[ALAC] Final ALAC statement on Draft Process for Recognition of New GNSO Constituencies

Olivier MJ Crepin-Leblond ocl at gih.com
Mon Feb 28 12:53:26 UTC 2011

Thank you, Alan, and thanks to Marc and Jean-Jacques for their very
useful input.

This is well drafted and I have given the green light to Staff for
launching a vote.

Kind regards,


Le 28/02/2011 07:11, Alan Greenberg a écrit :
> Thanks to Marc for his thoughtful and useful additions, most of which
> have been incorporated into the document. And thanks to Jean-Jacques
> for his suggestion which I have changed a bit but also incorporated.
> Here in text as well as PDF.
> ============
> ALAC Comment on the Draft Process for Recognition of New GNSO
> Constituencies dated 10 January 2011
> The ALAC fully supports the intent of the draft process, specifically
> to give the Stakeholder Group the prime responsibility for reviewing
> and approving new Constituencies, while preserving the Board's right
> to act counter to the Stakeholder Group advice if it feels that this
> serves ICANN's greater needs.
> However, the ALAC is concerned that the process proposed is overly
> cumbersome, inefficient, and will discourage participation. The first
> and third criteria for the new process (in part) specified:
> 1.    Optimize the considerable time and effort required to form,
> organize, and propose a new GNSO Constituency by prescribing a
> streamlined sequence of steps....   
> 3.    Manage the entire process to a flexible, but specific and
> limited timeframe
> It is unclear how the process can be streamlined without removing its
> important checks and balances, but it is clear that as described, the
> process will take far longer than is necessary or is acceptable.
> As proposed, in a best-case scenario, it will take at least 9-10
> months from initial application to final recognition. This presumes
> that the Stakeholder Group acts expeditiously and that the Board
> considers the application at its first regularly scheduled meeting. If
> the Board addresses the issue at a subsequent meeting (as allowed in
> the process) for both the Applicant and Candidate Phase, the
> recognition time will be almost 1.5 years. Should reconsideration be
> required, the worst case scenario grows to over 2.5 years.
> Few potential Constituencies are likely to have the fortitude to
> withstand such delay. Moreover, the investment in participating in
> several years of ICANN meetings would be considerable.
> A significant part of this elongated procedure is attributed to the
> long gap between the specified "regularly scheduled Board meetings",
> which according to current schedules are held only during ICANN
> meetings. If ICANN were to have only 2 meetings per year as has been
> suggested at times, the approval process would be elongated even more.
> The ALAC recommends that the Board treat this as requiring more urgent
> attention and that the procedure specify that the Board will review
> Constituency recognition issues within two meetings, whether Regular
> or Special. Moreover, as is the case with a number of other Board
> consideration issues, the norm should be to address Constituency
> recognition issues at its next meeting. The process already includes
> provisions if a decision within two meetings is not possible.
> Lastly, at present only the Commercial and Non-Commercial Stakeholder
> Groups recognize the concept of Constituency. Both the Registry and
> Registrar Stakeholder Groups do not have such a concept. Presumably
> therefore, this draft process only applies to groups wishing to form
> Constituencies within the Commercial and Non-Commercial Stakeholder
> Groups and not within the contracted party Stakeholder Groups. The
> document should state this explicitly and unambiguously to ensure that
> expectations of potential applicants are set appropriately.
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Olivier MJ Crépin-Leblond, PhD

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