[NCUC-DISCUSS] important information

Amr Elsadr aelsadr at egyptig.org
Mon Aug 8 14:42:23 CEST 2016


Hi,

The GNSO operating procedures has some guidelines that need to be followed regarding GNSO SG/C membership. Those allow for multiple memberships across GNSO SGs/Cs, but only at the discretion of each of the SGs and Cs. This is to be defined in each of their respective charters. The NCSG charter suggests that those who can be members of other SGs should not be members of the NCSG.

The GNSO operating procedures are also clear on the fact that no one member can be a voting member of more than one group, so if Peter (for example) is a voting member of both the RySG and the NCSG, then there is a serious problem on a broader scale than just the NCSG, especially that he is serving as an NCUC elected officer. The RySG should also be all over this.

Thanks.

Amr

> On Aug 8, 2016, at 2:18 PM, Seun Ojedeji <seun.ojedeji at gmail.com> wrote:
> 
> Hello Rafik,
> 
> I believe this is a fair decision and i hope Peter will also take it with a positive mindset. That said, i like to clarify, does this also imply Peter would be disqualified as a member of NCUC? If yes, i will wish/suggest that should not to be the case.
> 
> Personally, i am of strong opinion that people should not occupy leadership roles(or decision making positions) in multiple stakeholder group within ICANN but i don't have opposition to allowing people participate, so long as they declare it in their SOI.
> 
> Regards
> 
> On Mon, Aug 8, 2016 at 4:45 AM, Rafik Dammak <rafik.dammak at gmail.com <mailto:rafik.dammak at gmail.com>> wrote:
> Dear members:
> 
> I am sharing with you an important and extraordinary announcement. Last week the NCUC EC agreed to ask one of its members, Peter Green, to resign. It was not an easy act or one that we took lightly, and we had to think about it for some time. Our action was necessary because of an undeclared conflict of interest and a clash with our membership eligibility rules.
> 
> Peter is an employee of CONAC, a TLD registry associated with the government of China. As a CONAC employee, he is an active member of and participant in the Registry Stakeholder Group. It has been a longstanding principle of NCUC membership eligibility rules that people or organizations that are members of another SG or constituency in the GNSO cannot also be members of NCUC (bylaws III.3). This is done to prevent other interest groups from attempting to control or unduly shape our Constituency, which is devoted to noncommercial user interests.
> 
> Peter has been actively working on behalf of the Registry SG for some time, even as he has been serving on our Executive Committee. This is evident from articles such as this
> http://www.chinagov.cn/english/News/CONACNews/201509/t20150924_281168.html <http://www.chinagov.cn/english/News/CONACNews/201509/t20150924_281168.html> and from records of the registry constituency working group such as this https://community.icann.org/display/S1SF/Drafting+Team <https://community.icann.org/display/S1SF/Drafting+Team> 
> We note with concern that Peter's Conflict of Interest statement when running for election to the NCUC EC failed to mention his employment at CONAC. 
> 
> I wanted you to be aware of this issue and to understand the basis for our actions.
> 
> Best Regards,
> 
> Rafik Dammak
> 
> ---------- Forwarded message ----------
> 
> Dear Peter (Zuan Zhang):
> 
> For some time we (the undersigned representatives of the Executive Committee) have received complaints or expressions of concern about your eligibility for membership in the Noncommercial Stakeholders Group. The EC has investigated this matter and has come to the conclusion that you are ineligible for NCSG membership and thus must resign from the NCUC Executive Committee immediately.
> 
> We want to make it clear that this is not caused by any misconduct on your part; it is purely a matter of applying our eligibility rules. Your contribution to our EC has been exemplary, but we cannot continue to contradict our membership rules. This would open the door to many other ineligible members and possible abuses. We hope you can accept this decision in a good spirit.
> 
> Section 2.2.2 of the NCSG charter specifically excludes from membership "Organizations that are represented in ICANN through another Supporting Organization."
> 
> Section 2.2.5 of the NCSG charter makes it clear that individuals are eligible only if they are "not represented in ICANN through membership in another Supporting Organization or GNSO Stakeholder Group."
> 
> As an employee of CONAC, you are a member of the Registry stakeholder group and have played an active role representing CONAC in the Registry Stakeholder Group (RSG). CONAC is a domain name registry, which has its own Stakeholder Group, where your affiliation with CONAC as an employee is persistent and strong. We understand that before CONAC was a TLD registry, its employees were admitted into NCSG because there was no other place for them to be represented and there was less of a conflict of interest. But that time has passed; CONAC is now a full-fledged TLD registry operator and its policy interests are represented in the RSG.
> 
> We thank you for your prior participation in our group and encourage you to stay involved in the GNSO via the Registry Stakeholder Group.
> 
> Farzaneh Badii
> Caribe Joao Carlos 
> Rafik Dammak
> Grace Githaiga 
> Milton Mueller
> 
> 
> 
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> 
> 
> -- 
> ------------------------------------------------------------------------
> Seun Ojedeji,
> Federal University Oye-Ekiti
> web:      http://www.fuoye.edu.ng <http://www.fuoye.edu.ng/>
> Mobile: +2348035233535 <>
> alt email:  <http://goog_1872880453/>seun.ojedeji at fuoye.edu.ng <mailto:seun.ojedeji at fuoye.edu.ng>
> 
> Bringing another down does not take you up - think about your action!
> 
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