Proposal for NCSG Charter Amendment

Bruna Martins dos Santos bruna.mrtns at GMAIL.COM
Fri Jun 7 08:13:46 EEST 2019


Thanks for the information on the procedures, @James Gannon
<james at cyberinvasion.net>.

Remmy just mentioned that he "gave more than two instances that requires
review", but I tend to follow the same track of thought as others: without
an actual proposal of new text this is just a recommendation for review. @Remmy
Nweke <remmyn at gmail.com> I think your request is not very clear, do you
wish to add new text to the charter ? Do you wish to exclude any of the
provisions ?

As James explained above you have to gather the membership support you need
for this reviews in addition to the actual alterations you want - and on
this second it would be better if you could work on a document with the new
text suggestions plus reasoning for promoting such alterations for the
broader membership to understand it.

best,
Bruna Santos
NCUC Chair

Le ven. 7 juin 2019 à 10:03, Remmy Nweke <remmyn at gmail.com> a écrit :

> Thanks Joan,
> The concerns I raised in my initial proposal should suffice as I found it
> strange and very strange that madam chair NCSG is still asking for process.
>
> I gave more than two instances that requires review and 2.6 (Roles/mandate
> of FC) is a huge place of demand for review.
>
> Presently we have constitutional challenge with respect to membership and
> organisational voting powers. If we don't why is she asking people to
> identify on which platform they are voting. These are a few which have been
> stated earlier why we needed a review and instead of acknowledging the
> proposal for next step I am being asked to follow process.
>
> I wonder which process and what it meant again?
>
> I agree with you it takes a while to get things reviewed in a Charter but
> we or someone has to start the proposal just like I did.
>
> Regards
>
> On Fri, Jun 7, 2019, 13:20 Joan Kerr <joankerr at fbsc.org> wrote:
>
>> Hello Remmy, All
>>
>> I have been reading your requests for an NCSG Charter Amendment.  Having
>> just worked on the NPOC Charter, I can tell you it takes a tremendous
>> amount of time commitment.  Perhaps, the suggestion that you can start the
>> amendment processes yourself and highlight particular concerns and
>> recommendation is a good start and after the elections and ICANN65, other
>> can commit to participate.
>> Thanks,
>>
>> On Fri, Jun 7, 2019 at 7:51 AM Remmy Nweke <remmyn at gmail.com> wrote:
>>
>>> Dear Stephanie
>>> Frankly, I am surprised that you are still asking to see the specific
>>> reasons for this Proposal, that means something is terribly wrong then
>>> somewhere that I am yet to decipher.
>>>
>>> Despite alluding to the fact there is need to review the Charter you
>>> still want some precise process. I really do not understand that.
>>>
>>> Those things you listed as having not discussed or agreed on like
>>> fundraising etc were all in the Charter as FC role which, I merely brought
>>> them forward in the proposal to elucidate on the need for review and not
>>> personal views.
>>>
>>> I had expected you as the chair of NCSG to accept/acknowledge the
>>> proposal and make it EC agenda item in the next meeting ASAP and even
>>> forthcoming ICANN meeting agenda, and thereafter follow the process with
>>> timelines according our Charter instance, not throwing it back to me again
>>> for whatever process.
>>>
>>> I have done my bit by proposing and got seconder from Thato.
>>>
>>> The ball is now over to NCSG EC please.
>>> Thanks
>>> Remmy Nweke
>>>
>>> On Fri, Jun 7, 2019, 01:44 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
>>>>>
>>>>>
>>>>> ____
>>>>> REMMY NWEKE, mNGE,
>>>>> Lead Consulting Strategist/Group Executive Editor,
>>>>> DigitalSENSE Africa Media [Multiple-award winning medium]
>>>>> (DigitalSENSE Business News; ITREALMS, NaijaAgroNet)
>>>>> Block F1, Shop 133 Moyosore Aboderin Plaza, Bolade Junction,
>>>>> Oshodi-Lagos
>>>>> M: 234-8033592762, 8023122558, 8051000475, T: @ITRealms
>>>>> Author: A Decade of ICT Reportage in Nigeria
>>>>>
>>>>> 2019 Nigeria DigitalSENSE Forum on IG4D & Nigeria IPv6 Roundtable
>>>>> JOIN us!!
>>>>>
>>>>> *Vice President, African Civil Society on the Information Society
>>>>> (ACSIS)
>>>>>
>>>>> NPOC FC Rep @ICANN Non-Commercial Stakeholders Group (NCSG)
>>>>> _________________________________________________________________
>>>>> *Confidentiality Notice:* The information in this document and
>>>>> attachments are confidential and may also be privileged information. It is
>>>>> intended only for the use of the named recipient. Remmy Nweke does not
>>>>> accept legal responsibility for the contents of this e-mail. If you are not
>>>>> the intended recipient, please notify me immediately, then delete this
>>>>> document and do not disclose the contents of this document to any other
>>>>> person, nor make any copies. Violators may face court persecution.
>>>>>
>>>>
>>
>> --
>>
>> Joan Kerr, Entrepreneur, Artist, Humanitarian
>>
>> _____________________________________
>>
>> Chair, Climate Smart Victory Garden Team
>>
>> Chair, ICANN, Not for Profit Operations Constituency
>>
>> Chair, IEEE Sustainable Agriculture Working Group
>>
>> Chair, Science for Peace, Climate Smart Victory Gardens
>>
>> Advisor, IEEE Humanitarian Initiatives Committee
>>
>> Advisor, Climate Smart Agriculture Youth Network, (CSAYN) Canada
>>
>> UN WSIS Award Recipient, for Content & Creativity
>>
>> Durham Region Recipient, Community Partnership Award
>>
>> Founder, Foundation for Building Sustainable Communities
>>
>> www.joankerr.ca, www.fbsc.org
>>
>> Skype: joankerr_fbsc
>>
>> 1-416-907-0783
>>
>

-- 
*Bruna Martins dos Santos *

Skype ID: bruna.martinsantos
@boomartins
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