Re: [gnso-osc-csg] Uniformity

["Zahid Jamil" <zahid@xxxxxxxxx>]

I agree with this.  The language quoted in the exchange today does not go as 
far as requiring uniformity nor does it extend to membership criteria. 

Common principles on participation does not equal uniform membership criteria. 

Every constituency has to set the criteria themselves and there is no need for 
uniformity in the language quoted.  Denial of such a right would make 
constituencies redundant and indistinct in their characteristics and their 
differences by their very nature.  

Any such extension would be a stretch and beyond mandate/charter.  

Additionally I am positive this would not be acceptable to the constituencies.  
(In fact this is a consensus position that has already been issued as a 
statement by the BC.) If such a stretched interpretation emanates it would 
likely not be accepted by the Steering Committee and not have support at least 
from several constituencies in the Council.

This should be kept in mind by leads.  A perception that the team or their 
leads have conferred upon them the right to expand their mandate by their 
creative interpretation ought to be avoided to retain credibility of our work. 


------Original Message------
From: Claudio Di Gangi
Sender: owner-gnso-osc-csg@xxxxxxxxx
To: Victoria McEvedy
To: zahid@xxxxxxxxx
To: Glen de Saint Géry
To: owner-gnso-osc-csg@xxxxxxxxx
To: gnso-osc-csg
Subject: RE: [gnso-osc-csg] Uniformity
Sent: 10 Oct 2009 02:20


Dear SS,

I am writing this to you as our Subtask team leader.

I hope this clarifies the question you asked on the call today. I do not 
consider "membership eligibility criteria" as one of the participation rules or 
operating procedures categories where it makes sense to have a uniform rule in 
place concerning "whom" or "what" is eligible to join a particular group. The 
groups should set these rules with ICANN's approval. The GNSO is made up of a 
diverse group of constituents (commercial interests, individuals, 
organizations, registries, registrars, etc.) 

All of these constituents are eligible to form groups and participate in the 
GNSO, so having one uniform rule dealing with eligibility is inconsistent.  In 
the restructured GNSO, in the contracted party house of the GNSO, groups form 
and participate at the Stakeholder Group level. In the non contracting party 
house, groups form and participate at the Constituency level.

Hope this was helpful. Thanks for your continued work on the draft.

Claudio





Sincerely,

Zahid Jamil
Barrister-at-law
Jamil & Jamil
Barristers-at-law
219-221 Central Hotel Annexe
Merewether Road, Karachi. Pakistan
Cell: +923008238230
Tel: +92 21 5680760 / 5685276 / 5655025
Fax: +92 21 5655026
www.jamilandjamil.com
 
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