[AFRI-Discuss] NomCom selection

[Barrack Otieno]

Dear Colleagues,

Our ALAC representatives and AFRALO leaders have already provided direction
on this matter, i suggest we be guided by the same.  This are process
issues that can be fixed as we move alongas we continue engaging.

Best Regards


On Sun, 7 Jul 2019, 3:29 am Peters Omoragbon, <petersomoragbon at gmail.com>
wrote:

> Dear Alan and all,
>
> I want to add my 'word' to the sentence being made about Nomcom and its
> selection process.
>
> First, I am happy that this issue is generating the interest and attention
> it deserves after I raised the query on the rationale behind another 'body'
> deciding over an above the final choice of a RALO when it comes to the
> outcome of the Nomcom election. In fact, the last AFRALO Teleconference
> under Bashir has directed a group of us do a critique on the current
> practice as it relates to the ALAC Byelaws on Nomcom. I am grateful that
> ICANN Staff immediately sent me the relevant link for my reference and
> hopefully, will soon submit a draft for consideration.
>
> Flowing from Tijani's post, I picked the following: ICANN is a bottom-up
> decision making organization. ALAC and At-Large must be and remain so as
> well.
>
> In simple words, leaders are bound to listen and follow the desires and
> demands of their followers because they were voted by these followers. And
> not the other way around. Which was why in the past, I have had cause to
> disagree with the style of leadership of the present ALAC Chair, where
> issues are being debated and without waiting to hear from every side before
> making her position known, by addressing every concerns-but rather would be
> deeply involved in the debate from the scratch which in itself would
> influence the outcome as most people are wont to 'support' her position
> (even if they secretly disagree), so as not to be in the bad book of the
> chair, that to me is hypocrisy.
>
> If ALAC rules allow for 'consultation' with every RALO for their chosen
> representatives to Nomcom, and that 'consultation' is by the elections
> conducted by every RALO, to produce their CHOICE, that choice must and
> should be respected-because the RALO are not answerable to ALAC but their
> members. That is what a bottom-up decision implies.
> For a group of 15 ELECTED officials to SIT OVER the decision and choice of
> a group of MORE than 1 million members -considering you take the 5 RALOs
> membership together is a misnomer. That is no democracy. That is not
> moralistic nor logical. That is autocracy.
>
> ALAC members are elected AND NO OTHER "BODY" sits to decide who amongst
> these 15 wise men and women are experienced or inexperienced!  So, who and
> why was the provision in the Byelaws made for these same 15 to now sit and
> approve or disapprove the choice of the 5 Ralos?!
>
> And to think that, the same people that put forward their nomcom choice
> are the same groups and with the same process that put forward the members
> of the ALAC beats my imagination. The 'provision' being used now by ALAC to
> refuse or accept an elected member is giving unchecked and undue power to
> the 15 wise men and women over the entire ICANN stakeholders. That is is
> not ideal.
>
> To even imagine that the Chair of ALAC has the prerogative to raise the
> query and others should just follow suit is akin to a dictatorship. Besides
> the point of the chair raising such query, or even that by the 15 as a
> whole is unacceptable.
>
> What constitutes EXPERIENCE if I may ask? Experience is gotten from
> opportunities given to participate over a period and years on practice and
> its nurtured and developed. Meaning, opportunities MUST BE GIVEN and where
> this is not given, how do you gain or develop one? I recalled in those days
> while applying for a visa to the USA for the first time, the young consular
> officer who interviewed me and rejected my application said " I had no
> travelling experience'  as I have not travelled out of Nigeria in the past!
> I appealed that decision by asking if I am not given a visa to travel how
> do I gain that experience? My reason for travelling was not queried, it was
> legitimate and I have all the other requirements. And I got the visa. The
> same way I will look at this obnoxious practice that must be reviewed. ANY
> candidate put forward by ANY RALO that can read and write and have even a
> tertiary qualification can serve in any capacity within ICAN as long as it
> is not an appointment but an election. Their job roles and specification
> are there for them to read and get used to. Besides, ICANN has in place,
> leadership training programs for all its elected officers. So, what is the
> big deal about NOMCOM membership?
>
> My position here is not to fight for Abdulkarim but for justice and
> equity. It could be anyone tomorrow.
>
> *Having said that, I do not think, some of the allegations made by
> Abdulkarim in his protest letter against the Chair of ALAC should be swept
> under the carpet. They must be investigated to give ALAC and ICANN its
> deserved respects and avoid undermining the office of the Chair. The
> investigation should be two-pronged. To verify if the allegations are true
> and can be proven or if they are false. Whatever its outcome, anyone found
> wanting must be sanctioned.*
>
> If the wishes of the RALOs will not be respected by ALAC or ICANN by
> extension, then, scrap the electoral process into NOMCOM and make it an
> appointment where anyone wishing to serve will apply and undergo an
> interview by the staff of ICANN. If not, then, equity demand that whoever
> has been so elected by any of the RALOs must be allowed to serve his/her
> term. *The 'carrot' that the RALO concerned produce another candidate to
> replace the one duly elected is a rape of democratic choice which must not
> be allowed to stand. ALAC must respect our** choice irrespective of the
> opposition by a few members of its members and go back to the drawing board
> to cover the present loopholes that led us to this debacle to avoid a
> similar error in the future. That is if we do not succeed with the review
> of the byelaws.*
>
> I am not going to participate in any voting process to elect a replacement
> on the ground of principle and fair-play. No one can resit an examination
> that he passes when there was no cheating.
>
> To my AFRALO members jumping to want to reap from the downfall of another
> member, I say, pause awhile and let us send a statement to ALAC and ICANN
> to respect their constituent members. If you allow this to fly, then, we
> have yet to free ourselves from the slavery and colonial mentality and the
> divide and rule tendencies of our past colonial masters.
>
> Peace without justice is the peace of the graveyard. I may be standing
> alone here-but posterity will judge everyone with time. My religion teaches
> me to stand on the part of the truth. America that as home to ICANN is the
> world's largest democracy today-so show it.
>
> God bless you all.
>
> PS: Let my sister Nduma and brother Nweke not see my position as opposing
> their candidatures. I only do not support being used by forces bent on
> creating undue division within Africa.
>
> Yours truly,
>
>
>
>
> *Pastor Peters Osawaru OMORAGBON*
>
> *Permanent UN Representative*
>
> *-Financial Secretary, Central Association of Nigerians in the United
> Kingdom-CANUK*
>
> *-Executive President/CEO-Nurses Across the Borders-An NGO in Special
> Consultative Status with the Economic and Social Council of the United
> Nations-ECOSOC*
>
> *-Designated Contact Person-United Nations Framework Convention on Climate
> Change-UNFCCC*
>
> *-International Liaison Officer-Nigerian Nurses Charitable
> Association-NNCA-UK*
>
> *-Board Member-Conference of NGOS in Special Consultative Status with the
> United Nations-CONGO*
>
> *-Member Steering Committee Regional Committee for Africa-CONGO*
>
> *-General Secretary, Civil Society Network of NGOs on Climate Change*
>
> *-Fellow Internet Corporation for Assigned Names and Numbers-ICANN*
> *-Fellow Open Society Institute-Budapest*
>
>
> On Sat, 6 Jul 2019 at 22:05, Alan Greenberg <alan.greenberg at mcgill.ca>
> wrote:
>
>> A few short further comments.
>>
>> At 06/07/2019 07:28 AM, Tijani BEN JEMAA wrote:
>>
>> Thank you ALAN for your mail. I agree with you on some points and I
>> disagree on others:
>>
>> I agree with you that a consultation with the RALO is mandatory as per
>> the ICANN Bylaw
>>
>> I agree with you that any decision to accept or reject a RALO
>> recommendation or appoint someone else is a decision of the ALAC
>>
>> I also agree with you that there has been a distinct lack of
>> communication in all directions in the current situation
>>
>> And I finally agree with you that the proposal that Mohamed just made to
>> have an internal selection process is the right way forward. It is based on
>> Maureen’s proposal that I also applaud
>>
>> But I strongly disagree with you that the ALAC Chair who is doing a
>> reasonable job should make discreet (that is private and confidential)
>> discussion with some ALAC members to make sure there is a strong consensus
>> on how to proceed.
>> The discussion must be with *all* ALAC members (except those who have a
>> conflict of interest if any), in a closed meeting as we did in Panama last
>> year, not with some of them. Why some and not all? I’m not with decisions
>> prepared behind the doors among “a small group†of friends.
>>
>>
>> I cannot speak for Maureen, but I can say that in my experience (and
>> there were far more than one instance where I was in a similar situation,
>> the Chair may consult with those in the ALT, or with selected ALAC members.
>> Reasons for NOT including a particular person may include (as you suggest)
>> a conflict of interest (real or perceived) or not wanting to put the person
>> in an awkward or uncomfortable position. In some cases, (as was the case
>> last year), consultation with all may be appropriate. It is up to the Chair
>> to decide what is best in a given case.
>>
>>
>> I also disagree with your allusion to the fact that if the RALO
>> recommendation is not accepted, ALAC can appoint a delegate to the NomCom
>> without going back to the RALO or even the RALO Chair. You were prudent
>> enough to say “there is no formal requirement†. But even that, I
>> disagree with because the formal requirement is in the bylaws article
>> 12.2.(d)(v): The ALAC shall, after consultation with each RALO, annually
>> appoint five voting delegates (no two of whom shall be citizens of
>> countries in the same Geographic Region) to the Nominating Committee.
>>
>>
>> I think that one consultation meets the requirements. We will have to
>> agree to disagree on this one.
>>
>>
>> So ALAC appoints *after* consultation with the concerned RALO, not
>> directly without going back to the RALO. Your explanation is that since the
>> RALO proposed a name, it was consulted. My explanation is different based
>> on the fact that there is no formal permission to the ALAC to appoint
>> without going back to the RALO, and on the fact that ICANN has a governance
>> model based on a bottom up decision making system. If ALAC appoints without
>> going back to the RALO, its decision is top down
>>
>> My other disagreement is about your contestation about us often focus
>> more on "democratic" procedures than on making sure we select knowledgeable
>> and capable people for all positions.
>>
>> Do you mean the democratic process prevents the selection of the best
>> people????
>> Our AFRALO community shose so far very good delegates to the NomCom using
>> their democratic process: Yaovi Atohoun, Mohamed El Bashir, Dave
>> kissoondoyal, Fatimata Seye Sylla and Aziz Hilali. You can ask for their
>> 360 evaluation to see that they performed very well. Also, this year, our
>> community made a good choice but there was an issue for him.
>>
>>
>> I was not commenting on AFRALO recommendations for the NomCom in prior
>> years. I was commenting on our appointment process in general where we have
>> often had very unqualified candidates for various positions. In many cases
>> they are not appointed for one reason or another. On some occasions, they
>> are!
>>
>> Do you think that Smaller group deciding instead of the whole members
>> will make a better decision?
>> How do you guarantee that this small group will not choose people that
>> they want (not the best or the best among their friends)??
>>
>> Of course, we need knowledgeable and capable people. I still think that
>> the democratic process is the right one to have the best people if the
>> eligibility criteria are well defined in advance for each position, and if
>> they don’t change according to the will of the chair or any other
>> influent person. The solution is not to have smaller number of persons
>> deciding instead of the whole members. The solution is in a pre-defined
>> objective eligibility criteria for each position.
>>
>>
>> I agree completely. It is the testing to see whether the criteria are met
>> that I feel our current processes often do not address. Our processes
>> presume that the electorate will carefully consider all of the issues. An
>> example is where staff posted the WRONG EoI for a candidate (it was CLEARLY
>> wrong) but no one in the electorate even noticed, so one has to ask on what
>> basis the person was selected (regardless of whether they were indeed a
>> good candidate). Selection committees doing triage should remedy that. That
>> does not preclude a democratic election of those that meet the criteria.
>>
>> Alan
>>
>>
>> ICANN is a bottom-up decision making organization. ALAC and At-Large must
>> be and remain so as well.
>>
>>
>> Alan Greenberg <alan.greenberg at mcgill.ca > a écrit :
>>
>>
>> I have avoided commenting during this process but now that we seem to
>> be in a level postilion, I do have a few comments to make.
>>
>> Please note that these comments are NOT in reference to ANY candidate
>> but are in relation to the process.
>>
>> - In accordance with the ICANN Bylaws and the ALAC Rules of Procedure
>> (RoP), the Nominating Committee delegates are selected by the ALAC. A
>> consultation with the RALO is mandatory.
>>
>> - Any decision to accept a RALO recommendation or appoint someone
>> else is a decision of the ALAC. The Chair may certainly make a
>> recommendation, but ultimately it is an ALAC decision. Prior to a
>> Chair making such a formal recommendation, if he or she is doing a
>> reasonable job, there would have been discreet (that is private and
>> confidential) discussion with some or all advisors and ALAC Members
>> to make sure there is a strong consensus on how to proceed. That is
>> the process that I have followed in a similar situation last year and
>> it is my understanding is that this is exactly the process that
>> Maureen has followed.
>>
>> - If a RALO candidate is not ratified (or recommended to not be
>> ratified), there is no formal requirement to go back to the RALO or
>> even the RALO Chair.
>>
>> - Since we regularly (over many years) seem to have various people
>> not understanding the NomCom delegate selection process, perhaps it
>> is time to clarify the ALAC RoP.
>>
>> - All of the above notwithstanding, there has been a distinct lack of
>> communications in all directions in the current situation, and that
>> is a problem that needs to be rectified - and it cannot be fixed with
>> rules.
>>
>> - The proposal that Mohamed just made, to have an internal selection
>> process is one I applaud. If I understood correctly Remmy Nweke had
>> earlier made such a suggestion. In my opinion, we (and that is both
>> the ALAC and all RALOs) have often focused more on "democratic"
>> procedures and not sufficiently on making sure we select
>> knowledgeable and capable people for all positions. It is not
>> typically sufficient to simply ask for volunteers (who may or may not
>> have ANY of the skills needed) and then have a vote that is really a
>> popularity contest and not a true evaluation of the candidates. For
>> the ALAC, the situation has been largely remedied with the ALAC
>> Appointee Selection Committee that began 3 years ago.
>>
>> Alan
>>
>>
>>
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>>
>>
>>
>> ------------------------------------------------------------------------------
>> *Tijani BENJEMAA*
>> Executive Director
>> Mediterranean Federation of Internet Associations (*FMAI*)
>> Telephone: +216 52 385 114
>>
>> ------------------------------------------------------------------------------
>>
>>
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