Proposal for NCSG Charter Amendment

[Elsa S]

Hi Thato,

Just to clarify quickly that I did not agree or disagree with any part of
the discussion yet, given that I have actively decided to prioritize
elections and Marrakesh policy issues on my part.

I would strongly advise everyone to do so as well, and to be respectful in
conversation, particularly to people who work endlessly in our team.

Good luck to us all.

Best,

Elsa
—

On Fri, Jun 7, 2019 at 2:46 PM Thato Mfikwe <thatomfikwe at gmail.com> wrote:

> Hi Elsa,
>
> Thanks for the feedback, this is the kind of comment that will be helpful
> in getting us to move forward because I can see you agree with some section
> and also disagree with certain sections or clauses. The main issue here, is
> the need for review with possible amendment.
>
> As mentioned the NCSG FC cannot complete its OP because there are
> disagreements on what they should be doing and how it should be done, last
> year the FC agreed that it will work on the OP before fully carrying out
> its responsibilities as stipulated on the charter. The only hinderance is
> section 2.6, which is critical in the successful adoption of the charter by
> the community and the EC and proper functioning of the FC itself.
>
> The Finance Committee Operational Procedures have been at the top of the
> FC agenda, that is where interpretation problem of the Charter (Section
> 2.6) started, causing delays in completion of the OP. I wish for the Chair
> of the NCSG FC to make an input on this or provide some form of update on
> this OP and charter-related issues which were discussed to a certain level
> in Kobe with members, thanks.
>
> Thato Mfikwe.
>
> On Fri, Jun 7, 2019 at 8:08 PM Amr Elsadr <aelsadr at icannpolicy.ninja>
> wrote:
>
>> Hi Thato,
>>
>> Thanks for the commentary towards the end of your email. It helps clarify
>> where some disagreements in interpreting the Charter exist. I have not
>> personally been a part of the discussions you referred to, and so will not
>> comment on them, but would like to offer a few personal thoughts on your
>> comments in-line below:
>>
>> On Jun 7, 2019, at 7:05 PM, Thato Mfikwe <thatomfikwe at GMAIL.COM> wrote:
>>
>> Hi all,
>>
>> Maybe to simplify this discussion, I will post section 2.6 of the charter
>> <https://gnso.icann.org/en/improvements/ncsg-charter-05may11-en.pdf>
>> section by section (also encouraging members to go through it and express
>> issues if there is any):
>>
>> 2.6 The  Financial Committee
>>
>> The NCSG Finance Committee is responsible for the following:
>> • Elect a Chair who will also serve as NCSG Treasurer;
>> • Determine rates for voluntary contributions from members;
>> • Develop and deploy a fund-­‐raising plan for the NCSG;
>> • Work with the ICANN staff to determine levels of support available to
>> the NCSG;
>> • Work with ICANN finance officers to ensure the NCSG and its
>> Constituencies receive fair and equivalent financial support from ICANN;
>> • Accounting for any funds received by the NCSG from any source.
>>
>> This accounting will include the following:
>> - All funds raised by voluntary membership fees or otherwise must be held
>> in a separate NCSG account.
>> - Proper controls must be implemented.
>> Regarding Expenditures:
>> • All expenditures under 500 Euro may be made on the authority of the
>> NCSG Treasurer
>> • All expenditures over 500 Euro must be approved by the NCSG-­‐FC
>> -
>> Financial reports must be prepared annually and be made public.
>> • Provide internal conflict resolution process regarding funds.
>> • Provide the oversight of the Treasurer function.
>> • Fulfill any other accounting, auditing or other prescribed financial
>> requirements as set by the ICANN Board of Directors for organizations
>> within the ICANN structure.
>>
>> Document methods and procedures used for accounting, reporting and budget
>> creation. Such documentation is subject to review by the NCSG-­‐EC.
>>
>>
>>
>> My position on this section, I do not see anything wrong with the above
>> mentioned (section 2.6, first part) of the Charter
>>
>>
>> I don’t believe I’ve spotted anything too significant either.
>>
>> but the reasons for the proposed review is because there are some members
>> feel that the FC:
>> - should not fundraise or deploy a fundraising plan
>>
>>
>> To me, whether the FC should raise funds, or deploy a fundraising plan
>> would depend on other factors.
>>
>> First, I don’t read the Charter to imply that the FC is REQUIRED to raise
>> funds. It just says that it is responsible for doing so. Being required to
>> carry out a specific activity and being the designated responsible party
>> for carrying it out are two different things.
>>
>> Second, Section 2.1(3) of the Charter includes, *“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.”*
>>
>> Has the FC determined these procedures at all? How will funds raised be
>> distributed, and how will their utilization be monitored? These seem to me
>> to be important accountability measures that need to be finalized before
>> there is any talk of fundraising.
>>
>> Third, do we even know if the NCSG requires any additional funds, or not?
>> It might very well need them, but how would we even know that? Surely, it
>> isn’t the FC’s call to make, and it would be strange to imply that the FC
>> MUST raise funds, if we don’t even know what these funds are needed for.
>>
>> Perhaps one of the things the FC can do, and possibly even bake in to the
>> procedures described in Section 2.1(3), is have a process by which it
>> remains engaged with the Executive and Policy committees, which are in a
>> far better position to determine what the NCSG may require funds for?
>>
>> - has no audit responsibility
>>
>>
>> I don’t know of any audit responsibility the NCSG FC has. The one
>> referred to in section 2.6 of the Charter refers to audit requirements set
>> by the ICANN Board. I know of no requirements the Board has instructed the
>> NCSG to fulfill. Do you?
>>
>> - should not engage ICANN finance
>>
>>
>> I don’t see why it shouldn’t. The Charter is very specific on what the FC
>> should engage with ICANN Finance on, which is ensuring that the NCSG
>> receives fair and equivalent financial support from ICANN.
>>
>> - has no authority and approval on expenditure
>>
>>
>> Of course it doesn’t!! Unless section 2.1(3) of the Charter is fulfilled,
>> and specific procedures are in place to determine how funds are
>> distributed, and monitoring their utilization, why should it? Developing
>> these procedures seems like an important issue to me, so maybe the FC
>> should focus on that?
>>
>> Personally, I don’t believe any of this creates any urgency in amending
>> the Charter at all. As you suggested, Thato, it might be more of an issue
>> of an inconsistency in interpreting it. Maybe this is the discussion
>> (interpretation of the Charter) we should be having, before reaching a
>> conclusion that amendments are necessary, even if still subject to a vote
>> by the NCSG members?
>>
>> I hope this helps.
>>
>> Thanks.
>>
>> Amr
>>
>> --
--

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