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Common position of various Latin American and Caribbean Networking organizations on the NCDNHC ("Non-Commercial Domain Name Holders Constituency") draft.


Those signing below, in representation of the Latin American Networks Forum (ENRED), the Internet Society of Mexico, the Foundation Networks & Development (FUNREDES) of the Dominican Republic and the Sustainable Development Networking Program/Panama offer to the consideration of the non-profit organizations that participate in the process of creation of the NCDNHC some recommendations for modification of the draft published in

The proposed modifications are sustained by:

- the reinforcement of the concept of regional diversity which has been timely approved by the ICANN,
- the conformance to the by-laws of the DNSO as for the integration to the NC of three persons from different regions in representation of each constituency,
- the interest in getting more transparent and accountable procedures within a democratic spirit,
- the improvement of the capacity of administration of the constituency,
- the enhancement of the commitment and responsibility of the organizations members of the board of the constituency.



I - Goals of the Non-Commercial Constituency



II - Membership Criteria


We would like though to express our worry about the possibility of ambiguity and misunderstanding resulting of the systematic use of the expression "non commercial" although some context exists where "non profit" would better express the intended meaning, as in "b) and which are incorporated as a non-commercial entity (in countries that have such a provision in their commercial code)" whereby the point is not about "comercial code" but about the laws for non profit associations.



We recommend the total suppression of this chapter.


IV- Voting Principles and Proposals


Each organization member of the NCDNHC will have a single vote. The mechanisms of voting must assure the regional plurality according to the principle of geographical diversity as defined by ICANN. The vote will be public since candidates are elected in representation of organizations. The detailled result of the vote will be made public in the web site of the NCDNHC.


Each two years the organizations members will vote to designate a Board formed by 5 principal members and 5 substitutes which will last for a period of two years. Will be designated as principals the 5 candidates receiving, per region, the highest number of votes. Will be designated as substitutes the 5 candidates receiving, per region, the highest number of votes right after the principals. One single organization can only have one candidate, therefore the substitutes will be from a different organization than the principals. The Board will start its function right after the publication of the results of the vote which have to happen less than 48 hours after the fixed end of the voting procedure. If for some reason candidates of a region leave their positions vacant it will not be filled by persons from another region.

C. Membership required to run

In order to run for membership it is required to be member of one of the organizations members of the NCDNHC and to have the formal support of this organization. This support will be communicated transparently to the other members of the NCDNHC and will be published, together with a copy of the formal supporting letter, in the web site of the NCDNHC.


Within the five first day of taking place, the Board will nominate three members as representatives to the NC. The nomination will be made by a majority of four of the members. Three designated persons and their substitutes will act as representatives of the NCDNHC in the NC for the period of two years. The method of appointment of the Board of the NCDNHC assures that the three representatives of the NCDNHC to the NC belongs to different regions, in agreement with the by-laws of the DNSO.

E. Substitution of the members of the advisory and / or representatives to the NC

Because the members of the NCDNHC are organizations and non physical persons, in case of:

- withdrawing of a person member of the Council on behalf an organization,


- withdrawing an organization its formal support to a person member of the Council on behalf this organization,

this person stops to belong to the Board and this organization will be allowed to designate another person. The person who surrogates the one that leave the position, will remain in the position for the whole mandate of the Board.

F. First vote.

The first paragraph would be same.

Because the elections will be based on the principle of geographical diversity, as it is reflected in ICANN by-laws, the candidates will indicate to what region belongs the organization they represent.

Third same paragraph.

The Voting was carried out between August 8th and 9th and the results will be published in the 48 following hours according to that expressed in III.B


V Sign up for Membership and Communication via Website and List




This document is a contribution from the signing organizations to the work already carried out by other people, among them the authors of the 2 previous documents.

It only intents to be another contribution towards the final document. Therefore it admits modifications and suggestions, except in relation with the issue we consider of paramount principle: the respect to criteria of geographical diversity in the different organisms and levels of ICANN, issue which has mobilized our region the last year and for which we are eager to preserve the obtained progress.

We do invite people from other regions to support this fundamental principle, join the discussion and express their support.

We also propose the following steps for the draft process:

- that the applications of membership be continued as of today,
- that the NC be informed in writing before the 12th on the different existing proposals (we suggest that this be achieved by the persons of NCDNHC who participate, as observers, to the NC),
- that discussion be maintained up to July 25th .

If the situation of lack of consensus occurs we should then proceed to have the member organizations vote based on rules that we have to agree by consensus. /p>

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