Proposal for NCSG Charter Amendment

[Elsa S]

Hi all,

Given that we’re on the verge of elections, and a meeting in a couple of
weeks, I suggest this conversation be rainchecked till after Marrakesh.
This will also give everyone time to get concrete suggestions to the
discussion table after reading the charter thoroughly (and maybe even
revisiting old threads that have discussed this issue at length several
times).

Charter work is not easy as we all know. And it could take years to amend
as per precedents (Veterans please correct me if I’m wrong). Bottom line, I
personally think we should definitely be more careful as to what we wish
for and how to get there.

My two cents here.

E.
—

On Thu, Jun 6, 2019 at 8:45 PM Stephanie Perrin <
stephanie.perrin at mail.utoronto.ca> wrote:

> Dear Thato and Remmy,
>
> Let me be more precise.  What amendments are you proposing?
>
> The more concrete your proposals for revision are, the more quickly
> matters will be resolved.  Drafting of any new Charter amendments does not
> fall to me, it is incumbent on those wishing to change it to make concrete
> proposals for change. I am aware of the problems with the original Charter,
> but I expect there will be considerable divergence of views on what our
> priorities ought to be in making changes.  For instance, we do not as a
> stakeholder group agree on the following:
>
>    - Should we have membership fees?
>    - Should we incorporate?
>    - Should we fundraise?
>
> My remarks were not intended to be a "throwback" but if you want changes,
> please be specific.
>
> My priority, as stated earlier and in my candidate statement, is that we
> participate actively in ICANN's currently ongoing revision of the
> multi-stakeholder process/model.  I would suggest that we wait till the ink
> is dry on that procedure, before revising our Charter.  I hope you will
> tune in on that discussion, and realize the gravity of the situation.
> There may be radical changes coming in our financial situation and methods
> of participation.  However, you of course have the right under the Charter
> to request revision.  Just follow the process.
>
> Kind regards,
>
> Stephanie Perrin
> On 2019-06-06 17:38, Thato Mfikwe wrote:
>
> Hi Remmy,
>
> I second the motion to have the Charter reviewed. Thus far I have also
> noted that sections relating to the Finance Committee need some work to
> only contain what is applicable, besides the recent organizational vs the
> individual voting processes that have recently emerged. The charter does
> not need to be followed partially but holistically without limitation since
> it is a guiding document on SG activities and processes. I am sure that
> there will be other amendments as a result of the proposed review.
>
> Thato Mfikwe
>
> On Thu, Jun 6, 2019 at 8:49 PM Remmy Nweke <remmyn at gmail.com> wrote:
>
>>
>> Dear Stephanie and Colleagues in NCSG,
>>
>> Apologies ahead for a lengthy mail.
>>
>> 1.   I do not want to see this as a throwback from madam chair
>> considering the time, which coincides with the ongoing NCSG election and
>> related constituency blocs, I wish to propose for amendment of our NCSG
>> Charter, which came into effect since May 5, 2011.
>>
>> 2.   I am also aware that severally, you as chair among others agreed
>> before now that the Charter needs to be reworked and that Executive
>> Committee (EC) of NCSG has the mandate to present it to the house for
>> review, if you so wish and which I think will be more direct and will end
>> the reoccurring dilemma during elections etc, which you have been trying to
>> explain for a while and safe us the agony in the future.
>>
>> 3.   The NCSG Charter in use was approved since May 5, 2011. We all know
>> that in this Information and Communication Technology (ICT) sector, moreso
>> the Internet or Domain Name System (DNS) industry, the level of disruptions
>> have made it imperative for stakeholders like us to be in tune with
>> development rather than being hindered by our charter.
>>
>> 4.   An instance is the aspect of the NCSG Charter which has to do with
>> Finance Committee (Section 2.6) coupled with multiplicity of
>> interpretations adduced by various members, which to the best of my ability
>> has been the bane of why Finance Committee is not and may not work
>> optimally to the benefit of its stakeholders in line with its Charter
>> mandate.
>>
>> 5.   Inter alia the Section 2.6 stated:
>>
>> 6.      “The NCSG Finance Committee is responsible for establishing a
>> firm financial footing for the NCSG and administering NCSG funds within a
>> defined framework that meets relevant legal requirements as well as
>> requirements imposed by ICANN.
>>
>> 7.       “The NCSG-­ FC’s responsibilities include fund raising, setting
>> voluntary contribution levels for members, determining procedures for the
>> distribution of funds, and for monitoring the utilization of funds.
>>
>> 8.      “The NCSG-­FC will also be responsible for the Treasurer
>> function. Formation of the NCSG-­‐FC, its composition, and duties within
>> the NCSG-­FC are set out in Section 2.6.”
>>
>>
>>
>> 9.      We also had instance where an individual was elected into the EC
>> of NCSG and still placed self for elective position for an Executive
>> Committee of a Constituency within NCSG, as if we are lacking people. The
>> truth is that since works here are largely voluntary and for good
>> governance, such loopholes should not exist or allowed to exist let alone
>> uphold it. As such it negates transparency in leadership.
>>
>> 10.Motion for Amendment:
>>
>> 11.  In accordance with (5.0 Amendments to the NCSG Charter) which states:
>>
>> 12.  “Proposals to amend this charter may be submitted by five (5)
>> percent of the then-­ current members eligible to vote, based on the
>> weighted voting as defined in section 4.0. Proposals may also be put
>> forward by the NCSG-­EC or the ICANN Board of Directors or one of the
>> Board's committees.
>>
>> 13.  “Amendments proposed by the NCSG members or the NCSG-­EC will only
>> take effect after there has been a membership review, approval by 60% vote
>> of NCSG members using the weighted voting defined in section 4.0 and final
>> review/approval by the ICANN Board of Directors.
>>
>> 14.  “Amendments proposed and approved by the ICANN Board of Directors or
>> one of its Committees will only take effect after membership review and
>> approval by 60% vote of the NCSG members using the weighted voting defined
>> in section 4.0. The ICANN Board may require proposed amendments to be
>> posted for public comment prior to taking its decision on the proposal.”
>>
>> 15.   So, based on the aforementioned instances, permit me to move a
>> motion that the NCSG Charter (May 5, 2011) be amended in accordance with
>> Section 5.0, and for EC to take every necessary steps to actualize this. I
>> so moved.
>>
>>
>>
>> Thanks and accept my highest regards.
>>
>> Remmy Nweke
>>
>> June 6, 2019
>>
>>
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> --
--

Elsa Saade
Consultant
Gulf Centre for Human Rights
Twitter: @Elsa_Saade
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