[EURO-Discuss] Legal situation with respect to ALAC candidatures

Nick Ashton-Hart nick.ashton-hart at icann.org
Wed May 9 14:34:52 EDT 2007

Dear Stefan:

It is important for you to understand that the diversity requirements
for ALAC members who are elected are a part of the ICANN Bylaws. They
are therefore not optional in any way, shape or form. They require
that the minimum diversity requirements are:

That the elected ALAC members should be residents or nationals of
different countries
That they should be members of different ALSes.

These requirements are echoed - and additional diversity provisions
added to them - in the EURALO Bylaws.

I wanted these points to be entirely clear to everyone: there are
diversity requirements which are not optional - and as regards the
EURALO bylaws and MoU, those requirements cannot be disregarded
because one person or another takes a view as to their importance;
they have to be respected unless and until they are amended.

On 09/05/07, Stefan Hügel <sh at fiff.de> wrote:
> Dear colleagues,
> there is one remark, I would like to make.
> Am 09.05.2007 um 08:20 schrieb Nick Ashton-Hart:
> 1) As you all know, the diversity requirements for all the officers was an
> important matter for many ALSes. They are also important to ICANN as a
> whole, else there would not be  a diversity element to the ICANN Bylaws in
> respect of ALAC members. As a consequence, it is strongly recommended that
> Ms. Cretu join an ALS which is different from any other ALAC member, or ALAC
> candidate in this election, as that would clearly enhance the diversity of
> the ALAC members if she were to be elected. It was clearly not the intent of
> the diversity provisions that one ALS should have two ALAC members as
> members; this would not be in keeping with the spirit of these provisions.
> I fully agree that we should go for diversity - more, I'd like to stress it.
> In my opinion, the candidature of Veronica Cretu does not contradict
> diversity, but enhances it, as she represents groups not represented by the
> other candidate for ALAC. The more formal aspect of ALS-membership seems a
> less important point to me in this case.
> I appreciate that the open questions to the candidature are clarified now.
> Best
> Stefan
> --
> Stefan Hügel (sh at fiff.de)
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Nick Ashton-Hart
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