Proposal for NCSG Charter Amendment

[Thato Mfikwe]

Thanks.

On Fri, Jun 7, 2019 at 8:50 PM Elsa S <elsa.saade at gmail.com> wrote:

> 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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