hr] Impact assessment of the draft human rights FOI Thank you very much Markus. It is great that 'the FOI does not appear to raise significant concerns in implementation'. Looking forward to further discuss this document here on the list. Best, Niels On 09/06/2017 09:44 AM, Jorge.Cancio@bakom.admin.ch<mailto:Jorge.Cancio@bakom.admin.ch> wrote:
Thanks Markus, we’ll have a look at this document.
Kind regards
Jorge
*Von:*ws2-hr-bounces@icann.org<mailto:ws2-hr-bounces@icann.org> [mailto:ws2-hr-bounces@icann.org] *Im Auftrag von *Markus Kummer *Gesendet:* Dienstag, 5. September 2017 10:11 *An:* ws2-hr@icann.org<mailto:ws2-hr@icann.org> *Betreff:* [Ws2-hr] Impact assessment of the draft human rights FOI
Dear Niels, all,
As you may recall, the Board had asked ICANN organization to prepare an impact assessment of the CCWG WS2 draft human rights FOI on ICANN organization. ICANN organization prepared the attached document, in cooperation with the Board,. I am pleased to share it with you for your consideration.
Best regards Markus.
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