Council Member replacement
Amr Elsadr
aelsadr at ICANNPOLICY.NINJA
Tue Dec 17 08:28:47 EET 2019
Hi,
> On Dec 17, 2019, at 2:55 PM, James Gannon <lists at ICANN.GURU> wrote:
>
> Members choose their self-declaration so it is up to them
This is correct. The rules on declared region are not specific, and pretty much left up to each person engaging with the GNSO to choose.
The relevant ICANN Bylaws on this are in [Article 11.3](https://www.icann.org/resources/pages/governance/bylaws-en/#article11) which states that each GNSO Stakeholder Group should observe diversity requirements concerning geography, as well as other criteria, but the Bylaws don’t specify how geographic designations should be determined. The Bylaws say:
> “Stakeholder Groups should, in their charters, ensure their representation on the GNSO Council is as diverse as possible and practicable, including considerations of geography, GNSO Constituency, sector, ability and gender.”
Chapter 2, Section 2.1 of the [GNSO Operating Procedures](https://gnso.icann.org/sites/default/files/file/field-file-attach/op-procedures-24oct19-en.pdf) addresses this issue by referring to the Bylaws, so don’t really add any additional requirements or specificity. The same can be said for the [NCSG Charter](https://community.icann.org/display/gnsononcomstake/Charter), although it does add that:
>>
> “To the maximum extent possible, no more than two (2) NCSG GNSO Council Representatives can be declared resident of the same geographic region as defined by ICANN”,
…, but still doesn’t specify how geographic designations should be determined.
> , which is a good solution as long as we stick to a single source of truth (Which is the SOI)
I agree with this, and have personally used the GNSO SOI as the authoritative source of information on anyone’s declared country of residence simply because people engaging with the GNSO fill-in their own SOIs. The GNSO SOI form suggests, but does not require, that the country of origin could be the country in which taxes are paid. But again…, there is no specific rule on using the GNSO SOI as the determining source of information, but I do believe it’s generally been used by GNSO Policy staff to make this determination.
For practical reasons, it’d be a good idea for all NCSG elected officers to keep their GNSO SOIs accurate and up-to-date.
I hope this helps.
Thanks.
Amr
>
>
> ---
>
> James Gannon
>
> From: Caleb Olumuyiwa Ogundele <muyiwacaleb at gmail.com>
> Date: Tuesday, 17 December 2019 at 12:53
> To: James Gannon <lists at icann.guru>
> Cc: ncsg discuss <NCSG-DISCUSS at listserv.syr.edu>
> Subject: Re: Council Member replacement
>
> [@James Gannon](mailto:james at cyberinvasion.net)
>
> With this, it probably looks like Africa has no representation by the mere look of the SOIs.
>
> I'm I missing something? The confusion caused by region which one os domiciled seems to play a more prominent role than by nationality and regional representation?
>
> Caleb Ogundele
>
> On Tue, Dec 17, 2019 at 1:33 PM James Gannon <lists at icann.guru> wrote:
>
>> For Council elections/selections the relevant source of truth is the GNSO SOI's and Council declarations mentioned here:
>> https://gnso.icann.org/en/about/council
>>
>> Rafik Dammak (SOI) - AAPAC (AGM 2020)
>> Elsa Saade (SOI) – NA – (AGM 2020)
>> Tatiana Tropina (SOI) – EU (AGM 2021)
>> Martin Silva Valent (SOI) – LAC (AGM 2020)
>> Farell Folly (SOI) – EU (AGM 2021)
>> Farzaneh Badii (SOI) – NA (AGM 2021)
>>
>> ---
>> James Gannon
>>
>> On 17.12.19, 12:30, "NCSG-Discuss on behalf of Tapani Tarvainen" <NCSG-DISCUSS at LISTSERV.SYR.EDU on behalf of ncsg at TAPANI.TARVAINEN.INFO> wrote:
>>
>> Hi James,
>>
>> My apologies if I made a mistake, but looking at the page Stephanie
>> pointed to, I see the regions as follows:
>>
>> Africa: Rafik Dammak and Farell Folly
>> Asia-Pacific: Elsa Saade
>> Europe: Tatiana Tropina
>> Latin America: Martin Pablo Valent
>>
>> Cf. https://gnso.icann.org/en/about/stakeholders-constituencies/ncsg
>>
>> If that's not correct then my analysis obviously needs to be adjusted
>> accordingly. I am aware that Rafik lives in Japan, but our rules and
>> precedents give some leeway for people who have ties in multiple
>> regions to choose which they choose to declare (I oversimplified in
>> saying residence is the determining factor), and I presumed the above
>> page to indicate Rafik has chosen to declare Africa according to his
>> native Tunisia.
>>
>> Tapani
>>
>> On Dec 17 12:03, James Gannon (lists at icann.guru) wrote:
>>
>> > This doesn't match with the current declared regions of our councilors, I think it would be most appropriate for the EC to weigh in on eligibility concerns.
>> >
>> > ---
>> > James Gannon
>> >
>> > On 17.12.19, 06:29, "NCSG-Discuss on behalf of Tapani Tarvainen" <NCSG-DISCUSS at LISTSERV.SYR.EDUon behalf of ncsg at TAPANI.TARVAINEN.INFO> wrote:
>> >
>> > Hi James,
>> >
>> > Yes, you are eligible, indeed in a slightly favoured position.
>> >
>> > It's residence that counts, not country of origin. If you live and pay
>> > taxes in the USA or Canada, you are North American for this purpose.
>> >
>> > Otherwise, looking at current council composition and NCSG charter,
>> > the situation is briefly like this:
>> >
>> > * An African can only be selected if there are no other viable
>> > candidates (as there already are two Africans). This is a hard
>> > rule, "To the maximum extent possible", but as noted it would
>> > not exclude you if you are North American resident now.
>> >
>> > * Of two otherwise equally competent candidates, a North American
>> > would be preferred over others and a woman over a man. These are
>> > softer rules, "Reasonable efforts", so other qualifications could
>> > be more important.
>> >
>> > Tapani
>> >
>> > On Mon, Dec 16, 2019 at 01:33:37PM -0600, KASWESHA (kaswesha at GMAIL.COM) wrote:
>> > >
>> > > I am currently settled in North America but I am not very sure whether I am
>> > > eligible. Somebody advise.
>> > >
>> > > Regards;
>> > >
>> > > James Njoroge Gitau
>> > >
>> > > On Mon, Dec 16, 2019, 12:34 PM Stephanie Perrin <
>> > > stephanie.perrin at mail.utoronto.ca> wrote:
>> > >
>> > > > As members will have seen, Farzaneh Badii has resigned her council seat,
>> > > > so it is the responsibility of the NCSG Executive Committee to select a
>> > > > replacement until the next election takes place in summer 2020. In order
>> > > > to enable this, we are seeking expressions of interest in the position.
>> > > > Please send your statement of interest to me, copy Maryam Bakoshi, before
>> > > > the 28th of December. For your interest, the relevant section of the
>> > > > Charter concerning these circumstances is paragraph 2, section 3.2 (copied
>> > > > below). For information about the current composition of the council see
>> > > > https://gnso.icann.org/en/about/stakeholders-constituencies/ncsg. We
>> > > > appear to have representation from everywhere except North America.
>> > > >
>> > > > Stephanie Perrin
>> > > >
>> > > >
>> > > > Section 3.2 para 2
>> > > >
>> > > > In the event that a GNSO Council Representatives is unable to finish his
>> > > > or her term, the NCSG EC will appoint a temporary GNSO Council
>> > > > Representative to serve until the next regularly scheduled election as
>> > > > provided in Section 3.8 of the GOP. At that time, a new GNSO Council
>> > > > Representative will be elected to serve out the balance of the vacated
>> > > > term, if any.
>> > > >
>> > > >
>> >
>> > --
>> > Tapani Tarvainen
>> >
>>
>> --
>> Tapani Tarvainen
>
> --
>
> Ogundele Olumuyiwa Caleb
>
> muyiwacaleb at gmail.com
>
> 234 - 8077377378
>
> 234 - 07030777969
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