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

[Barrack Otieno]

Dear Colleagues,

This issue is dragging for too long what is the real issue? We need to be
very clear about the problem if we are to come up with solutions, joining
the global Internet Society Community is voluntary, getting chartered has
its merits and demerits, we have had successes as well as challenges with
the current model we have been using, our objective is to collectively find
a win win situation that will improve our Chapters operations and the
global Internet Society, this is not the time to point fingers , we have
seen the hardwork and selflessness of Internet Society Staff and Chapter
leaders which has brought us where  we are . *I would like to challenge our
colleagues from the Cambodian Chapter to come out clearly on what their
problems are and how they would like to be assisted*, lets end rhetoric and
get down to real issues.

Best Regards

Barrack Otieno

Kenya


On Sat, Oct 19, 2013 at 7:52 PM, Paul Brooks <paul.brooks at isoc-au.org.au>wrote:

> 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
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>



-- 
Barrack O. Otieno
+254721325277
+254-20-2498789
Skype: barrack.otieno
http://www.otienobarrack.me.ke/
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