[Chapter-delegates] Interim Information: Serious considerations to dissolve the Cambodia ISOC Chapter

[Paul Brooks]

On 18/10/2013 6:24 AM, Grigori Saghyan wrote:
> Dear Norbert, All
>
> the problem is serious. We have more or less similar situation,
> our Chapter must show to Armenian community, that we are a legal
> entity, which is working under local law. With current ISOC  ByLaws it
> is impossible, because each ISOC.AM member must registered himself as
> a member of other ISOC, which US based NGO. Only after that it is
> possible to become ISOC.AM Armenian NGO member, and ISOC Armenian
> Chapter Member.
>  It is a violation of rights of Armenian citizens, who have rights to
> become  a member of any Armenian NGO WITHOUT ANY PRECONDITION like
> registration himself a a member of any foreign NGO.
>
> For us, I am sure for other Chapters too, it is a big problem.
> We are unable to act in contradiction with Armenian law - it is obvious.
>
> But at the same time  we share ISOC principles, we need to be a member
> of ISOC family, we need to be involved in discussions, participate in
> the international events, coordinate our activity with ISOC large
> community.

Grigori, and others - I am not a lawyer, but in many contract negotiations I have
heard the phrase from real lawyers "you can only do what you can do". It is not
reasonable to be expected to do things that you cannot do - including where that is
not legal in your jurisdiction.

To your point above about membership of ISOC - that paragraph reads:
"Establish and maintain the Chapter with a minimum of 25 individual members who must
be members of the Internet Society;"

Unless there is some punctuation or additional words that should have been there and
is missing, one way of interpreting this sentence is  -  as long as 25 of your members
choose to be members of ISOC, a chapter will comply with this sentence, even if the
remainder choose not to be members of ISOC. There seems not to be any need to compel
members to also join ISOC, clearly you can only do what is legal within your jurisdiction.

Members join the local chapter first. In jurisdictions where it is legal, that chapter
membership might also automatically come with ISOC membership attached. In countries
where it is not legal to compel members to become members of a foreign organisation,
it might have to be optional to do so, as these ISOC principles can not be expected to
override local laws.

On the issue of ISOC stipulating clauses that must be in the local chapter by-laws,
note the words "where appropriate" in the sentence "These documents will, *where
appropriate*" in paragraph 3. Each chapter can interpret which requirements are
appropriate for their particular circumstance and jurisdiction.
 In Australia's case, our by-laws do not define any maximum number of terms that an
individual may hold office. For us, paragraph 3.3 is not appropriate. We comply with
requirements which are appropriate and consistent with our by-laws. That is all anyone
should expect.

Best Regards.




-- 
Paul Brooks
Board member
ISOC-AU - Internet Society of Australia