POLICY PROPOSAL FOR EQUAL VOTING RIGHTS FOR ALL MEMBERS IN APNIC ---------------------------------------------------------------- Authors: PAVAN DUGGAL pduggal@gmail.com - 1. Introduction --------------- This is a proposal to introduce equal voting rights for all members in APNIC 2. Summary ---------- Under the current By-laws, there is no provision for the principle of one vote per member irrespective of the size of the address block. Currently the voting rights are disproportionate. Members having large address blocks have more number of votes and they have been in positions of power as Members of EC since inception. The present system effectively blocks the legitimate aspiration of a large segment of small voters to contest for a place in the EC. Democratic governance is best served when the principle of equality & equal opportunity for all prevails.Within the APNIC community, many have expressed dissatisfaction regarding the election procedure that has been followed since last 12 years. APNIC currently permits proportional voting system, election of EC conducted by Executive Council and the present proposal proposes the replacement of the proportional voting system of APNIC with , single voting system, . Within the APNIC community, many have expressed dissent regarding the unfair and non- transparent nature of the election procedure regarding giving members having large address blocks, more number of votes, that has been followed. Thus, the basic question that is being put forward by a large section of the member community challenges the way in which the character of voting for EC elections takes place in APNIC. 3. Situation in other RIRs -------------------------- SITUATION IN OTHER RIRS: • AfriNIC: In AfriNIC, the election to the Board of Directors is carried out by the members of the six sub-regions of AfriNIC. Each sub-region conducts its own elections and the person with the highest votes is elected as the Primary Director and the person with the second highest votes is elected as Alternate Director. Article 10.24 of the AfriNIC By-laws reads as “ where a poll is taken , each member shall have one vote on a resolution on which that member is entitled to vote”. AfriNIC has system of one member one vote means no multiple voting systems like APNIC. Voting strength in AfriNIC is 1 but voting strength in APNIC is 64. APNIC and AfriNIC works on the same area of internet registry. APNIC should follow one voting system policy because right to vote is a supreme right given to each member but this has been confesticated in APNIC EC election. • ARIN: ARIN consists of the Board of Trustees and Advisory Council which are composed of seven and fifteen members respectively. The elections held within ARIN are under the supervision of the Nomination Committee. Section 4, Article VIII of the ARIN By-laws states “Section 4. Voting and Results. a. Voting. Each General Member of record on January 1st shall be eligible to vote (through its designated member representative) in ballots and elections that are held in that calendar year if the General Member is in good standing at the start of the ballot process or Election Period. Quorum shall be defined as the portion of the eligible General Members in good standing which has been offered, by electronic or postal delivery, during the ballot or Election Period, the opportunity to vote. The President shall certify a list of eligible voters, and the Secretary shall confirm the President's review. Eligible voters shall vote electronically using a procedure approved by the Board of Trustees and publicly available on the ARIN website. General Members cast one (1) vote for each Trustee and each Advisory Council vacancy. ” ARIN has single voting strength. • RIPE NCC: Art. 16.7 of RIPE NCC Articles of Association (2009) reads as : “ Each Member of the Association who has not been suspended shall have one vote. Candidate Members shall not have the right to vote”. Activities of RIPENCC are administered by the Executive Board which comprises of 5 members. The election to the Executive Board is held at the AGM where members of the community elect the candidates by the preferential voting system. In order to be nominated, a member needs the written support of 5 members which has to be then submitted to the Executive Board within the specified deadline. RIPENIC has single voting strength. RIR like AFRINIC, RIPE NCC, and ARIN have single voting strength. All these RIR realize that proportionate voting strength is against equality which is the basic essence of internet. • APNIC Art. 24 of the APNIC By-Laws reads as : “Every Member shall be entitled to cast the number of votes allotted to that Member according to that Member's tier of membership”. 4. Details ---------- 4. DETAILS OF THE PROPOSAL: According to Part III of the By-laws, APNIC comprises of the following: a) Members, who are governing body of APNIC b) Executive Council, which acts on behalf of APNIC c) The Secretariat Equal voting right should be given to each of the member of APNIC because each member has right to determine the general policies for fulfilling the objects of APNIC prescribed in Part II of Art 2. Art.2 The objects of APNIC are: a. to provide the service of allocating and registering Internet resources for the purpose of enabling communications via open system network protocols and to assist in the development and growth of the Internet in the Asia and Pacific Rim region; b. to assist the Asia and Pacific Rim Internet community in the development of procedures, mechanisms, and standards to efficiently allocate Internet resources as a service to the community as a whole; c. to provide educational opportunities to further Members' technical and policy understanding of the industry; d. to develop public policies and public positions in the best interest of the Members and to seek legislative and regulatory consideration of issues of general benefit to the Members, where and when appropriate; e. to serve as the administrative, managerial and operations arm of APNIC Pty Ltd, and to transact all activities, functions and affairs on behalf, and in the name, of the corporation. As per the Art 5 of the Bylaws of APNIC each member should be allowed for voting. Art.5 The Members shall: a. determine the general policies for fulfilling the objects of APNIC prescribed in by-law 2 above; The membership for the general community is open for all those individuals or corporations who are interested or are experienced in the business of providing network services. The Executive Council is composed of seven members who are elected for a term of two years by the general member community. EC members are also qualified for re-election. Each voting member can nominate an individual who then becomes eligible for standing in the election to the EC. The nomination papers are to be submitted to the EC between 8 to 2 weeks prior to the Annual General Meeting (AGM). After the nominations are finalized, the candidates are placed before the member community at the AGM for voting. The EC then is responsible for counting of votes and declaration of the results. As a result, a large section of the membership community, who has been deprived for the past 12 years due t the highly irrational proportional voting system. Since its inception in 1998, members of only 9 out of 56 countries have been elected to the EC with East Asia dominating. The table below summarises the EC composition since 1998. Year South Asia East Asia South East Asia Australia/ NewZealand/ Pacific 1998 0 3 1 1 1999 0 5 1 1 2000 0 5 1 1 2001 0 6 0 1 2002 0 6 0 1 2003 0 6 0 1 2004 0 6 0 1 2005 0 6 0 1 2006 0 6 0 1 2007 1 5 0 1+DG 2008 1 6 0 0+DG 2009 0 6 0 1+DG 2010 0 5 0 1+DG DG has become part of EC since 2007. Thus, this Proposal is to have equal voting rights for all members. Since inception concentration of power is in the hands of a few members. This is a skewed representation pattern. Having one vote per member will broad base the EC representation. It augurs well for democratic governance. Further this proposal wants to bring about a change which makes the election procedure to the EC more transparent, unbiased, democratic and responsive to the needs of the members. 1. REPLACEMENT OF PROPORTIONAL VOTING SYSTEM WITH EQUAL VOTING SYSTEM The right to equal vote is well established norm of international law. Significant international treaties, including the international covenant on civil and political right and regional agreements such as the American convention on human rights, enshrine citizens claimed to universal and equal suffrage. Regional human rights system in Europe and the Americas has mechanisms to enforce the right to vote that have been applied the limited fashion which are as follows- THE 1948 UNIVERSAL DECLARATION OF HUMAN RIGHTS Article 21 of the aforesaid Declaration states as follows:- 1. Everyone has the right to take part in the government of his country, directly or through freely chosen representatives. 2. Everyone has the right to equal access to public service in his country. 3. The will of the people shall be the basis of the authority of government; this shall be expressed in periodic and genuine elections which shall be held by universal and equal suffrage and shall be held by secret ballot or by equivalent free voting procedures. THE 1966 INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors. (c) To have access, on general terms of equality, to public service in his country. THE 1952 CONVENTION ON THE POLITICAL RIGHTS OF WOMEN Article 1 Women shall be entitled to vote in all elections on equal terms with men, without any discrimination. Article 2 Women shall be eligible for election to all publicly elected bodies, established by national law, on equal terms with men, without any discrimination. Article 3 Women shall be entitled to hold public office and to exercise all public functions, established by national law, on equal terms with men, without any discrimination. THE 1965 INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION Article 5 (b) In compliance with the fundamental obligations laid down in article 2 of this Convention, States Parties undertake to prohibit and to eliminate racial discrimination in all its forms and to guarantee the right of everyone, without distinction as to race, colour, or national or ethnic origin, to equality before the law, notably in the enjoyment of the following rights... (c ) Political rights, in particular the right to participate in elections -- to vote and to stand for election -- on the basis of universal and equal suffrage, to take part in the Government as well as in the conduct of public affairs at any level and to have equal access to public service; UNITED NATIONS GENERAL ASSEMBLY RESOLUTION, A/RES/46/137 DATED 17 DECEMBER 1991: ENHANCING THE EFFECTIVENESS OF THE PRINCIPLE OF PERIODIC AND GENUINE ELECTIONS That everyone has the right of equal access to public service in his or her country, that the will of the people shall be the basis of the authority of government and that this will shall be expressed in periodic and genuine elections which shall be by universal and equal suffrage and shall be held by secret ballot or by equivalent free voting procedures. the International Covenant on Civil and Political Rights provides that every citizen shall have the right and the opportunity, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, to take part in the conduct of public affairs, directly or through freely chosen representatives, to vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors, and to have access, on general terms of equality, to public service in his or her country. The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which establish that the authority to govern shall be based on the will of the people, as expressed in periodic and genuine elections; Declares that determining the will of the people requires an electoral process that provides an equal opportunity for all citizens to become candidates and put forward their political views, individually and in cooperation with others, as provided in national constitutions and laws; The systematic denial or abridgement of the right to vote on the grounds of race or colour is a gross violation of human rights and an affront to the conscience and dignity of mankind, and that the right to participate in a political system based on common and equal citizenship and universal franchise is essential for the exercise of the principle of periodic and genuine elections; EUROPEAN HUMAN RIGHTS INSTRUMENTS THE 1950 EUROPEAN CONVENTION ON HUMAN RIGHTS Article 3 The High Contracting Parties undertake to hold free elections at reasonable intervals by secret ballot, under conditions which will ensure the free expression of the opinion of the people in the choice of the legislature. THE 1990 CHARTER OF PARIS FOR A NEW EUROPE: CSCE SUMMIT HUMAN RIGHTS, DEMOCRACY AND RULE OF LAW Democratic government is based on the will of the people, expressed regularly through free and fair elections. Everyone also has the right: to participate in free and fair elections. THE 1990 DOCUMENT OF THE COPENHAGEN MEETING OF THE CONFERENCE ON THE HUMAN DIMENSION OF THE CSCE (5) [The participating States] solemnly declare that among those elements of justice which are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings are the following: (5.1) free elections that will be held at reasonable intervals by secret ballot or by equivalent free voting procedure, under conditions which ensure in practice the free expression of the opinion of the electors in the choice of their representatives; (6) The participating States declare that the will of the people, freely and fairly expressed through periodic and genuine elections, is the basis of the authority and legitimacy of all government. The participating States will accordingly respect the right of their citizens to take part in the governing of their country, either directly or through representatives freely chosen by them through fair electoral processes. They recognize their responsibility to defend and protect, in accordance with their laws, their international human rights obligations and their international commitments, the democratic order freely established through the will of the people against the activities of persons, groups or organizations that engage in or refuse to renounce terrorism or Violence aimed at the overthrow of that order or that of another participating State. (7.1) hold free elections at reasonable intervals, as established by law; (7.3) guarantee universal and equal suffrage to adult citizens; (7.4) ensure that votes are cast by secret ballot or by equivalent free voting procedure, and that they are counted and reported honestly with the official results made public; (7.5) respect the right of citizens to seek political or public office, individually or as representatives of political parties or organizations, without discrimination; (7.6) respect the right of individuals and groups to establish, in full freedom, their own political parties or other political organizations and provide such political parties and organizations with the necessary legal guarantees to enable them to compete with each other on a basis of equal treatment before the law and by the authorities; (7.7) ensure that law and public policy work to permit political campaigning to be conducted in a fair and free atmosphere in which neither administrative action, violence nor intimidation bars the parties and the candidates from freely presenting their views and qualifications, or prevents the voters from learning and discussing them or from casting their vote free of fear of retribution; AMERICAN HUMAN RIGHTS INSTRUMENTS The 1948 American Declaration of the Rights and Duties of Man Article 20 Right to Vote and to Participate in Government Every person having legal capacity is entitled to participate in the government of his country, directly or through his representatives, and to take part in popular elections, which shall be by secret ballot, and shall be honest, periodic and free. THE 1969 AMERICAN CONVENTION ON HUMAN RIGHTS Article 23 Right to Participate in Government 1. Every citizen shall enjoy the following rights and opportunities: A. to take part in the conduct of public affairs, directly or through freely chosen representatives; B. to vote and to be elected in genuine periodic elections, which shall be by universal and equal suffrage and by secret ballot that guarantees the free expression of the will of the voters; and C. To have access, under general conditions of equality, to the public service of his country. THE 1994 INTER-PARLIAMENTARY UNION DECLARATION ON CRITERIA FOR FREE AND FAIR ELECTIONS The Inter-Parliamentary Council, adopts the following Declaration on Free and Fair Elections, and urges Governments and Parliaments throughout the world to be guided by the principles and standards set out therein: . 2. Voting and Elections Rights (1) Every adult citizen has the right to vote in elections, on a non-discriminatory basis. (2) Every adult citizen has the right to access to an effective, impartial and non-discriminatory procedure for the registration of voters. (3) No eligible citizen shall be denied the right to vote or disqualified from registration as a voter, otherwise than in accordance with objectively verifiable criteria prescribed by law, and provided that such measures are consistent with the State's obligations under international law. (5) Every voter has the right to equal and effective access to a polling station in order to exercise his or her right to vote. (6) Every voter is entitled to exercise his or her right equally with others and to have his or her vote accorded equivalent weight to that of others. (7) The right to vote in secret is absolute and shall not be restricted in any manner whatsoever. (11) Every candidate and political party competing in an election shall accept the outcome of a free and fair election. THE 1991 COMMONWEALTH HARARE DECLARATION 4. Its members also share a commitment to certain fundamental principles... • We believe in the liberty of the individual under the law, in equal rights for all Citizens regardless of gender, race, colour, creed or political belief, and in the Individual’s inalienable right to participate by means of free and democratic political processes in framing the society in which he or she lives; • Fundamental human rights, including equal rights and opportunities for all citizens regardless of race, colour, creed or political belief; WTO VOTING SYSTEM: The WTO operates on a one country, one vote system INTERNATIONAL LABOUR CONFERENCE Recommendation 193 of International Labour Conference also advocates the equal voting rights (one member, one vote). WORLD HEALTH ORGANISATION According to Chapter XIII Article 59 of WHO, Each member shall have one vote in the health Assembly. IMF In the early 2000s, in response to changes in the weight and role of countries in the world economy, the IMF began to re- examine the distribution of quotas and voting power to ensure that all members are fairly represented. SOVEREIGN EQUALITY PRINCIPLE IN INTERNATIONAL LAW This concept called Sovereign Equality Principle is composed of a number of ideals on which International Organizations; Nation-States etc base their Relations with each other. Some of these are: 1. in international organizations such as the United Nations Security Council and the IMF, votes are weighted to reflect some measure of underlying power, however in international organizations that respect the sovereign equality principle through unweighted voting procedures such as the United Nations General Assembly 2. Each Nation-State is formally equal to the other and so they should be given equal respect by the other Nation- States and a right to self-determination and non- intervention in its internal affairs by other countries or international organizations. In fact, the above principle of “Sovereign Equality” was present in customary international law and also in the League of Nations which was the predecessor of the United Nations. ISME ELECTION AND VOTING PROCEDURES: 2010(INTERNATIONAL SOCIETY FOR MUSIC EDUCATION) Each Individual member of ISME and one Group Member Representative (the person voting must be a fully paid up ISME Individual Member or the representative of a fully paid-up ISME Group Member as at 15 May 2010) may vote for the candidates standing for election as President Elect and Members-At-Large of the Board of Directors. Voting is by secret electronic ballot only. Each Group Member has one vote. The Representative for the Group casts this vote on behalf of its (ISME Associate) members. ISME Associate Members (members of organizations which are ISME Group Members) who are not ISME Individual Members are not entitled to vote. THE TRUSTEESHIP COUNCIL Article 89- Voting 1. Each member of the Trusteeship Council shall have one vote. 2. Decisions of the Trusteeship Council shall be made by a majority of the members present and voting. ORGANISATION FOR SECURITY AND COOPERATION IN EUROPE (OSCE) International Standards of Elections (1990) the final document issued by the Conference on Security and Co- operation in Europe Meeting on the Human Dimension in Copenhagen states that free elections held at reasonable intervals by secret ballot are essential to the full expression of the inherent dignity and of the equal and inalienable rights of all human beings. THE THIRTY- THOUSAND.ORG (Article) The “One Person, One Vote” rule requires that each district in a single-member district election system contain an equal number of people. This rule is also called the “no malapportionment rule.” Under this rule, the geographic size of a district does not matter; instead, it is the population size that is important. The U.S. Supreme Court has stated the rationale for this rule in “Reynolds v. Sims ” as follows Legislators represent people, not trees or acres. Legislators are elected by voters, not farms or cities or economic interests. As long as ours is a representative form of government, and our legislatures are those instruments of government elected directly by and directly representative of the people, the right to elect legislators in a free and unimpaired fashion is bedrock of our political system. The one person, one vote rule did not take effect until the 1960s. Prior to then, when states and local governments divided up political power, they did not have to consider the number of people being represented in each district, and districts had very different population sizes. Unequal representation exaggerated the voting power of some and minimized the voting power of others. 5. Pros/Cons ------------ Advantages: Advantages of proposal: a) Makes the electoral process more transparent and accountable. b) Enhances democracy within APNIC. c) Removes biases, prejudices, etc. if any. d) Instils faith in the member community. e) Encourages voter participation. f) Eliminates discrimination and distinction of any kind whatsoever 5.2 The Advantages of single voting system are as follows: a) One member one vote system. b) A member can cast votes equal to number of posts. Example if there are 3 vacancies, member will tick upto three candidates c) It is in sync with established international legal jurisprudence on the subject at hand. Disadvantages: 5.3 Disadvantages of proposal: a) There are no perceived disadvantages of the present proposal. 6. Effect on APNIC ------------------ 6. Effect on APNIC members: The principle of one member one vote would be a further tool to create greater effective democracy and transparency within APNIC . It would help instil faith in the members who have been dissatisfied with the electoral process followed till now. As a result it would enhance the participation of the members and make them more responsive to the activities and processes of APNIC. It would once again reiterate the commitment of APNIC to the fundamental principles of equality , equal representation, absence of discrimination or distinction of any kind whatsoever, as also to the principles of natural justice, good conscience and equity. 7. Effect on NIRs ----------------- 7. Effect on NIRs: By implementing this proposal in APNIC, APNIC would further reiterate the principle of equal voting followed by a number of NIRs. This would further help in the overall strengthening of the NIRs and bring harmonization of approach to the fundamental principle of equality and absence of discrimination in all NIRs. APNIC is currently standing out , in an uncomplimentary light, when it continues to stick by the principle of proportional voting. Implementing the present proposal would help in further unifying the NIRs in their harmonized approach , while dealing with equality and absence of discrimination of any kind whatsoever. Further, by adopting the present proposal, the elections to the various posts within the NIRs can be made more accountable and transparent. It would ultimately make the entire region under APNIC more democratic and responsive to the needs of the members and community at large. Thus, it would create a healthy working environment where all businesses and processes involved, of both APNIC and the various NIRs, would be more transparent and inclusive in nature. This proposal, when followed, could become an effective model as a part of overall growth of internet governance phenomenon. 8. References: • CHARTER OF THE UNITED NATIONS • University of Minnesota- Study Guide the Right to Vote • International Electoral Standards Guidelines for reviewing the legal framework of elections. • APNIC BY- LAWS • Sovereign Equality Principle in International Law • Fairvote.org • Wikipedia • www.thirt-thousand.org/1p1v.htm