PPI: Statutes Review

This document is currently under development and is not approved or endorsed by the party. Some statements may be incorrect, unverified or otherwise objectionable to party policy or intention, and until such time as it is endorsed by the party, it does not represent the views or intentions of the party. You may make substantial changes to this document without requesting permission.

Purpose

Provide an overview of potential areas for amendment in the current PPI statutes, and general organisational structure.

PPI statutes can be found here.

Scratchpad

If you want to throw ideas out there but not add them as final to this page, a pad has been created for discussion.

Statute amendment suggestions

Ambiguity

If you find any ambiguous language in the statutes, or clunkiness that could lead to confusion to a non-native (or even native) English reader, please add it below.

• Use of the term "postal vote" when this is interpreted as an online vote in most cases. This should be considered for update.
• Reword the Preamble to state "Pirate Parties International exists to help establish, support and promote Pirate Parties around the world, and to encourage communication and cooperation between its members and with other organizations."
• XIII(8) refers to not doing your job for 3 months being instant resignation. Next line says anything other than death or resignation must be by majority vote.
  • It also doesn't require the board to take action on significant absences, allowing skeleton boards.
• VII(2) "A proposal for the exclusion of a Member may only be submitted by the Board, or by a tenth of Members from three different continents.": 10% of all members, of which at least 3 continents must be represented, or 10% of each continent with at least 3 continents?
• No line specifying where the power lies when an issue arises that isn't prescribed by the statutes, such as change of membership status by choice of said member.
• VII(1) "The Member gives notice to the Board of the decision to resign by registered letter.": why registered letter, and does this change meaning in different jurisdictions? Why not just email, like everything else?
• Statutes should not be allowed to be overriden by popular vote, otherwise there is no point to having the delay period of submitting amendments to statutes.

Failures of process

• There is no specified format for numbering the constitution as a policy, so it has randomly replaced sections and other amendment-style numberings (XIa, 1a, etc)
• Statute amendments and memberships are accepted immediately as being in effect, meaning order of motions can change outcomes of meetings.
  • Should only be allowed to take immediate effect upon 2/3 vote in favour, as a separate motion, and only if necessary for smooth functioning of the GA or board, such as introduction of new positions.
• No requirements for knowing much about candidates in advance; just end up with whoever is present to fill vacancies.
  • CoA should have people with legal knowledge.
• Statutes should specify that consensus is not a valid mechanism for finding a majority of support in favour of anything specified in these statutes.
• Legal action shall not be brought against the PPI for the decisions of the CoA unless those decisions were in relation to criminal conduct.
• Board is not required to actually allow members to add items to the agenda (XIII(1)(e))

Missing articles

• No article defining what language(s) legal documents of the organisation must be legally translated to. (By convention this has been English)
• There is no definitions section. Definitions the statutes could do with:
  • Definition of simple and absolute majority, including what constitutes quorum when abstains are counted.
• No mechanism for members to have formal input outside of the General Assemblies which occur too infrequently.
• No requirement that remote delegates are able to interact as much as feasible for all official aspects of GAs.
• No mechanism for an ordinary member to convert to an observer member; only option is resignation
• No mechanism provided for selection of delegates to organisations of which PPI is a member to (eg WTO, WIPO, etc)
• No provision for regional representatives.
• No provisions explicitly allowing an online GA, nor allowing the members to determine the mechanism of the conduct of said GA.
• Unclear jurisdiction; PPI is not PPI HQ.
• Very limited guidance provided as to how board elections are to be handled, including nominations. (Convention shows that this is hard to get right with standing orders alone.)
  • If such an article were to be based on current convention, nominations should be limited to two per member.
• Nominations for positions should not be allowed from the floor unless not enough candidates had nominated before hand. All candidates must be formally sponsored, with documentation.

Board communication requirements

• No standard is set for the roles of the board.
• Such standards could include a monthly brief being mailed to all members.
• No definitions of when a member is allowed to see the membership register, including formal contact details and who the "registered delegate(s)" are for a given party.
• No requirement for the board to publish their policies and processes; consider perhaps a by-law mechanism for this purpose? Consider things like the recent "postal vote" we've seen.

Member-driven activities

• No formal mechanism provided to request the formation of a working group or committee for any purpose desired by a member.

Non-gender neutral language

• "co-chairmen" yet at times the pronoun "her" is used; use gender neutral language: "chairpersons", "they", "their", or avoid pronouns altogether.

XVI Funding

• Very ambiguous; has already led to significant issues.

XI(4) "e-democracy"

• System hasn't been utilised at all, statutes give the discussions almost no power.
• The term initiative required definition in a footnote, should probably just amend the wording to not require it.

Resignations

• No mechanism is provided for the acknowledgement and/or acceptance of resignations from positions within PPI. The Board has in the past refused to acknowledge resignations.

Spelling and grammar

• De-capitalise anything that isn't a proper noun.
• Capitalise anything that is a proper noun.

Responsibilities of members

• Members should be required to inform PPI when:
  • Their delegates change.
  • Their board (or other administrative organs as nominated) have an election or otherwise change)
  • Their membership numbers significantly change
  • Their regular general assembly or other named function is to occur.

Membership Register

• Current wording of 1.4.6 (or VIII) Membership Register

1. The Board keeps a Membership register at the PPI Headquarters of Pirate Parties International. This register lists the name, legal form, address of the registered office, identity of the representative and, where applicable, the registration number in accordance with existing legislation and regulations. All Members may consult this register at the registered office of the PPI Headquarters.

• Proposed new wording

1. The Board keeps a membership register on the website of Pirate Parties International. This register lists the name, legal form, address of the registered office, identity of the representative and, where applicable, the registration number in accordance with existing legislation and regulations. The register must remain made publicly available at all times, with exceptions made on a case-by-case basis where deemed appropriate by the General Assembly.