[governance] Decision [Imran Ahmed Shah] Complaint against MAG Nomination

[Avri Doria]

On 26 Feb 2012, at 16:47, Salanieta T. Tamanikaiwaimaro wrote:

> Your comments are based on the assumption that there is an Appeals Team.

That is my presumption.  And as a member of that appeals team I do not see where a co-co gets the authority to declare it not so.  Especially in a case where their judgement and activities might be an issue.

>  
>    Issue  - Is there an Appeals Team?
>  
> Things to consider:
>  
> 	• Under the Charter, what is the term of the Appeal Team appointment?

Doesn't say specifically.  It says it will be selected yearly.  One wasn't.

It also says there is an Appeals Team

>> The IGC will have two coordinators, and an appeals team.
> 
> 
>> The appeals board will be selected yearly by a randomly selected nominating committee as defined


> 	• When was the NomCom commissioned to activate the process of selection of  the Appeal Team?

Never was.

> 	• Was there a renewal process by the NomCom?

Nope

> 	• When did the renewal process occur?

Didn't.  
Do not see how these questions are relevant.  It does not need to be renewed, in fact can't as there need to be new people on a new appeals team.


> 	• Under the Charter, can the Appeal Team assume that their term extends beyond one year of their prescribed term? [If so what is the basis of the assumption and is it prescribed under the Charter?]
>  

I do not see how they can assume anything other than that their terms extends until they are replaced.

And that has been the practice since the charter was created.  

For co-cos, as well as appeals team.  I think this is the third time it has happened to the appeals team.  Never before did the co-cos declare it gone.

I speculated about it being gone at one point, but a review of everything said so far by others, convinces me that there is still an appeals time.

A few points of my own: 

- no one has brought this issue to the appeals team
- if anyone, especially the co-cos beleive that we do not have an appeals team, I find it extraordinary that no one has initiated a process to create one.  It is negligent of the co-cos to allow the IGC to run without one if that is what they beleive is happening.  If they just think  the old one is still standing by, that is a bit remiss but within normal practice, if they think the IGC is running without one, they it is truly a problem since the IGC depends upon the existence of the appeals team for its governance process legitimacy.  Though never yet used, without an appeals team, the co-cos become dictators.
- in some ways the deficiency of the co-cos actually making sure that the appeals team be replaced is a bigger issue than the specific issue of a member of the appeals team being named by the Nomcom.  Since the UNSG's office plans to allow two of the reps to continue, and since with all the resignations only two remain*, there probably was not chance they would be removed from the MAG, no matter what IGC said.  The appointment of an appeals team members by the Nomcom is a moot point as he probably get to stay on the MAG as he wishes even without IGC endorsement.

avri

* at least i think that is the case.
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