[governance] URGENT: Last call for feedback on CS participation in NETmundial Initiative

Wed Nov 26 06:07:15 EST 2014

On Tue, 25 Nov 2014 18:43:16 +0400
Jeanette Hofmann <jeanette at wzb.eu> wrote:

> Now I am confused! Mawaki represents the caucus in the CSCG. As a
> member of that group he should act on our behalf or shouldn't he? And
> even if Mawaki interprets his role and responsibilities in ways
> different from you, what law is it exactly that he violates?

Hi Jeanette

The legal instrument governing IGC's decision-making processes is the
IGC Charter. (Whether that can be enforced in a court of law is a
different question. My understanding of Swiss law is that at the time
when someone in Switzerland was a co-coordinator, it would have been
possible to sue in a Swiss court to legally enforce the IGC Charter if
the appeal process as defined in the IGC Charter for some reason wasn't
available. I have no opinion about whether something something
analogous might apply today.)

In any case, while I'm pretty sure that no-one has any intention to sue
over this, according to the IGC Charter, the following applies: If four
members of the IGC believe the decision making process to not have been
in accordance to the IGC Charter, they can appeal the decision.

(Substantively I'm keeping my opinions on whether this process was
legitimate to myself, as due to my role in JNC I would consider it
inappropriate to engage within another CSCG member's decision making
process in any way that would go beyond communicating and explaining
JNC's positions.)

Greetings,
Norbert

> 
> Am 25.11.14 17:00, schrieb parminder:
> > Mawaki
> >
> > I am sure that you know that there is a method listed in the IGC
> > charter to take collective decisions, and the method you are
> > following is nowhere close to that..
> >
> > In the circumstances, any correspondence you will make on IGC;s
> > behalf as representing an IGC decision on this issue will be
> > illegal.
> >
> > parminder
> >
> > PS: Apart from the fact that you are simply not authorised to make a
> > decision on IGC's behalf, especially on such a contested matter as
> > the implicated one, the various 'considerations' and 'notings' that
> > you base your 'decision' on our either faulty or heavily contested,
> > and you surely know that.
> >
> > Interestingly, you have spoken of the need to take forward to
> > evolve and improve some sections of the Sao Paolo NM declaration,
> > whereas a lot of civil society supporters of the new NMI as well
> > its promoters inside WEF are insisting that the /*new NMI is not at
> > all a normative venue but is bacially a platform for project based
> > cooperation/*. Now, with such a faulty, or atleast contested,
> > interpretation of the central purpose of the new NMI, how can you
> > reach a decision on the IGC's behalf.
> >
> > This is just one of the faulty/ contested considerations that you
> > have relied on, and there are many others that I can refer to.
> >
> > In the circumstances, please withdraw your ' decision'. Also for
> > Deirdre's comments. Please let us know what you think of the
> > legality of this 'decision'.
> >
> >
> >
> >
> > On Tuesday 25 November 2014 02:56 AM, Mawaki Chango wrote:
> >> Dear All,
> >>
> >> I have listened to your views, to your fears and concerns as well
> >> as to your hopes and support. This one is really difficult a
> >> decision, probably the most difficult IGC decision I will have to
> >> be involved in before the expiration of my term.
> >>
> >> Taking into consideration all the responses, comments,
> >> explanations, positions and advice received on the IGC list in
> >> response to this call, whether under this email thread or in a
> >> different one since this call has been posted;
> >>
> >> Noting that Deirdre, my co-coordinatorship mate, has also already
> >> expressed herself on this question;
> >>
> >> Observing that most of the concerns and the strongest ones
> >> expressed here relate more (albeit not exclusively) to the
> >> presence or participation of the WEF as such in the NMI than to
> >> anything else;
> >>
> >> Considering that the NMI is a different undertaking from the WEF;
> >>
> >> Noting that the modus operandi of WEF may in itself be
> >> diametrically opposed to, or at least is different from, the open,
> >> transparent, bottom-up and consensus-seeking mode of operation
> >> that we value as civil society in the IG field and which ICG,br
> >> and IGC agree to promote and uphold in carrying forward the legacy
> >> of NETmundial2014;
> >>
> >> Noting that in that regard the goals pursued by WEF in global
> >> governance may be at odds with the goals of civil society, and as a
> >> result there are most likely many questions on which civil society
> >> and WEF may not agree on in one increasingly prominent area of
> >> global governance to date (i.e, the internet governance area);
> >>
> >> Noting that the IG space is one that is meant to be open to all
> >> stakeholders who are willing to contribute, as long as they accept
> >> to live up to that openness and the other basic rules of operation
> >> mentioned above from the CS standpoint, without the pre-requisite
> >> of agreeing with each others on their worldview or even on a set
> >> of core substantive issues;
> >>
> >> Noting that currently, the NMI is the beginning of something that
> >> still needs to be shaped and can be shaped as have shown so far the
> >> amendments that have been made by its proponents to their original
> >> plans after CS feedback and criticism;
> >>
> >> Understanding that those amendments may have been made in order to
> >> lure CS into NMI and that they may not guarantee any type of
> >> outcome on the long run unless CS remains vigilant and keeps
> >> fighting for the outcomes it wishes for or supports;
> >>
> >> Noting that the outcome of NETmundial2014 is not perfect and thus
> >> _at least_ some sections of CS do not consider it as final in the
> >> sense that some of its provisions may still need to evolve and be
> >> improved, but that would be better achieved through the continuous
> >> collaborative work of the various stakeholders rather than by fiat
> >> from one stakeholder (group);
> >>
> >> Considering that if CS resolves to join NMI, it is not lending
> >> legitimacy to WEF in any way but to NMI which has already gained
> >> some legitimacy by the CGI.br being one of its co-founders and
> >> will further gain legitimacy by having a delegate of the IGF-MAG
> >> join the NMI's Coordination Council (assuming its current design
> >> is implemented)*;
> >>
> >> I would recommend that IGC engages with the NMI process by
> >> participating in the vetting and selection by CSCG of civil society
> >> nominees to the NMI Coordination Council.
> >> On the IGC behalf, I will further advise and support the idea that
> >> the CSCG assorts the CS participation with a number of conditions
> >> that will be meant to make sure the continuous participation of
> >> the CS and its appointees is subject to being accountable to their
> >> constituents.
> >>
> >> CSCG will be informed immediately of this outcome, that is, the
> >> acceptance of IGC to go forward with NMI.
> >>
> >> Thank you for your participation in this consultation.
> >> Best regards,
> >>
> >> Mawaki
> >>
> >>
> >> (*) Excerpt from the https://www.netmundial.org/
> >> The Coordination Council will have a total of *25 individual
> >> members*: 20 distributed across four sectors and five geographies,
> >> and additional seats (one each) for the organizational founders
> >> CGI.br and ICANN; one for the World Economic Forum in its role of
> >> supporter of the Initiative; as well as one seat each for the IGF
> >> Multistakeholder Advisory Group (MAG) and the technical community
> >> (I* group).
> >>
> >>
> >>
> >
> 

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