Hubert, I disagree. The draft proposed section 35B(a) very clearly defines what a relationship is for the purposes of proposal 5. This proposal I believe isn't designed to restrict organisations who do business from being able to submit a candidate (i.e. if Company A buys a transit service from ISP B it's not designed to restrict Company A and ISB B from each submitting a candidate from the EC, conditional that both businesses are not in the same economy, see proposal 2). Rather it is designed to restrict both Company A and Company B from submitting a candidate where they are both owned, managed, have mutual beneficial owners, and the like by Company C.
I also refer to your statement that "Ombudsman or Electoral Committee needs to also be vested with the power as an appeal institution". Under 35C(c) it reads "All nominees for the Executive Council must agree as a condition of their nomination to ... submit to the decisions of the Electoral Committee, which will be final and binding". Could you please clarify some reasons where an appeal would be justifiable? Regards, Christopher H. ________________________________ From: Hubert <[email protected]> Sent: Thursday, September 14, 2023 1:01 PM To: [email protected] <[email protected]> Subject: [apnic-talk] Re: Proposed By-law Reform Vote Dear Mr. Hawker, I cannot help but to notice the drafting of Proposal 4 left much to be desired as it fails to establish and does not further define the relationship or extent of proximity or the dynamic of relationship between organisations. It would seem to the community that an imposition of outright ban of that blanket nature actually encompasses all the organisations with its affiliated entities, whether they had previously transacted with each other in any business dealings before or had been formally endorsed by one another elsewhere. By adopting this proposal, it might open the floodgates for potential abuse and interested party could eliminate opposition by "screening out unwanted candidates" by precluding them from contesting in the seats of Executive Council, so to speak. I am all for the implementation of Proposal 5 but it shall be noted that such an office of Ombudsman or Electoral Committee needs to also be vested with the power as an appeal institution, where it could be the final and legally binding arbiter to determine any appeals arising from the election processes in a timely manner without the need of external intervention and such an independent committee shall also be tasked with the important duty in holding the electoral roll and attend to the general affairs of election. All in all, by having such a committee with recognisable standing of independence, integrity and honesty will greatly enhance the legitimacy and impartiality of the election as there exists an in-house recourse for contestants to air out grievances in proper channel. Regards, Hubert _______________________________________________ APNIC-talk - https://mailman.apnic.net/[email protected]/ To unsubscribe send an email to [email protected]
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