[Ncsg-discuss] Is ICANN helping to subvert its own governance model?

[Rafik Dammak]

Thanks all for the comments and input. We extended from last time to allow
that and I can see a strong support to send the letter. I will do that
today.

Rafik

On Tue, Nov 18, 2025, 11:21 Tomslin Samme-Nlar <mesumbeslin at gmail.com>
wrote:

> Hi Rafik, all,
>
> *I fully support the letter to the board*. As it states "Expedited timing
> is critical to ensure that any ICANN-related engagement aligns with the
> multistakeholder principles embedded in ICP-2".
>
> Having followed the work of Smart Africa closely within ICANN, I have
> always held the view that while their efforts might be providing the much
> needed support AfriNIC needed to address the issue they were facing, the
> Smart Africa approach was not consistent with Internet Governance models we
> advocate for -  which are *bottom-up* *inclusiveness, openness* and
> *transparency*. These questions we are asking now ensure that going
> forward, the right approaches are used to achieve the right results. So, we
> must ask these questions to the ICANN board and whoever else is accountable.
>
> Remain blessed,
> Tomslin
>
>
> On Mon, 17 Nov 2025 at 21:10, Emmanuel Vitus <emmanuelvitus at gmail.com>
> wrote:
>
>> Hmmm…. It is not hesitation but reflection. It is the kind of moment
>> anyone who has lived through the history of African Internet governance
>> will recognise. Those who witnessed the creation of AfriNIC, the protracted
>> 4-year crisis that nearly fractured it, or the long political odyssey
>> behind the “dot africa” top level domain know that these debates are never
>> merely technical. They carry historical memory, institutional fragility,
>> and the ongoing struggle for African agency within a global digital order
>> that was not built for us.
>>
>> Professor Milton’s article is, as always, rigorous and analytically
>> sharp. For many of us, he has long been a model of principled thinking in
>> global Internet governance. Yet on this particular point, the framing
>> requires a more historically grounded African perspective.
>>
>> There is a long-standing tendency to portray African states as inherently
>> unstable or structurally fragile. We saw this again only weeks ago when
>> Donald Trump, in his current political capacity, declared Nigeria a
>> “disgraced country” and threatened to intervene “guns blazing” based on
>> unverified allegations. This rhetoric does not arise from empirical depth;
>> it emerges from narrative habits that reduce African complexity to
>> simplified explanations. It is essential that we do not reproduce such
>> patterns in our internal governance debates.
>>
>> Smart Africa, which features prominently in this discussion, must also be
>> situated in its proper context. It has always operated under African Union
>> guidance and in several areas it succeeded where the AU advanced slowly.
>> Yes, Smart Africa is close to governments and the private sector. Yes, it
>> must improve its engagement with civil society, academia and the technical
>> community. No, the model is not perfect. But depicting Smart Africa as a
>> covert instrument seeking to capture AFRINIC or impose political control
>> over a regional technical institution misrepresents both its mandate and
>> its contributions.
>>
>> I should also clarify that I am not a “defender” of Smart Africa, despite
>> the interpretation suggested in the article. I defend African initiatives
>> that attempt, however imperfectly, to advance African sovereignty and
>> agency. When Smart Africa errs, I criticise it privately and publicly.
>> <https://medium.com/@emmanuelvitus/after-years-of-paralysis-afrinic-must-prove-it-can-govern-itself-1b7d50bbd67c>
>> When it succeeds, I acknowledge tha
>> <https://medium.com/@emmanuelvitus/afrinic-hope-hijack-and-the-harsh-lessons-of-african-multistakeholderism-8e8378797101>t.
>> As we often say in Africa, *only a tree that bears fruit receives stones*.
>> Smart Africa receives stones precisely because it has stepped into a space
>> where Africa historically lacked institutional visibility. Maybe this is my
>> badge to carry as well: that by being vocal, by standing for African
>> agency, by refusing narratives that diminish us, I inevitably place myself
>> in the line of fire. But perhaps that is precisely the role our generation
>> must accept.
>>
>> Some factual clarifications are necessary. ISPA is the Internet Service
>> Providers Association of South Africa. It is not, and has never been, the
>> Internet Service Providers Association of Africa. AFRINIC covers 54
>> countries and more than 2 300 members. To reduce the outcome of a
>> continental election to the influence of a single national association is
>> not only inaccurate; it erases the collective effort behind the process
>> led by Smart Africa
>> <https://smartafrica.org/press-release-community-endorsed-candidates-for-afrinic-board-elections-2025/>.
>> Colleagues from TESPOK in Kenya, TISPA in Tanzania, ISPA RDC and many
>> others would be astonished to see their extensive consultations reduced to
>> a single sister association. Even ISPA’s own leadership knows how the
>> continental slate emerged: through negotiation, coordination and consensus
>> across the region.
>>
>> Prof, in that spirit, may I respectfully ask whether you had the
>> opportunity to speak with the ISPA leadership before drawing this
>> conclusion in the article? Their perspective would be extremely valuable to
>> this discussion.
>>
>> As for the circulating claim that ICANN funded CAIGA or empowered Smart
>> Africa to redesign AFRINIC’s governance: this is unsupported by any
>> evidence. If ICANN’s legal counsel were asked to evaluate it formally, they
>> would likely dismiss it immediately. The allegation collapses under basic
>> legal and factual scrutiny. I was present in most of the rooms where these
>> matters were discussed, most of them publicly. I witnessed the
>> interactions, the boundaries and the institutional constraints. This
>> narrative does not correspond to reality.
>>
>> My hope is that those familiar with AFRINIC’s internal dynamics and with
>> the African technical community will recognise the gap between the
>> narrative being circulated and what actually occurred.
>>
>> For colleagues who want deeper context, I invite you to read my recent
>> article
>> <https://medium.com/@emmanuelvitus/smart-africa-icann-caiga-afrinic-how-the-brouhaha-exposes-the-politics-of-african-digital-cf3ddc42beca>.
>> It explains how this narrative emerged, why it spread. More importantly, it
>> argues that African digital sovereignty will not be built on suspicion or
>> fragmentation.
>>
>> Prof, I genuinely appreciate your decision to remove the earlier
>> concluding paragraph. It reflects the intellectual humility and integrity
>> that many of us admire in your work.
>>
>> Let us continue this discussion with historical consciousness. Africa has
>> been misrepresented many times in global Internet governance. We must avoid
>> reproducing narratives that diminish our agency or our capabilities. *Africa
>> is not a country.*
>>
>> Asante sana!
>> Emmanuel
>>
>> Le dim. 16 nov. 2025 à 16:52, Anriette Esterhuysen <anriette at apc.org> a
>> écrit :
>>
>>> Oh.. and thanks a lot for deleting the original last paragraph :)
>>>
>>> Anriette Esterhuysen - anriette at apc.org//anriette at gmail.com
>>>
>>> On 2025/11/16 18:19, Mueller, Milton L wrote:
>>>
>>>
>>> Anriette,
>>> Thanks for your comments. I think your question about the relationship
>>> between the African Union and Smart Africa (SA) is an important one to
>>> pursue. It is relevant if SA succeeds in establishing some kind of Council
>>> (CAIGA) that has supervisory authority over AFRINIC. I think that is a bad
>>> idea and I also think it is highly unlikely. But as a partner of SA, ICANN
>>> needs to confront this question.
>>>
>>> As for "generalizations about the region and its governments," sorry if
>>> you read that into the article. No such generalizations were intended. Your
>>> misinterpretation shows that nationalism and identity politics are big
>>> obstacles to clear thinking about Internet governance, especially in this
>>> case. There is no statement anywhere in that blog, or in anything I have
>>> ever written, that says Africa is "inherently" unstable or undemocratic.
>>> Inherent means "existing in something as a permanent, essential, or
>>> characteristic attribute." No, the article merely calls attention to the
>>> fact that many of its current governments are undemocratic or unstable,
>>> which is a fact. Some African governments are not unstable or undemocratic,
>>> and there is certainly long term hope that stability and liberal democracy
>>> will come to additional African states.
>>>
>>> The point is, all these governments would be part of a board that wants
>>> to govern AFRINIC. So what kind of principles and policies would ensue?
>>> Geopolitics and national interests are "inherent" features of multilateral,
>>> government institutions. That is my argument, and it applies to all
>>> regions, not just Africa.
>>>
>>> The article advocates for *self-governance* of AFRINIC by its *members,
>>> * and opposes an overlay of state-directed control. This is what we
>>> mean by "the multistakeholder model," is it not? My rejection of state
>>> control and digital sovereignty applies to the U.S. government, to European
>>> governments, etc. Our current experience with the Trump administration and
>>> its nationalistic, nativist, sovereigntist policies is an excellent example
>>> of why I don't want states setting policies for the global coordination of
>>> Internet identifiers. It also explains why I was and remain a big advocate
>>> of eliminating U.S. control of ICANN during the 2014-2016 transition. I
>>> think I have been perfectly consistent about this.
>>>
>>> Dr. Milton L Mueller
>>>
>>> Georgia Institute of Technology
>>>
>>> Carter School of Public Policy
>>>
>>> <https://internetgovernance.org>
>>>
>>>
>>>
>>>
>>> ------------------------------
>>> *From:* Anriette Esterhuysen <anriette at apc.org> <anriette at apc.org>
>>> *Sent:* Sunday, November 16, 2025 10:44 AM
>>> *To:* Mueller, Milton L <milton at GATECH.EDU> <milton at GATECH.EDU>;
>>> NCSG-DISCUSS at LISTSERV.SYR.EDU <NCSG-DISCUSS at LISTSERV.SYR.EDU>
>>> <NCSG-DISCUSS at LISTSERV.SYR.EDU>
>>> *Subject:* Re: Is ICANN helping to subvert its own governance model?
>>>
>>>
>>> Dear Milton
>>>
>>> You are often the person that asks tough questions in an uncompromising
>>> way. I like and value that about you even when I don't agree with you :)
>>> But speaking as an African I would appreciate it if you could do so without
>>> making generalisations about the region and its governments. Africa is not
>>> inherently 'unstable' or undemocratic, as you imply.  In fact, living in
>>> the US at present you probably have firsthand knowledge of how erratic
>>> states and their leaders can be and how risky it is to make assumptions
>>> about them.
>>>
>>>
>>> From my perspective as someone who has tried to follow the process
>>> closely, but from a distance, I do have questions over and above those in
>>> the NCSG letter, but they can wait for a bit later and should be addressed
>>> to the AfriNIC board and to Smart Africa and the  African Union.
>>>
>>>
>>> For example, does the MOU between Smart Africa and the African Union
>>> Commission include commitment to comply with the AU's Data Policy
>>> Framework
>>> <https://au.int/sites/default/files/documents/42078-doc-DATA-POLICY-FRAMEWORKS-2024-ENG-V2.pdf>,
>>> and the AU Declaration on Internet Governance
>>> <https://au.int/sites/default/files/newsevents/workingdocuments/33025-wd-african_declaration_on_internet_governance_en_0.pdf> which
>>> affirms freedom of expression, openness and the WSIS  principles of
>>> multistakeholder participation? And, will Smart Africa int is
>>> interaction/support of AfriNIC adhere to  the African Commission on
>>> Human and People's Rights Declaration of Principles on Freedom of Expression.
>>> The latter is a particularly strong document and shaped by multistakeholder
>>> consultation and in particular civil  society input.  AfriNIC has in the
>>> past been active in the formulation of AU internet-related policies.
>>>
>>>
>>> I also have questions on how Smart Africa, which is indeed doing good
>>> work and filling a gap left by the lack of capacity at the African Union
>>> Commission, plans to work with civil society and promote and protect human
>>> rights in its digital governance work.  While Smart Africa does not exclude
>>> civil society, it does seem to practice its multistakeholder approach
>>> primarily through working with the private sector. AfriNIC also always
>>> needed to strengthen its connections with civil society. I hope  that new
>>> board will help make that happen.
>>>
>>>
>>> These are not questions for ICANN but I think they are questions
>>> relevant to many NCSG members involved in internet governance in Africa
>>> (and beyond).   Emmanuel and others, if you do have some of the answers to
>>> my questions, please share.
>>>
>>>
>>> Thanks
>>>
>>> Anriette
>>>
>>>
>>>
>>>
>>>
>>>
>>>
>>> Anriette Esterhuysen - anriette at apc.org//anriette at gmail.com
>>>
>>> On 2025/11/14 17:50, Mueller, Milton L wrote:
>>>
>>> I support the letter 100%
>>>
>>> ------------------------------
>>> *From:* Rafik Dammak <rafik.dammak at gmail.com> <rafik.dammak at gmail.com>
>>> *Sent:* Friday, November 14, 2025 1:55 AM
>>> *To:* NCSG <ncsg-discuss at listserv.syr.edu>
>>> <ncsg-discuss at listserv.syr.edu>; ncsg-pc <ncsg-pc at lists.ncsg.is>
>>> <ncsg-pc at lists.ncsg.is>
>>> *Cc:* Mueller, Milton L <milton at gatech.edu> <milton at gatech.edu>
>>> *Subject:* Re: [NCSG-Discuss] Is ICANN helping to subvert its own
>>> governance model?
>>>
>>> hi all,
>>>
>>> thanks for the comments and input to letter, here the new version after
>>> resolving the changes
>>> https://docs.google.com/document/d/1CPgRLILaCtsda8YRA4mUtElLXYS6udjF8cHvTo2AXHI/edit?tab=t.0
>>>  .
>>> If there is no strong objection or concern, we can send this letter asap
>>> to the board for consideration, hopefully by the end of the day.
>>>
>>> Best,
>>>
>>> Rafik
>>>
>>> Le jeu. 13 nov. 2025 à 23:08, Mueller, Milton L <
>>> 00001d75540da649-dmarc-request at listserv.syr.edu> a écrit :
>>>
>>>
>>> > I want to urge NCSG members that as we ask for more information, we do
>>> so without undermining AfriNIC's new board
>>> > and the efforts of this board and those working with it to stabilise
>>> AfriNIC. They need our support.
>>>
>>> Absolutely correct. The focus should be on CAIGA proposal, which
>>> deviates from multistakeholder principles, the new Afrinic board has very
>>> little to do with that as far as I know.
>>>
>>>
>>> Dr. Milton L Mueller
>>>
>>> Georgia Institute of Technology
>>>
>>> School of Public Policy
>>>
>>> <https://internetgovernance.org>
>>>
>>>
>>>
>>> Rafik Dammak
@rafik
"fight for the users"
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