Proposal for NCSG Charter Amendment

[Remmy Nweke]

Dear Farzaneh
Thanks for the intervention. I think you are being personal. The fact that
a charter is defective in a part honestly calls for its fixing and if I
find that in Finance Committee, so be it.

There are other people who have found one or two clauses conflicting. The
importance of Finance Committee, cannot be over emphasised except if the
leadership desires no accountability and transparency.

If those did not call for charter amendment, why are we having ambiguity in
understanding, interpreting or implementing it. It simply means there is a
problem structurally. But amending same Charter will afford us to remove
those ambiguous languages for ease of operation.

The Operating Procedure refers derives its 'powers' from the Charter as far
as I know, so if Charter is defective, definitely the issue of conflict in
interpretation comes up.

If you take the issue of FC for instance, there is some three distinct
portfolio including Treasury, internal auditors, and external auditors,
outside positioning it as fundraisers. All these makes it difficult for the
FC, for instance, to work optimally since this Charter was put in place in
2011.

Regards
RN

____
REMMY NWEKE, mNGE,
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_________________________________________________________________
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On Fri, Jun 7, 2019 at 2:14 PM farzaneh badii <farzaneh.badii at gmail.com>
wrote:

> Remmy
>
> Organizational members and individual members double voting can be fixed
> with adding to operating procedures. You don't need a charter change for
> that. We extensively discussed this last year. Perhaps Operating procedures
> can be discussed again. But now is too late.
>
> The matter you are raising about having multiple positions at different
> constituencies happened at constituency level not stakeholder group level.
> So essentially unrelated to NCSG.
>
> We can't start changing the charter because you think the Finance
> Committee should be doing what you think is best and because you have
> differences in interpretation with others on what the FC should be doing.
>
>
>
>
> Farzaneh
>
>
> On Fri, Jun 7, 2019 at 9:02 AM Remmy Nweke <remmyn at gmail.com> wrote:
>
>> 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
>>>
>>
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